STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR CALIFORNIA COASTAL COMMISSION ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY DIVISION 45 FREMONT STREET SUITE 2000 SAN FRANCISCO, CALIFORNIA 94105-2219 (415) 904-5200 FAX (415) 904-5400 WWW.COASTAL.CA.GOV W12

Prepared May 30, 2018 (for the June 06, 2018 Hearing)

To: Commissioners and Interested Parties From: Alison Dettmer, Deputy Director Subject: Energy, Ocean Resources and Federal Consistency Division Deputy Director's Report for June 2018

The following coastal development permit (CDP) waivers, immaterial CDP amendments, CDP extensions, emergency CDPs, and negative determinations for the Energy, Ocean Resources and Federal Consistency Division are being reported to the Commission on June 06, 2018. Pursuant to the Commission’s procedures, each item has been appropriately noticed as required, and each item is also available for review at the Commission’s office in San Francisco. Staff is asking for the Commission’s concurrence on the items in the Energy, Ocean Resources and Federal Consistency Division Deputy Director’s report, and will report any objections received and any other relevant information on these items to the Commission when it considers the report on June 6th.

With respect to the June 6th hearing, interested persons may sign up to address the Commission on items contained in this report prior to the Commission’s consideration of this report. The Commission can overturn staff’s noticed determinations for some categories of items subject to certain criteria in each case (see individual notices for specific requirements).

Items being reported on June 06, 2018 (see attached)

Waivers • 9-18-0246-W, Abalone Barge Mooring (Mooring 168, Monterey Bay Outer Harbor, Monterey)

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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR

CALIFORNIA COASTAL COMMISSION ENERGY, OCEAN RESOURCES AND FEDERAL CONSISTENCY DIVISION 45 FREMONT STREET SUITE 2000 PH (415) 904-5200 FAX (415) 904-5400 WWW.COASTAL.CA.GOV

May 25, 2018

Coastal Development Permit De Minimis Waiver Coastal Act Section 30624.7

Based on the project plans and information provided in your permit application for the development described below, the Executive Director of the Coastal Commission hereby waives the requirement for a Coastal Development Permit pursuant to Section 13238.1, Title 14, California Code of Regulations. If, at a later date, this information is found to be incorrect or the plans revised, this decision will become invalid; and, any development occurring must cease until a coastal development permit is obtained or any discrepancy is resolved in writing.

Waiver: 9-18-0246-W

Applicant: Pacific Abalone Farms, Gary Russell

Location: Mooring 168, Monterey Bay Outer Harbor, Monterey

Proposed Development: After-the-fact authorization for the mooring of a 20' by 50' raft on Mooring No. 168 in the outer harbor of Monterey Bay for use as a red abalone aquaculture facility. Approximately 20,000 red abalone are grown in a series of 16 plastic cages attached to the underside of the raft. Giant kelp is used for a feedstock for the abalone and is harvested by hand roughly 1/2 mile away from the harbor under a collecting permit issued by the California Department of Fish and Wildlife.

Rationale:

o The cultivation raft uses an existing mooring location in Outer Monterey Harbor approved by the City of Monterey and has been in place continually since 1992. o The cultivation raft and associated moorings and tackle would be inspected on an annual basis with inspection reports submitted to the City of Monterey and Commission staff for review. o All maintenance and repair issues identified through these annual inspections would be immediately addressed. o The abalone raft’s mooring system is installed within an area of soft-substrate seafloor that does not support kelp, rocky reef or eelgrass habitat. o Operation of the abalone cultivation facility does not involve application of synthetic feeds, fertilizers or any other chemical supplements or treatments. o The abalone raft includes predator exclusion fencing around the outer edges to minimize interactions with predators such as marine mammals and seabirds. Such fencing has been shown to be effective in preventing marine mammal haul-outs, thus minimizing the potential entanglement or injury of predatory animals that may be attracted to the raft. o The abalone raft is designed to be visually similar to other vessels and barges moored within the Outer Monterey Harbor and is consistent with the aesthetic character of the area. Page 2 Coastal Development Permit De Minimis Waiver 9-18-0246-W

o Operation of the raft and cultivation activities are carried out using hand labor and do not involve the use of power tools or motorized equipment (other than a vessel used for access). o All fueling and maintenance activities for the operation’s support vessel are carried out on land or within appropriately designated areas in Monterey Harbor and are not carried out at the raft site.

The proposed development will not adversely impact coastal resources, public access, or public recreation opportunities, and is consistent with past Commission actions in the area and Chapter Three policies of the Coastal Act.

This waiver will not become effective until reported to the Commission at its meeting and the site of the proposed development has been appropriately noticed, pursuant to 13054(b) of the California Code of Regulations. The Notice of Pending Permit shall remain posted at the site until the waiver has been validated and no less than seven days prior to the Commission hearing. If four (4) Commissioners object to this waiver of permit requirements, a coastal development permit will be required.

Sincerely,

John Ainsworth Executive Director

Cassidy Teufel Senior Environmental Scientist

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