RPVCCA_SR_2010_08_03_13_Marine_Life_Protection_Act_UpdateCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM:CAROLYNN PETRU,DEPUTY CITY MANAGER<q)
DATE:AUGUST 3,2010
SUBJECT:MARINE LIFE PROTECTION ACT UPDATE
REVIEWED BY:CAROLYN LEHR,CITY MANAGER ~
Project Manager:Sara Singer,Senior Administrative Analyst tiff!?
RECOMMENDATION
1)Receive and file the Marine Life Protection Act Update report;and,
2)Direct staff to analyze the Draft Environmental Impact Report once it is released and
provide a report to the City Council with recommended comments on the document.
BACKGROUND
In 1999 the legislature approved,and the Governor signed,the Marine Life Protection Act
(MLPA;Stats.1999,Chapter 1015).In determining the need for the act,the legislature
concluded that "California's marine protected areas were established on a piecemeal basis
rather than according to a coherent plan and sound scientific guidelines.Many of these
marine protected areas (MPAs)lack clearly defined purposes,effective management
measures and enforcement.As a result,the array of MPAs creates the illusion of
protection while falling short of its potential to protect and conserve living marine life and
habitat."In August 2004,the California Natural Resources Agency,the Department of Fish
and Game,and the Resources Legacy Fund Foundation launched an effort to implement
the MLPA.The present MPLA efforts have incorporated regional stakeholder concerns
and the best available scientific information regarding the role of MPAs in conserving
biological diversity,protecting habitats,aiding in the recovery of depleted fisheries,and
promoting recreation,study,and education.The MLPA has been broken down into five
study regions:the north coast region,north central coast region,the San Francisco Bay
region,the central coast region and the south coast region.
The California Fish and Game Commission will be the lead agency reviewing and
potentially adopting proposed regulations for MPAs in State waters within the Southern
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MARINE LIFE PROTECTION ACT UPDATE
August3,2010
Page 2
California coast region.Pursuant to the requirements of the California Environmental
Quality Act (CEQA),the Department of Fish and Game has prepared a CEQA Draft
Environmental Impact Report (DEIR)regarding the proposed project.
The proposed project being reviewed in this document is the MLPA South Coast Study
Region (SCSR)which is a component of the statewide network of MPAs as required by the
Marine Life Protection Act.For the purpose of this project,the SCSR is defined as State
waters between Point Conception (Santa Barbara County)and the California border with
Mexico (San Diego County).The area in Rancho Palos Verdes affected by this proposal
includes the waters around Point Vicente and Abalone Cove.The area around Rocky
Point in Palos Verdes Estates would also be impacted by some of the proposals.
DISCUSSION
The planning process to implement the MLPA in the SCSR was conducted pursuant to the
MLPA Master Plan for MPAs.Over an 18 month period,the Marine Life Protection Act
Blue Ribbon Task Force (BRTF)worked with the Regional Stakeholder Group,Science
Advisory Team,and the public to develop proposals for MPAs between Point Conception
and the California/Mexico border.Four proposals were developed in November 2009,and
out of these proposals an integrated preferred alternative proposal was developed and
recommended by the BRTF to the California Fish and Game Commission.The
Commission has publicly stated that they are in support of the integrated preferred
alternative proposal which would expand the boundaries of the existing Abalone Cove
State Marine Park (SMP)westward to Long Point,would change the SMP designation to
State Marine Conservation Area (SMCA),therefore greatly restricting the "take"provision
by prohibiting "hook and line"fishing;and would create a Point Vicente State Marine
Reserve (SMR)extending from Long Point around Point Vicente to and including PVIC,
within which the taking of all marine resources would be prohibited.This would prohibit all
fishing from the existing Point Vicente Fishing Access.
A public scoping session on the DEIR was held on July 23,2010 in Long Beach,and the
comments received will be included in the final DEIR document which will be released at
the end of August.Public comments can be submitted to the Fish and Game Commission
upon release of the DEIR.Please see the chart below which illustrates the impacts on the
City of Rancho Palos Verdes of the various proposals analyzed in the DEIR:
Marine Protected Area (MPA)Designations
SMP:
SMCA:
State Marine Park would prohibit the taking of any living marine resources
except the recreational take of finfish,invertebrates except for rock scallops
and mussels,and the harvest of giant kelp by hand.
