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

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eports. Funding for a GFNMS Tomales Bay Project Coordinator is needed to implement<br />

this recommendation.<br />

STRATEGY VM-4: Streng<strong>the</strong>n existing enforcement partnerships to ensure<br />

compliance with all <strong>vessel</strong>-related mandates, policies and regulations for Tomales Bay.<br />

Enforcement is critical for <strong>the</strong> TBMP to achieve its water quality, resource protection,<br />

and public safety goals. The Partner Agencies identified in <strong>the</strong> activities that follow,<br />

have considered how best to coordinate <strong>the</strong> existing authorities, efforts, and resources to<br />

implement <strong>the</strong> overall goals <strong>of</strong> <strong>the</strong> TBVMP. Below is a discussion <strong>of</strong> short- and longterm<br />

strategies for ensuring implementation and enforcement <strong>of</strong> all <strong>of</strong> <strong>the</strong> elements<br />

contained in <strong>the</strong> TBVMP.<br />

There are extensive overlapping jurisdictions and authorities within Tomales Bay. The<br />

CCC has permitting authority over <strong>the</strong> entire <strong>bay</strong> and those portions <strong>of</strong> <strong>the</strong> u<strong>plan</strong>d areas<br />

that are in <strong>the</strong> coastal zone. The CSLC has leasing authority over <strong>the</strong> state-owned<br />

tidelands and submerged lands. The GFNMS has permitting authority over certain<br />

activities in <strong>the</strong> submerged lands and in <strong>the</strong> water column to <strong>the</strong> Mean High Water Line,<br />

including activities that alter <strong>the</strong> seabed. PRNS has jurisdiction over <strong>the</strong> west side <strong>of</strong> <strong>the</strong><br />

Tomales Bay, extending 0.25 miles into <strong>the</strong> <strong>bay</strong> from <strong>the</strong> shoreline and under. The<br />

GGNRA has jurisdiction along <strong>the</strong> eastern shoreline out to <strong>the</strong> PRNS boundary. If <strong>the</strong>re<br />

is any construction in <strong>the</strong> tidelands, Marin County Community Development Agency<br />

requires issuance <strong>of</strong> a tidelands permit. The CDFG has authority over <strong>the</strong> <strong>management</strong> <strong>of</strong><br />

oyster lease areas. The RWQCB has permitting authority for all discharges into Tomales<br />

Bay, and GFNMS has permitting authority over most discharges as well.<br />

The primary agencies that are involved in <strong>the</strong> enforcement <strong>of</strong> county, state and/or federal<br />

regulations with respect to boating operation in Tomales Bay include <strong>the</strong> County <strong>of</strong><br />

Marin Sheriff’s Office, CSP, NPS, CCC, CSLC, GFNMS, and USCG. The NPS has<br />

patrol <strong>vessel</strong>s and operators working on Tomales Bay. CSP has one ranger on <strong>the</strong> west<br />

side <strong>of</strong> <strong>the</strong> <strong>bay</strong> and GFNMS has a NOAA law enforcement agent assigned to Tomales<br />

Bay. These agencies are currently working toge<strong>the</strong>r to coordinate enforcement in<br />

Tomales Bay. The Coast Guard also has <strong>the</strong> authority to enforce federal regulations in<br />

Tomales Bay.<br />

The CCC’s enforcement tools include cease and desist and/or restoration orders and filing<br />

complaint(s) for civil penalties. Cease and desist orders are used by <strong>the</strong> CCC to halt<br />

ongoing violations, to order removal <strong>of</strong> un-permitted development, and to force<br />

developers to comply with <strong>the</strong> permit process; restoration orders are used to bring about<br />

<strong>the</strong> removal <strong>of</strong> un-permitted development and/or restoration <strong>of</strong> damaged coastal<br />

resources.<br />

The CSLC has authority to enforce <strong>the</strong> terms <strong>of</strong> any mooring lease issued under <strong>the</strong><br />

TBVMP as provided by law, including but not limited to, <strong>the</strong> enforcement <strong>of</strong> delinquent<br />

accounts receivables for lease payments, expired insurance, or o<strong>the</strong>r violations <strong>of</strong> lease<br />

terms and conditions, or unauthorized use <strong>of</strong> State-owned property.<br />

August 23, 2012 <br />

48

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