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Tomales Bay Vessel Management Plan

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Tomales Bay Vessel Management Plan TOMALES BAY VESSEL MANAGEMENT PLAN APRIL 2013 U.S. DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION CALIFORNIA STATE LANDS COMMISSION NATIONAL OCEAN SERVICE NATIONAL MARINE SANCTUARY PROGRAM ABOUT THIS DOCUMENT: This document includes two distinct elements: 1) the Tomales Bay Vessel Management Plan (TBVMP), and 2) the accompanying Environmental Assessment/Initial Study (EA/IS) as required by the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The environmental impact assessment portion of the document can be found in Appendix I, directly following the TBVMP, however the EA/IS draws from and refers to the background information and other materials included throughout the TBVMP. This document also includes the proposed Tomales Bay Mooring Program (Appendix V), which provides specific criteria for where moorings are allowed on the bay, introduces mandatory specifications for mooring tackle, and lays out requirements for the inspection and maintenance of moorings. The TBVMP was prepared by Gulf of the Farallones National Marine Sanctuary (GFNMS) and California State Lands Commission (CSLC), in collaboration with the Tomales Bay Interagency Committee (TBIC). The TBIC includes the following agencies: California Coastal Commission California Department of Boating and Waterways California Department of Fish and Wildlife California Department of Public Health California Department of Transportation California State Lands Commission California State Parks Marin County and Marin County Sheriff’s Office NOAA’s Gulf of the Farallones National Marine Sanctuary National Park Service, Point Reyes National Seashore State Water Resources Control Board and Regional Water Quality Control Boards GFNMS and CSLC would like to thank the GFNMS Advisory Council Working Group on Tomales Bay Vessel Management for its contribution to the final recommendations from the GFNMS Advisory Council. This working group consisted of the following participants: Dominique Richard, Chair, GFNMS Advisory Council Colin Smith, National Park Service Nanci Smith, State Lands Commission Tom Moore, Dept. of Fish and Game Jerry Abbot, Inverness Yacht Club Mark Bartolini, Tomales Bay Boaters Association George Clyde, East Shore Planning Group John Finger, Hog Island Oyster Company Fred Smith, Environmental Action Committee of West Marin Gordon Bennett, Sierra Club Willy Vogler, Lawson’s Landing 2 Gene Maffucci, Herring Fishman Skip Vilicich, Marshall Boat Works Jeremy Fisher-Smith, Fisher-Smith Boat Works List of Preparers for the TBVMP: Maria Brown, GFNMS Eric Gillies, CSLC Brad Damitz, GFNMS Cy Oggins, CSLC Miriam Gordon, GFNMS Grace Kato, CSLC Karen Reyna, GFNMS Tim Reed, GFNMS Vicki Wedell, ONMS Theodore W. Beuttler, NOAA Office of General Counsel 3 TABLE OF CONTENTS X I. EXECUTIVE SUMMARY and INTRODUCTION A. PURPOSE AND NEED B. PROCESS FOR DEVELOPING THE TBVMP C. PARTICIPATING AGENCIES D. SCOPE OF THE TBVMP E. IMPLEMENTATION PROCESS FOR THE TBVMP F. SUMMARY OF PROPOSED ACTIONS II. PROPOSED ACTIONS FOR VESSEL MANAGEMENT PLAN A. SEWAGE SERVICES ISSUE STATEMENT PROPOSED ACTIONS B. OIL AND BILGE SERVICES ISSUE STATEMENT PROPOSED ACTIONS C. VESSEL MOORING PROGRAM ISSUE STATEMENT PROPOSED ACTIONS D. BOATER EDUCATION AND OUTREACH ISSUE STATEMENT PROPOSED ACTIONS E. PREVENTING INTRODUCED SPECIES ISSUE STATEMENT PROPOSED ACTIONS III. EXISTING ENVIRONMENTAL CONDITIONS A. PHYSICAL ENVIRONMENT 1. Location of the Proposed Action and Geologic Conditions 2. Physical Environment Introduction 3. Hydrology/Water Quality B. HUMAN ENVIRONMENT 1. Socioeconomics—Vessel Use 2. Vessel moorings 3. Vessel-related Facilities 4. Water-based Recreation 4 5. Aquaculture 6. Recreational and Commercial Fishing 7. Land Use 8. Water Supply and Sewage Treatment C. BIOLOGICAL ENVIRONMENT 1. Biological Environment Introduction 2. Biological Resources—Seagrass 3. Biological Resources—Wildlife 4. Biological Resources—Fish 5. Biological Resources—Special Status Species ADDITIONAL REFERENCES REFERENCES CITED ACKNOWLEDGEMENTS LIST OF FIGURES Figure 1: Map of Proposed Tomales Bay Mooring Zones.….…………………………..41 Figure 2: Tomales Bay Locator Map………………….…..……….…………………….61 Figure 3: Tomales Bay Bathymetry Map …...…...………………………………..…….62 Figure 4: Public Health and Water Quality Protection Mooring Criteria....……….…….65 Figure 5: Existing Moorings in Tomales Bay (from 2006 survey)……………….……..71 Figure 6: Map of Proposed Mooring Zones with Combined Mooring Exclusion Areas and Existing Moorings (from 2006)...….………….………………….…….…75 Figure 7: Shoreline Restroom Facilities………………………………..………….…….79 Figure 8: Public Safety Mooring Criteria Map ………………………..….…….……….82 Figure 9: Natural Resource Protection Mooring Criteria Map…………….