MONTEREY BAY NATIONAL MARINE SANCTUARY
ADVISORY COUNCIL

FINAL
Meeting Minutes
August 6, 1999
Cambria Pines Lodge
Cambria

The Monterey Bay National Marine Sanctuary (MBNMS) Advisory Council met on 
Friday, August 6, 1999 at the Cambria Pines Lodge in Cambria.  Public categories and 
government agencies were present as indicated:

Agriculture: Richard Nutter
Diving: Ed Cooper
AMBAG: Stephanie Harlan
Education: Patricia Clark-Gray
At Large: Steve Webster - ABSENT
Enforcement: Doug Huckins
At Large: Karin Strasser Kauffman
Fishing: Dave Danbom
At Large: Chet Forrest
Ports & Harbors: Steve Scheiblauer/Jim Stilwell
Business & Industry: Steve Abbott
Recreation: Sally Smith
CA EPA: VACANT
Research: Gregor Cailliet
CA Coastal Commission: Tami Grove
Tourism: Ed Brown
CA Resources Agency: Brian Baird
U.S. Coast Guard: LCDR Phyllis Blanton
Conservation: Vicki Nichols

The following non-voting members were present as indicated:

Monterey Bay NMS: William Douros
Gulf of the Farallones NMS and Cordell Bank NMS: Ed Ueber
Channel Islands NMS: Ed Cassano
Elkhorn Slough NERR: Becky Christensen - ABSENT

I.	CALL TO ORDER, ROLL CALL, SWEARING-IN AND
	INTRODUCTION OF NEW MEMBER, WELCOMING
	REMARKS, APPROVAL OF JUNE 4, 1999 DRAFT 
	MEETING MINUTES, REVIEW OF CORRESPONDENCE

A)	Call to Order and Roll Call

The meeting was called to order by the Acting Chair, Steve Abbott, at 9:30 a.m.  Ed 
Brown conducted the roll call - a quorum was present.

B)	Swearing-in and Introduction of New Member

William Douros conducted the swearing-in of the Advisory Council's new AMBAG 
representative, Stephanie Harlan.  Stephanie has served as the Chair of the Sanctuary's 
Santa Cruz Interagency Task Force for several years; she is also a Capitola City Council 
member.

C)	Welcoming Remarks

San Luis Obispo County Supervisor Shirley Bianchi welcomed the Advisory Council to 
Cambria, and expressed her support for the Sanctuary program and for expanding 
existing Sanctuary boundaries to include the coastline off San Luis Obispo County.

D)	Approval of Meeting Minutes

The minutes from the June 4, 1999 Advisory Council meeting were approved as 
presented.

E)	Review of Correspondence

The Acting Chair passed around the sign-up folder for Advisory Council 
correspondence written since the last Council meeting.  Bill Douros provided a brief 
overview of the meeting folder materials, emphasizing his memo regarding important 
Sanctuary documents all Advisory Council members should keep in their handbooks 
for reference.

II.	PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA

Anne MacMahon, District Representative for Lois Capps, extended her welcome to the 
Advisory Council on behalf of Lois Capps.  Ms. MacMahon discussed Lois' 
involvement in the California Sanctuaries boundaries issue and her deep appreciation 
of the National Marine Sanctuary Program.

Bill Warren, Cambria resident, expressed his support for the extension of the MBNMS 
boundary down the Santa Barbara County line.

Bill Allen, North Coast Alliance, stated that he supported the establishment of a new 
Sanctuary off San Luis Obispo County and that the extension of current Sanctuary 
boundaries (CINMS or MBNMS) is not a good alternative due to ecological differences 
along the coast.  He urged the public to write letters in support of increasing the NMS 
budget.

Wayne Ryburn, Cambria Forum, expressed his support for extending the existing 
Sanctuaries' boundaries to include the waters off San Luis Obispo County.

Richard Youngman, Cambria resident, expressed his support for the establishment of a 
new central coast Sanctuary.

Steve Bitto, Cambria resident, expressed his concern about the environmental impacts 
of the local live fish fishery.

Kat McConnell expressed her concerns regarding water quality and underwater cables.  
She expressed her support for the extension of the Sanctuaries' boundaries.

