SAC Meeting Minutes
BAY NATIONAL MARINE SANCTUARY
December 6, 2002
Half Moon Bay Lodge
Half Moon Bay, CA
The Monterey Bay National Marine Sanctuary (MBNMS) Advisory
Council met on Friday, December 6, 2002, at the Half Moon Bay Lodge,
California. Public categories and government agencies were present
State Parks: Lynn Rhodes
Large: Ron Massengill
Large: Deborah Streeter
& Industry: Tony Warman
& Harbors: Peter Grenell
Coastal Commission: Charles Lester
Dept. of Fish and Game:Frank Wendell
EPA: Craig J. Wilson
Resources Agency: Brian Baird
Coast Guard: LT Tom Stuhlreyer
The following non-voting members were present as indicated:
Islands NMS: Chris Mobley
Gulf of the Farallones NMS and Cordell Bank NMS: Maria Brown
Elkhorn Slough NERR: Becky Christensen - ABSENT
Monterey Bay NMS: William J. Douros
LCDR Matt Picket, former manager for the Channel Islands NMS, was
also present for the meeting.
CALL TO ORDER, ROLL CALL.
The SAC adopted the minutes from the October 4, 2002 Sanctuary Advisory
Council meeting, with no changes.
Motion introduced by Dan Haifley, seconded by Chris Harrold
(Vote: 16 in favor, 0 opposed, with 2 abstentions -Stephanie Harlan
and Brian Baird)
Julie Barrow, West Coast Community Liaison for the National Marine Sanctuary
Program welcomed the SAC to Half Moon Bay and introduced Mike Ferreira,
Vice-Mayor of Half Moon Bay. Vice-Mayor Ferreira welcomed the SAC and
expressed the City’s appreciation for the work of the SAC and
Susan Danielson from Save Our Shores (SOS) field office in El Granada
also welcomed the SAC. Ms. Danielson indicated that 3500 volunteer hours
were given to SOS projects. She also thanked the Sanctuary for recognizing
the efforts of SOS volunteers in September during the Sanctuary 10th
Anniversary celebration in Half Moon Bay. Ms. Danielson also noted the
work of SOS volunteers in cleaning up local streams and creeks, and
announced the hiring of a new part-time bilingual educator and the addition
of 9 new members to their local advisory council.
Paul Reilly, California Department of Fish and Game alternate representative
on the SAC, was officially sworn in. SAC member Deborah Streeter reminded
the Council of the value and seriousness of the oath that SAC members
Chris Mobley was introduced and welcomed as the new Manager of the Channel
Islands National Marine Sanctuary (CINMS). Chris previously worked for
the National Marine Fisheries Service.
LCDR Matt Pickett, former CINMS Manager, was presented with a plaque
of appreciation for his service on the SAC.
SAC Chair Stephanie Harlan also announced that former SAC At-Large members
Jenna Kinghorn and Pat Conroy will also receive plaques of appreciation
for their service on the SAC.
Maria Brown, Assistant Manager for the Gulf of the Farallones NMS was
III. PUBLIC COMMENTS ON ITEMS NOT ON AGENDA
Steve Scheiblauer, Monterey harbormaster, informed the SAC that Mercury
Cruise Line, part of Celebrity, has scheduled 13 stops in Monterey in
2003. More information can be found on the harbor’s web site.
Ray Newkirk and Brent Lauche from Biodiesel Industries explained the
basic process for producing biodiesel and identified the locations using
biodiesel. They indicated that biodiesel, while still oil, has extremely
low toxicity and completely breaks down in 10-30 days. They stated that
a plant to produce biodiesel is under construction in San Jose and they
suggested that the Sanctuary would do well to have a plant locally near
Monterey. They reminded the SAC that Sanctuary Cruises, a whale watching
business out of Moss Landing, has used biodiesel in its boats.
