MONTEREY BAY NATIONAL MARINE SANCTUARY
ADVISORY COUNCIL
Annual Report
October 1, 1998 - September 30, 1999

INTRODUCTION

The Advisory Council held six regular meetings, one retreat and one work session during 
the past fiscal year, selecting meeting locations adjacent to the Sanctuary's 360-mile 
coastline boundary.  The Council's membership changed during the year, with four new 
primary members appointed to the following seats:  AMBAG, Conservation, Diving and 
Education.  The CA EPA seat was vacated in April and a new appointment is pending.  
Four new alternate representatives were appointed to the following seats:  Conservation, 
Diving, Education, and Tourism.  The alternate Agriculture seat is in the process of being 
filled.  See attachment 1 for complete membership.

The Council's executive committee also changed - Rachel Saunders stepped down as 
Vice Chair after two years of service.  The Council elected Steve Abbott as their new Vice 
Chair.  Steve Webster and Ed Brown continued to serve as the Council's Chair and 
Secretary, respectively.

Advisory Council members participated in numerous Sanctuary events throughout the 
year, including but not limited to the following:  a reception for the National Marine 
Sanctuary Program (NMSP) leadership team in October 1998; Sustainable Seas 
Expeditions (SSE) activities in May 1999 including an open house aboard the NOAA 
Ship McArthur, a Robert Lynn Nelson Studios reception, and a student summit; and a 
whale watching tour with Sanctuary staff and Monterey Bay Aquarium board members 
in August 1999.

Of special note, two Advisory Council members received a prestigious award.  Since 
1996 NOAA has recognized individuals and organizations throughout the United States 
for their tireless efforts to preserve and protect the nation's environment.  Periodically, 
these "Environmental Heroes" have been nominated by the Sanctuary.  In 1999, there 
were 34 such nominations throughout the United States.  Two of this year's 
"Environmental Heroes", Advisory Council members Rachel Saunders and Brian Baird, 
were nominated by the Sanctuary and received their awards in recognition of their 
important and continuous contributions to the Sanctuary. 

WORKING GROUPS

The Council's three working groups - the Conservation Working Group (CWG), the 
Research Activity Panel (RAP), and the Sanctuary Education Panel (SEP) - each 
respectively dealing with matters of conservation, research and education, met regularly 
throughout the year and provided information and advice to the Advisory Council and 
Sanctuary Superintendent.  The Council's Business and Tourism Activity Panel (BTAP) 
also met regularly throughout the year.

Rachel Saunders stepped down as the CWG Chair and the group elected Vicki Nichols as 
their new Chair and Ron Massengill as the Vice Chair.  The CWG met ten times, 
addressing important Sanctuary issues throughout the year.  A priority issue for the 
CWG, vessel traffic, is continuing to move toward resolution.  The package of vessel 
traffic management strategies produced by the Vessel Traffic Work Group, on which 
CWG members actively participated, passed through an important milestone.  The 
International Maritime Organization, a body of the United Nations, supported and 
approved the vessel routing measures proposed by the work group in its package.  The 
CWG worked with the Advisory Council to formalize tidepool management 
recommendations for submittal to the Sanctuary Superintendent.  The CWG has also 
worked with Sanctuary staff regarding the issue of Fort Ord's stormwater pipes, 
participating in several site visits with Sanctuary staff, the U.S. Army and Advisory 
Council members.  The CWG submitted a formal written request to the Advisory 
Council to support removal of the stormwater pipes.  CWG members continue to be key 
participants in discussions, workshops and other forums on issues such as fisheries, kelp 
harvesting, and sea otter management.

