MONTEREY BAY NATIONAL MARINE SANCTUARY
ADVISORY COUNCIL

DRAFT Meeting Minutes
December 5, 1997
The Presidio
San Francisco

The Monterey Bay National Marine Sanctuary (MBNMS) Advisory Council met on 
Friday, December 5, 1997 at the Presidio¹s Visitor Center Conference Room in San 
Francisco, California.  Public categories and government agencies were present as 
indicated:

Agriculture:  Richard Nutter
Diving:  VACANT

AMBAG:  Katherine Beiers - NOT PRESENT
Education:  Dorris Welch - NOT PRESENT

At Large:  Karin Strasser Kauffman, Chair -
                  NOT PRESENT
Enforcement:  Tom Pedersen

At Large:  Steve Webster
Fishing:  Dave Danbom

At Large:  David Iverson
Ports & Harbors:  Joe Townsend - NOT 
PRESENT

Business & Industry:  Steve Abbott
Recreation:  Tom La Hue - NOT PRESENT

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:  Lt. Phyllis Blanton - NOT

Conservation:  Rachel Saunders
                                PRESENT


The following non-voting members were present as indicated:

Monterey Bay NMS:  Joanne Flanders
Gulf of the Farallones NMS and Cordell Bank NMS:  Ed Ueber
Channel Islands NMS:  Ed Cassano - NOT PRESENT
Elkhorn Slough NERR:  Becky Christensen - NOT PRESENT

I.	CALL TO ORDER, ROLL CALL, INTRODUCTION OF NEW
	SANCTUARY SUPERINTENDENT, APPROVAL OF
	AUGUST 1, 1997 DRAFT MEETING MINUTES,
	REVIEW OF CORRESPONDENCE

A)	Call to Order

The meeting was called to order by the Rachel Saunders (Vice Chair, filling in for the 
Chair), at 9:50 a.m.

B)	Welcome and Roll Call

The Chair welcomed the new Sanctuary Superintendent, Bill Douros, Council members, 
and the public to the Presidio.  Dave Iverson conducted the roll call.

C)	Introduction of New Sanctuary Superintendent

Bill Douros, recently named the new MBNMS Superintendent, provided the Council with 
a brief background about himself.  See Attachment A.  He expressed his excitement 
about the MBNMS Program, and in taking on his new position.  He is officially starting 
on January 20, 1998.

D)	Approval of Previous Meeting Minutes

The minutes from the October 3, 1997 meeting were approved as presented.

E)	Review of Correspondence

The Chair reviewed Council correspondence written since the last Council meeting, 
including Dave Iverson¹s resignation letter.  Dave explained the difficulty he had in 
making his decision to leave the Council, but he has decided to focus his time on Half 
Moon Bay interests.  He stated his admiration of the Council¹s accomplishments, and 
plans to continue as an ³ambassador² of the Sanctuary.

II.	PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA

Zeke Grader - Pacific Coast Federation of Fishermen¹s Associations expressed his 
concern regarding the recent articles in the Monterey County Herald.  See Attachment B.  
He fears this type of publicity threatens the Sanctuary and its programs and believes 
corrective actions need to be taken.  He stated that fishermen supported the 
establishment of the Sanctuary based on the belief that it would never regulate fisheries, 
but rather would serve to bring fishing issues to the appropriate management authority. 
He is also concerned about the new ³hot² topic of no-take zones.  In order to maintain 
Sanctuary support, Mr. Grader believes Sanctuary management needs to clarify to the 
public that a ³reserve² is defined differently than a ³sanctuary², and that the two are 
separate.

Brian Baird agreed that there is a need to clarify definitions of marine protected areas 
versus marine managed areas.

Dave Danbom explained his reasons for responding to the article:  his constituency came 
to him very concerned about the threat of fishing regulations.

Discussion ensued among Council members regarding the lack of control over the press.

The Council agreed that it should jointly sign a editorial response with the Sanctuary on 
the recent articles.   Joanne Flanders stated that she will be circulating a draft response 
to Council members.

Dave Zaches - Save Our Shores stated that the Sanctuary needs to avoid negative 
messages, such as enforcement messages.  Tom Pedersen replied by explaining that the 
goal is voluntary compliance, however, there are cases where people ignore regulations, 
and in these cases publishing the fact that enforcement does exist serves to turn away 
possible offenders.

III.	SANCTUARY MANAGERS¹ REPORTS

Joanne Flanders provided a verbal and written report on MBNMS activities.  See 
Attachment C.

Ed Ueber provided a verbal report on GFNMS/CBNMS activities.  Highlights included:

… Ed was selected to review the Elkhorn Slough NERR manager candidates;
… GFNMS has been responding to mystery oil spills that began on November 16, 1997.  
No one has been able to identify the source of the oil, which has been typed as an 
unknown crude formation (not Monterey crude).  Five hundred dead oiled birds have 
been recovered, 140 live.  The majority of the birds are murres and grebes.  The 
second spill occurred on November 21, 1997 of identical type.  Beach Watch is still 
recovering live birds from this spill.  Beach Watch will be conducting eighteen beach 
surveys this weekend.  It appears that a third spill has occurred.  OSPR does not 
believe these spills are a result of a natural seep, and believes it is highly unlikely 
that the spills are a result of vessel discharges;
… Ed will be getting back to work on the Cooperative Management MOU in January;
… Ed welcomed everyone to visit the GFNMS offices;
… Ed thanked the San Mateo Harbor Commission and AMBAG for their 
recommendations for the award he received from NOAA.

IV.	ANNUAL IN-DEPTH REPORT:  WATER QUALITY
	PROTECTION PROGRAM

Holly Price, MBNMS staff, gave a presentation on the Water Quality Protection Program 
(WQPP) for the Sanctuary.

The goal of the WQPP is to enhance and protect the physical, chemical and biological 
conditions of the Sanctuary and its watersheds, and to establish collaborative efforts 
which can help integrate existing water quality programs and plans.  Holly reviewed the 
WQPP¹s participating organizations and explained that the WQPP takes a stewardship 
approach, as opposed to traditional approaches, by involving stakeholders from the 
onset.

Holly presented an overview the WQPP¹s past year¹s work, indicating that the work is a 
team effort among Sanctuary¹s WQPP staff and committee participants in various 
agencies, nonprofit and stakeholder groups.  See Attachment D.  Highlights included:

… Education/outreach efforts, including brochures, citizen¹s guides, newsletters, 
presentations, watershed models and displays, videos, teacher training and 
establishment of Watershed Educators Panel to coordinate activities.
… Development of a model urban runoff program in collaboration with CCC and the 
cities, with the Sanctuary responsible for the education component
… Development of oil disposal facilities at the harbors, in collaboration with the 
harbors and SOS
… Collaborative development of new grant funding to carry out the plans, including 
funding for education, urban runoff, monitoring efforts, marinas recycling facilities, 
and regulatory coordination/streamlining for agriculture
… Completion of a draft of 40 potential agricultural strategies, and sponsorship of 3 
agricultural workshops to evaluate and prioritize strategies in Watsonville, Salinas 
and Half Moon Bay.  The strategies focus on non-regulatory solutions, including 
education, technical assistance, development of economic incentives, and regulatory 
coordination/streamlining for growers wishing to adopt conservation practices.
… Completion of a draft document for a Water Quality Coordinating Council which 
will be an evolution/replacement of the WQPP¹s existing committees to ensure 
ongoing implementation of the plans.

Holly indicated that although the agricultural workshops in Watsonville and Half Moon 
Bay went fairly well, there was organized opposition from the Monterey County Farm 
Bureau at the workshop in Salinas.  Concerns expressed from agriculture at the Salinas 
workshop included fears that the effort might become regulatory in the future, and 
concerns over the validity of the existing monitoring data.  Dick Nutter indicated that 
specific problem areas should be identified before instituting changes, and the Sanctuary 
should not take a regulatory approach to these issues.

Eric Nigg gave a presentation on water quality issues related to agriculture based on 
data from existing monitoring programs conducted by various agencies.  Water quality 
issues include:

… sedimentation - streambed smothering of anadromous fishery spawning grounds, 
transport of persistent pesticides, erosion of streambanks, decreased water clarity, 
changing temperature and oxygen concentration; increased dredging costs;
… Nutrients -high levels in Watsonville Sloughs, Salinas River and Elkhorn Sloughs 
… Persistent pesticides present in coastal lagoons and wetlands which are being 
transported with sediment

Dick Nutter raised concerns re the validity of some of the data presented and the extent 
of the problems.  It was agreed to discuss the data in more detail in a smaller group 
meeting with the Monterey County Farm Bureau.

Holly reviewed funding for the WQPP, outlining the leverage that NOAA is receiving 
from its financial contribution due to the contributions of other participants and the 
ability of the program to attract additional revenue to carry out the plans:

FY 1997

… 375K - Approved grants/other agencies allocations
… 118K - Agency and community contributions (time)
… 131K - MBNMS (updated number)

FY 1998

… 121K - MBNMS (updated number)
… 118K - Agency and community contributions (time)
… 362K - Grants - approved funding
… 500K - Grants submitted

Various Council members commended the work of the WQPP in conducting education 
and outreach, completing plans, attracting resources to carry out plans, and getting 
implementation underway.

