Part
V: MANAGEMENT PLAN
V. Section: Administration
V. Section: Administration
A. Introduction
This section of the management plan describes the administrative roles of the agencies that will be involved in Sanctuary management, proposes strategies to coordinate their activities, and provides for periodic evaluation of the effectiveness of the management plan. Sanctuary management consists of four functions: resource protection, research, education, and administration. Administration oversees all other functions and establishes who is responsible for implementing specific programs. The administrative framework ensures that all management activities are coordinated.
The SRD is responsible for the overall management of the proposed Sanctuary. The SRD will coordinate its on-site activities through cooperative agreements with the State, regional, local and other Federal agencies. The general administrative role of each agency is as follows.
1. Sanctuaries and Reserves Division
The National Marine Sanctuary Program is managed by the SRD. A site-specific management plan is prepared for each Sanctuary to ensure that on-site activities in resource protection, research, and education are coordinated and consistent with Sanctuary goals and objectives.
The SRD develops a general budget, setting out expenditures for program development, operating costs, and staffing. Funding priorities will be reviewed and adjusted annually to reflect evolving conditions in the proposed MBNMS and National Marine Sanctuary Program priorities and requirements. The SRD also establishes policies and procedures in response to specific issues in each Sanctuary. Detailed SRD responsibilities are listed under the resource protection, research, education, and general administration sections which follow.
The Sanctuary Manager for the Sanctuary reports directly to the SRD. In this capacity, the Manager represents the SRD and is the primary spokesperson for the Sanctuary. The Sanctuary's headquarters will be located in the Monterey Bay region. The Manager will serve on the Elkhorn Slough National Estuarine Research Reserve Advisory Committee, assuming the role formerly filled by the Gulf of the Farallones NMS Manager.
2. Sanctuary Advisory Committee
The National Marine Sanctuary Program is different from other special area management programs because Sanctuaries are to be managed for research and education as well as for resource protection. In addition, several agencies and interest groups are involved with the Sanctuary's management. Accordingly, a mechanism to assist the interested groups in advising on Sanctuary management will be developed. The Sanctuary Advisory Committee (SAC) will be established to provide this advisory function.
The Sanctuaries and Reserves Division will determine the structure, composition and functions of the SAC in accordance with the procedures specified by the Federal Advisory Committee Act (FACA) (Appendix A).
All interested groups and agencies will be consulted to ensure that the SAC takes all interests into account and that the committee is representative of a broad based constituency to ensure that the Manager has a broad information base upon which to make any management decisions. The experience and expertise of the SAC will be available to the Manager on an ad hoc basis as well as during regularly scheduled meetings. In order to function efficiently in an advisory capacity it may be beneficial to subdivide the SAC into subcommittees that correspond to the resource protection, research, education and general administration issues. Detailed SAC responsibilities are listed under the resource protection, research, education and general administration sections which follow.
3. Federal Agencies
The USCG is responsible for enforcing Federal laws in waters under U.S. jurisdiction. This mission includes the enforcement of Sanctuary regulations promulgated for the Sanctuary. The USCG also manages operations for the control or removal of oil and hazardous substances resulting from offshore spills. In addition to enforcing fishing and vessel discharge regulations, the USCG is also responsible for regulating vessel traffic, maintaining boater safety, and coordinating search and rescue operations.
The United States Fish and Wildlife Service and National Marine Fisheries Service (NMFS) also have existing management and enforcement capabilities in the proposed Sanctuary area with regards to fisheries, marine mammals and endangered species.
The EPA has regulatory responsibilities with regard to sewage outfalls and ocean dumping. EPA has delegated discharge permitting authority to the State government.
The Corps of Engineers grant permits that are based on EPA guidelines for the discharge of dredged materials into State waters and the waters beyond. The Corps also issues permits for construction, excavation or fill in any navigable waters of the United States.
The United States Army and Navy both conduct military training activities in the proposed Sanctuary area.