The RAP, chaired by Gregor Cailliet (Vice Chair Richard Starr), met at eight different 
research institutions in throughout the year.  At each meeting, the host institution 
presented overviews of their activities, and many sanctuary issues, as well as broader 
science topics and project proposals, were discussed.  The RAP provided input to the 
Sanctuary Advisory Council and Sanctuary staff on kelp harvesting studies, the Marine 
Sanctuary Division research plan, a rockfish forum, ecological risks of dredging in the 
Moss Landing Harbor, the California live fish fishery, Sanctuary ecosystem monitoring, 
regional water quality monitoring, regional sea floor mapping, information transfer 
systems, and NMSP budget needs.  RAP members contributed extensively to the 
Sanctuary annual report, Ecosystem Observations, and assisted in coordination of the 
Sanctuary Currents Symposium.  In a unique collaboration across Sanctuary working 
groups, the RAP members participated in developing a list of issues and key questions 
to address as human use of central California rocky shores increases.  New members on 
the RAP this year included Ed DeLong of the Monterey Bay Aquarium Research 
Institute, George Somero of Hopkins Marine Station and Charles Lester of the California 
Coastal Commission.  The RAP continues to play a pivotal role enhancing 
communication among the many marine scientists at the major facilities in the Sanctuary 
area.

Jeff Bryant stepped down as the SEP Chair and the group elected Patricia Clark-Gray as 
the new Chair and Rachel Saunders as the Vice Chair.  The SEP met seven times at 
various locations (Monterey Bay Aquarium, Wilder Ranch State Park, Monterey 
Academy of Oceanographic Sciences-Monterey High School, MBARI, and California 
State University Monterey Bay) and learned about the interpretive and educational 
programs of each organization.  The SEP continued work on a regional educational plan.  
The SEP provided input to the Sanctuary Advisory Council on educational issues and 
provided support to staff on the Sustainable Seas Expedition.  In addition, many SEP 
members participated as officials in the National Ocean Science Bowl.

The BTAP, chaired by Michael Hemp, met four times during the year.  The BTAP 
continued to focus on the issue of kelp harvesting along Cannery Row.  The group kept 
abreast of the kelp harvesting study off Cannery Row and the kelp harvesters 
cooperative.  Continuing to play an active role in the issue of kelp harvesting, the BTAP 
developed and submitted recommendations as part of the Sanctuary's process to 
develop a kelp plan.  The BTAP also provided advice to Sanctuary staff regarding 
ongoing work to develop a "clean, green" business program currently focused on the 
restaurant industry.  Other topics and issues the BTAP addressed throughout the year 
included the Monterey Bay Sanctuary Foundation, cruise ships in Monterey Bay, 
recreational diving, and the merging of Monterey County tourism bureaus.

RETREATS

The Advisory Council held its annual retreat in the spring to set priorities for the 
upcoming year.  The first day of the retreat was utilized as a joint staff/SAC workshop 
which focused on Sanctuary program presentations and discussions, as well as working 
group presentations and discussion.  During the second day of the retreat, the Advisory 
Council held a workshop to discuss ways to focus the work of the group by linking 
Advisory Council meetings to Sanctuary priorities.  Based on the workshop with the 
staff and internal Council discussion, the Advisory Council set five priority issues to 
focus on during their subsequent six meetings:

… Increasing alternative and federal funding for the MBNMS including working closely 
with the Monterey Bay Sanctuary Foundation
… Focus on business and tourism relations and partnerships
… Fiber optic cables in Sanctuary waters
… Kelp harvesting
… Desalination plants, time permitting

In an effort to properly address these issues, the Council agreed to dedicate a few hours 
of regularly scheduled Advisory Council meetings to issue-based workshops, as needed.

MAJOR ISSUES, ACTIVITIES AND ACHIEVEMENTS

NEW ISSUES:

Cannery Row Marketplace

The Advisory Council supported Sanctuary concerns regarding a proposed development 
on the Sanctuary's coast.  The proposed project, the Cannery Row Marketplace, 
concerned Sanctuary staff because of potential impacts to Sanctuary resources from 
desalination plant brine discharges, intake and discharge pipeline construction, and 
stormwater discharges.  The Sanctuary sent a letter detailing numerous problems with 
the project's draft Environmental Impact Report (EIR) and requested that the applicant 
submit a revised draft EIR for public review and comment.  The Advisory Council sent a 
letter to the City of Monterey supporting the concerns listed in the Sanctuary's letter and 
also requesting a revised draft EIR.

Ultimately, the City of Monterey certified the final EIR, and did not request the applicant 
to submit a second draft EIR.  However, the City of Monterey denied the permit to 
construct the project.  The project applicant is revising the project and will resubmit the 
project for review by the City.  The Sanctuary will continue to follow this project, 
especially the proposed construction of a desalination plant and construction of a 
discharge pipeline off Cannery Row.