Jim Adams expressed his support for Steve Bitto's comments regarding the live fish 
fishery as well as his support for the commercial fishing industry.  Mr. Adams stated 
that the live fish fishery needs to be regulated and that existing regulations need to be 
enforced.

Doug Huckins provided a brief update on CA Fish and Game activities regarding the 
live fish fishery.

Discussion ensued among the public and Council members regarding the live fish 
fishery.

Mike Armenta, live fish fisherman, expressed his concern about heavy regulation and 
stated that the fishery as a whole is not irresponsible.

Gene Valdemi, expressed his concern about the impacts to salmon from development 
along the Santa Rosa Creek.

Bill Douros responded to public comments regarding the extension of the MBNMS 
boundaries, clarifying that the Sanctuary is not undergoing its management plan review 
and therefore is not considering the extension of its boundaries at this time.  Ed 
Cassano reviewed the CINMS' existing management plan review process; and clarified 
that neither the extension of CINMS' boundaries, nor the establishment of a new 
Sanctuary, would affect existing oil and gas leases off the San Luis Obispo County 
coast.  Karin Strasser Kauffman expressed her support for Advisory Council action 
regarding the undeveloped oil and gas leases.

III.	WORKSHOP:  FIBEROPTIC CABLES

Bill Douros opened the topic by reviewing the Council's retreat where it identified 
fiberoptic cables as a top priority for the next year.  Bill provided an overview of the 
proposed cable projects.  Currently, there are two proposed cable projects that involve 
installation within the MBNMS.  

The proposed MFS Globenet Fiber Optic Cable Project involves installation of 58.5 miles 
of submarine cables within the Sanctuary's boundaries, and would link New Zealand to 
Hawaii and the continental U.S.  This seaward component of the project includes two 
directionally bored conduits--extending from shore approximately 950 meters out to 
sea to a water depth of 15 meters--and one two-inch diameter submarine cable 
extending from one of the conduits to the deep ocean.  The offshore cable would extend 
along the submarine ridge to the western boundary of the Sanctuary.

The cable may be buried in two ways.  Where feasible, an underwater plow deployed 
from the cable ship would bury the cable by cutting a narrow slot for the cable, which 
would result in a seabed disturbance of about .75 meter in width, according to 
Globenet.  In sensitive areas, or areas where the plow cannot operate safely, the cable 
would be laid directly on the sea floor and buried using a post lay jetting system in 
which a remotely operated vehicle (ROV) would jet the cable into the sediment.  
Globenet estimates seabed disturbance from this burial method to be about 2 meters 
wide.  The cable is proposed to land onshore in Santa Cruz County at the Monterey Bay 
Academy approximately two miles south of La Selva Beach.

Bill listed several environmental concerns regarding this proposed project:

… impacts to soft-bottom benthic habitats from construction
… impacts to kelp beds
… impacts to hard-bottom habitats
… impacts to commercial fishing industry during and after construction
… impacts to underwater cultural resources
… technical feasibility of burying cable to 2000 meters
… impacts from "strumming" of unburied cables
… potential entanglement of whales in loose cable
… cumulative impacts from increasing permit requests for underwater cable projects
… nature and impact of repair activities
… need for reasonable alternatives

The permit process for this proposed project began a year ago.  The Sanctuary has 
received a written request for authorization of this project.  The Sanctuary and the 
County of Santa Cruz (lead agency for the State of California) are collaborating to 
prepare a joint EIR/EIS to assess the impacts of the proposed project.  The County of 
Santa Cruz issued a Notice of Preparation (NOP) of an EIR for the project on March 
29, 1999 in accordance with the CA Environmental Quality Act (CEQA), the Sanctuary 
provided written comments on the NOP, including a recommendation that State and 
Federal environmental reviews be coordinated and consolidated in a single EIR/EIS 
document.  The County of Santa Cruz subsequently agreed to the preparation of a joint 
EIR/EIS.  The Sanctuary will release a Notice of Intent and will hold a public scoping 
meeting in August or September in Moss Landing.

Bill reviewed the alternate routes provided by Globenet and the permit and 
authorization process for the Sanctuary.