V.	REPORT: VESSEL TRAFFIC WORK GROUP MEETING 

Holly Price, MBNMS staff, reported on the October meeting of the Vessel Traffic Work 
Group.  The workshop focused on strategies for managing vessel traffic, and various 
minimum distance options are being considered for vessel traffic.  Current practice 
among some large container vessels is to travel as close as two miles from shore.

Holly and Joanne Flanders traveled to Washington D.C. in early November to meet with 
officials from Sanctuary and Coast Guard headquarters to brief them on the Vessel 
Traffic Work Group¹s progress to date.  The list of strategies were also presented to 
NOAA and Coast Guard lawyers familiar with the dynamics of the International 
Maritime Organization (IMO).  The lawyers commented on which strategies would have 
a better chance of being approved by IMO.  Recommended routes (minimum distance 
offshore for various classes of vessels) was considered a feasible strategy.  The next 
meeting of the work group is scheduled for December 10, 1997.

Dave Iverson emphasized that this has been a slow process, but that the meeting in 
Washington D.C. generated encouraging results.  He commended the work of the 
environmental groups with this issue.

VI.	PRESENTATION: THE RULEMAKING PROCESS TO
	REGULATE KELP HARVESTING

Aaron King, MBNMS staff, provided a verbal and written report on the potential for 
Sanctuary regulation of kelp harvesting.  He provided an overview of the user group 
conflict involving the kelp bed off Cannery Row.  He emphasized that Sanctuary prefers 
the establishment of a voluntary cooperative, instead of  beginning a rulemaking process.  
However, the regulation of kelp and aquaculture is in the Sanctuary¹s scope of 
regulations.  See Attachment E.

Brian Baird suggested the addition of a cover page to the written report, clarifying that 
the report serves as an informational item, and that a rulemaking on kelp harvesting is 
not being considered at this time.  Steve Webster confirmed this.  Aaron agreed to write 
a cover memo.

VII.	PRESENTATION: MONTEREY KELP HARVESTER¹S COOPERATIVE

Joseph Cavanaugh, Monterey Abalone Company, announced that the kelp harvesters 
have not been able to produce a single signed cooperative and at this time two separate 
cooperatives have been produced and signed by the six harvesters.  He explained that 
the City of Monterey¹s decision to name three Monterey harvesters who are permitted to 
harvest kelp in the Edward Ricketts Underwater Park has created the dilemma.  Dave 
Ebert, US Abalone, agreed.

Tom Pedersen explained that the State preempts the City¹s decision and that the 
California Department of Fish and Game has not recognized any city ordinances in 
regard to public resources.  He advised Mr. Cavanaugh and Dr. Ebert to go forward 
with forming a unified cooperative and to address themselves in the light of the current 
law.

Mr. Cavanaugh and Dr. Ebert agreed to keep the Council informed of their progress.

VII.	REPORT:  THE NON-PETROLEUM OIL MYSTERY SPILL

Patrick Cotter, MBNMS, gave a report on the Non-Petroleum Oil Mystery Spill which 
occurred on Friday, October 24, 1997 at Sunset Beach.  The beach was quarantined and 
four local fire departments responded.  Initial results indicated that the spill was 
sardine oil.  Birds continued to wash ashore, with numbers reaching 400 during a week¹s 
time. Three hundred fifty volunteers cycled through the Oiled Wildlife Veterinary Care 
and Research Center in Santa Cruz.  Two labs are disagreeing on whether the spill was 
sardine oil or vegetable oil.  At this point, there is no responsible party.  The Center took 
in a total of 500 birds.  Approximately one third died and one third were euthanized.  
As of November 15, 1997, 214 birds have been released. The top three species brought in 
were western grebes, common loons, and surf scoters.  Lessons learned from the spill 
include the need for improvement in the following areas:

… beach assessment process
… tracking time and expenses
… volunteer health and safety procedures
… preparation in the event of larger spills
… representation of volunteer response groups on the CWG
… volunteer numbers

VIII.	CONSTITUENT REPORTS

Dick Nutter - Agriculture

Dick provided a report on the agriculture community.  He explained that the community 
is made up of different commodity groups, not all of whom are aligned or agree on 
agricultural issues.  Dick is in touch with all agricultural commissioners, as well as 
CAEPA, USDA, and the USEPA.  Dick suggested that the Sanctuary be specific when 
working with the agricultural community, explaining that there is a system of how a 
commodity is marketed and sold, and that this needs to be considered.  He indicated 
that the Sanctuary needed to understand the details of the agricultural community and 
to be more flexible and patient in dealing with their concerns.

Steve Webster - At-Large

Steve provided a report on his activities at the Monterey Bay Aquarium.  According to 
Steve, the Aquarium has taken on a conservationist mission.  Steve also has been 
involved with current legislation, such as the Keeley Bill, and has been working with the 
Cities of Monterey and Pacific Grove on the proposed underwater park.  He stated that 
the Aquarium doesn¹t hear much about the Sanctuary from its public and that this is 
probably indicative of a problem.