Diver Partnership Program

Early in the year, the Advisory Council requested that the Sanctuary Superintendent 
send a letter to dive organizations encouraging the dive industry to work with the 
Sanctuary to develop a diver outreach program focused on recreational kelp diving.  
Sanctuary staff have worked with the Advisory Council and the dive industry to create 
the Diver Partnership Program.  The goal of the program is to facilitate protection of the 
marine environment.  Current projects include the development of an educational 
brochure for divers; a Diver Partnership Program web page; contributions to a portable 
diver information booth; assistance in coordinating diver clean up programs; and the 
development of the NOAA Observational Diver Program to recognize divers who 
contribute to Sanctuary resource protection.

Fiber Optic Cables

Advisory Council members commented on two proposed fiber optic cable projects 
during its regularly scheduled meeting in August.  The Sanctuary Superintendent 
presented project overviews and environmental concerns.  Representatives from each 
project provided more in-depth project descriptions and were on-hand to answer 
questions.  Council member concerns included the following:  the need for complete 
biological assessments; cable maintenance and removal; depth at which cables will be 
buried; land route alternatives; impacts at landfall sites; and public notification of 
scoping meetings.  The Advisory Council will continue to address this issue as it 
progresses.

Fiscal Year 2000 NMSP Budget

On January 12th the Clinton Administration announced a $1 billion Lands Legacy 
Initiative to expand federal efforts to save America's natural treasures.  Of the $1 billion, 
more than $183 million was to go to NOAA to increase protection of the nation's most 
significant ocean and coastal areas and to help promote "smart growth" strategies along 
America's coasts.  The initiative included $29 million to expand and protect NOAA's 
national marine sanctuaries which operated on a budget of $14.3 million in fiscal year 
1999.

Consistent with their charter, the Advisory Council wrote a letter to the Secretary of 
Commerce requesting that he support the $29 million budget proposal for the NMSP, 
and that he share the Council's position with Congress.

Guadelupe Oil Field Mitigation Proposal

The Advisory Council supported a Sanctuary proposal for oil spill funds by sending a 
letter to the San Luis Obispo Regional Water Quality Control Board detailing the 
importance of three projects prioritized by the Sanctuary for funding needs.  The 
Sanctuary office requested funding in the amount of $750,000 to purchase a research 
and general patrol vessel; $100,000 to assess the occurrence of oil and oiled wildlife 
along the central coast; and $50,000 for educational signage at elephant seal haul-out 
sites at Piedras Blancas.

Oil and Gas Leases South of the Sanctuary's Boundaries

The Advisory Council voiced its concerns regarding forty undeveloped oil and gas leases 
south of the Sanctuary's border.  The companies holding the leases requested a 
temporary suspension in an effort to give themselves more time to prove due diligence.  
Because the companies were unable to prove due diligence prior to their deadline of June 
1999, they requested suspensions of their leases to avoid having to forfeit them.  The 
Minerals Management Service (MMS) granted a temporary suspension.  The California 
Coastal Commission, in a letter to the MMS opposing the development of the leases, 
cited potential environmental threats to the Monterey Bay National Marine Sanctuary 
and the Channel Islands National Marine Sanctuary, among other concerns.  The 
Advisory Council sent a letter to the Coastal Commission, expressing their appreciation 
for the Commission's stance on oil and gas development and their attention to the need 
to protect the Monterey Bay National Marine Sanctuary.  The Council also urged the 
Coastal Commission to continue to pursue the best feasible means to mitigate the 
impacts from any proposed exploration or development of the leases, and to ensure that 
the Commission review any proposed action by the MMS.

Penalty Schedule for the Monterey Bay National Marine Sanctuary

Early in the year, the CWG raised its concern regarding the lack of an efficient and 
effective way to fine violations of Sanctuary regulations.  At the time, the process for 
fining violators required the reporting officer to collect information from the investigation 
or a designated contact, and to prepare a report of the incident for submission to the 
NMFS special agent.  The NMFS agent would then conduct a follow-up investigation 
and prepare a report for submission to NOAA General Counsel for Enforcement and 
Litigation (GCEL).  GCEL then reviewed the NMFS report and evidence to determine 
whether a Notice of Violation and Assessment (NOVA) should be issued.  GCEL then 
would issue a NOVA to the suspect who would paid the fine or file for a hearing before 
an administrative law judge.