…………….95 LIST OF TABLES Table 1: Summary of TBVMP Proposed Strategies and Activities…………….….…….18 Table 2: Tomales Bay Boating Facilities………………………………………….….….80 Table 3: Tomales Bay Aquaculture Production………………………..………….….….87 APPENDICES APPENDIX I: TBVMP ENVIRONMENTAL ASSESSMENT/INITIAL STUDY APPENDIX II: DEFINITIONS APPENDIX III: GOVERNMENT AGENCY JURISDICTION AND REGULATIONS (INCLUDES LIST OF AGENCIES AND PERSONS CONSULTED) APPENDIX IV: GFNMS ADVISORY COUNCIL RECOMMEDATIONS APPENDIX V: TOMALES BAY MOORING PROGRM APPENDIX VI: TOMALES BAY GIS PROJECT LAYER DESCRIPTIONS APPENDIX VII: MOORING ANCHOR PULL TEST REPORT 5 I. LIST OF ABBREVIATIONS AND ACRONYMS JURIS ULATION AWAF Abandoned Watercraft Abatement Fund BMP Best Management Practice CalTrans California Department of Transportation CCC California Coastal Commission CDFW California Department of Fish and Wildlife CDBW California Department of Boating and Waterways CDP Coastal Development Permit CDPH California Department of Public Health CEQA California Environmental Quality Act CFR Code of Federal Regulations CMSP Coastal and Marine Spatial Planning CSLC California State Lands Commission CSP California State Parks CWA Clean Water Act EFH Essential Fish Habitat GGNRA Golden Gate National Recreation Area GFNMS Gulf of the Farallones National Marine Sanctuary GIS Geographic Information System MP Tomales Bay Mooring Program MPN Most Probable Number MPWC Motorized Personal Watercraft 6 MSD Marine Sanitation Device NCDEM North Carolina Department for Environmental Management NDZ No-Discharge Zone NEPA National Environmental Policy Act NMSA National Marine Sanctuaries Act NOAA National Oceanic and Atmospheric Administration NPS National Park Service NSSP National Shellfish Sanitation Program OLE NOAA, Office of Law Enforcement ONMS NOAA, Office of National Marine Sanctuaries PRNS Point Reyes National Seashore RWQCB Regional Water Quality Control Board SWRCB State Water Resources Control Board TBIC Tomales Bay Interagency Committee TBVMP Tomales Bay Vessel Management Plan TBWC Tomales Bay Watershed Council TBSP Tomales Bay State Park TMDL Total Maximum Daily Load USCG United States Coast Guard U.S. EPA United States Environmental Protection Agency 7 I.I. EXECUTIVE SUMMARY AND INTRODUCTION A. PURPOSE AND NEED Traditionally, vessel use has played an important role throughout the modern history of Tomales Bay, for both commercial and recreational purposes—and boating continues to be a popular activity for residents and visitors to the bay. Boats were identified as one of several sources of pollution causing Tomales Bay to be listed as an impaired water body under the U.S. Clean Water Act, due to pathogens from discharge of human waste (San Francisco Bay RWQCB, 2005). Because of these potential adverse impacts the need for a proactive plan was recognized to ensure that boating activities do not adversely affect the bay. Accordingly, the Tomales Bay Draft Vessel Management Plan (TBVMP) was developed as the result of a long-term multi-agency effort to streamline and coordinate vessel management activities for the benefit of the public. It was developed by National Oceanic and Atmospheric Administration’s (NOAA) Gulf of the Farallones National Marine Sanctuary (GFNMS) staff and the California State Lands Commission (CSLC) staff in collaboration with nine other local, state and federal agencies with jurisdiction in Tomales Bay collectively known as the Tomales Bay Interagency Committee (TBIC). The purpose of the TBVMP is to improve water quality, protect wildlife and habitat, protect public health and ensure recreational opportunities in Tomales Bay. The TBVMP is needed in order to prevent environmental degradation related to vessel sewage, bilge water, waste oil, vessel moorings, and introduced species. Additionally, the TBVMP is needed because of a San Francisco Regional Water Quality Control Board (RWQCB) requirement to develop a multi-agency precautionary plan addressing pollution from pathogens due to discharge of human waste from boats. The RWQCB’s Water Quality Control Plan, San Francisco Bay Region (Basin Plan) specifies required implementation measures necessary to protect and restore beneficial uses of the bay. One of these implementation measures requires the Regional Board to: “coordinate with participating agencies and rely on their interests and authority to develop and implement a Tomales Bay boating management plan that includes: evaluation of existing moorings and water quality impacts; permitting and enforcement procedures to ensure compliance with applicable mooring requirements and to ensure no sewage discharge from boats” (San Francisco Bay RWQCB, 2005). GFNMS has been vested with the authority, in accordance with the National Marine Sanctuaries
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