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Part
V Table of Contents
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
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