State Marine Conservation Area would prohibit the taking of any living marine
resources except:1)Recreational take of Pelagic finfish,Pacific bonito,and
White seabass (spear)and Market squid (dip net).2)Commercial take of
Pacific bonito,Coastal pelagic finfish,and Market squid (pelagic round haul
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MARINE LIFE PROTECTION ACT UPDATE
August 3,2010
Page 3
nets),Market squid (dip net),and Swordfish (harpoon).
SMR:State Marine Reserve would prohibit the taking of any living marine
resources.
Abalone Cove SMP Point Vicente Palos Verdes
(Rocky Point)
Proposal 1 Remove existing SMP.No change proposed.Proposed new Palos
Verdes SMR.
Modify boundaries and Proposed new PointProposal2replaceexistingSMPwithVicenteSMR.No change proposed.
Abalone Cove SMCA.
Proposal 3 Remove existing SMP.Incorporate into proposed Proposed new Palos
new Palos Verdes SMR.Verdes SMR.
Proposal 4 Do nothing.No impact.Do nothing.No impact.Do nothing.No impact.
Integrated Replace and expand Proposed new PointPreferredexistingSMPwithAbalone No change proposed.
Alternative Cove SMCA.Vicente SMR.
Due to the color and scale of the maps illustrating the proposed MPAs,these will be
provided and explained to the City Council during staff's presentation.
CONCLUSION
The Integrated Preferred Alternative would significantly change existing recreational and
commercial fishing opportunities along the City's coastline from Point Vicente to Abalone
Cove.Although the exact impacts cannot be determined at this time,staff recommends
completing an analysis of the DEIR once it is released and providing a report to the City
Council.At the time of staff's presentation,comments from the City Council and the
community can be received and submitted to the California Fish and Game Commission
for consideration.
FISCAL IMPACT
No fiscal impact at this time,although adoption of the final marine protection area
designations may increase the City's enforcement activities along the shoreline,prfmarily
through the Park Rangers.The cost cannot be determined at this time.
Attachments:California Department of Fish and Game MPLA Initiative Definitions
and Acronyms
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California Department of Fish &Game,Marine Life Protection Act Initiative,Definitions and Acronymns Page I of 5
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The following terms are defined in Fish and Game Code (FGC)Section 2852:
Adaptive Management [2852(a)FGC]
"Adaptive management,"with regard to marine protected areas,means a management policy that seeks to improve
management of biological resources,particularly in areas of scientific uncertainty,by viewing program actions as tools for
learning.Actions shall be designed so that,even if they fail,they will provide useful information for future actions,and monitoring
and evaluation shall be emphasized so that the interaction of different elements within marine systems may be better
understood.
Marine Managed Area [36602(d)PRC]
"Marine Managed Area"(MMA)is a named,discrete geographic marine or estuarine area along the California coast designated
by law or administrative action,and intended to protect,conserve,or otherwise manage a variety of resources and their uses.
The resources and uses may include,but are not limited to,living marine resources and their habitats,scenic views,water
quality,recreational values,and cultural or geological resources.General areas that are administratively established for
recreational or commercial fishing restrictions,such as seasonal or geographic closures or size limits,are not included in this
definition.
Marine Protected Area [2852(c)FGC]
"Marine protected area"(MPA)means a named,discrete geographic marine or estuarine area seaward of the high tide line or
the mouth of a coastal river,including any area of intertidal or subtidal terrain,together with its overlying water and associated
flora and fauna that has been designated by law,administrative action,or voter initiative to protect or conserve marine life and
habitat.MPA classifications include marine life reserves (the equivalent of the state marine reserve classification),state marine
parks,which allow recreational fishing and prohibit commercial extraction,and state marine conservation areas,which allow for
specified commercial and recreational activities,including fishing for certain species but not others,fishing with certain practices
but not others,and kelp harvesting,provided that these activities are consistent with the objectives of the area and the goals and
guidelines of this chapter.
