SCH Number 2023020567

Project Info

Title

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

Description

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.

3 documents in project