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
NOD - Notice of Determination
Received
Posted
12/20/2023
Document Description
California's network of MPAs 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 and conserve marine life and the habitats they depend upon. 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 amend Title 14 of the California Code of Regulations in Subsection 632(a)(1) and to add subsections 632(a)(1)(E), (a)(13), (a)(14) and (a)(15) to allow take of marine resources to occur incidental to O&M of artificial structures that existed prior to establishing the network and artificial structures that were constructed and installed after MPA implementation pursuant to public health and safety concerns.
Contact Information
Name
Maurene Trotter
Agency Name
California Fish and Game Commission
Job Title
Regulatory Analyst
Contact Types
Lead/Public Agency
Phone
Email
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 Determination
Approving Agency
California Fish and Game Commission
Approving Agency Role
Lead Agency
Approved On
Determinations
(1) The project will have a significant impact on the environment
No
(2a) An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA
Yes
(2b) A Mitigated or a Negative Declaration was prepared for this project pursuant to the provisions of CEQA
No
(2c) An other document type was prepared for this project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the approval of the project
No
(4) A mitigation reporting or monitoring plan was adopted for this project
No
(5) A Statement of Overriding Considerations was adopted for this project
No
(6) Findings were made pursuant to the provisions of CEQA
Yes
Attachments
Notice of Determination
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