The process for Fish and Game Commission post MPA DMR petitions includes 3 changes for the SLO County coastline
BY Merit McCrea
SACRAMENTO – The process for Fish and Game Commission post Marine Protected Area Decadal Management Review petitions includes 3 changes for the SLO County coastline – one new MPA and 2 different proposals for the SMCA portion of the Pt. Buchon SMCA-SMR complex. Two of the petitions are submitted by the Santa Ynez Band of Chumash Indians and one by environmental advocacy groups Environment California and Azul.
The two petitions submitted by the Chumash were challenging to research and follow. A close reading of the proposed regulations and their references to existing regulations reveals they would continue to allow recreational access with the exception of that for mussels and scallops, and would ban commercial fishing.
However, the author Sam Cohen, Esq., legal council for the Tribe, provides extensive rationale, the spirit of which leads one to believe that the goal is Tribal co-management and exclusive access for all fishing by tribe members only. Again, digging into the referenced sections indicates the general public would continue to have, or recover access for all usual legal recreational harvest except for mussels and scallops. These two species only Chumash Tribe members would be able to harvest.
2023-19MPA (Cayucos N end of Morro Strand Campground to tip of Morro Breakwater)
- Submitted by: Santa Ynez Band of Chumash Indians
- Tribally led or co-sponsored: Yes
- Summary: Designate new MPA as Chitqawi SMCA.
- Bin : 2
This Petition is for a new MPA that would cover approximately 3 miles of coastline from the tip of the Morro Bay Breakwater, northward to the north end of the Morro Strand Campground, and offshore about 2.5 miles. It asks for similar regulations as Kashtayit SMCA at Gaviota State Beach and cites them — no commercial fishing but recreational fishing is allowed except for scallops and mussels. It proposes tribal co-management of the proposed new Chitqawi SMCA.
Members of the Santa Ynez Band of Chumash Indians would be exempt from the area and take regulations specific to this proposal but remain subject to all the other regular California recreational and commercial fishing regulations. It’s only different from Kashayit in that there kelp harvest is restricted as well.
Here are the specifics if you care to research them. They are from Title 14 of the California Code of Regulations for the Kashtayit State Marine Conservation Area (subsection 632(b)(97)). However, the proposal does not include the bit on giant kelp included below.
(B) Area restrictions defined in subsection 632(a)(1)(C) apply, with the following specified exceptions:
- The recreational take of finfish [subsection 632(a)(2)], invertebrates except rock scallops and mussels, and giant kelp (Macrocystis pyrifera) by hand harvest is allowed.
- The following federally recognized tribe is exempt from the area and take regulations found in subsection 632(b)(97) and shall comply with all other existing regulations and statutes:
Santa Ynez Band of Chumash Indians
- Take pursuant to activities authorized under subsection 632(b)(97)(C) is allowed.
(C) Maintenance of artificial structures and operation and maintenance of existing facilities is allowed inside the conservation area pursuant to any required federal, state and local permits, or as otherwise authorized by the department.
2023-20MPA (Pt Buchon SMCA – the outer portion of the SMR-SMCA complex)
- Submitted by: Santa Ynez Band of Chumash Indians
- Tribally led or co-sponsored: Yes
- Summary: Redesignate Point Buchon SMCA as Chumash SMCA to support tribal co-management and take provisions; extend northern boundary of Point Buchon SMR.
- Bin : 2
- Amendment submitted: No
This proposal is nearly identical to 2023-19 above as far as the proposed regulations. The difference is the place. This proposal is for the existing SMCA-SMR complex off Pt. Buchon, between Avila Beach and Morro Bay. It would expand the inner SMR portion northward by just 100 yards, while leaving the north boundary of the SMCA as it is. This would create a small zig-zag in the northern boundary of the complex.
The main thing this proposal does is place the same take regulations and co-management as is proposed for the above proposed Chitqawi SMCA. Again, these are the same as are currently in place at Kashtayit SMCA at Gaviota with the exception of the restriction on the harvest of kelp there.
Because the Point Buchon SMCA currently bans all fishing except for albacore and salmon, by matching the regulatory language of the Kashtayit SMCA this proposal would open currently closed public access for recreational fishing, except for scallops and mussels, and close currently allowed commercial fishing for albacore and salmon.
To this writer, this outcome did not appear to be an intended one. It is not mentioned within the petitioner’s extensive supporting rationale. Their rationale strongly supports Tribal co-management but does not mention the improved fishing access for the general public that this proposal would provide.
In addition to the Kashtayit SMCA there are 3 other SMCAs that largely restrict public access for fishing yet provide an exception for the Santa Ynez Band of Chumash Indians to fish within them under standard regulations.
These are the Naples Reef SMCA which restricts public recreational fishing access to spearfishing for white seabass and pelagic finfish, the Pt. Dume SMCA which has the same recreational restrictions and the West Anacapa Island SMCA which restricts all fishing except for lobster and pelagic finfish for everyone else.
It’s good to note here that “recreational fishing” is somewhat of a misnomer. Recreational “fishing” simply includes all fishing, hunting (frogs for example) and foraging authorized under a “recreational” “fishing” license.
That includes all of the public’s fishing access other than for commercial sale or scientific study, regardless of your objective – whether you’re fishing or gathering primarily for fun or food or any other personal purpose.
2023-34MPA
- Submitted by: Environment California and Azul (also for the Pt Buchon SMCA)
- Tribally led or co-sponsored: No
- Summary: Reclassify Point Buchon SMCA as an SMR and modify allowed uses at Farnsworth Onshore and Offshore SMCAs
- Bin : 2
- Amendment submitted: No
- Point Buchon SMCA: Reclassify as an SMR
This petition is pretty straight forward and covers the same geography as the one above, the Pt. Buchon SMCA-SMR complex. It would take fishing access for salmon and albacore currently allowed within the SMCA portion away, making the current complex a contiguous SMR with no take allowed.
Finally, the time-line for Commission consideration of these proposals will start in March, with presentation by CDFW of their analyses of the bin-2 proposals and recommendations, followed by a series of 3 regional Special meetings of the Commission.
CHITQAWI SMCA PROPOSAL This proposed new MPA would close the area to commercial fishing and provide for Chumash Tribe co-management. Recreational fishing could continue except Tribe members would have exclusive access to harvest mussels and rock scallops there, which the general public would not. However, the extensive rationale included within the petition seemed to support exclusive access to all fishing by tribe members only, not just mussels and scallops. WON IMAGE BY MERIT MCCREA, AFTER GOOGLE EARTH AND THEIR CONTRIBUTORS.
