Regulatory Amendments Allowing Incidental Take During Work on Pre-Existing Artificial Structures in Marine Protected Areas: Supplement to the MPA Region EIRs

3 Documents in Project

Summary

SCH Number
2023020567
Lead Agency
California Fish and Game Commission (CDFGC)
Document Title
Regulatory Amendments Allowing Incidental Take During Work on Pre-Existing Artificial Structures in Marine Protected Areas: Supplement to the MPA Region EIRs
Document Type
NOP - Notice of Preparation of a Draft EIR
Received
Document Description
California's marine protected areas (MPA)s network was established by the Commission following certification of environmental impact reports (EIRs) for each of four planning regions encompassing state waters along the California coast. MPAs are specific marine and estuarine areas designed to protect or conserve marine life and habitat, with a range of allowed uses and resource protection levels. The network includes sites designated under three MPA classifications (state marine reserve, state marine conservation area, and state marine park), one marine managed areas classification (state marine recreational management area), and special closures. The more common term "MPA" is used throughout the project as an umbrella term to refer to all three types of protected areas in California's network. Artificial structures with entitlements that existed prior to establishing MPAs are located within California's network. While some MPAs have individual regulations allowing the incidental take of marine resources associated with the continued operation, maintenance, repair, removal, and replacement of pre-existing artificial structures, there are other MPAs that do not. The Commission proposes to revise California Code of Regulations (CCR), Title 14, Subsection 632(a)(1) and add subsections 632(a)(13), 632(a)(14), and 632(a)(15) to allow for incidental take of marine resources related to work on artificial structures that existed prior to establishing California's network and artificial structures that were constructed and installed after MPA designation pursuant to public health and safety concerns. The area of operation, maintenance, repair, removal, or replacement surrounding the structure would become an incidental take buffer zone for the duration of the work. The limited regulatory changes avoid the need to amend regulations for individual MPAs in California's network or general take regulations. The EIR Supplement will add to environmental information and analysis in the four MPA region EIRs and evaluate the potential environmental impacts associated with implementing the proposed amendments.

Contact Information

Name
Brian Owens
Agency Name
California Department of Fish and Wildlife
Job Title
Senior Marine Environmental Scientist, Specialist
Contact Types
Lead/Public Agency

Location

Counties
Del Norte, Humboldt, Marin, Mendocino, Monterey, Orange, San Diego, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Cruz, Sonoma, Ventura
Regions
Statewide
State Highways
SR 1, I-101, I-5
Railways
multiple
Airports
multiple
Schools
multiple
Other Location Info
California's network of 124 Marine Protected Areas (MPAs) spans 1,110 miles from Mexico to the Oregon border and protects 16% of state waters. The network is divided into four regions: North Coast, North Central Coast, Central Coast, and South Coast. The North Coast region covers approximately 1,027 square miles of state waters from the California/Oregon border south to Alder Creek near Point Arena (Mendocino County). The North Central Coast region covers approximately 763 square miles of state waters from Alder Creek near Point Arena south to Pigeon Point (San Mateo County). The Central Coast region covers approximately 1,144 square miles of state waters from Pigeon Point, south to Point Conception (Santa Barbara County). The South Coast region covers approximately 2,351 square miles of state waters from Point Conception south to the California/Mexico border, including state waters from the Channel Islands.

Notice of Completion

State Review Period Start
State Review Period End
State Reviewing Agencies
California Air Resources Board (ARB), California Coastal Commission (CCC), California Department of Conservation (DOC), California Department of Fish and Wildlife, Central Region 4 (CDFW), California Department of Fish and Wildlife, Habitat Conservation Planning (CDFW), California Department of Fish and Wildlife, Marin Region 7 (CDFW), California Department of Fish and Wildlife, North Central Region 2 (CDFW), California Department of Fish and Wildlife, Northern and Eureka Region 1 (CDFW), California Department of Fish and Wildlife, South Coast Region 5 (CDFW), California Department of Forestry and Fire Protection (CAL FIRE), California Department of Parks and Recreation, California Department of State Parks, Division of Boating and Waterways, California Department of Transportation, District 1 (DOT), California Department of Transportation, District 11 (DOT), California Department of Transportation, District 12 (DOT), California Department of Transportation, District 4 (DOT), California Department of Transportation, District 5 (DOT), California Department of Transportation, District 7 (DOT), California Department of Transportation, Division of Aeronautics (DOT), California Department of Transportation, Division of Transportation Planning (DOT), California Department of Water Resources (DWR), California Fish and Game Commission (CDFGC), California Governor's Office of Emergency Services (OES), California Highway Patrol (CHP), California Natural Resources Agency, California Public Utilities Commission (CPUC), California Regional Water Quality Control Board, Central Coast Region 3 (RWQCB), California Regional Water Quality Control Board, Los Angeles Region 4 (RWQCB), California Regional Water Quality Control Board, North Coast Region 1 (RWQCB), California Regional Water Quality Control Board, San Diego Region 9 (RWQCB), California Regional Water Quality Control Board, San Francisco Bay Region 2 (RWQCB), California Regional Water Quality Control Board, Santa Ana Region 8 (RWQCB), California San Diego River Conservancy (SDRC), California Santa Monica Mountains Conservancy (SMMC), California State Coastal Conservancy (SCC), California State Lands Commission (SLC), Delta Protection Commission, Delta Stewardship Council, Department of Toxic Substances Control, Office of Historic Preservation, San Francisco Bay Conservation and Development Commission (BCDC), San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC), Santa Monica Bay Restoration, State Water Resources Control Board, Division of Drinking Water, State Water Resources Control Board, Division of Water Quality, State Water Resources Control Board, Division of Water Rights, State Water Resources Control Board, Divison of Financial Assistance, California Native American Heritage Commission (NAHC)
State Reviewing Agency Comments
California Native American Heritage Commission (NAHC)
Development Types
Other (Regulatory)
Local Actions
Regulatory amendment
Project Issues
Biological Resources, Cultural Resources, Cumulative Effects, Hydrology/Water Quality, Tribal Cultural Resources

Attachments

Draft Environmental Document [Draft IS, NOI_NOA_Public notices, OPR Summary Form, Appx,]
Notice of Completion [NOC] Transmittal form
State Comment Letters [Comments from state reviewing agencies]

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