The second proposal, the proposed Global West Fiber Optic Cable project, involves 
installation of approximately 200 miles of submarine cable (1.1 inch in diameter, 
carrying no electrical power and solely transmitting light) within the boundaries of the 
Sanctuary (correction to final minutes 11/24/99).  The cable would be installed on the 
seafloor as a "festoon" system that would land at seven shore locations along an ocean 
route between San Diego and San Francisco, traversing the length of the Sanctuary and 
landing at two shore sites within its boundaries.  The applicant anticipates the cable 
would operate for a minimum of 25 years.  The CA State Lands Commission is 
completing a DEIR to address onshore and offshore impacts of the proposed project.  
The Sanctuary notified the project sponsor in a July 15, 1999 letter that a EIS would 
also have to be prepared for the project.

This project differs from the Globenet project in that the Sanctuary has only had brief 
meetings with the applicant until last month.  The Sanctuary has not received a written 
request for authorization of this project.  Additionally, the project involves more 
routing the Sanctuary and actively fished areas; alternative routes have not been 
identified.

The seaward component of the project includes two directionally bored conduits--
extending from shore 600-900 meters out to sea beyond the surf zone) and a one-inch 
wide submarine cable extending from each of the conduits along a coastal route 
between 3 and 12 miles offshore.  The offshore cable would enter the Sanctuary at the 
southern boundary and parallel the shoreline until landing in southern Monterey Bay at 
a Fort Ord beach site.  The cable would then continue along a terrestrial route to La 
Selva Beach in northern Monterey Bay, where it would reenter the Sanctuary and 
continue northward through coastal waters, exiting Sanctuary boundaries at a point 
approximately 8 miles west of Broadmoor Beach on the San Francisco Peninsula.

The cable would be buried at a depth of one meter below the seafloor throughout the 
ocean route, where feasible, and where sensitive areas are not prohibitive, using the 
same burial methods as the Globenet project.  In areas where burial could not be 
achieved, the coordinates would be recorded and communicated to all interested 
parties.  Global Photon Systems, Inc. plans to enter into agreement with licensed fishers 
that would release from liability those who comply with the terms and conditions of the 
agreement and reimburse participating fishers for legitimate claims of loss associated 
with the cable.

If, and when, the Sanctuary receives a written request for authorization of the project, it 
will prepare a Notice of Intent to Issue and EIS in accordance with the National 
Environmental Policy Act (NEPA).  The EIS will provide information critical to the 
Sanctuary's assessment of the overall impacts of the proposed activity.

Bill Douros introduced Bill Hurley, who represents the Globenet project.  Mr. Hurley 
stressed that Globenet is in the very beginning stages of the project, which is designed to 
enhance MCI's telecommunications to address an exploding demand.  Mr. Hurley 
answered questions from Council members.  Questions and discussion included the 
following:

… timeline for Globenet's biological assessment; data from biological samples taken by 
MCI will be provided to the Sanctuary; biological assessments will be conducted for 
all alternatives;
… maintenance of the cable and its removal after its 25-year life cycle (the removal is 
addressed in the DEIR);
… RAP issues with the Globenet project include the depth at which the cable will be 
buried - the RAP believes a meter might be deep enough in the fine sediment 
substrate which occurs further offshore; biological assessments further offshore will 
be problematic because it will be more difficult to identify organisms; and finally, 
the RAP is concerned about the impact of the project on existing study sites;
… land route alternatives.

Next, Bill Douros introduced Tim Stamnitz, who represents the Global West Project.  
Mr. Stamnitz provided an overview of his background and experience with fiberoptic 
cables.  While the Globenet project was motivated by the telecommunications boom, 
Mr. Stamnitz explained that the Global West project is designed to meet the need of 
technological research conducted in California.  Global Photon, the company proposing 
the Global West Project, is working full-time on the project's DEIR as required by the 
State Lands Commission (correction to final minutes 11/24/99).  The company has 
been meeting with fishermen to address their issues as well.  Mr. Stamnitz answered 
questions form Council members.  Questions and discussion included the following:

… land route alternatives;
… environmental impacts and lack of biological assessment for this project;
… data from existing assessments;
… leasing of property from the State Lands Commission;
… impacts from landfall sites (sites where the offshore cable comes onshore);
… public notification of scoping meetings

Members from the public questioned both project representatives on issues of impacts 
due to maintenance of the cables; user conflicts with fishermen; lack of alternative 
routes and lack of biological assessment (Global West).

