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

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

California's network of marine protected areas (MPAa) was established by the California Fish and Game Commission following certification of EIRs for each of four planning regions encompassing state waters along the California coast. MPAs are specific marine or estuarine areas designed to protect or conserve marine life and habitat. There are different classifications used in the network, reflecting a range of allowed uses and resource protection levels. The classifications consist of three MPA designations (state marine reserve, state marine conservation area, state marine park), which are a subset of marine managed areas (MMAs), one MMA-specific classification (state marine recreational management area), and special closures. The more common term “MPA” is used throughout as an umbrella to refer to all types of protected areas in the network. Artificial structures with entitlements that existed prior to establishing the MPAs are located within the network. While some MPAs have individual regulations allowing for take of marine resources incidental to the continued operation, maintenance, repair, removal, and replacement (O&M) of pre-existing structures, there are additional MPAs that do not authorize this type of take. The Commission is proposing to revise Title 14 of the California Code of Regulations in subsection 632(a)(1)(E) and add Subsections 632(a)(13), 632(a)(14), and 632(a)(15) to allow for take of marine resources to occur incidental to O&M of artificial structures that existed prior establishing the network and artificial structures that were constructed and installed after MPA implementation pursuant to public health and safety concerns. The area of O&M 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 individual MPA designations in the network or specific take regulations. The EIR Supplement will add to environmental information and analyses in the four MPA region EIRs and evaluate the potential environmental impacts associated with implementing the proposed regulatory changes to Section 632 of Title 14. *The Commission is the lead agency and the California Department of Fish and Wildlife (CDFW) will prepare the environmental documents for the project consistent with the Commission's certified regulatory program.

Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, Yuba

Statewide

California Air Resources Board (ARB), California Baldwin Hills Conservancy (BHC), California Coachella Valley Mountains Conservancy (CVMC), California Coastal Commission (CCC), California Department of Conservation (DOC), California Department of Corrections and Rehabilitation (CDCR), California Department of Fish and Wildlife, Bay Delta Region 3 (CDFW), 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, Inland Deserts Region 6 (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 Resources Recycling and Recovery, California Department of State Parks, Division of Boating and Waterways, California Department of Toxic Substances Control (DTSC), California Department of Transportation, District 1 (DOT), California Department of Transportation, District 10 (DOT), California Department of Transportation, District 11 (DOT), California Department of Transportation, District 12 (DOT), California Department of Transportation, District 2 (DOT), California Department of Transportation, District 3 (DOT), California Department of Transportation, District 4 (DOT), California Department of Transportation, District 5 (DOT), California Department of Transportation, District 6 (DOT), California Department of Transportation, District 7 (DOT), California Department of Transportation, District 8 (DOT), California Department of Transportation, District 9 (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 Governor's Office of Emergency Services (OES), California Highway Patrol (CHP), California Native American Heritage Commission (NAHC), 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, Central Valley Fresno Region 5 (RWQCB), California Regional Water Quality Control Board, Central Valley Redding Region 5 (RWQCB), California Regional Water Quality Control Board, Central Valley Sacramento Region 5 (RWQCB), California Regional Water Quality Control Board, Colorado River Basin Region 7 (RWQCB), California Regional Water Quality Control Board, Lahontan South Lake Tahoe Region 6 (RWQCB), California Regional Water Quality Control Board, Lahontan Victorville Region 6 (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 San Joaquin River Conservancy (SJRC), California Santa Monica Mountains Conservancy (SMMC), California State Coastal Conservancy (SCC), California State Lands Commission (SLC), California Tahoe Conservancy, Central Valley Flood Protection Board, Colorado River Board, Delta Protection Commission, Delta Stewardship Council, Department of General Services (DGS), 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, Sierra Nevada Conservancy, 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, Tahoe Regional Planning Agency (TRPA)

Other (Regulatory)

Regulatory

Biological Resources, Cultural Resources, Cumulative Effects, Hydrology/Water Quality