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draft tomales bay vessel management plan - Gulf of the Farallones ...

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Estimated Cost: Costs are limited to staff time. Funding for a GFNMS Tomales Bay<br />

Project Coordinator, or <strong>the</strong> commitment <strong>of</strong> dedicated staff time by ano<strong>the</strong>r agency is<br />

needed to implement this recommendation.<br />

C. VESSEL MOORING PROGRAM<br />

Issue Statement:<br />

Moored boats have been a familiar part <strong>of</strong> <strong>the</strong> Tomales Bay landscape for many years,<br />

and <strong>the</strong>se moorings have historically been and continue to be concentrated in several<br />

primary mooring areas on both <strong>the</strong> east and west shores <strong>of</strong> <strong>the</strong> <strong>bay</strong>. Mooring <strong>vessel</strong>s in<br />

Tomales Bay requires both GFNMS and CSLC authorization. To accomplish this<br />

GFNMS will issue a permit, or some o<strong>the</strong>r legally supportable mechanism that is<br />

acceptable to both agencies, to CSLC to administer <strong>the</strong> Vessel Mooring Program and<br />

CSLC will issue individual leases to be issued for each mooring. GFNMS staff, in<br />

partnership with CSLC staff, has developed <strong>the</strong> following proposed Tomales Bay<br />

Mooring Program, which includes criteria for where moorings can be sited, specifications<br />

for allowable mooring tackle, and requirements for <strong>the</strong> inspection and maintenance <strong>of</strong><br />

moorings. The mooring program would be subject to a maximum number <strong>of</strong> moorings<br />

that could not be exceeded on Tomales Bay.<br />

CSLC requires a lease for all private <strong>vessel</strong> moorings in Tomales Bay on sovereign lands,<br />

however only one CSLC private <strong>vessel</strong> mooring lease has been issued, and that lease<br />

expired in 2008 and is no longer valid. There is a permitted mooring field in <strong>the</strong> north<br />

part <strong>of</strong> <strong>the</strong> <strong>bay</strong> at Lawson’s Landing, which is under a CSLC commercial lease. On<br />

December 16, 1998, <strong>the</strong> Commission authorized <strong>the</strong> 25-year lease at Lawson’s Landing<br />

for an existing marina with a total <strong>of</strong> 35 moorings (12 side ties and 23 poles); <strong>the</strong> lease<br />

for <strong>the</strong> marina expires on December 31, 2023. In 1981, when <strong>the</strong> GFNMS was<br />

designated, Sanctuary regulations prohibited <strong>the</strong> discharge <strong>of</strong> materials into GFNMS and<br />

disturbance to <strong>the</strong> seabed, which includes <strong>the</strong> placement <strong>of</strong> moorings. Non-authorized<br />

moorings installed in Tomales Bay after GFNMS designation, except those used for state<br />

permitted aquaculture, are illegal pursuant to <strong>the</strong> National Marine Sanctuaries Act<br />

(NMSA), 16 USC §1431 et seq., and regulations <strong>the</strong>reunder (15 CFR Part 922). Noncompliance<br />

<strong>of</strong> CSLC mooring lease requirements and GFNMS regulations has been a<br />

persistent issue in Tomales Bay.<br />

Moorings located within state water bottom lease areas for aquaculture must be directly<br />

associated with aquaculture pursuant to a valid lease, permit, license or o<strong>the</strong>r<br />

authorization issued by <strong>the</strong> California Department <strong>of</strong> Fish and Game (CDFG). Moorings<br />

used in conjunction with aquaculture operations are exempt from <strong>the</strong> GFNMS seabed<br />

disturbance regulations in Tomales Bay and are <strong>the</strong>refore not addressed as part <strong>of</strong> <strong>the</strong><br />

TBVMP; however, <strong>the</strong>se moorings are subject to CDFG and California Department <strong>of</strong><br />

Public Health (CDPH) regulations and must meet all requirements set forth in <strong>the</strong> terms<br />

<strong>of</strong> <strong>the</strong> aquaculture lease.<br />

August 23, 2012 <br />

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