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Fish and Game Commission REGULATORY AGENCY ACTION allowed to continue tankering shipments area does not qualify for ecological re- liability owed to the state of California by (about one tanker trip per week) until Jan- serve status for harbor seals because they leaking storage tank owners who have de- uary 1, 1996. After that date, Chevron and are neither endangered nor threatened and clared bankruptcy. The Commission de- the other offshore oil producers near Santa do not depend upon habitat of Seal Rock nied Hill's petition, simultaneously assert- Barbara (Texaco and Exxon) will have to for their survival; and other less restrictive ing that it lacks authority to adopt the ship the oil by pipeline. From a group of alternatives are available to discourage proposed regulations because the dis- pipeline alternatives (including construc- public disturbance of seals when they charge of liquid waste that will or could tion of a new pipeline), the oil producers "haul out" onto the rock. However, based affect the quality of the surface or under- have selected the existing All American on expert testimony that the area may be ground water resources of the state is pri- Pipeline Company (AAPC); Commission a rookery and the public's presence may marily within the jurisdiction of the Water staff reported that the implementation of adversely impact seals during breeding Resources Control Board, and that the the AAPC alternative would require con- season, the permit prohibits swimming, proposed regulations would duplicate ex- necting a final segment of pipeline to the body surfing, snorkeling, scuba diving, isting Coastal Commission authority al- refineries in Los Angeles. The oil produc- tidepool viewing, and other recreational ready contained in the Coastal Act and the ers are still analyzing the construction cost activities within the reserve area during a Commission's regulations. The Commis- of this additional section of pipeline. five-year period. Permit conditions re- sion also stated that it lacks the financial At its November 16 meeting in San quire the City of San Diego to submit resources necessary to administer the pro- Diego, the Commission voted 6-0 to annual monitoring reports, including re- posed regulations. adopt revised findings and conditions in sults of studies on the behavior and breed- At its December 16 meeting, the Com- support of its April 1993 approval of a ing habits of the harbor seals and whether mission postponed a final ruling on a pro- permit for an 83-lot residential subdivi- a rookery exists within the limits of the posed project to build a state-of-the-art sion, a golf course, habitat preserves, proposed marine reserve; obtain approval seawall to protect six blufftop homes in parks, and trails in Rancho Palos Verdes. from the State Lands Commission that the Encinitas, saying it wanted more property [13:2&3 CRLR 184] The major issue fac- proposed five-year marine mammal re- owners involved and a more comprehens- ing the Commission was the project's con- serve is consistent with applicable tide- ive plan developed to protect both the formance with the provisions of the City lands grants and the public trust; and sub- upper and lower portions of the 100-foot- of Rancho Palos Verdes' LCP and the pub- mit plans indicating the proposed reserve high bluff. Although the Commission and lic access and recreation policies of the area does not include any sandy beach its planning staff acknowledged the needs Coastal Act. These issues were compli- areas and is confined solely to open of property owners to protect their homes, cated by the presence of a threatened spe- coastal waters and offshore areas. they expressed reluctance to approve dis- cies, the California gnatcatcher, and ex- At its November 19 meeting, the Com- contiguous walls with several end points, tensive testimony regarding the history of mission conditionally approved the City which can do more damage to a bluff than public use of the property. The Commis- of Dana Point's permit application to re- having no seawall at all. sion heard evidence regarding the eco- move 44,000 tons of debris resulting from nomic viability of the project, the design a February 1993 landslide that covered a * FUTURE MEETINGS constraints of a championship-level pub- 300-foot stretch of Pacific Coast High- May 10-13 in Los Angeles. lic golf course, the extent of public rights way, and build a caisson retaining wall June 7-10 in Monterey. on the property, and the value and location 300 feet long and 25 feet high to prevent July 12-15 in Huntington Beach. of the habitat on the property. In adopting additional landslide material from falling August 9-12 in Long Beach. its revised findings, the Commission also onto the highway. In addition to the high- September 13-16 in Eureka. took note of the applicants' plans to pro- way blockage in Dana Point, the landslide vide public access and amenities, to re- also damaged five homes in San