MONTEREY BAY NATIONAL MARINE SANCTUARY ADVISORY COUNCIL Meeting Minutes Friday, June 6, 1997 Pt. Lobos State Reserve - Hudson House Carmel, CA The Monterey Bay National Marine Sanctuary (MBNMS) Advisory Council met on Friday, June 6, 1997 at the Hudson House at Pt. Lobos State Reserve in Carmel, California. Public categories and government agencies were present as indicated: Agriculture: Richard Nutter Diving: Not Represented AMBAG: Katharine Beiers Education: Dorris Welch At Large: Karin Strasser Kauffman, Chair Enforcement: Not Represented At Large: Steve Webster Fishing: Dave Danbom At Large: David Iverson, Secretary Ports & Harbors: Joe Townsend Business & Industry: Steve Abbott Recreation: Thomas La Hue CA EPA: Marc Del Piero Research: Greg Çailliet CA Coastal Commission: Tami Grove Tourism: Ed Brown CA Resources Agency: Brian Baird U.S. Coast Guard: LCDR W. Dean Lee Conservation: Rachel Saunders The following non-voting members were present as indicated: Monterey Bay NMS: Joanne Flanders (for Terry Jackson)/ Carol Fairfield Gulf of the Farallones NMS and Cordell Bank NMS: Ed Ueber Channel Islands NMS: Not Represented Elkhorn Slough NERR: Steve Kimple I. CALL TO ORDER, ROLL CALL, INTRODUCTION OF NEW SANCTUARY SUPERINTENDENT, APPROVAL OF APRIL 4, 1997 MEETING MINUTES, ELECTION OF SAC SECRETARY AND VICE CHAIR, FAREWELL TO DEAN LEE, STEVE KIMPLE AND JANE DELAY A) Call to Order The meeting was called to order by the Chair, Karin Strasser Kauffman, at 9:07 AM. B) Welcome and Roll Call LCDR W. Dean Lee introduced Lieutenant Phyllis Blanton who will be replacing him on July 25, 1997. The Chair welcomed back Dave Danbom and Marc Del Piero, who had been absent due to illness. The Chair reported that she spoke with Diving Representative, Ed Cooper, who is in good spirits about his health. The Chair formally introduced the new MBNMS Superintendent, Carol Fairfield, who thanked everyone for their patience during the transition. She stated she is looking forward to meeting everyone individually and thanked the Council members for their time. She announced that she will be on site at the MBNMS office on July 14, 1997 and in the meantime will be working at the Sanctuaries and Reserves Division in Washington, D.C. Terry Jackson will remain on staff until October 1997, assisting Carol Fairfield and working on special projects. She complimented Terry on his contributions to the MBNMS. Carol Fairfield announced that Joanne Flanders was to represent the MBNMS at the Council meeting. Carol Fairfield called attention to an emerging issue: proposed low frequency sound (LFS) research within the boundaries of the Sanctuary. She also asked everyone to continue to identify issues and to think about where the MBNMS wants to go in the future; to make changes; and to broaden our focus of the National Marine Sanctuary Program. C) Approval of Previous Meeting Minutes The minutes from the April 4, 1997 meeting were approved as presented. D) Administrative Announcements The Chair previewed the proposed agenda and the information folders, referring to specific correspondence. Council members raised concerns regarding the utilization and role of the Cooperative Management Task Force. Carol Fairfield announced that she will resolve this issue when she arrives in July. The Chair encouraged the MBNMS to clarify the Task Force¹s role in assisting the MBNMS manager. Carol Fairfield read a letter from Stephanie Thornton regarding the status of the revised Charter. See Attachment A. Discussion ensued among Council members regarding the Enforcement Representative seat. Currently, Roy Torres serves as the Enforcement Representative and Tom Pedersen serves as the Alternate. However, due to time constraints, Roy Torres is unable to attend the Council meetings regularly. The Council explored ways to designate Tom Pedersen as the Enforcement Representative. A motion was made to have the Chair write a letter to the National Marine Fisheries Service requesting Tom Pedersen as the Enforcement Representative. The motion passed. E) Farewell to Steve Kimple and Dean Lee The Chair bade farewell to Steve Kimple who is retiring, and presented him with a plaque. Steve announced that Becky Christenson might be available to represent Elkhorn Slough until the replacement is named. The Chair bade farewell to LCDR W. Dean Lee who is being transferred to Virginia, and presented him with a plaque. F) Election of Council Secretary and Vice Chair Discussion ensued among Council members regarding officer elections. It may be a possibility to leave the current officers in their seats until April 1998. Council members suggested filling the present vacancies and letting the new appointees make decisions on