IV.	UPDATE:  REAUTHORIZATION AND FY2000 BUDGET UPDATE

Helen Golde, Marine Sanctuaries Division (MSD), reviewed the reauthorization process 
for the National Marine Sanctuaries Act (NMSA) and provided an update on the 
current bills.

The NMSA is reauthorized by Congress every 3 - 5 years, "renewing" the National 
Marine Sanctuary Program (NMSP) and setting authorized levels for appropriation for 
the next three to five years.  When the NMSA is reauthorized, the provisions of the Act 
may be changed by Congress.  The NMSP develops a proposal to reauthorize the 
NMSA, including any new or changed provisions it would like to see in the 
reauthorization.  After the proposed bill is cleared through NOAA, DOC and the Office 
of Management and Budget (OMB), the official Administration bill is transmitted to 
Congress.  At this point, the Administration bill is not acted upon unless it is 
introduced by a member of Congress.

Members of Congress may introduce their own reauthorization bills, using the 
Administration bill for guidance or by adopting the Administration bill.  The 
authorizing subcommittee may hold a hearing on the reauthorization of a bill, and 
request Administrative representatives and other witnesses to testify and answer 
questions.  The subcommittee then marks up the introduced bill, in which amendments 
by members of the sub-committee are introduced and voted upon.  Once amended, the 
bill is reported out to the full committee; the full committee marks up the introduced 
bill and reports out to the full House or Senate.  The full House or Senate votes on the 
bill - amendments may or may not be accepted on the House or Senate floor.  
Differences between the House and Senate bills are rectified in a conference committee 
and the compromise bill is sent to the House and Senate for a final vote.  The bill passes 
both the House and the Senate, and the bill is signed by the President and the new 
NMSA becomes law.

The Administration transmitted its bill to Congress in early June.  Representative 
Saxton has introduced a bill that has gone to full committee but it has not gone to the 
House floor yet.  The bill reported out of the full committee is different from the 
original Saxton Bill.  Senator Kerry has introduced a an "omnibus" bill that includes the 
NMSA and the CZMA.  Senator Snowe has just recently introduced a bill, as well.  
Helen reviewed the bills' differences and provided handouts which detailed the 
differences among the bills.

Discussion among Council members focused on the Administration's bill.  Several 
concerns regarding proposed NMSA changes in the Administration's bill were raised 
and included the following:

… strengthened enforcement role, specifically the powers to arrest and criminal 
penalties for those interfering with enforcement;
… changes in the NMSA designation terms to allow minor/technical changes to be 
made without going through the EIS process;
… the clarification and strengthening of the program's primary mandate to 
comprehensively protect and conserve resources; specifically, some members were 
concerned about sections where multiple use had been struck, particularly in the 
section regarding the Advisory Council and its representation of the public.

Discussion also focused on tracking the bills for the Advisory Council members.  Helen 
reminded Council members that updates on reauthorization of the NMSA and the 
FY2000 budget for the NMSP are available at www.sanctuaries.nos.noaa.gov.

Ed Brown made a motion that the Advisory Council form a small subcommittee to 
draft a letter, for review and concurrence by the entire Advisory Council, 
incorporating the concerns discussed by the Council regarding the 
Administration's reauthorization bill, and send the final letter to NOAA.  Karin 
Strasser Kauffman seconded and the motion passed with two abstentions from 
Brian Baird and Jim Stilwell.

The following Council members were selected to form the subcommittee to draft the 
letter:  Karin Strasser Kauffman, Ed Brown, Stephanie Harlan, and Steve Scheiblauer.

Bill Douros provided a brief report on the FY2000 budget for the NMSP.  In FY99, the 
NMSP received $14.35 million.  The FY2000 request from the Administration is $29 
million.  The full Senate mark up is $21.5 million and the House Appropriations 
Committee mark up is $16.5 million.  Congress on leave for one month, and therefore 
letters written regarding the FY2000 NMSP budget will still be effective.