Zeke Grader, Executive Director of the Pacific Coast Federation of Fishermens
Associations (PCFFA), referred to the recent vessel-related oil spill
in Spain and stated that sanctuary designation doesn’t necessarily
protect us from oil spills. He indicated that California does have the
Office of Oil Spill Prevention and Response (OSPR) and that some oil
companies have stockpiled equipment, but that generally we are seriously
unprepared to deal with a serious spill. Zeke asked the Sanctuary and
SAC to have a discussion on the status of current oil spill response
plans, including information on who has what equipment, where and how
the fishing community will be used as a front line defense, and what
arrangements will be/have been made with the fishermen. Zeke stated
that the coordinated effort necessary would be immense, requiring significant
time and that his goal was to bring in people not involved with the
government (fishermen, volunteers, etc). SAC Resources Agency rep Brian
Baird agreed, but suggested that this might be better addressed on a
statewide level, rather than just for the Sanctuary. Zeke felt that
it was a logical first step. SAC Harbor rep Peter Grenell supported
Zeke’s suggestion to have a SAC discussion and stated that harbors
will be essential partners should a spill occur. SAC Conservation rep
Vicki Nichols indicated that there is an area committee structure, but
that there hasn’t been a strong link with the fishing community.
Bill Douros, Sanctuary Superintendent, agreed that this was a very important
issue and wanted to make sure when scheduling the discussion that we
have all the right people present. SAC Recreation rep Dan Haifley suggested
that a presentation be made at the February 2003 meeting if the right
people could be assembled; SAC Research rep Chris Harrold suggested
that it be on the agenda as soon as possible.
Mike Kimsey, past Chair of Surfrider San Mateo advocated a complete
ban on motorized personal watercraft (MPWC), expect for use as emergency
vehicles. Mike shared his views on MPWC and made three main points:
1) there is a continued interest in expanded use of MPWC and thus greater
potential for impacts; 2) the courts have upheld the ban on use in Marin
County, citing the impacts to coastal and marine wildlife; and 3) exemptions/zones
don’t work as they are difficult to enforce.
IV. JOINT MANAGEMENT PLAN REVIEW (JMPR) -UPDATE
Sean Morton, MBNMS Management Plan Coordinator, gave a power point presentation
on the working groups. He laid out the structure of each group, staff
assignments related to each group and the participation of SAC members
on each group. He cautioned that not all working group members had been
contacted yet. He indicated that each work group/issue would have its
own web page that will identify the staff contact, provide an overview
of the issue, list work group members (SAC members will have their affiliations
noted) and provide updates as work progresses. For more information
SAC QUESTIONS AND COMMENTS ON JMPR
Initial SAC comments and questions:
Dan Haifley, SAC Recreation rep, asked Sean to talk more about the
selection process for members on the working groups. Sean reviewed
the process--self-nominations by SAC members, and suggested participants
by the SAC were reviewed by staff; working group members were chosen
by MBNMS to ensure the Sanctuary had balanced representation and individuals
who could work collaboratively towards consensus. Sean also indicated
that most meetings will be at the MBNMS office, would occur at least
monthly, would probably run 3-6 hours and, depending on the issue,
include a lot of homework, time and effort.
Ron Massengill, SAC At-Large rep, asked if all members had been contacted.
The answer was, “not yet”. Sean indicated that the composition
might change slightly after the Sanctuary has heard back from everyone.
The final composition of the groups would be up on the web site.
Dick Nutter, SAC Agriculture rep asked about invasive species. See
notes below regarding proposal of Conservation Working group.
Dan Haifley also expressed concern about the make-up of the Motorized
Personal Watercraft work group.
Brain Baird, SAC State Resources Agency rep, expressed concern about
the ability of state agency reps to participate given the severe state
budget crisis. He expressed concern about the large number of work
groups and the percentage of time MBNMS staff will be spending on
plan production vs. their other work. Stephanie Harlan, SAC Chair,
expressed the hope that there would be more money for staff to help
out with the planning process.
Paul Reilly, SAC CDFG alternate rep, asked if the marine reserves
work group duplicated the state’s MLPA process. Bill Douros,
Sanctuary Superintendent, explained that the marine reserves work
group would focus predominately on issues surrounding federal waters
and to help ensure cohesiveness between state and federal processes.
Steve Scheiblauer wanted to know what the purpose of the staff’s
involvement on the working group was and what their role would be.
Bill Douros explained that staff would provide administrative support,
help facilitate meetings, provide technical expertise and also represent
the Sanctuary’s views on the issue being discussed.
Roxanne Jordon suggested that commercial fishermen be members of the
Wildlife Disturbance and Desal working groups. She also asked how
the working groups would communicate with constituents. Sean Morton,
MBNMS Management Plan Coordinator, stated that the web site would
allow members of the public to stay informed on the progress of the
working groups and that constituents can funnel their views and comments
through their representatives on the working groups. They can also
contact working group leaders (identified on the web site) and attend
the meetings as observers.
