NOAA Chumash Sanctuary Informational Workshop Notes
Tuesday September 12th, 2023 6PM - Vista Del Mar School, Gaviota
Speaker: Bill Duros
Notes: Ava Schulenberg
Vision: A thriving sanctuary system that protects our underwater treasures and inspires momentum for a healthy ocean
Website Link: Here
Sanctuaries carry out diverse programs:
Examples include
Resource protection
Maritime heritage
Science - research and monitoring
Education and outreach
Volunteers
Water quality
Community partnerships
Promoting recreation and tourism
History of Proposed National Marine Sanctuary in Central CA:
Early 1980s State and County of SLO propose new national marine sanctuary off Morro Bay and Northern SB County
July 2015: Large community coalition led by Northern Chumash Tribal Council re-submitted a nomination for CHNMS
October 2015: Nomination accepted in inventory for potential future sanctuary designation
April-Sept 2020: ONMS conducts 5-year review of nomination, receiving more than 14,000 public comments, 96% in favor of keeping in inventory
Nov 2021: ONMS initiates designation process
Sanctuary Designation Process:
Dec 2021-Jan 2022: Public scoping meetings
Feb 2022-August 2023: Reviewed public comments, held workshops, meetings, prepared draft designation docs
August 24-25 2023: NOAA released draft designation docs, opened public comment period
Oct 25 2023: public comment period ends
Throughout 2023 and into 2024: NOAA will prepare responses to comments
Target mid 2024 - Final designation secured
Draft Designation Docs:
Announces proposal to designate and notification of availability of draft EIS and draft management plan (and requests comment)
Describes and provides a rationale for the proposed action
Purpose of the Proposed Action:
Action: Designate a new national marine sanctuary in the coastal and offshore waters of Central CA
Manage and increase protection of nationally-significant biological, cultural and historical resources through a regulatory and non-regulatory framework
Need for the Proposed Action:
Area is important ecological transition zone with high biological productivity; Important habitat to many endangered species
Supports dense aggregations of marine life, including nationally significant biodiversity of sea birds, marine mammals, invertebrates, etc.
Area contains hundreds of shipwrecks of historical importance
Region has been made home to coastal, ocean-going indigenous tribes for more than 10,000 years
Submerged village sites may exist along paleoshorelines (ancient shorelines)
Additional protections are needed due to myriad ongoing and emerging threats to the area from human uses and climate change
Offshore energy development (oil/gas, offshore wind)
Pollution (offshore and onshore sources)
Increased vessel traffic/transportation
Increased coastal development
Climate change
Boundary NOAA Proposes to Designate:
The proposed designated area is the North end of Pt Bouchon down to a couple miles east of Dos Pueblos back along state waters out to the edge of the CINMS and then deep offshore and back up - Goes to the mean high-tide line on the coast based on a 19-year future climate change/sea level-rise projection
Offshore wind energy initiatives include 3 leases that will be places on the northwest corner of the proposed sanctuary that BOEM has confirmed will have approximately 30 cables running along the seafloor to the coast
Reasons for agency-preferred alternative:
Focus management on core areas and resources requiring conservation
Santa Lucia Bank (including Rodriguez Seamount & Arguello Canyon) to coast
Nearshore reefs, kelp forests, sandy and rocky shorelines, shipwrecks, potential paleoshorelines, resources important to tribes and indigenous communities
Indigenous cultural resources along Gaviota Coast
Proposed Regulations:
All activities are allowed, unless there are sanctuary regulations prohibiting them
Proposed prohibitions are similar to other CA national marine sanctuaries including exceptions to prohibited activities e.g. USCG discharges, or anchoring a vessel
Standard permit processes would be included to allow NOAA to consider activities otherwise prohibited - via a sanctuary general permit; special use permit; ONMA authorization; and certification
Would allow for permitting of subsea electrical transmission cables to shore in a manner consistent with how NOAA has permitted trans-oceanic fiber-optic cables
Does not include any fishing regulations - They currently feel there are adequate state/federal regulations
Proposed Prohibited Activities:
Oil, gas, or mineral development other than existing platforms/reservoirs
Discharges - within or into; beyond that enters and injures; from a cruise ship
Disturbance of submerged lands
Take, disturbance, removal, or possession of a maritime heritage resource
Take or possession of a marine mammal, sea turtle, or bird
Deserting a vessel or leaving harmful matter aboard a deserted vessel
Attracting a white shark
Special protections for Rodriguez Seamount below 1,500ft (other than fishing)
Introducing an introduced species (other than striped bass catch and release)
Interfering with an enforcement action
Contains 11 action plans:
Indigenous cultural heritage
Climate change
Maritime heritage
Water quality
Offshore energy
Blue economy
Wildlife disturbance
Education and outreach
Resource protection
Research and monitoring
Operations and administration
Action plans each have separate strategies and activities; outline non-regulatory programs for new management
Tribal Collaborative Management:
Unprecedented opportunity, from the time of designation, to involve tribes and indigenous community members in collaborating on sanctuary management