V.	PRESENTATION:  SANCTUARY SLIDE SHOW

Karin Grimmer, MBNMS staff, presented the latest version of the Sanctuary slide show.  
The slide show will be made available to Council members who are interested in 
conducting outreach to their communities and constituents.  Karen requested that 
Council members forward final comments and edits on the slide show to her.

VI.	INITIAL WORKSHOP/DISCUSSION:  INCREASING MBNMS FUNDING

Due to earlier agenda items running over time, the workshop on funding was 
postponed to the October 1 Advisory Council meeting.  However, the Council selected 
members to form a funding subcommittee to guide the Council-identified priority on 
funding throughout the upcoming year.  The following Council members agreed to 
serve on the subcommittee:  Steve Abbott, Stephanie Harlan, Ed Brown.  Advisory 
Council Chair, Steve Webster, will also probably serve on the subcommittee as well.  
Council members also suggested involving Dennis Long and Ted Balestreri.  Greg 
Cailliet volunteered to work on the issue through the RAP.

VII.	UPDATE:  WQPP AGRICULTURE PLAN

Dick Nutter informed the Council that the Water Quality Protection Program (WQPP) 
Agriculture Plan was presented to the public during a series of three workshops 
scheduled during the summer.  The strategies identified in the plan are designed to 
protect and enhance the quality of water that drains into the Sanctuary, while 
sustaining the economic viability of the region's vital agricultural industry.  The 
strategies are focused on improving technical assistance and education, funding and 
economic incentives for conservation measures, better coordination of the existing 
regulatory system to reduce barriers to implementing erosion control practices, and 
improving maintenance practices for rural roadways and public lands. 

The six-county Central Coast Farm Bureau Coalition has agreed to take a leadership 
role in establishing industry-led networks of landowners to address water quality 
issues.  The proposed measures were developed and revised over the past several years 
with the 25 government, public and private groups who are partners in the WQPP, the 
Central Coast Farm Bureau Coalition, and with input from several previous public 
workshops.

Dick explained that this plan will provide a model for the country in how to form a 
regional approach to addressing agricultural runoff without creating an additional 
layer of government.

Bill Douros noted that Dick played a large leadership role in moving the WQPP 
agriculture plan forward.  The Council commended Dick and the Sanctuary staff for 
their work on the plan.

VIII.	REPORT:  DISCUSSION PAPER ON FKNMS & MBNMS
		      ADVISORY COUNCILS

Lisa de Marignac announced that she will be co-authoring an academic paper 
analyzing the Florida Keys NMS (FKNMS) and MBNMS Advisory Councils.  She will be 
working on this paper independent of the Sanctuary office and NOAA.  The paper will 
discuss the history of the two sites, the Council selection process, composition, roles, 
actions, etc.; will evaluate and compare the two sites, looking at conflicts and 
resolutions, representativeness, decision-making processes, etc.; and will make 
recommendations for future Advisory Councils.  Both Lisa and the University of Miami 
authors will conduct interviews with both Councils.  Lisa questioned Advisory Council 
members about their comfort level in being interviewed by her; she will also pursue this 
question with individual members.  The authors plan to begin interviews late this fall.

IX.	REPORT:  CWG REQUEST RE: TIDEPOOL PROTECTION

Vicki Nichols explained that the CWG has requested the Advisory Council's 
endorsement to conduct a special meeting of representatives from the working groups 
to discuss intertidal management within the Sanctuary.  Council members discussed 
the issue of trampling in tidepools.  The Advisory Council supported the idea of a joint 
working group meeting.  Pat Clark-Gray will represent the SEP, Vicki Nichols will 
represent the CWG, Greg Cailliet will selected a RAP member to represent the group, 
and Steve Abbott will represent the BTAP.