Because of the burdensome process to fine violators of the Sanctuary's regulations, 
Sanctuary staff requested a penalty schedule from NOAA several years earlier.  With a 
set penalty schedule, the reporting officer carries a federal ticket book and has the option 
of issuing a ticket to the suspect at the time of the violation.  The suspect then pays the 
fine assessed or files for a hearing before an administrative law judge.

To assist the Sanctuary in streamlining its enforcement process, the Advisory Council 
sent a letter to GCEL in support of the Sanctuary's proposed penalty schedule and 
requested a conclusion to the matter.  As a result of the Advisory Council's letter, GCEL 
completed the final penalty schedule for the Sanctuary and sent it to headquarters in 
Silver Spring.  Headquarters subsequently forwarded a final penalty schedule to the 
Sanctuary in May.  The support of the CWG and Advisory Council was extremely 
helpful in catalyzing the completion of the penalty schedule after more than five years of 
delay.

Proposed Southern Sea Otter Translocation

In October the CWG sent a letter to the Advisory Council requesting that the Council 
send a letter, or advise the Sanctuary to send a letter, expressing concern regarding the 
U.S. Fish and Wildlife Service (USFWS) Southern Sea Otter Translocation Program and 
the proposed relocation of sea otters from south of Point Conception into the Monterey 
Bay National Marine Sanctuary.  The Council requested an in-depth presentation and 
discussion of the issue to be scheduled for its February meeting.  In February, Carl Benz 
from the USFWS and David Jessup from the California Department of Fish and Game 
(CDFG) provided in-depth presentations on the history and status of the translocation 
program and the potential threats to the Sanctuary's resources as a result of relocating 
sea otters.  Because the provided information did not indicate the likelihood of any 
threats to Sanctuary resources, the Sanctuary office determined that current Sanctuary 
regulations could not prohibit the relocation of otters into its boundaries.

In the spring of 1999, the USFWS released a draft biological opinion and draft evaluation 
of the translocation program, recommending that the program be declared a failure.  In 
addition to the Sanctuary's comment letter on the biological opinion and evaluation, the 
Advisory Council sent a letter requesting that the comment period deadline be extended 
beyond an approaching sea otter mortality meeting.  The USFWS did extend the 
comment period for the draft biological opinion and failure recommendation, and began 
incorporating comments.  The agency did not set a deadline for finalizing the biological 
opinion and failure recommendation.

Reauthorization of the National Marine Sanctuaries Act (NMSA)

The Advisory Council spent a considerable amount of time tracking and reviewing the 
Administration's proposed bill to reauthorize the NMSA, as well as congressional 
reauthorization bills.  The Advisory Council sent a letter to the Chief of the Marine 
Sanctuaries Division (MSD), supporting the reauthorization of the NMSA and increased 
federal funding for the program.  In its letter, the Advisory Council commented on 
several issues of concern to its members, including advocating multiple use of Sanctuary 
resources, the definition of "injury" in context of injury to a sanctuary resource, the need 
to define "innovative management techniques", and changes to the terms of designation.

The Advisory Council also requested a presentation on the Sanctuary's authority to 
regulate fishing.  As part of an in-depth presentation to the Advisory Council, the 
Sanctuary Superintendent explained that for the Monterey Bay National Marine 
Sanctuary, instituting fishing regulations under the NMSA would require an amendment 
to the Sanctuary's management plan and designation document.  To do so would 
require that the Sanctuary repeat its designation process.  Therefore, the approaching 
reauthorization of the NMSA could not affect the Monterey Bay National Marine 
Sanctuary's authority to restrict or regulate fisheries.  The Advisory Council 
unanimously passed a motion supporting the continued management of fisheries by 
CDFG, the National Marine Fisheries Service (NMFS), and the Pacific Fisheries 
Management Council; and requested that the reauthorization of the NMSA not change 
the prohibition against the Monterey Bay National Marine Sanctuary regulating fishing.