Cle- store twenty acres of vegetation on the mente. Resolution of the problem thus FISH AND GAME adjoining county-owned Shoreline Park, involved two separate planning processes protect existing public access on that park, and jurisdictions. For the landslide portion COMMISSION and restore ten acres of a 95-acre publicly within the City of Dana Point, the City Executive Director: dedicated landslide area just inland of the issued a coastal development permit, Robert R. Treanor coastal zone. Environmentalists at the which was subsequently appealed to the (916) 653-9683 meeting stated that the Commission ap- Coastal Commission. For the landslide proved the permit without fully examining portion within the City of San Clemente, Tjhe Fish and Game Commission (FGC), the environmental and public access as- the City of Dana Point applied directly to created in section 20 of Article IV of pects that were part of the record. the Coastal Commission for a coastal de- the California Constitution, is the At its November 18 meeting, the Com- velopment permit because the City of San policymaking board of the Department of mission approved a controversial coastal Clemente does not have a certified LCP. Fish and Game (DFG). The five-member development permit, with special condi- Also at its November meeting, the body promulgates policies and regulations tions, to establish a temporary 1.41-acre Commission considered a petition for consistent with the powers and obligations marine mammal reserve encompassing rulemaking filed by San Diego resident conferred by state legislation in Fish and Seal Rock in La Jolla and the surrounding Charles Hill. The petition asked the Com- Game Code section 101 et seq. Each mem- open waters extending easterly to the toe mission to adopt regulations which would ber is appointed by the Governor to a of the coastal bluffs, including a small part prohibit the discharge of toxic substances six-year term. Whereas the original char- of Shell Beach. Commission staff recom- or waste from storage tanks at energy fa- ter of FGC was to "provide for reasonably mended that the Commission deny the cilities (e.g., gas stations) within the structured taking of California's fish and permit, contending that the proposed de- coastal zone, require the Commission to game," FGC is now responsible for deter- velopment interferes with the public's assess damage to the coastal zone caused mining hunting and fishing season dates right of access to the sea; the Seal Rock by leaking storage tanks, and calculate the and regulations, setting license fees for California Regulatory Law Reporter • Vol. 14, No. I (Winter 1994) 14 REGULATORY AGENCY ACTION fish and game taking, listing endangered December 8 formally endorsed the Wilson The federal government's adoption of and threatened species, granting permits administration's Natural Communities the rule reflects a new "partnership" be- to conduct otherwise prohibited activities Conservation Planning (NCCP) pilot proj- tween the state and federal governments (e.g., scientific taking of protected species ect, which is being implemented by DFG in on sensitive environmental issues. Babbitt for research), and acquiring and maintain- conjunction with local jurisdictions and the called the NCCP program "a precedent- ing lands needed for habitat conservation. federal government to preserve the coastal setting experiment" and stated, "The alter- FGC's regulations are codified in Division sage scrub (CSS) habitat of the California native is a train wreck that results in stale- I, Title 14 of the California Code of Reg- gnatcatcher. [13:4 CRLR 188; 13:2&3 mate and no development, and ten years ulations (CCR). CRLR 188] of litigation like we've had in the forests Created in 1951 pursuant to Fish and The NCCP program (which is codified of the Pacific Northwest." Game Code section 700 et seq., DFG man- at Fish and Game Code section 2800 et In other NCCP program news, 33 local ages California's fish and wildlife re- seq.) is designed to be a voluntary, nego- jurisdictions and 39 major private land- sources (both animal and plant) under the tiated, consensus-driven alternative to the owners have enrolled over one million direction of FGC. As part of the state sometimes harsh consequences of the list- CSS acres in the NCCP program as of Resources Agency, DFG regulates recrea- ing of a species as endangered or threat- December 15. At this writing, DFG's tional activities such as sport fishing, ened under the federal Endangered Spe- NCCP staff is monitoring the mitigation hunting, guide services, and hunting club cies Act (ESA) or the California Endan- measures being discussed by the local, operations. The Department also controls gered Species Act (CESA). The goals of state, and federal governments in response commercial fishing, fish processing, trap- the program are to encourage long-term to the wildfires which scorched southern ping, mining, and gamebird breeding.
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