4. State, regional and local agencies
The Monterey Bay area already has an infrastructure for coastal resource management and numerous personnel with enforcement training as well as wide experience with the resources and user groups within the proposed Sanctuary area. In general NOAA will work closely within the existing administrative framework of State, regional and local resource management agencies such as the State of California's Resources Agency, which is responsible for the management and enforcement at the variety of State parks, beaches, refuges and reserves. Other California state agencies with existing jurisdiction in the area of Monterey Bay are: the Coastal Commission, the Regional Water Quality Control Board, the State Lands Commission, the Air Resources Board and the Historical Resources Commission.
It is NOAA's intent to work closely with the State to ensure full Federal-State cooperation and to coordinate the Sanctuary program effectively with the existing State administrative framework. This cooperation will involve the formalization of Cooperative Agreements, Memoranda of Understanding and deputization of officials, if necessary, for enforcement purposes.
NOAA will also cooperate with regional organizations such as the Association of Monterey Bay Area Governments (AMBAG), local fishery organizations and Harbor Masters as well as with the Cities of Monterey, Santa Cruz and Moss Landing.
To facilitate the administrative procedures regarding certification/approval of leases, licenses, permits, approvals, rights or other authorizations (as described above, Part II, Section III, B.2. Designation Document and Regulations), NOAA intends to work closely with the owners or holders of, or applicants for, leases, licenses, permits, approvals, rights or other authorizations as well as with the appropriate issuing agencies. The Sanctuary Manager will also work with AMBAG to receive notices of activities that may affect the proposed Sanctuary. For example, the AMBAG Regional Metropolitan Clearinghouse for activities of regional significance would serve to assist in establishing increased local government involvement with the proposed Sanctuary.
B. Resource Protection: Roles and Responsibilities
1. Sanctuaries and Reserves Division
(a) Approves priorities for funding for resource protection and monitors and maintains a record of research activities within the Sanctuary;(b) Monitors the effectiveness of interagency agreements for surveillance and enforcement and negotiates changes where required;
(c) Develops contingency and emergency-response plans and, based on these plans, negotiates applicable interagency agreements;
(d) Monitors the effectiveness of existing Sanctuary regulations and promulgates changes where necessary; and
(e) Coordinates efforts to protect and manage Sanctuary resources and qualities with other Federal, state, regional and local agencies and with public and private organizations as well.
2. Sanctuary Manager
(a) Recommends to the SRD priorities for allocating funds annually to resource protection, considering the advice of the SAC to ensure consistency with Sanctuary regulations and provide adequate resource protection;(b) Assists in the coordination of surveillance and enforcement activities by providing liaison with the Federal, state, regional and local agencies;
(c) Reports regularly to the SRD on surveillance and enforcement activities, violations, and emergencies;
(d) Provides information for use in training Sanctuary enforcement personnel;
(e) Monitors and evaluates research activities within the Sanctuary, and the adequacy of emergency-response plans and procedures in the Sanctuary;
(f) Maintains a record of research activities within the Sanctuary, and emergency events (e.g., oil spills) in and around the Sanctuary; and
(g) Evaluates overall progress toward the resource protection objectives of the Sanctuary program and prepares semi-annual and bi-monthly progress reports highlighting activities for the SRD.
3. Sanctuary Advisory Committee
(a) Advises the Sanctuary Manager on the effectiveness of interagency agreements for surveillance and enforcement and;(b) Advises the Sanctuary Manager on the effectiveness of the Sanctuary regulations in providing adequate resource protection.
4. Federal Agencies
(a) USCG holds broad responsibility for enforcing all Federal laws throughout the Sanctuary.(b) USCG assists NOAA in the enforcement of Sanctuary regulations.
(c) USCG provides on-scene coordination and Regional Response Center facilities under the National Contingency Plan for the removal of oil and hazardous substances in the event of a spill that threatens the Sanctuary.