Sanctuary Slide Show

At the Advisory Council's request, Sanctuary staff developed a Sanctuary slide show for 
use by Council members and others interested in conducting outreach on behalf of the 
Sanctuary.  Sanctuary Advisory Council members provided detailed comments, 
suggestions and assistance, which resulted in a final Sanctuary slide show which is 
available on a check-out basis.

Staffing Concerns

The Advisory Council wrote a letter to NOAA's Administrator, Dr. James Baker, 
expressing concern regarding the high number of contracted employees on staff at the 
Monterey Bay National Marine Sanctuary.  The Council, concerned that effective 
management of the Sanctuary program was being jeopardized by employing temporary 
contractors, urged Dr. Baker to create additional permanent positions at the Sanctuary 
office.  Dr. Nancy Foster, Assistant Administrator for the National Ocean Service, 
responded to the Advisory Council on behalf of Dr. Baker.  Dr. Foster made a 
commitment to work with MSD and the Monterey Bay National Marine Sanctuary to 
create one or two new government service positions in each of the two upcoming fiscal 
years.

CONTINUING ISSUES:

Kelp Harvesting off Cannery Row

The Advisory Council continued to track the issue of kelp harvesting off Cannery Row.  
In December, the Council had a presentation on results of an initial kelp harvesting study 
conducted off Cannery Row, which the Sanctuary partially funded.  Because of limited 
resources and a small sample size, the results of the study were inconclusive and did not 
indicate any detectable effects of kelp harvesting as practiced off Cannery Row.  The 
Council passed a motion recommending that the Sanctuary continue to fund the study 
off Cannery Row in an effort to get clear answers.  Local kelp harvesters also presented a 
signed kelp harvesters cooperative agreement.  The Council actively worked with local 
harvesters over several years in an effort to reach voluntary cooperation among 
harvesters and other kelp resource users.

The Advisory Council sent a letter to the California Fish and Game Commission 
regarding the Commission's approaching five-year review of its giant and bull kelp 
commercial and sport fishing regulations.  The Council identified a list of topics which it 
requested the Commission to consider and integrate into its plan.

Live Fish Fishery

The Advisory Council continued to express its concern regarding the growing live fish 
fishery.  In response to a Council member's presentation on the issue, the Council passed 
a motion advising the Sanctuary Superintendent to send a letter to CDFG expressing 
concern about the fishery, and requesting that the agency work with the RAP on specific 
questions about the fishery, and to continue to present updated data to the Council.  The 
Superintendent sent a letter to the director of CDFG, detailing specific concerns of the 
Sanctuary and Advisory Council.  The director responded to the Sanctuary in a letter 
and committed to working with the Sanctuary in implementing its recently established 
Marine Life Management Act.

Vessel Traffic Safety

The Advisory Council continued to actively support the work of the Vessel Traffic 
Management Work Group.  The Council sent letters of support for the group's vessel 
traffic management package to the U.S. Coast Guard and its Navigation Safety 
Advisory Council, as well as to NOAA.  The Council also sent a letter to the Department 
of Transportation specifically supporting the modifications to the Traffic Separation 
Schemes for San Francisco Bay and Santa Barbara Channel which were recommended in 
the vessel traffic management package.  The draft Notice of Proposed Rulemaking 
(USCG-1999-5700) for the alterations to the San Francisco and Santa Barbara Channel 
port approaches received final clearance from the USCG, and was published to open a 
60-day comment period.  Additionally, the recommendations for coastal transit routes 
for container vessels and HAZMAT ships was forwarded to the International Maritime 
Organization.

Water Quality Protection Program's Agriculture and Rural Lands Action Plan

The Advisory Council continued to support the efforts of the Water Quality Protection 
Program committee and the central coast agricultural community to develop an action 
plan to address nonpoint source pollution related to agriculture.  Council members 
participated in public workshops held to present the draft Agriculture and Rural Lands 
Action Plan.  The workshops were also well-attended by growers and ranchers, 
environmentalists, representatives of federal, state, and local government agencies, and 
other parties who have a stake or interest in the 24 strategies recommended in the plan.  
The plan was very well received at the workshops, with a great show of commitment 
from both the agricultural community and regulatory agencies to work together toward 
implementation.

Submitted by
Lisa de Marignac, MBNMS