officers. Steve Webster, Vice Chair, has served two consecutive terms and is not eligible for re- election. The Chair opened the floor to nominations for the office of Vice Chair. Thomas La Hue nominated Rachel Saunders and Dorris Welch seconded. The Council passed the nomination unanimously. Rachel Saunders was elected as Vice Chair as of June 6, 1997. The Chair informed Rachel that she would probably be conducting the October and December Council meetings. The Chair opened the floor to nominations for the office of Secretary. David Iverson was nominated and seconded. The motion passed unanimously to re-elect David Iverson as Secretary as of June 6, 1997. Discussion followed regarding upcoming Council re-appointments. Jane DeLay questioned whether or not the appointments could be delayed until January of 1998, with the voting of officers occurring at the April 1998 Council meeting. The Sanctuaries and Reserves Division is to resolve this question. The Chair suggested that the Council be informed as soon as possible so that vacancies can be advertised and filled in a timely manner. The Chair emphasized that decisions regarding the re-appointment process are not the responsibility of the Council but of the appointing authority. II. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA Marc Del Piero informed the Council about the University of California¹s Water Reuse Research Program located at California State University at Monterey Bay. The program is funded at $300,000 - $500,000 per year and will focus on water reclamation and desalination. Tami Grove introduced Dr. Charles Lester as the new District Manager of the California Coastal Commission¹s Central Coast District Office in Santa Cruz. III. DREDGING ISSUES IN SANTA CRUZ HARBOR Brian Foss, Santa Cruz Port Director, provided a presentation on dredging issues in Santa Cruz Harbor. During March 1997, maintenance dredging of the Santa Cruz Harbor entrance channel and disposal of the dredged material to Twin Lakes Beach caused odor problems associated with hydrogen sulfide in the dredge materials. At the last meeting of the Council on April 4, 1997 in Monterey, residents of Santa Cruz complained to the Council of the smell, the ugliness of the beach, and reported experiencing nausea and sore, watery eyes due to the dredge spoils disposed on the beach. Mr. Foss is requesting that the dredge line be moved from the mean high water line to surf line (50 feet offshore), which would solve the odor problems and serve beach replenishment purposes. According to Mr. Foss, prior to MBNMS designation, dredge materials were placed in the surf zone and he is requesting to return to these practices. Mr. Foss provided a slide presentation on Santa Cruz Harbor. Discussion ensued regarding the Council¹s role in this issue and whether the proposed disposal of dredge materials in the surf zone would actually nourish the beach. Mr. Foss claimed past studies have proven that past disposal in the surf zone did serve as a beach renourishment process. According to Patrick Cotter, MBNMS, the Sanctuary did not impose the regulation requiring the harbor to dispose of its dredge material above the mean high water line. The Central Coast Regional Water Quality Control Board set this condition in a Waste Discharge Requirement permit in 1988 (WDR). The WDR was effective prior to MBNMS designation. At this time, the Sanctuary is working with Mr. Foss and Federal and State agencies to explore solutions to the disposal issue and determine whether discharge below the mean high water line is permissible under the Sanctuary¹s regulations. Mr. Foss, together with Sanctuary staff, is reviewing historical files for information to document that the surf zone was approved for past dredging operations. If EPA approved the surf zone disposal site, in consultation with the Corps, this area may be eligible to be considered a disposal site that existed before the January 1, 1993 effective date of the Sanctuary¹s regulations. If this is the case, the Sanctuary may be able to grandfather the original disposal practices into their regulations. This decision will be coordinated with the Sanctuaries and Reserves Division and General Council. Mr. Cotter requested that the Council support the Sanctuary staff¹s efforts to assist Mr. Foss with the Santa Cruz Harbor dredging issues. Greg Cailliet made a motion that the Council support the Sanctuary staff in their efforts to gather background information and to assist Mr. Foss in returning to Santa Cruz Harbor¹s original disposal practices. The motion was seconded and passed. Tom La Hue abstained. Next meeting agenda item: Regional Water Quality Control Boards and the history of Santa Cruz Harbor dredge disposal practices. IV. UPDATE: PROPOSED UNDERWATER PARK Rachel Saunders reported on actions taken by the Monterey City Council regarding the proposed underwater park. The City Council of Monterey voted 4-1 to establish the Edward F. Ricketts Underwater Park. The Pacific Grove City Council will decide at a later date. The Monterey City Council¹s final decision prohibits spear fishing and restricts the take of kelp to harvesters from Monterey. The decision allows hook and line fishing from shore and skiffs, squid fishing, and scientific/educational collection if ³necessary.