MPAs are primarily intended to protect or conserve marine life and habitat,and are therefore a subset of marine managed areas
(MMAs), which are broader groups of named,discrete geographic areas along the coast that protect,conserve,or otherwise
manage a variety of resources and uses,including living marine resources,cultural and historical resources,and recreational
opportunities.Marine managed area classifications include state water quality protection area,state marine cultural preservation
area,and state marine recreational management area.
Marine Life Reserve [2852(d)FGC]
"Marine life reserve,"for the purposes of this chapter,means a marine protected area in which all extractive activities,including
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California Department of Fish &Game,Marine Life Protection Act Initiative,Definitions and Acronymns Page 2 of 5
the taking of marine species,and,at the discretion of the commission and within the authority of the commission,other activities
that upset the natural ecological functions of the area,are prohibited.While,to the extent feasible,the area shall be open to the
public for managed enjoyment and study,the area shall be maintained to the extent practicable in an undisturbed and unpolluted
state.
Fish and Game Code Section 2860 (b)further clarifies permissible activities in "marine life reserves":
"Notwithstanding any other provision of this code,the taking of a marine species in a marine life reserve is prohibited for any
purpose,including recreational and commercial fishing,except that the commission may authorize the taking of a marine species
for scientific purposes,consistent with the purposes of this chapter,under a scientific collecting permit issued by the
department."
Simplified Classification System
In January 2000 the Resources Agency released a report titled "Improving California's System of Marine Managed Areas".The
culmination of an 18-month process involving 11 state agencies and substantial public input,the report contains recommendations for a
simplified classification system for state marine managed areas (MMAs).Marine protected areas are a subset of MMAs;MPAs include
state marine reserves,state marine parks,and state marine conservation areas.Other MMAs (state marine cultural preservation areas,
state marine recreational management areas,and state marine water quality areas)are not a part of the MLPA Initiative.
The following six classifications for designating managed areas in the marine and estuarine environments were established in Public
Resources Code,Section 36700.These became effective January 1,2002 and replace the 18 classifications which were previously
used to categorize state MMAs.Where the term "marine"is used,it refers to both marine and estuarine environments.The regulatory
process to officially change the names of existing MPAs is expected to be completed in December 2004.
The follOWing terms are defined in Public Resources Code (PRC)Section 36700 and 36710:
State Marine Reserve [36700(a)PRC]
A "state marine reserve,"is a non-terrestrial marine or estuarine area that is designated so the managing agency may achieve
one or more of the following:
1.protect or restore rare,threatened or endangered native plants,animals or habitats in marine areas;
2.protect or restore outstanding,representative or imperiled marine species,communities,habitats and ecosystems;
3.protect or restore diverse marine gene pools;or
4.contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for
scientific research in outstanding,representative or imperiled marine habitats or ecosystems.
Restrictions [36710(a)PRC]:it is unlawful to injure,damage,take or possess any living,geological or cultural marine resource,
except under a permit or specific authorization from the managing agency for research,restoration or monitoring purposes.
While,to the extent feasible,the area shall be open to the public for managed enjoyment and study,the area shall be maintained
to the extent practicable in an undisturbed and unpolluted state.Therefore,access and use (such as walking,swimming,boating
and diving)may be restricted to protect marine resources.
Allowable uses [36710(a)PRC]:research,restoration and monitoring may be permitted by the managing agency.Educational
activities and other forms of non-consumptive human use may be permitted by the designating entity or managing agency in a
manner consistent with the protection of all marine resources.
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State Marine Park [36700(b)PRC]
A "state marine park,"is a non-terrestrial marine or estuarine area that is designated so the managing agency may provide
opportunities for spiritual,scientific,educational,and recreational opportunities,as well as one or more of the following:
1.protect or restore outstanding,representative or imperiled marine species,communities,habitats and ecosystems;
2.contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for
scientific research in outstanding,representative or imperiled marine habitats or ecosystems;
3.preserve cultural objects of historical,archaeological and scientific interest in marine areas;or
4.preserve outstanding or unique geological features.