Zeke Grader (PCFFA) agreed with Roxanne’s suggestion to have
fishermen on the Desal group. He also suggested that someone from
Marin County and the Gulf of the Farallones NMS be on the Motorized
Personal Watercraft working group. Zeke objected to a sanctuary krill
working group, saying that “they” would take care of that
issue by getting the state ban on krill harvesting extended for state
waters and would work with federal legislators to get the ban extended
in federal waters through national legislation. He supported a sanctuary
working group on invasive species. Peter Grenell, SAC Harbor rep,
stated that he agreed with Zeke.
Mike Ricketts presented a statement from the Alliance of Communities
for Sustainable Fisheries. Mike questioned why there had to be a Marine
Reserve working group when the state was already looking at this and
the Alliance existed; he reiterated the “promise” recalled
by fishermen that the Sanctuary would not regulate fishing or do things
that would put fishermen out of business and stated that implementation
of marine zoning would be a breach of that promise. Mike also suggested
a fairer balance on the Sanctuary Marine Reserves working group. He
specifically recommended that a commercial trawler and seafood consuming/fishing
related business rep be added to the make up of the Marine Reserves
working group and that several conservation seats be dropped.
There was a discussion among SAC members about whether there should
be additional fishing representation on the Marine Reserves working
group. Bill Douros, Sanctuary Superintendent, asked if adding a trawler
to the work group would satisfy the fishing concerns. Tom Canale,
SAC Fishing rep said yes. Tom asked Bill if the Sanctuary was agreeing
to add a trawler and Bill said yes. Stephanie Harlan, SAC Chair, suggested
that Tom consult with the Alliance and recommend a trawler to MBNMS
staff for inclusion on the group.
Conservation Working Group presentation:
Vicki Nichols, SAC Conservation rep reviewed a letter from the Conservation
Working Group (CWG) addressing three issues: commercial krill harvesting,
cruise ships discharges and invasive species.
Krill Harvesting: Vicki indicated that the CWG supported a
total ban on krill harvesting within the Sanctuary.
Cruise Ship Discharges: Vicki stated that the CWG is recommending
a new Sanctuary regulation that would prohibit discharges from cruise
ships. She cited a 4-fold increase in ship visits already planned
for 2003, the long history of illegal discharges by cruise ships,
the inability of enforcing the voluntary agreements currently agreed
to, and the inability of some discharges to meet Clean Water Act standards
for coliform. Peter Grenell, SAC Harbor rep made supportive comments
about the proposed discharge regulation. Dan Haifley, SAC Recreation
rep wanted to know what the pathway for development of this regulation
would be. Vicki went through the steps. Peter asked who the legal
advisors were for the Sanctuary. Bill Douros, Sanctuary Superintendent,
responded that the program has legal advisors back east. Steve Scheiblauer,
Monterey harbormaster, stated that the City of Monterey is on record
as not being available for passenger off-loading if cruise lines violate
the voluntary agreements they have made; he also suggested that maybe
the Research Activity Panel (RAP) investigate; and he raised the issue
that no one from the cruise line industry had been contacted about
a discussion about a possible regulation. Chris Harrold, SAC Research
rep stated that there needed to be a scoping of what other discharges
were problems before the RAP would be comfortable making any recommendations.
Kaitilin Gaffney SAC Conservation alternate rep discussed the regulations
imposed by Alaska. Zeke Grader, PCFFA, stressed the need for education
of the cruise industry and passengers. Frank Degnan, SAC Diving rep
expressed concern as to whether or not a new regulation would really
help or create an adversarial relationship with the industry. Maria
Brown, Assistant Manager, Gulf of the Farallones recommended that
the sanctuaries work together on on-board education.
Peter Grenell, SAC Harbor Rep introduced a motion that the Sanctuary
adopt a resolution calling for a cruise ship dumping ban in the MBNMS
and that the management plan review process achieve that goal, and
that further an education program be developed on a priority basis.
There was continued discussion about whether or not the SAC should
take action on this item at this meeting or bring it back for action
at the February meeting. Craig Wilson, CAL-EPA rep and Brian Baird,
Resources Agency rep both indicated that they would abstain if action
were taken on a ban today. Dan Haifley, SAC Recreation rep felt that
the SAC had to have a written formal resolution to vote on. Finally,
the SAC voted as follows:
The SAC asks that a resolution prohibiting cruise ship discharges
be brought before the SAC at its next meeting. It was further agreed
that the draft resolution would be distributed to the SAC prior to
the next meeting, and that Sanctuary would notify cruise ship industry
Motion introduced by Peter Grenell, seconded by Vicki Nichols (Vote:
19 in favor, 0 opposed).