(d) NMFS works with the CDF&G, under the Magnuson Fishery Conservation and Management Act (MFCMA), on approving and enforcing Fishery Management Plans (FMPs) prepared by regional fishery management councils to ensure protection of fishery resources.
(e) NMFS shares responsibility with the FWS for implementation of the Marine Mammal Protection Act and the Endangered Species Act to prevent taking of any endangered, threatened or otherwise depleted species.
(f) EPA has regulatory responsibilities with regard to sewage outfalls (under the Clean Water Act via National Pollutant Discharge Elimination System (NPDES) Permits), and ocean dumping (under Title I of the Marine Protection, Research, and Sanctuaries Act) to protect water quality.
(g) The Corps of Engineers (COE) grants permits that are based on EPA guidelines for the discharge of dredged materials into State waters and the waters beyond. Pursuant to the Rivers and Harbors Act, a permit must be obtained from the COE prior to any construction, excavation or fill activities in any navigable waters of the United States (33 U.S.C. 403). The COE may refuse to issue permits on the basis of a threat to navigation or potential adverse effects on living marine resources.
5. State, regional and local agencies
(a) California Department of Fish and Game (CDF&G) is responsible for managing living resources and enforcement of state laws and regulations.(b) CDF&G is deputized to enforce specific federal laws throughout the Sanctuary (e.g., the Endangered Species Act, MFMCA).
(c) CDF&G and California Department of Parks and Recreation (CDP&R) evaluate progress towards management objectives for resource protection and adjust annual priorities accordingly. (d) CDP&R has established an Underwater Parks Program which is managed in conjunction with CDF&G to protect special marine resources and water-based recreational values in ocean waters within state jurisdiction.
(e) CDP&R is responsible along with the U.S. Forest Service for the management of the Los Padres National Forest.
(f) CDF&G and CDP&R monitors the effectiveness of State regulations within the Sanctuary and considers recommended changes to the State regulations through the State Legislature and Governor of California's Office.
(g)CDF&G monitoring and surveillance of fisheries resources (populations) through port sampling and marine contamination through mussel watch program.
(h)CDF&G provides on-scene coordination of State clean-up response in the event of an accidental spill of oil or hazardous materials which threaten the State's fish and wildlife resources.
(i) California Coastal Commission (CCC) under the California Coastal Act of 1976 establishes a comprehensive set of specific policies and issues permits for the protection of coastal resources and the management of orderly economic development throughout the coastal zone.
(j) The State Lands Commission (SLC) has jurisdiction over all state owned lands and submerged lands. SLC has adopted regulations for the protection and use of public trust lands in the coastal zone.
(k) State Water Resource Control Board (SWRCB) and the nine regional water quality control boards (RWQCB) have primary authority for regulating water quality in California. The authority to administer the NPDES permits has been delegated by EPA to the SWRCB and by the State to the Regional boards.
(l) The California Air Resources Board (ARB) is charged with the maintenance and enhancement of the ambient air quality of the State. The ARB has set air quality standards designed to meet National Ambient Air Quality Standards and delegated their implementation to local Air Pollution Control Districts (APCDs).
(m) California Historical Resources Commission is the State agency responsible for the preservation of representative and unique archaeological, paleontological, and historical sites in the land and water areas of the state.
(n) AMBAG, a council of governments with volunteer membership, includes membership from Monterey and Santa Cruz counties, 15 cities and Fort Ord, representing the collective interest of the region for the protection of Monterey Bay and its unique coastal and ocean resources.
C. Research: Roles and Responsibilities
1. Sanctuaries and Reserves Division
(a) Reviews annual Sanctuary Research Plan's (SRP's) for each Sanctuary;(b) Prepares an annual National Research Plan (NRP) and budget, based on the SRP's of individual Sanctuaries and in accordance with priorities determined at the National level;
(c) Sets dates for procurement based on the NRP;
(d) Administers interagency agreements for cooperative funding for research;
(e) Reviews all interim and final research reports submitted by the Sanctuary Manager; and
(f) Issues permits for research activities, considering the recommendations of the Sanctuary Manager, to ensure consistency with Sanctuary regulations and provide additional technical review where necessary.