Restrictions [36710(b)PRC]:it is unlawful to injure,damage,take or possess any living or nonliving marine resources for
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California Department of Fish &Game,Marine Life Protection Act Initiative,Definitions and Acronymns Page 3 of 5
commercial exploitation purposes.Any human use that would compromise protection of the species of interest,natural
community or habitat,or geological,cultural or recreational features,may be restricted by the designating entity or managing
agency.
Allowable uses [36710{b)PRC]:all other uses are allowed,including scientific collection with a permit,research,monitoring
and public recreation (including recreational harvest,unless otherwise restricted).Public use,enjoyment and education are
encouraged,in a manner consistent with protecting resource values.
State Marine Conservation Area [36700{c)PRC]
A "state marine conservation area,"is a non-terrestrial marine or estuarine area that is designated so the managing agency may
achieve one or more of the following:
1.protect or restore rare,threatened or endangered native plants,animals or habitats in marine areas;
2.protect or restore outstanding,representative or imperiled marine species,communities,habitats and ecosystems;
3.protect or restore diverse marine gene pools;
4.contribute to the understanding and management of marine resources and ecosystems by providing the opportunity for
scientific research in outstanding,representative or imperiled marine habitats or ecosystems;
5.preserve outstanding or unique geological features;or
6.provide for sustainable living marine resource harvest.
Restrictions [36710(c)PRC]:it is unlawful to injure,damage,take or posses any specified living,geological or cultural marine
resources for certain commercial,recreational,or a combination of commercial and recreational purposes.In general,any
commercial and/or recreational uses that would compromise protection of the species of interest,natural community,habitat or
geological features may be restricted by the designating entity or managing agency.
Allowable uses [36710{c)PRC]:research,education and recreational activities,and certain commercial and recreational
harvest of marine resources may be permitted.
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State Marine Cultural Preservation Area [36700{d)PRC]
A "state marine cultural preservation area,"is a non-terrestrial marine or estuarine area designated so the managing agency may
preserve cultural objects or sites of historical,archaeological or scientific interest in marine areas.
Restrictions [36710{d)PRC]:it is unlawful to damage,take or possess any cultural marine resource.Complete integrity of the
cultural resources shall be sought,and no structures or improvements which conflict with such integrity shall be permitted.
Allowable uses [36710(d)PRC]:no other uses are restricted.
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State Marine Recreational Management Area [36700(e)PRC]
A "state marine recreational management area,"is a non-terrestrial marine or estuarine area designated so the managing
agency may provide,limit or restrict recreational opportunities to meet other than purely local needs while preserving basic
resource values for present and future generations.
Restrictions [36710{e)PRC]:prohibits any activities that would compromise the recreational values for which the area may be
designated.Specified recreational opportunities may be protected,enhanced or restricted,while preserving basic resource
values of the area.
Allowable uses [36710{e)PRC]:no other uses are restricted.
State Water Quality Protection Area [36700(t)PRC]
A "state water quality protection area,"is a non-terrestrial marine or estuarine area designated so the managing agency may
protect marine species,biological communities,or unique or significant resources from an undesirable alteration in natural water
quality.
Restrictions [36710{t)PRC]:prohibits or limits by special conditions point source waste and thermal discharges.Nonpoint
source pollution is controlled to the extent practicable.
Allowable uses [36710{t)PRC]:no other uses are restricted.