² ³Necessary² will be defined by an oversight committee comprised of approximately eight members -- a diver, a conservation person, a RAP member, a kayaker, a fisherman, and a few other interest groups. The following are the Center for Marine Conservation¹s objections to the decision: … the ³Park² established by Monterey falls short of the criteria and goals proposed by the Center for Marine Conservation for a marine reserve; … the adopted restrictions are limited, selective, inequitable and unjustified; they seem unlikely to accomplish the goals of the park; Monterey¹s unwillingness to ban other (all) fishing activities and kelp harvesting greatly undermines the protective needs of such a reserve; … it seems counterproductive and unfair to allow other forms (more destructive) of take while proposing a committee to review/regulate scientific and educational take; the Center for Marine Conservation recommended that scientific/educational take be reviewed and not given a blanket exemption, but this recommendation assumed that other forms of take would also be addressed; singling out scientific and research take for additional scrutiny, while exempting other likely more significant impacts makes no sense, cannot be justified, and should not be supported … the overwhelming percentage of people who testified supported a park which restricted take while allowing limited scientific/educational take; the Monterey City Council ignored this public input; … a ban on spearfishing does not make a ³Park²; the approved park is not what the Center for Marine Conservation supported, provides very limited protection, and is unlikely to achieve its goals; there is an opportunity to create a stronger reserve on the Pacific Grove side and compare it to the Monterey side through monitoring programs. Ruth Vreeland reported that the park will be reviewed in one year with the possibility of additional restrictions. Greg Cailliet expressed the Research Activity Panel¹s concerns regarding the underwater park. Primarily, the RAP disagrees with the decision to single out the research and education community to fall under an oversight committee. Secondly, if a park is going to be initiated, monitoring of all activities must be initiated. The RAP suggests a monitoring program with different restrictions for different areas. Discussion ensued about the feasibility of obtaining sufficient monitoring data within a year¹s time to make further decisions on regulations. A motion was made for the Council to send a letter to the Pacific Grove City Council modeled after Steve Webster¹s Coast Weekly article, recommending an extensive monitoring program for the underwater park. Send a copy of the letter to the Mayor of Monterey. The Motion was seconded and passed. Rachel agreed to draft the letter and fax it out to Council members. Discussion followed regarding the possibility of the working groups testifying at the Pacific Grove City Council meeting, however it was decided that individuals on the working groups may speak for their constituency and that the Council should speak with one voice. VI. VESSEL MANAGEMENT WORKSHOP UPDATE Joanne Flanders, MBNMS, presented an update on the Vessel Traffic Management Work Group which met for the first time on May 28, 1997 in Oakland, CA. The group consisted of nineteen stakeholders from industry, conservation and Federal and State government. The group discussed their interests and concerns about the work group¹s role and composition, and the workshop process. Presentations were made on the International Maritime Organization¹s (IMO) vessel management measures, measures within other national marine sanctuaries and the MBNMS; and on integrated coastal management techniques that will be used to help the group reach consensus on vessel management measures. The next meeting is scheduled for June 26, 1997 in San Francisco. David Iverson will attend the meeting in the Chair¹s place. David Iverson, who represented the Council at the May 28 workshop, expressed concern regarding the environmental impact criteria in the draft integrated coastal management matrices. Rachel Saunders