2. Sanctuary Manager
(a) Recommends generic areas of research to resolve management issues and prepares assessments of research needs and priorities based on management requirements and research continuity;(b) Develops and implements the Sanctuary Research Plan (SRP);
(c) Reviews research documents and progress reports submitted by contractors;
(d) Coordinates research and monitoring activities in the Sanctuary in cooperation with the SRD, the SAC and other interested agencies or parties; and
(e) Coordinates and oversees the on-site process for reviewing, recommending for approval, monitoring and research proposals and permit requests, considering the views of the SRD, the Sanctuary Advisory Committee, concerned individuals and interest groups and submits recommendations to SRD on the issuance of Sanctuary research permits.
3. Sanctuary Advisory Committee
(a) Advises the Sanctuary Manager on review of research proposals, interim, and final reports;(b) Advises the Sanctuary Manager on proposals for research in the Sanctuary;
(c) Advises the Research Coordinator and the Sanctuary Manager on priority research needs; and
(d) Advises the Sanctuary Manager on the issuance of research permits.
D. Education: Roles and Responsibilities
1. Sanctuaries and Reserves Division
(a) Reviews and approves the list of annual priorities for education and the annual education budget prepared by the Sanctuary Manager;(b) Reviews and approves design proposals for all educational facilities;
(c) Reviews all educational materials prepared for the Sanctuary;
(d) Evaluates progress toward accomplishing objectives for education and adjusts long-term priorities accordingly; and
(e) Issues Sanctuary education permits, considering the recommendations of the Sanctuary Manager, to ensure compliance with Sanctuary regulations and provide additional technical review where necessary.
2. Sanctuary Manager
(a) Recommends annually to the SRD a list of priorities and an annual budget for education;(b) Prepares and circulates as required Requests For Proposals (RFP) for educational projects;
(c) Supervises the design and production of educational materials and facilities for the Sanctuary;
(d) Provides training for State staff assigned to the Sanctuary;
(e) Encourages local and regional organizations to participate in Sanctuary education;
(f) Disseminates information about the National Marine Sanctuary Program and the Sanctuary; and
(g) Oversees the development of any facilities constructed for the Sanctuary, reviews site analyses and design specifications, makes recommendations as to construction and maintenance contracts, and performs similar tasks and submits recommendations to SRD, on the issuance of Sanctuary education permits, considering the recommendations of the SAC; and oversees permitted education activities.
3. Sanctuary Advisory Committee
(a) Advises the Sanctuary Manager, in raising public awareness of the Sanctuary and advises on the development of a local constituency by means of brochures, presentations, structured events articles for publication, and other activities consistent with the management plan;(b) Advises the Sanctuary Manager on how to establish and operate combined Monterey Bay National Marine Sanctuary-Elkhorn Slough NERR information and education facilities to increase public awareness and appreciation of the resources and qualities of the Sanctuary; and
(c) Advises the Sanctuary Manager on the issuance of education permits.