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California Department of Fish &Game,Marine Life Protection Act Initiative,Defmitions and Acronymns Page 4 of 5
Back to Top
mmonly Used Acronyms and Abbreviated Terms
Revised January 21,2010
Most Commonly Used
APA:Administrative Procedure Act
ASBS:area of special biological significance
BRTF:MLPA Blue Ribbon Task Force
CEQA:California Environmental Quality Act
DFG:California Department of Fish and Game
DPR:(or State Parks)California Department of Parks and
Recreation
F&GC:California Fish and Game Commission
GIS:geographic information system
I-Team:MLPA Initiative Team (consists of initiative staff,DFG
and DPR staff,and contractors)
lOP:level of protection
MlPA:Marine Life Protection Act
MlPAI:Marine Life Protection Act Initiative (established through
MOU among California Natural Resources Agency,DFG and
RLFF)
MlMA:Marine Life Management Act
MMA:marine managed area
MMAIA:Marine Managed Areas Improvement Act
MOU:memorandum of understanding
MPA:marine protected area
NCRSG:MLPA North Coast Regional Stakeholder Group
NCSR:MLPA North Coast Study Region
RlFF:Resources Legacy Fund Foundation
RSG:MLPA regional stakeholder group
SAT:MLPA Master Plan Science Advisory Team
SIG:MLPA Statewide Interests Group
SMCA:state marine conservation area
SMP:state marine park
SMR:state marine reserve
SMRMA:state marine recreational management area
SCRSG:MLPA South Coast Regional Stakeholder Group
SCSR:MLPA South Coast Study Region
http://www.dfg.ca.gov/mlpa/defs.asp
Other Commonly Used
ARMP:(California)Abalone Recovery and Management Plan
Bay-Delta:San Francisco Bay/Sacramento-San Joaquin Delta
estuary
BCDC:San Francisco Bay Conservation and Development
Commission
BlM:U.S.Bureau of Land Management
Cal/EPA:California Environmental Protection Agency
CBNMS:Cordell Bank National Marine Sanctuary
CCMP:California Coastal Management Program
CCNM:California Coastal National Monument
CCR:California Code of Regulations
CCRSG:MLPA Central Coast Regional Stakeholder Group
CCSR:MLPA Central Coast Study Region
CERES:California Environmental Resources Evaluation System
CINMS:Channel Islands National Marine Sanctuary
CNPCP:California Nonpoint Pollution Control Program
CORMA:California Ocean Resources Management Act
CORMP:California Ocean Resources Management Program
CPUE:catch per unit of effort
CRANE:Cooperative Research and Assessment of Nearshore
Ecosystems Program
CSU:California State University
DWR:(California)Department of Water Resources
EEZ:Exclusive Economic Zone
EIR:environmental impact report
EIS:environmental impact statement
ElPF:Environmental License Plate Fund (California)
ESA:Endangered Species Act (CESA =California,FESA =
federal)
FGC:(California)Fj§Q i:!J:)O Gi:!me.QQQg
FMP:fishery management plan
GFNMS:Gulf of the Farallones National Marine Sanctuary
MARINe:MUlti-Agency Rocky Intertidal Network Marine Region
Marine Region of the California Department of Fish and Game
MBARI:Monterey Bay Aquarium Research Institute
MBNMS:Monterey Bay National Marine Sanctuary
NCEAS:National Center for Ecological Analysis and Synthesis
NCCRSG:MLPA North Central Coast Regional Stakeholder
Group
NCCSR:MLPA North Central Coast Study Region
NEPA:National Environmental Policy Act
NMFS:National Marine Fisheries Service (also known as NOAA
Fisheries)
NMSP:National Marine Sanctuary Program
NOAA:National Oceanic and Atmospheric Administration
OPC:(California)Ocean Protection Council
OSPR:Office of Spill Prevention and Response
PISCO:Partnership for Interdisciplinary Studies of Coastal
Oceans
PFMC:Pacific Fisheries Management Council
PRC:(California)Public Resources Code
PSFMC:Pacific States Fishery Management Commission
ROV:remotely operated vehicle
RWQCB:regional water quality control board
SCCWRP:Southern California Coastal Water Research Project
SCSR:MLPA South Coast Study Region
SFRSG:MLPA San Francisco Bay Regional Stakeholder Group
SFSR:MLPA San Francisco Bay Study Region
SlC:California State lands Commission
SWRCB:State Water Resources Control Board
Title 14:Title 14 of the California Code of RegUlations
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California Department ofFish &Game,Marine Life Protection Act Initiative,Definitions and Acronymns Page 5 of 5
UC:University of California
UC Sea Grant:California Sea Grant College
USC:Sea Grant University of Southern California Sea Grant
Program
U.S.C.:United States Code
U.S.C.A.:United States Code Annotated
USCG:United States Coast Guard
USEPA:United States Environmental Protection Agency
USGS:United States Geological Survey
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