presented some of the main issues of concern from the Center for Marine Conservation: … authority of work group and final recommendations; … willingness of the Coast Guard and other Federal agencies to champion vessel traffic routing measures before the IMO; … whether or not proper weight will be given to environmental considerations. Marc Del Piero brought up the issue of invasive species problems related to ballast water discharges. He suggested that there might be a legal mechanism for state agencies to limit or completely eliminate these discharges within state waters. August Agenda Item - Mechanisms to regulate ballast water discharges in state waters. VII. REPORT: MBNMS ENFORCEMENT FUNDS The Chair announced that a $650,000 donation to the Sanctuary Foundation was not able to be accepted by the Department of Commerce due to anonymous donor issue. The California Department of Fish and Game and the California Department of Parks and Recreation were able to pick up these funds in lieu of the Department of Commerce. Joanne Flanders emphasized that the funds will still be used to develop and maintain a cooperative enforcement program in Sanctuary waters. The Chair added that because of the anonymous donor issue, the Sanctuary lost a potential annual donor as well as other possible donors. VIII. OPTIONS FOR MBNMS SATELLITE OFFICES AT HALF MOON BAY, SANTA CRUZ AND CAMBRIA Council members expressed concern that the possible establishment of Sanctuary satellite offices might create a drain on MBNMS resources. Joanne Flanders gave a status report, emphasizing that no decisions had been made and that the Sanctuary staff is interested in Council input. Stephanie Thornton has directed MBNMS and GFNMS to open a joint office in Half Moon Bay. The MBNMS is also considering satellite locations at Santa Cruz and Cambria. The Council offered the following suggestions and concerns: … a need exists for a satellite office in San Mateo County; … avoid duplication of efforts of other agencies and organizations; … new offices would require increased funding of administrative activities; … spreading out staff at this point might create problems; … have MBNMS fund staffing at existing program offices, solving the problem of overhead; … take advantage of volunteers (the Chair cautioned the Council that volunteers would require costs of staffing and oversight). The Chair expressed concern that the MBNMS program might not be strong enough at this point to take on the responsibility of satellite offices. She suggested the Sanctuary resist efforts to open satellite offices at this time. IX. DISCUSSION: SAC BUDGET - IDENTIFY COSTS AND DETERMINE SAC BUDGET PRIORITIES The Chair opened by remarking that she would like the Council to be more active in reviewing the Sanctuary budget and that priorities could be knowledgeably discussed. Joanne Flanders discussed the Council budget for the fiscal year 1997. DRAFT Budget Estimate for Expenses Incurred FY 97 (October 1, 1996 - September 30, 1997) Administrative Support - SAC Coordinator $42,000.00 Meeting costs - Refreshments (Average of $325 per meeting @ 9 Meetings) 2,925.00 Rents and day use charges for SAC meetings 125.00 Workshop costs - refreshments and facilitator (one workshop) 650.00 Receptions and Special Meetings (Oct. Œ96; April Œ97; and Sept. Œ97) 1350.00 KINKOS Copying costs for meeting materials (9 meetings) 1,000.00 Postage costs (9 meetings) 1,400.00 (EST) Letterhead 650.00 Travel expenses: --- MBNMS Staff travel 400.00 (EST) --- Karin¹s travel 1,500.00 --- SAC Member travel 250.00 (EST) Misc. supplies (i.e., nametags, name plates, plaques, etc.) 350.00 (EST) Subtotal with salary $53,385.00 The budget includes Council member travel costs to Council meetings. The Chair expressed her support for the inclusion of travel costs. The Chair questioned whether printing costs should fall under the Council¹s budget. The Council discussed ways of reducing the use of paper, such as double-siding Council correspondence and utilizing e-mail. The Chair suggested looking at reducing paper and printing costs for conservation reasons. The Chair stated she would like the Council to be given figures for the MBNMS budget. X. SANCTUARY MANAGERS¹ REPORT Joanne Flanders provided a verbal and written report on MBNMS activities. See Attachment B. Ed Ueber provided a verbal report of activities from the Gulf of the Farallones National Marine Sanctuary office. Highlights included: … Update on the Great American Fish Count; … 1988 is the United Nation¹s ³Year of the Ocean²; … Volunteer Appreciation Evening with award presentations; … Update on the Golden Gate Biosphere Reserve; … A new administrative assistant, Julia Roy, has been