E. General Administration: Roles and Responsibilities
1. Sanctuaries and Reserves Division
(a) Ensures that the Sanctuary is operated in a manner consistent with established National program policies and with applicable National and international laws and provides guidance to the Sanctuary Manager;(b) Identifies, analyzes, and resolves Sanctuary management problems and issues;
(c) Formulates comprehensive, long-term management plans for the Sanctuary and revises the management plan as necessary;
(d) Directs and assists the Sanctuary Manager in the implementation of the management plan;
(e) Coordinates Sanctuary management with other Federal and State agencies and private organizations;
(f) Evaluates the effectiveness of Sanctuary management and regulatory measures;
(g) Prepares a program budget for the Sanctuary;
(h) Provides funding for overall Sanctuary management and administration;
(i) Issues national marine sanctuary permits containing terms and conditions deemed appropriate (including research and education permits, see above), considering the recommendations of the Sanctuary Manager, to conduct an activity otherwise prohibited by the Sanctuary regulations if the activity will have only negligible, short-term adverse effects on Sanctuary resources and Sanctuary qualities and will: further the educational, natural or historical resource value of the Sanctuary; further salvage or recovery operations in or near the Sanctuary in connection with a recent air or marine casualty; assist in managing the Sanctuary; or further salvage or recovery operations in connection with an abandoned shipwreck in the Sanctuary title to which is held by the State of California;
(j) Submits recommendations for OCRM certification, with terms and conditions deemed necessary to achieve the purposes for which the Sanctuary was designated, of pre-existing leases, licenses, permits, approvals, or other authorizations, considering the recommendations of the Sanctuary Manager, to conduct a prohibited activity; and
(k) Submits recommended terms and conditions for OCRM approval deemed necessary to protect the Sanctuary resources and qualities on applications for leases, licenses, permits, approvals, or other authorizations (or objects to issuance of such authorizations), considering the recommendations of the Sanctuary Manager, to conduct a prohibited activity.
2. Sanctuary Manager
(a) Coordinates on-site efforts of all parties involved in Sanctuary activities, including State, Federal, local and regional agencies, Elkhorn Slough NERR and the public;(b) Reviews the management plan periodically and recommends changes to the SRD as needed;
(c) Assists the SRD in preparing the annual budget for the Sanctuary;
(d) Oversees day-to-day operation of the Sanctuary, including administrative functions such as bookkeeping, purchasing and keeping records of visitor activities;
(e) Supervises Sanctuary staff and other personnel, including enforcement and interpretive employees assigned to the Sanctuary;
(f) Represents the Sanctuary viewpoint on local issues and at public forums;
(g) Submits recommendations to SRD on criteria and terms and conditions for National Marine Sanctuary permits, certifications and applications for leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity.
3. Federal, State, Local and Regional Agencies
(a) Assist in the preparation and implementation of a comprehensive, long-term management plan for the proposed Sanctuary;(b) Assist in the periodic review of the management plan; and
(c) Appropriate issuing agency assists in the development of criteria and terms and conditions for certifications/approvals for leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity.
4. Sanctuary Advisory Committee
(a) Advises on the specific plans for Sanctuary developments;(b) Advises on all proposals for activities within the Sanctuary;
(c) Advises SRD and the appropriate Federal, State or local government on proposed actions, plans and projects in areas outside the Sanctuary but affecting the Sanctuary;
(d) Enhances communication and cooperation among all interests involved in the Sanctuary;
(e) Advises on rules and conditions for all forms of public recreation;
(f) Advises on an overall plan for the use, development and maintenance of Sanctuary lands and building; and
(g) Advises the Sanctuary Manager on recommendations to SRD on criteria and terms and conditions for National Marine Sanctuary permits and certifications/approvals of leases, licenses, permits, approvals, other authorizations, or rights to conduct a prohibited activity.
F. Staffing Levels
Depending on the budget and personnel assigned to the Monterey Bay National Marine Sanctuary upon designation, staffing would include a NOAA manager, an assistant manager, administrative assistant, research coordinator, education coordinator and a joint position of an interpreter/enforcement official. Specialists in the fields of water quality and existing discharge permit procedures will also be necessary to assist with Sanctuary management of discharges into the proposed Sanctuary or outside but entering the proposed Sanctuary. Sanctuary staff will work closely with the USCG, NMFS and other State and Federal agencies in providing enforcement and surveillance in the area of the proposed Sanctuary. The need for additional staff will be determined during the first two years of operation.
G. Headquarters and Visitor Center Facilities
Sanctuary headquarters and administrative offices will be established at a suitable location within the Monterey Bay region. Areas being considered include the Cities of Monterey, Moss Landing and Santa Cruz
Part V Table of Contents