X.	OVERVIEW:  OIL AND GAS LEASES SOUTH OF MBNMS

Bill Douros provided an overview on the issue of 40 existing oil and gas leases 
approximately 100 miles south of the Sanctuary's boundary.  These 40 tracts were 
leased by the Minerals Management Service (MMS) in the 1960s.  The lessees must 
prove due diligence within a certain amount of time or give up the leases, however, a 
study that looked at the potential cumulative onshore impacts of these leases 
(California Offshore Oil and Gas, Energy Resources Study - COOGER) led the MMS to 
decide suspend the leases, which were due to expire at the end of June 1999.  All of the 
companies who hold leases are intending the keep the leases, but were granted a 
temporary suspension until August 16, 1999.  The companies are requesting another 
suspension.  If the MMS does not grant the suspensions, the leases will cease to exist.  
If the suspensions are granted, the companies must prepare new exploration plans that 
may need to go through federal consistency review which will involve the Coastal 
Commission.  Therefore, the granting of the suspension does not mean that drilling will 
occur; other permit decisions by the MMS and Coastal Commission would have to be 
made before drilling could occur.  Both the Governor and the Coastal Commission will 
fight development of these leases, because they believe environmental and socio-
econcomic impacts were not assessed in the COOGER study.  The Coastal Commission 
has asked to weigh in on the August 16 decision.

Discussion ensued and the Council discussed whether or not they should take an action 
on the issue.

Karin Strasser Kauffman made a motion that the Advisory Council send a letter 
to the California Coastal Commission thanking them for their letter to the MMS 
which included concerns about impacts to the Sanctuaries on both sides of the 
leases.  Stephanie Harlan seconded and the motion passed unanimously.

Bill will draft the letter.

XI.	COUNCIL MEMBER ANNOUNCEMENTS

Stephanie Harlan announced that the Santa Cruz Interagency Task Force received a 
TEA-21 grant for $100,000 for their Sanctuary Scenic Trail project.

Chet Forrest requested that Sanctuary staff report back to him regarding any response 
to the Advisory Council letter sent regarding Sanctuary contractors.

Greg Cailliet provided an oral and written update on the RAP.

Brian Baird announced that the Resources Agency is releasing its report on California's 
marine managed areas.

Phyllis Blanton announced that the US Coast Guard Cutter Long Island has been 
relocated to San Diego; Monterey will receive a new cutter in November or December 
and will host a reception.

Doug Huckins announced that abalone are being sold on the black market in Morro 
Bay.

Lisa de Marignac announced that the Sanctuary will host a Sanctuary Tour on the bay 
for Advisory Council members on August 27.

Bill Douros announced that the Sanctuary has opened an office in Santa Cruz.

Vicki Nichols announced that SOS is having a fund-raiser on August 14; Vicki will be 
going on maternity leave in October and will be resigning as Executive Director of SOS; 
she will return to SOS as Policy Director.

Ed Brown provided a report on the BTAP.

Ed Cassano announced that the CINMS SAC is involved in the CINMS management 
review process and is looking at the issue of ecological reserves.

Ed Cooper announced that the Sanctuary Diver Partnership Program is going well; he 
also reported on fundraising efforts to assist a diver paralyzed by spear gun.

Ed Ueber reported that GFNMS was impacted by a recent boat grounding in which 35 
gallons of oil was spilled and/or removed from the vessel.

Dave Danbom reported that data from salmon harvesters indicated salmon are 2-4 
pounds heavier than the prior year.

Karin Strasser Kauffman requested that the Advisory Council schedule a 
presentation on the recently released NRDC report on underwater sound.  Karin 
will provide a presentation at the December Advisory Council meeting.  Karin also 
requested that the Sanctuary office provide detailed permit reports to the Advisory 
Council at their meetings.  Karin will meet with Scott Kathey to discuss this.

Dick Nutter reported that an effort to use treated sewage from boats and marinas to 
irrigate agriculture lands may cost too much; the treated water is now being proposed 
to be discharged into the Sanctuary.

Jim Stilwell announced that the Coastal Commission issued four permits for 
aquaculture facilities in Pillar Point Harbor; Moss Landing Harbor is being sued over 
otter deaths in Elkhorn Slough.

The meeting adjourned at 5:05 p.m.

Respectfully submitted,
Lisa de Marignac
Advisory Council Coordinator