EVEREST June, 2013 - California Department of Boating and ...

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Orange County Coastal Regional Sediment Management Plan 404(b)(1) evaluations for federal projects, including evaluation of alternatives and identification of the less damaging practical alternative. Section 303(d) of the Clean Water Act requires the State to make a list of waters that are not attaining water quality standards and to develop total maximum daily loads or TMDLs for all waters and pollutants on the 303(d) list. A TMDL is the maximum load of a pollutant that can be discharged from point and nonpoint sources without exceeding water quality standards in the water body. Sediment and/or siltation are sometimes identified as pollutants on the 303(d) list, as has happened for San Diego Creek and upper Newport Bay. Coastal Zone Management Act of 1972 and 1976 California Coastal Act The Coastal Zone Management Act requires activities to be consistent with the enforceable policies of the approved state coastal program to the maximum extent practicable. The California Coastal Act authorizes the CCC to implement the Coastal Zone Management Act. The implementing regulations for the Coastal Zone Management Act are described in 15 Code of Federal Regulations 930, and the policies pertinent to coastal consistency determinations are included in California Public Resources Code (Cal. Pub. Res. Code) (Sections 30200-30365.5). These regulations require that the CCC prepare a coastal consistency determination for all federal projects that could affect the coastal zone. A coastal development permit is required for non federal projects. Fish and Wildlife Coordination Act of 1958 The Fish and Wildlife Coordination Act requires any federal agency proposing any action that may affect wildlife to first consult with the USFWS and/or NMFS. The Fish and Wildlife Coordination Act establishes a consultation requirement for federal departments and agencies that undertake any action that proposes to modify any stream or other body of water for any purpose, including navigation and drainage [16 United States Code 662(a)]. Federal Endangered Species Act of 1973 The Federal Endangered Species Act protects endangered and threatened species by prohibiting federal actions that would jeopardize the continued existence of such species or result in the destruction or adverse modification of habitat of such species. Under Section 7(a)(2) of the Federal Endangered Species Act, federal agencies must consult with federal resource agencies (USFWS and NMFS) and prepare a Biological Assessment (BA) if listed species and/or critical habitat is present in an area to be impacted by project activity. The USFWS and/or NMFS then will prepare a biological opinion on how the action would affect endangered or threatened species, essential fish habitat or critical habitat of federally managed species, and will suggest reasonable and prudent measures that it believes would avoid jeopardizing the continued existence of the species or adversely modifying its critical habitat. As part of the development of federal biological opinions, reviews are conducted pursuant to the Everest International Consultants, Inc. C.3
Orange County Coastal Regional Sediment Management Plan Marine Mammal Protection Act and Magnuson-Stevens Fishery Conservation and Management Act. Magnuson-Stevens Fishery Conservation and Management Act, as amended 1996 (Public Law 104-267) The Magnuson-Stevens Fishery Conservation and Management Act calls for NMFS to work with regional fishery management councils to develop fishery management plans for each fishery under their jurisdiction. The Pacific Fishery Management Council develops and implements fishery management plans for the West Coast (Washington, Oregon and California). Pacific fishery management plans have been approved by NMFS for Pacific Coast groundfish, salmon, and coastal pelagic species. A fishery management plan for highly migratory species (e.g., tunas, sharks, and swordfish) was partially approved by the NMFS in 2004, and amended in 2006 and 2011 (http://www.pcouncil.org). One of the required provisions of fishery management plans specifies that essential fish habitat be identified and described for the fishery, adverse fishing impacts on essential fish habitat be minimized to the extent practicable, and other actions to conserve and enhance essential fish habitat be identified. Federal agencies and permit applicants must consult with the NMFS on actions that may adversely affect essential fish habitat. Essential fish habitat is defined as those “waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” The NMFS encourages streamlining the consultation process using review procedures under NEPA, Fish and Wildlife Coordination Act, Clean Water Act, and/or Federal Endangered Species Act provided that documents meet requirements for essential fish habitat assessments under Section 600.920(g). Essential fish habitat assessments must include (1) a description of the proposed action, (2) an analysis of effects, including cumulative effects, (3) the federal agency’s views regarding the effects of the action on essential fish habitat, and (4) proposed mitigation, if applicable. Permit applicants are not necessarily required to consult via essential fish habitat; only federal agencies that fund, permit, or carry out actions that may adversely affect essential fish habitat must consult with NMFS. Marine Mammal Protection Act of 1972 This Act protects marine mammals and establishes a marine mammal commission to regulate such protection. Marine Protection, Research, and Sanctuaries Act The Marine Protection, Research, and Sanctuaries Act also referred to as the Ocean Dumping Act, is divided into three parts: Title 1 – Ocean Dumping, Title 2 – Comprehensive Research on Ocean Dumping, and Title 3 – Marine Sanctuaries. Title 1 establishes the permit program for the disposal of dredged and non-dredged materials, mandates determination of impacts and alternative disposal methods, and provides for enforcement of permit conditions. The purpose Everest International Consultants, Inc. C.4
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