hired. Council members suggested that a request be made to include the northern portion of MBNMS in the U.S. Man and the Biosphere Program. Following the managers¹ reports, the Chair bade farewell to Jane DeLay, Advisory Council Coordinator, and presented her with a plaque and gifts from the Council. XI. DISCUSSION: OPTIONS OF MBNMS 5TH ANNIVERSARY CELEBRATION Liz Love, MBNMS, presented an update on planning for the Sanctuary¹s Fifth Anniversary Celebrations. The first celebration will take place in Monterey on September 14, 1997 from 10:00 a.m. - 4:00 p.m., in front of Monterey Bay Aquarium and along Cannery. The second celebration will take place in Santa Cruz on September 20, 1997 from 11:00 a.m. - 5:00 p.m. at the Santa Cruz Wharf, in conjunction with the Shark Festival. Liz Love announced that she is looking for ideas for sponsors of the Celebration and requested ideas from the Council. Ginger Hopkins, from Monterey Bay Aquarium, reported on her activities relating to the Monterey celebration. Cannery Row will be closed to allow pedestrian traffic only. She is hoping Cannery Row merchants will join in the celebration. Jenny Carless presented a list of items to be included in the Fifth Anniversary newsletter and requested further ideas from the Council. The Chair requested the MBNMS consider ways that Council members can be visibly active in the celebrations. XII. REPORT: SAC STRATEGIC PLANNING SUBCOMMITTEE Tami Grove reported on the Subcommittee¹s June 5, 1997 meeting. The following issues were discussed at the meeting: … the creation of an annual calendar for the Council; see Attachment C; … adjustments to the Council Annual Report to include a strategic plan, i.e. where the Council has been and where the Council is going; … increased Council exchange with the MBNMS manager and some staff; consideration of a Council retreat in Cambria on the evening of July 31, 1997. Discussion followed on the potential for a retreat the night prior to the August 1, 1997 Council meeting. Tami Grove agreed to develop a plan for the evening. The Council concurred that the evening of July 31, 1997 would be a good time to hold a Council retreat. XIII. REPORT: LEGISLATIVE TASK FORCE Steve Webster reported that there currently is a flurry of legislative actions of concern to the MBNMS. See Attachment D. Steve Webster announced that he will serve as a point person for the Council regarding legislative actions and requested that the Sanctuary appoint a staff person to serve to keep abreast and informed about statewide legislation. However, this staff person cannot distribute information nor advise on statewide legislative activity. At this time, John Robinson, MBNMS, will serve as the Sanctuary¹s point person. Rachel Saunders presented letters she drafted supporting State Assembly budget funding for coastal protection. See Attachment E. A motion was made to have the Council fax Rachel Saunder¹s draft letters, with amendments, to Senator Thompson and Assemblymember Ducheny. Motions was seconded and passed with abstentions from Tami Grove and Brian Baird. John Robinson reported that the boundaries of the Hawaiian Islands Humpback National Marine Sanctuary have been approved by the Governor of Hawaii. XIV. REPORT: WQPP Tami Grove gave a verbal report on the recent activities of the Water Quality Protection Program (WQPP). A written copy of the report is attached. See Attachment F. Greg Cailliet requested information on the financial contributions of the twenty-seven signatory agencies of the WQPP. XV. STATUS REPORT: KELP HARVESTING COOPERATIVE: WHERE IT STANDS NOW? Joe Cavanaugh, Monterey Abalone Company, gave a presentation on the status of the Monterey Bay Kelp Harvesting Cooperative. Six Monterey Bay area businesses utilizing kelp have formed this cooperative and are as follows: Pacific Mariculture, Grillo Enterprises, California Kelp Company, Pacific Abalone Farms, US Abalone, and Monterey Abalone Company. At this time, the Cooperative¹s charter has been drafted, with assistance by MBNMS staff, and addresses Bed 220. The Cooperative includes a 3-member Board of Governors consisting of a kelp harvester¹s representative, a management representative (California Department of Fish and Game), and a scientist appointed by MBNMS in cooperation with the cities of Pacific Grove and Monterey. The proposed powers of the Board of Governors include the establishment of regulations based on sustainable yields (an annual kelp harvesting plan limiting take to sustainable yields with any necessary mid-year adjustments) and the sponsorship of kelp enhancement programs. Mr. Cavanaugh requested assistance from MBNMS staff in the following areas: appointment of a qualified kelp ecologist to the Board of Governors; cooperation in the use of aerial photography to help document and manage the health of the kelp bed; organization of a committee to investigate the feasibility of kelp a enhancement project along Del Monte Beach. Council members discussed the following issues: … the possibility of Dr. Mike Foster as the appointee for the scientist position on the Board; … accuracy of kelp take data; … aerial photography … legality of the Monterey City Council¹s decision to limit the number of kelp harvesters within the Edward Ricketts Underwater Park The Chair requested of Joe Cavanaugh that a Kelp Cooperative Memorandum of Understanding be scheduled for review at the October Council meeting. Mr. Cavanaugh agreed to bring a signed-off document to that session. Art Seavay, Monterey Abalone Company discussed the possibility of a kelp enhancement program in which kelp would be transplanted to a shale reef off Del Monte beach. Improved substrate, such as granite or long lines, would be utilized for the attachment of the kelp. Mr. Seavay requested assistance from MBNMS in assessing whether supports exists for this particular effort. Council members questioned the cost-effectiveness of this program against the growing of alternate food sources for abalone. Gary Russell, Pacific Abalone Farms, addressed the issue of alternate food sources, stating that as of yet, there is no artificial food that works. According to Mr. Russell, kelp enhancement is a proactive approach that would benefit divers, kayakers and fish. Mr. Russell assured Council members that an over-abundance of abalone farms would not occur due to the difficulty of maintaining a successful abalone farming business. XVI. PRESENTATION: AQUACULTURE PRACTICES AND ISSUES IN AND AROUND THE MBNMS Dr. Dave Ebert, US Abalone, provided a presentation on the global and local history of aquaculture and the present and future situations of aquaculture business. See Attachment G. A video on US Abalone is also available at the Sanctuary office. Currently there are sixteen registered and fully operational abalone farms in the State of California. Five of these are land-based. Dr. Ebert summarized the challenges in starting up an abalone farming business: … limitations on suitable sites … locating areas of good water quality … obtaining substantial capital … obtaining necessary permits … lack of technical expertise XVII. SEA-LION/SALMON INTERACTION: ISSUES AND SOLUTIONS Russell Colwell, Fishermen¹s Alliance Monterey Bay, provided a presentation on the interactions of sea lions and salmon. Mr. Colwell believes there is an ecological imbalance between sea lions and salmon and that research is necessary to determine whether the California sea lion population is having a detrimental effect on Steelhead and salmon. Mr. Colwell gave a slide demonstration which documented markings on salmon and Steelhead which the Fishermen¹s Alliance believes is a result of attacks by sea lions and harbor seals. Volunteers began measuring these marks this year. Mr. Colwell suggested possible solutions as sterilization and the permission for fishermen to deter sea lions from their boats by lethal means. Discussion followed among Council members regarding the power of the Council to address this issue. Council members suggested that they assist in making the issue public knowledge. A motion was made for the Council to write a letter to the appropriate Federal official expressing their interest in the issue and requesting information and updates on sea lion/salmon interactions. The motion seconded and passed. Greg Cailliet abstained. Mr. Russell announced the issue of sea lions and salmon will be incorporated into a pull- out Forum at the upcoming National meeting of the American Fisheries Society in Monterey. The Forum is scheduled for the evening of August 28, 1997. The MBNMS and NMFS are signed on as official sponsors of the event. XVIII. ANNOUNCEMENTS Joanne Flanders announced that Bud Laurent, San Luis Obispo County Supervisor, is holding a meeting on June 18, 1997 to develop an elephant seal docent program. Steve Webster announced upcoming release of the Aquarium¹s new book ³A Natural History of the Monterey Bay National Marine Sanctuary.² (Update: the book is scheduled to arrive on the Monterey Bay Aquarium Bookstore shelves by the end of July 1997.) The meeting adjourned at 4:40 PM. Respectfully submitted, Lisa Ziobro MBNMS Advisory Council Coordinator enc.: Letter from Stephanie Thornton MBNMS Manager¹s Report Council Annual Calendar Legislative Activity Draft Letters to Senator Thompson and Assemblymember Ducheny WQPP Report Aquaculture Presentation Sanctuary Advisory Council Meeting 6/6/97 FINAL Minutes 8