Under what authority is NOAA undertaking this action?

NOAA has initiated this process under authority of the National Marine Sanctuaries Act, which requires periodic review and update of national marine sanctuary management plans.

Why is NOAA proposing these changes?

Periodic management plan review ensures management actions effectively address current and emerging issues and protect sanctuary resources. The proposal is based on widespread threats and new opportunities that have emerged since the adoption of the current management plan in 2008. Moreover, NOAA and its partners have completed much of the 2008 plan.

The following overarching goals served as a foundation and guide to the development of Monterey Bay National Marine Sanctuary’s updated draft management plan:

1. Promote collaborative and coordinated management and stewardship of resources in the sanctuary.
2. Enhance the understanding of ecosystem processes, and inform ecosystem based management efforts, through scientific research, monitoring, and characterization.
3. Enhance ocean literacy, promote awareness of the sanctuary and foster ocean stewardship through outreach, education and interpretation efforts.
4. Maintain and protect the sanctuary’s natural biological diversity, and where appropriate, restore and enhance sanctuary ecosystems.
5. Enhance understanding and appreciation of maritime heritage (living cultures, traditions, and cultural resources).
6. Facilitate wise and sustainable use in sanctuaries to the extent that such uses are compatible with resource protection.
7. Build, maintain, and enhance an operational capability and infrastructure.

The 2015 MBNMS condition report identified the most prominent pressures in MBNMS: marine debris, vessel traffic, commercial and recreational fishing, agricultural and urban runoff, harmful algal blooms, coastal development and disturbances to wildlife. In addition, larger, more global issues, such as climate change and ocean acidification, are significant areas of concern; some impacts are being detected, but long-term effects are not well understood.

Public scoping for the management plan review identified the need to address wildlife disturbance, water quality, climate change, marine debris, beach nourishment and increased public awareness. At the same time, there is a need for continued research, exploration, restoration, and education related to the nationally significant ocean resources in MBNMS. As such, there is a need to update management activities in MBNMS relating to research, monitoring, education, outreach, community engagement, and resource protection.

What alternatives are being proposed?

NOAA is considering three alternatives:

• Alternative A: No action – continued implementation of routine field activities, the 2008 sanctuary management plan, and existing sanctuary-wide regulations.
• Alternative B: Continued implementation of routine field activities and existing sanctuary-wide regulations, and adoption of a revised sanctuary management plan.
• Alternative C (Preferred): Continued implementation of routine field activities, adoption of a revised sanctuary management plan, and revise sanctuary regulations

What regulations are being proposed?

To address a number of current resource protection concerns, NOAA’s preferred alternative proposed regulatory changes to:

• Add a definition for the phrase “beneficial use of dredged material” and new regulatory language to clarify MBNMS’s ability to authorize beneficial use of clean and suitable dredged material for beach nourishment restoration purposes within MBNMS.
• Modify the prerequisite conditions for motorized personal watercraft access to the riding zone at Mavericks surf break so that they may provide safety assistance to surfers in a highly energized surf zone.
• Change the size and shape of four motorized personal watercraft zones to improve access by MPWC users, protect sensitive resources, reduce navigational hazards, and reduce buoy maintenance costs.
• Make a minor technical correction to document the list of exempted Department of Defense activities at the Davidson Seamount Management Zone that was inadvertently left out of the 2008 Final EIS.

How will the proposed rule affect fishing?

The regulatory changes proposed would not result in adverse impacts to recreational or commercial fishing or other allowable human uses of MBNMS.

Why has NOAA restricted the use of Motorized Personal Watercraft (MPWC) within the sanctuary?

MPWC, often referred to as "jetskis,” include several small vessel designs that share similar performance characteristics. NOAA has restricted the use of MPWC within the sanctuary since 1992 because their high speed and maneuverability pose a unique and significant threat of disturbance to sanctuary habitats and wildlife through persistent and repetitive operation within sensitive nearshore environments that are usually safe from such intensive mechanized activity. In addition to environmental impact threats, conflicts have persisted between MPWCs and other recreational ocean users due to the erratic noise signature and operating pattern of MPWC. There are currently 5 authorized MPWC riding zones within the sanctuary.

Why propose changes to access for MPWC in the Mavericks zone (Zone 5) in the sanctuary?

In 2009, NOAA created a seasonal-conditional MPWC zone at Mavericks, primarily to allow MPWC to support big-wave surfing during winter months (December, January, February). Currently, MPWC can freely access this zone only when HIgh Surf Warning conditions are in effect (predicted breaking waves at the shoreline of 20 feet or greater). Under the preferred alternative, NOAA would change the current High Surf Warning (20 ft.) requirement for MPWC access to a less stringent High Surf Advisory (15 ft.) requirement. Access to the Mavericks zone would continue to be seasonal (December, January, and February), and would likely allow for MPWC access at the surf break approximately 3 to 5 more days per year to provide safety assistance to surfers operating in a highly energized surf zone.