IX.	REVIEW: DRAFT SAC INTERIM ANNUAL REPORT

The Chair presented the draft Council Interim Annual Report and requested that Council 
comments be sent to Lisa de Marignac.  The Council should be ready to vote on the 
report at the February meeting.

X.	PRESENTATION:  SANCTUARY SPONSORSHIP PROGRAM

Aaron King, MBNMS staff, gave a presentation on the Sanctuary¹s new Sponsorship 
Program.  A Sanctuary Sponsor would be a person or organization interested in making 
a financial donation to the Sanctuary.  In return, they would be given a logo and would 
be able to call themselves an official sponsor.  Aaron reviewed the criteria, review and 
acceptance process.  See Attachment F.

Aaron explained that the Sanctuary Seal Program will reward ³clean businesses.²  A 
sponsorship could result from a ³sealed² business.

Council members expressed concerns regarding the use of donations, the lack of an 
established percentage that would go through headquarters, and what exactly the money 
is supporting.  They advised making the donation process as easy as possible, including 
the renewal of donations.  Greg Cailliet disapproved of the ³donations amount² section.

Concerns were also raised about the number of programs relating to ³seals² and 
³sponsorships², and how they interrelate.  There was also concern there might be 
confusion that ³seal² is referring to the pinniped.

Steve Webster and Rachel Saunders suggested that the Business and Tourism Activity 
Panel become involved with these programs and that Sanctuary staff get some input 
from a professional fundraiser.  Ed Brown suggested that the Sanctuary staff consider a 
comprehensive program.

XI.	DISCUSSION: SAC RECOMMENDATIONS FOR
	MBNMS PUBLIC RELATIONS

The Chair reviewed the already proposed recommendations made by the Strategic 
Planning Task Force and the Council made additional suggestions:

… contact FKNMS Public Relations staff;
… soapbox pieces/ editorial pieces
… promote the side-scan sonar work done by Mary Yoklavich on the MacArthur;
… look at the guidelines set at the Public Relation workshop in 1996.

Discussion ensued regarding the recent articles in the Monterey County Herald.  Steve 
Scheiblauer requested a rebuttal piece by the Sanctuary that he could place in his 
newsletter.  Once again, Sanctuary staff agreed to draft one editorial, by the Sanctuary 
and the Council.

XII.	DISCUSSION: SAC INVOLVEMENT IN CURRENTS CONFERENCE

The Chair encouraged participation by Council members in the Sanctuary Currents 
Conference scheduled for March 7, 1998.

XIII.	REPORT: UPDATED ANNUAL SAC PRIORITIES

The Chair put this item on hold until the new Superintendent and Council members come 
on board at the February meeting.  She emphasized that the overarching priority has 
always been public relations.

XIV.	REPORT: RAP

Greg Cailliet provided verbal and written report on the activities of the RAP.  The 
meetings have averaged an attendance of fifteen members and twelve guests.  See 
Attachment G.

XV.	DISCUSSION:  MAN-MADE SOUND BIBLIOGRAPHY

The Council commended Michele Jacobi for her work on the Man-Made Sound 
Bibliography.  The Chair suggested that the Council consider next steps, keeping 
priorities in perspective.

XVI.	ANNOUNCEMENTS FROM COUNCIL MEMBERS

Dave Danbom announced that there could be positive results from the Herald articles, 
such as bring the Council closer together.  He also announced that the sardine fishery has 
developed incredibly efficient fishing methods with very little bycatch.

Brian Baird announced that the governor delivered an executive order governing ocean 
issues which adopts the goals from the Ocean Agenda.  Fifteen out of twenty-one ocean 
and coastal related bills made it through the flotilla and were signed.  He discussed the 
lecture given by Dr. Ballantine from New Zealand about marine reserves.

Steve Abbot announced that the Moss Landing Power Plant has been sold by PG&E to 
Duke Energy Power Services, who are scheduled to take over March 31, 1998.

Ed Brown announced that Stillwater Cove continues to be used for research.

Dave Iverson stated that San Mateo is still an outpost in the Sanctuary and needs 
increased outreach.

Rachel Saunders announced that BAY NET had a graduation in Cambria on November 
23.  Thirty people were trained and began work Thanksgiving weekend.

The meeting adjourned at 4:45 p.m.


Respectfully submitted,



Lisa de Marignac
MBNMS Advisory Council Coordinator

ENC
William Douros Curriculum Vitae
Monterey County Herald Articles
MBNMS Manager Report
WQPP Report
Kelp Harvesting Report
MBNMS Sponsorship Program Report
RAP Report
SEP Report

Sanctuary Advisory Council Meeting 12/5/97		FINAL Minutes




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