NOAA held one or several meetings with Chumash (6 bands) and Salinan (2 bands) tribes over a 6 month period to listen to their ideas. Reviewed tribal papers and other models within sanctuaries and elsewhere
Co-developed framework for Tribal collab management, shared in tribal meetings on Aug 22
NOAA responsibility and legal authority to designate and manage sanctuaries (hiring federal staff, budget execution, regulations - enforcement, facilities, establishing advisory council)
Required government-to-government consultation with federally recognized tribes per executive order 13175
Group for federally recognized tribes and the State of CA, allowing for direct input to NOAA as it administers the new sanctuary. Similar Structure in place at OCNMA
Critical group for ensuring meaningful community and tribal involvement in advising the sanctuary and linking to constituents
A working group of multiple tribal interests to provide essential advice. Open to individuals possessing relevant indigenous cultural knowledge linked to the sanctuary area
Partnership arrangements with one or more non-profit entities. Create joint project agreements that support tribal community involvement in sanctuary programs
Analyzes the impacts on the natural and human environment of the proposed action and a range of alternatives for sanctuary designation
Evaluates how implementing the proposed sanctuary boundaries, regulations, and management plan could affect the environment
NEPA requires EIS to provide a reasonable worst-case analysis
Different issue-area experts wrote each section
Structure of the EIS analysis:
Began with an original boundary alternative
Developed a proposed set of regulations
Developed a proposed management plan for that boundary configuration
NEPA requires analysis of a reasonable range of alternatives
NOAA decided to have spatial alternatives rather than regulatory alternatives
NOAA analyzed the initial boundary alternative, regulations, and management plan, them compared spatial alternatives to that initial boundary alternative
Selected an agency-preferred alternative
They got a lot of asks to make the sanctuary larger - Having it extend to Santa Barbara/Malibu
BOEM proposed an alternative sanctuary that allows for the Morro Bay offshore wind areas that will hold approximately 750 turbines at minimum
Key findings of draft EIS:
No significant adverse impacts are expected under any boundary alternative
Significant, long-term, beneficial impacts for many of the alternatives
The initial boundary alternative would have the greatest number and magnitude of significant beneficial impacts, as well as the greatest number and magnitude of adverse, but not significant impacts
The agency-preferred alternative would have significant beneficial impacts on physical resources and cultural heritage and maritime heritage resources
Compared to the initial boundary alternative, the agency-preferred alternative would not have the same level of significant beneficial impacts on biological resources, commercial fishing, and military access
This study is federally funded and the Santa Ynez Chumash band was heavily involved in the draft process
Submitting Public Comments:
They encourage us to read everything and then submit comments once the information is understood
The main place public comments get funneled is to the regulations.gov portal where they’re published for all to see online - All NOAA staff goes through it and categorizes based on topic (e.g. all commercial fishing questions go into one bin, all offshore wind comments go into a one bin, etc.). All comments are reviewed
The more that comments can be “why” comments the better; Comments that are useful and will have more impact have specific analytical asks/commentary vs. general complaints that are not well-thought out
No profanity is allowed
Public comment period deadline is 10/25/23
How to submit electronic comments:
Submit all electronic public comments through the federal eRulemaking portal, www.regulations.gov
The docket number is NOAA-NOS-2021-2021-0080
Click the “comment” icon, complete the required fields, and enter or attach your comments
Scheduled Public Comment Meetings:
Can provide oral comments at 3 public meetings:
9/25 5PM: county board hearing room, SLO (in-person)
9/27 5PM: Dick DeWees Center, Lompoc (in-person)
10/12 Virtual: to register, go to https://sanctuaries.noaa.gov/chumash-heritage/
How to submit written comments:
Mail to:
Paul Michel, NOAA Sanctuaries West Coast Regional Office, 99 Pacific Street, Building 100F, Monterey, CA 93940
Regarding a Final Designation:
If decision is to complete designation, NOAA will:
Review and develop response to public comments
Revise and finalize regulations, non-regulatory plans, name for the sanctuary, boundaries for sanctuary, etc.
Produce final rule, final management plan, final EIS
Finalize agency consultations
Approx a 6-9 month period
Congress has opp to review
Governor also has provided opp to review nad concur with state waters portions
Present target to finalize action - Mid 2023
National Marine Sanctuaries Act governs NOAA which will aid in making the final decision, but there are agencies within the federal government that aid in consulting; NOAA and the Dept of Commerce essentially make the decision based on public feedback; There’s a bit of a political overlay to the process
Andy Rasmussen asks if this goes through congress? Bill says there is a 45 period day time period where congress could take an action/take action, but they are not required to do anything
General and Specific Questions:
Public comment is not being taken tonight at this meeting (this is an informational workshop only)