Invasive Species: The CWG volunteered to develop a framework
on invasive species for the joint management plan review. Peter Grenell,
SAC Harbor rep moved to accept the CWG’s offer. Steve Scheiblauer,
Monterey harbormaster made a comment that the harbors should be consulted;
Craig Wilson requested that the work group coordinate with the State
The SAC agrees to establish the CWG as the working group to produce
a framework on invasive species for the joint management plan review.
Motion introduced by Peter Grenell, seconded by Vicki Nichols (Vote:
19 in favor, 0 opposed).
After the SAC reconvened, Dan Haifley, SAC Recreation rep suggested
that the SAC needed to have a written protocol on resolutions and
offered to draft one. Also, Bill Douros, Sanctuary Superintendent
introduced Irina Kogan, a Research Fellow working on the question
of the impacts from cables on the seafloor.
SAC DECISION-MAKING RELATED TO JMPR
Bill Douros, Sanctuary Superintendent and SAC Chair Stephanie Harlan
explained what the SAC subcommittee appointed to look into this issue
developed in terms of a protocol for the decision making process for
the SAC to use in its deliberations on the joint management plan review
(JMPR). A handout proposing a decision making protocol was distributed
to SAC members. Another handout describing consensus was also passed
out. Discussion focused on the steps to consensus and the schedule
and length of the SAC meetings that will focus on making recommendations
on the JMPR. The handout and process agreed to was (changes to the
original text of the handout on decision making protocol are highlighted
by underline below):
SAC Decision Making Protocol for JMPR
Step 1: Two weeks prior to the SAC meeting, MBNMS staff provides SAC
with a written package that includes brief reports from each of the
working groups. The reports consist of problems, strategies and actions
summarizing the recommendations of the working groups. These will
be the substantive essence of the action plans in the revised management
Step 2: Each working group report will be considered one at a time.
SAC members will be asked to identify the specific problems, strategies
and/or actions they are concerned about and those will be pulled out
for discussion. All other problems, strategies and actions will be
presumed to be satisfactory to the SAC.
Step 3: The SAC focuses on the problems, strategies and/or actions
that have been pulled out. The SAC will try and resolve differences
through consensus. SAC members will be responsible for identifying
the concern they have, as well as identifying an alternative proposal
that meets the interests of all other members of the SAC. If the
SAC cannot reach consensus, the SAC may refer the item back to the
working group and ask that it make a recommendation to the SAC for
resolution of the issue. The SAC agrees to only do this once per issue.
Step 4: As a last resort, if consensus cannot be reached on
a discussion item (i.e., problem, strategy and/or action) the SAC
will take action (vote) on that item (majority rules).
(The SAC choose to drop a, b, c, and d of Step 4 which laid out some
specific decision options: a) accept the original language from the
working group, or b) accept a proposed alternative or c) take no position
and ask NOAA/MBNMS to decide, or d) refer back to the working group
to make final recommendation to NOAA/MBNMS.)
Step 5: - The SAC chose to also delete step 5, which read, “The
SAC can then vote to support all the problems, strategies and actions
that are deemed satisfactory (i.e., those identified in Step 2, as
well as those agreed to through the consensus process in Step 3).
The SAC also considered a proposed schedule for SAC review of working
group reports, as follows:
There was general agreement with this approach.
VII. REPORT ON SOUTHERN BOUNDARY WORK GROUP
Ron Massengill, SAC At-Large member reported that San Luis Obispo County
Supervisor Shirley Bianchi called a meeting of interested parties to
discuss the development of a community based advisory committee to discuss
options related to the creation of a marine sanctuary off San Luis Obispo
county. Over 50 candidate sheets have come in with suggestions for participants.
Ron anticipates that another meeting will be held in early January.
The World Wildlife Fund (WWF) has offered to pay for a facilitator for
the subsequent meetings.
SAC ADMINISTRATIVE ISSUES
The SAC approved by consensus an Annual Report prepared by SAC Chair
Stephanie Harlan for the period of October 1, 2000 – September
30, 2001. Chris Harrold, SAC Research rep suggested that for future
reports the SAC focus on SAC key accomplishments. The SAC also approved
by consensus a brief report by Stephanie on the SAC’s work for
January 2002-December 2002, which will be included in a National Marine
Sanctuary SAC Annual Report.