This regulation change was requested by sanctuary users (big wave surfers) to improve safety. MPWC are capable of speed and maneuverability, and can be used to rescue surfers caught in punishing surf and rocky wash zones at Mavericks.

Why is NOAA proposing changes to the MPWC zones?

NOAA proposes to change the size and shape of four MPWC zones while maintaining the original intent of the zones to “provide recreational opportunities for motorized personal watercraft within the sanctuary, while safeguarding sensitive sanctuary resources and habitats from unique threats of disturbance by watercraft”. NOAA also proposes to reconfigure the zones to be smaller and closer to shore in order to improve access, aid enforcement, allow for more secure moorings, and facilitate visual surveys of zone use.

The proposed modifications would reduce the number of deployed boundary buoys from 15 to 9 and reduce associated navigational hazards, aesthetic impacts, and mooring failures that create public safety hazards, marine debris, seafloor impacts and excessive maintenance effort. Current zone boundary buoys stationed off rocky points have experienced repeated mooring failures due to heavy wave impacts, rocky substrate impacts, and lack of soft sediments for secure anchor set. Deeper moorings have repeatedly failed due to suspected interactions with vessels and commercial fishing gear. Failed moorings pose a hazard to mariners and the public from drifting buoys.

Will the proposed modifications to MPWC access increase their threats to wildlife?

Because of their extraordinary speed and maneuverability, MPWCs have a unique capacity to endanger marine birds and mammals, so their recreational use is regulated within Monterey Bay National Marine Sanctuary. Within the Maverick zone, wildlife activity during winter months (December, January, and February) is significantly reduced. Access to this zone would continue to be seasonal (only permitted Dec. - Feb.). This time-window is deliberately set to avoid impacting seasonal marine mammal pupping and breeding activities at important wildlife areas immediately adjacent to Mavericks. NOAA estimates that the proposed changes to allow MPWC access under High Surf Advisories would allow MPWCs to access the zone for approximately 3 to 5 more days during the winter months, compared to the current regulation.

Will there be an economic impact as a result of these proposed changes?

Healthy ecosystems are invaluable to the businesses and economy of California and Monterey Bay. An ecosystem-based management approach is the most effective mechanism to ensure the health of Monterey Bay and adjacent waters.

Would the sanctuary’s boundary be expanded?

No.

Will one alternative be selected or will elements of the alternatives be combined into a final version?

While NOAA has a preferred alternative, NOAA will consider elements of each alternative depending on input from the public, scientific data, and subsequent changes to resource conditions.

Will there be any restrictions on diving and boating in the sanctuary?

No.

What are the next steps following this publication?

Following the release of the Draft Management Plan, Draft Environmental Assessment, and Proposed Rule, NOAA will take the following steps:

Public Review and Comment. NOAA will accept public comment through DATE. Public hearings will be held to invite commenting in addition to the ability to comment online. After the close of the public comment period, sanctuary staff will review comments and make any necessary changes to plans and environmental analyses.

Final Environmental Review and Final Management Plan. To close out the process, a Final Management Plan, Final Environmental Assessment, and Final Rule (if needed for any regulation changes) will be released.

How can I provide public comment?

Members of the public may submit comments for 60 days once the comment period opens by any of the following methods:

Electronic Submission:

Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter the docket number NOAA–NOS–2020-0094, click the "Comment Now!" icon, complete the required fields, and enter or attach your comments.

Mail:

Public Comment
MBNMS
99 Pacific Street, Building 455A
Monterey, CA 93940

Virtually:

during a Public Meeting on July 23 at 6:00 PM.
Register at: https://attendee.gotowebinar.com/register/398908723113760523
Webinar ID 394-620-243
Participants can also join by phone (415) 930-5321, audio access code 811-630-048

or

Monterey Bay National Marine Sanctuary’s Advisory Council meeting on August 21^st.
Register at: https://attendee.gotowebinar.com/register/3876637613490216459
Webinar ID 678-355-891
Participants can also join by phone (562) 247-8422, audio access code 270-497-558

or

Greater Farallones National Marine Sanctuary’s Advisory Council meeting on August 24^th
Link: meet.google.com/tyr-enfp-cet
Phone: (641) 812-2321‬
PIN: ‪135 736 466#‬‬‬‬

Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NOAA will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous).