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Environmental Impact Statement - Sonoma Land Trust

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California Department of Fish and Game<br />

U.S. Fish and Wildlife Service<br />

Section 3.5. Biological Resources<br />

McAteer–Petris Act, Coastal Zone Management Act and<br />

San Francisco Bay Plan<br />

The McAteer Petris Act was passed by the State of California in 1965 when it<br />

established the San Francisco Bay Conservation Development Commission<br />

(BCDC) as the state agency responsible for regulating development in an around<br />

San Francisco Bay. The federal Coastal Zone Management Act of 1972<br />

encourages states to voluntarily develop Coastal Management Programs to<br />

preserve and protect the unique features of each coastal area. BCDC is the state<br />

coastal management agency for the San Francisco Bay Area coastal zone, and its<br />

laws and policies constitute the federally approved state coastal management<br />

program for the Bay.<br />

The San Francisco Bay Plan was completed and adopted by BCDC in 1968 and<br />

amended in May 2002. The BCDC developed the Bay Plan to use as a guide in<br />

governing development activities, including tidal restoration, in and around the<br />

Bay and its shorelines. The objectives of the Bay Plan are to:<br />

• protect the Bay as a great natural resource for the benefit of present and<br />

future generations; and<br />

• develop the Bay and its shoreline to their highest potential with a minimum<br />

of Bay filling.<br />

According to the Bay Plan, the project site is a designated priority use area for<br />

wildlife refuges. The following Bay Plan policies are applicable to the project<br />

area (BCDC website 2004).<br />

• Where and whenever possible, former tidal marshes and tidal flats that have<br />

been diked from the Bay should be restored to tidal action in order to replace<br />

lost historic wetlands or should be managed to provide important Bay habitat<br />

functions, such as resting, foraging and breeding habitat for fish, other<br />

aquatic organisms and wildlife. As recommended in the Baylands Ecosystem<br />

Habitat Goals report, around 65,000 acres of areas diked from the Bay should<br />

be restored to tidal action. Further, local government land use and tax<br />

policies should not lead to the conversion of these restorable lands to uses<br />

that would preclude or deter potential restoration. The public should make<br />

every effort to acquire these lands from willing sellers for the purpose of<br />

restoration. (Bay Plan - Tidal Marshes and Tidal Flats Policy 4).<br />

• Any tidal restoration project should include clear and specific long-term and<br />

short-term biological and physical goals, and success criteria and a<br />

monitoring program to assess the sustainability of the project. Design and<br />

evaluation of the project should include an analysis of: (a) the effects of<br />

relative sea level rise; (b) the impact of the project on the Bay's sediment<br />

budget; (c) localized sediment erosion and accretion; (d) the role of tidal<br />

flows; (e) potential invasive species introduction, spread, and their control;<br />

(f) rates of colonization by vegetation; (g) the expected use of the site by fish,<br />

other aquatic organisms and wildlife; and (h) site characterization. If success<br />

criteria are not met, appropriate corrective measures should be taken. (Bay<br />

Plan - Tidal Marshes and Tidal Flats Policy 5).<br />

Sears Point Wetland and Watershed Restoration<br />

Project Final <strong>Environmental</strong> <strong>Impact</strong><br />

Report/<strong>Environmental</strong> <strong>Impact</strong> <strong>Statement</strong><br />

3.5-10<br />

April 2012

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