The SAC also established a nominating committee to review applications
for the currently vacant Citizen At-Large Seat. The committee is composed
of Deborah Streeter, Peter Grenell, Dan Haifley, Tom Stuhlreyer, Stephanie
Harlan and Kaitilin Gaffney. They agreed to review the applications
and submit their recommendations to the Sanctuary office before Christmas.
The SAC also approved a SAC meeting schedule for 2003 as follows:
February 7 in Watsonville/Pajaro Valley
April 4 in Big Sur
June 20 or 27 in Monterey County or Santa Cruz County
August 1 in Monterey County or Santa Cruz County
October 3 in Cambria
December 5 in Half Moon Bay
IX . REPORT ON CA & THE WORLD OCEANS CONFERENCE 2002
Baird, CA Resources Agency rep gave a brief overview of this very successful
conference held in October 2002. Over 950 people attended; there were
over 50 concurrent sessions; and over 250 papers were presented. National,
state and local leaders participated and it is expected that the products
from the conference will drive public policy. Brian also showed a short
introductory video that was shown at the conference. For conference
proceedings contact the CA Resources Agency.
X. SANCTUARY ISSUE UPDATE
Mobley, Channel Islands NMS (CINMS) Manager gave the SAC a brief overview
of the marine reserve issue in the Channel Islands where the CA State
Fish and Game Commission recently approved the establishment of a marine
reserve in state waters around the Channel Islands. Chris reported that
the reserve is supposed to go into effect in January and he stressed
the importance of developing good research, monitoring, enforcement
and education programs related to the reserve. On the federal side,
Chris indicated that there would be close coordination with the Pacific
Fishery Management Council and the National Marine Fisheries Service
on the process of developing reserves in the federal waters of the Sanctuary.
Chris reported that more information on the state reserves can be found
on the California Department Fish and Game (CDFG) web site and indicated
that the CINMS web site is also in the process of including information
on the reserves and linking to the CDFG site.
Bill Douros, MBNMS Superintendent, gave an update on the Monterey Bay
Aquarium Research Institute’s (MBARI) “Monterey Accelerated
Research System” (also known as MARS), an undersea data network
for oceanographic research in Monterey Bay. MARS consists of undersea
cables and docking stations providing power and high-speed data links
for a variety of oceanographic devices that will allow real time and
long term monitoring of conditions in the Bay. More information on the
project can be found on MBARI’s web site at http://www.mbari.org/news/news_releases/2002/sep23_mars.html
While supportive of the research goals of the program (which are in
keeping with the Sanctuary’s mandate to promote research), the
Sanctuary has been working with MBARI to address potential impacts of
the project to the seabed (altering the seabed is prohibited without
a permit), such as impacts to benthic habitats, effects of burying the
cables (as well as the issue of whether the cables will stay buried),
removal of equipment, impacts to fishing (interference with fishing
gear, anchoring) and impacts from repair and maintenance. Bill reported
that MBARI is concerned about these issues and is working to be a good
neighbor. No determination has been made yet concerning whether an environmental
assessment or an environmental impact statement will be required. MBARI
will also need to obtain permits from the State Lands Commission and
the Coastal Commission. During the update concerns were expressed by
the fishing community about interference with fishing activities and
it was suggested that before any formal review process gets underway
that the Sanctuary and MBARI get together with concerned parties and
try and work things out before hand.
XI. SAC MEMBER ANNOUNCEMENTS
Nichols announced that on Tuesday, January 14, 2003 Save Our Shores,
Friends of the Sea Otter, MIIS and the Ocean Conservancy were sponsoring
a free lecture by Ross Klein on his recent book called “Cruise
Ship Blues.” Vicki encouraged SAC members to attend.
Bill Douros announced the release of a new report reviewing the ecological
effectiveness of subtidal marine reserves in central California. The
report is composed of two parts, Part 1:Synopsis of Scientific Investigations”
and “Part II: Summary of Existing Marine Reserves in Central California
and their Potential Benefits.” Bill indicated that the report
was available for all SAC members.
Brian Baird, California Resources Agency rep mentioned the recent 9th
Circuit Court decision supporting the State of California’s position
that it have consistency review authority over OCS development.
Frank Degnan, SAC Diving rep offered to provide diver trainer or refreshers
to all MBNMS staff and SAC members who are interested.
XII. ACTION: Next SAC meeting is February 7, 2003
meeting adjourned at around 5:00 p.m.