BY Merit McCrea
SACRAMENTO – Of the many bin 2 MPA petitions before it, with their many proposed actions for both regulation changes in existing MPAs, expansions and for entirely new MPAs this 3-day marine meeting was the Commission’s first cast at cutting those they would not support further work on.
Bottom line is this 3-day meeting provided the opportunity to remove petitioned MPA changes from further consideration. The CDFW had recommended denial of almost all, as they were well beyond the scope of what the Commission had said they were looking for back in 2023 when they developed their Analysis Framework in coordination with the CDFW and with input from the California Ocean Protection Council or OPC.
For the 5 tribal petitions where tribal co-management and protection of sacred sites was a primary goal, the Department recommended providing that via alternate pathways – more direct regulations than simply closing off public access for fishing.
Nevertheless, the OPC provided their own analysis following the CDFW’s release of their results. The OPC’s result was different than the CDFW’s and provided support for several major network-changing petitioned actions the CDFW had recommended for denial.
At this meeting the Commission moved forward several of the major petitioned changes that the CDFW had recommended denial and yet the OPC had supported. They kept the especially painful Carpenteria proposal in the cue for further consideration, despite the proposal’s clearly exceeding what the Commission’s own Analysis Framework said.
The Commission’s 2023 statements said they were not looking for wholesale changes to the network and that would not be considered. The tasks were for tweaks that made for better public understanding and facilitated compliance while furthering the goals of the MLPA.
Nevertheless, there’s huge pressure on the Commission and State from National ENGOs including a giant one based in New York City. These ENGOs get their financial support from people, most of whom think our oceans are under threats that MPAs will protect them from. Only some supporters seem to recognize that MPAs mostly limit public access for fishing. They come with shirts and posters depicting marine mammals, turtles and whales.
FGC staff indicated it will be at least a couple of years before any of these proposed changes will be ready to go into regulation. There is a lot of work to be done yet.
This meeting was just the first culling of the petitioned changes. It narrows the scop of what they want their staff and the CDFW to continue working on.
Here’s the item-by-item run-down on the proposals and the Commission’s choice, whether to deny or support for moving forward into the full regulatory process, including a few non-MPA items of interest.
17) White Shark emergency rule extension: Result – passed – the emergency gear restrictions on surf fishing with wire and large hooks in SoCal continue for an additional 90 days.
19) White Seabass: Result – To go to notice with proposed regulation to change the minimum length limit to 35 inches. This is step one of a 3-meeting process (Notice, Discussion and Adoption). It was estimated that about 16% of seabass caught by recreational anglers are less than 35 inches long.
22) Exempt CPFVs north of Pt Arguello from the requirement to hold a Sport-Caught Fish Processing Permit.
Result – move forward.
24) Committee and Department Reports:
MRC meeting to change date from November 12 to Nov 10.
MPA Petitions
26) 2023-14: Commercial Urchin take within MPAs,
Result: Deny
27) 2023-23: Monterey Bay new MPAs, Keith Rootsart Giant Giant Kelp.
Result: Deny
28 and 29) Petition 33 giant land grab—multiple major expansions of existing MPAs.
Result: Deny all except westward expansion of the Pt. Dume SMCA – approve for further consideration a westward expansion with surf fishing access within the expansion and the same boater regulations as the existing SMCA.
30) 2023-21 Tolowa Dee Ni at the OR border:
Result: Deny the unneeded small boundary change to match the terrestrial state line. Approve the transition of the existing recreational access for surf smelt by traditional methods to a tribal exemption for the same. (Matches the intent back during the MLPAI process in 2010)
31) 2023- 31 Cohen/Coastal Chumash proposal for a new SMCA with a tribal exemption from the southern tip of the north Morro Bay Breakwater, north to the northern edge of Cayucos.
Result: Petition withdrawn by the petitioners. Public comment allowed nevertheless.
32) 2023-28: New SMCA at Pt. Sal that leaves surf fishing open (and also a tribal exemption?)
Result: Approved for further consideration under the regulatory process.
33) 2023-29: Carpenteria new MPA
Result: Accept for further consideration under the regulatory process.
34) Pt Buchon petitions 2023-20 and 2023-24
2023-20) Name change, small expansion and tribal take allowance.
Result: Denied for the boundary change and approved for the tribal take exemption within the SMCA portion and potential name change.
2023-34) Pt. Buchon and Farnsworth Bank removal of hook-and-line fishing for migratory species.
Result: Petition 2023-34 was withdrawn from further consideration by the petitioner.
35) Petition 2023-18 Vandenberg coast proposal to open the entire 12-mile coast to surf fishing.
Result: Deny
Petition 2022-04 Vandenberg coast proposal to open the ½-mile stretch adjacent the Guadalupe Dunes State Park to surf fishing.
Result: Approved for further consideration Accept for further consideration under the regulatory process.
36) Remove some special closures at Channel Islands. Anchoring and trap prohibitions at Anacapa.
- A) 2023-18 Miguel and Anacapa Islands.
Result: Deny
- B) 2023-27 Anacapa options to disallow lobster traps, anchoring in some areas.
Result: Deny,
37)
- A) 2023-15 Blake Herman proposal to open Footprint and portions of SBI and Gull Island SMR to fishing for pelagic spp.
Result: Petitioner withdrew all but proposal for opening Footprint for pelagic species.
- B) 2023-16 Stewart’s Point and Bodega Head – Allow commercial salmon.
Result: Deny
38) 2023-24: Duxbury intertidal SMCA expansion.
Result: Deny, but with caveat to bring back when a better supported option comes forward that also provides greater protection for the reef.
39) 2023-24: South Laguna – extend the no-take area southward 1 mile to the Southern city limit and extending offshore 1 mile replacing the existing intertidal prohibitions there.
Result: Deny
