MONTEREY BAY NATIONAL MARINE SANCTUARY
ADVISORY COUNCIL

FINAL
Meeting Minutes
February 5, 1999
Moss Landing Chamber of Commerce
Moss Landing

The Monterey Bay National Marine Sanctuary (MBNMS) Advisory Council met on 
Friday, February 5, 1999 at the Moss Landing Chamber of Commerce building.  Public 
categories and government agencies were present as indicated:

Agriculture: Richard Nutter
Diving: Ed Cooper
AMBAG: Katherine Beiers
Education: Patricia Clark-Gray
At Large: Steve Webster, Chair
Enforcement: Doug Huckins
At Large: Karin Strasser Kauffman
Fishing: Dave Danbom
At Large: William Raver
Ports & Harbors: Steve Scheiblauer
Business & Industry: Steve Abbott
Recreation: Sally Smith
CA EPA: Marc Del Piero - ABSENT
Research: Rick Starr
CA Coastal Commission: Charles Lester
Tourism: Ed Brown
CA Resources Agency: Brian Baird
U.S. Coast Guard: LCDR Phyllis Blanton - ABSENT
Conservation: Rachel Saunders

The following non-voting members were present as indicated:

Monterey Bay NMS: William Douros
Gulf of the Farallones NMS and Cordell Bank NMS: Ed Ueber - ABSENT
Channel Islands NMS: Ed Cassano - ABSENT
Elkhorn Slough NERR: Becky Christensen

I.	CALL TO ORDER, ROLL CALL, APPROVAL OF
	DECEMBER 4, 1998 DRAFT MEETING MINUTES, 
	REVIEW OF CORRESPONDENCE

A)	Call to Order and Roll Call

The meeting was called to order by the Chair at 9:00 a.m.  Ed Brown conducted the roll 
call - a quorum was present.

B)	Approval of Previous Meeting Minutes

The minutes from the December 4, 1998 Advisory Council meeting were approved as 
presented.

Karin Strasser Kauffman raised concerns about the agenda item on Sea Dragons in the 
December meeting minutes.  Karin did not attend December's meeting and therefore 
wanted to know why the military exercise was being allowed within the Sanctuary's 
boundaries.  William Douros gave a brief background on the exercise and the MBNMS 
permit process.

C)	Review of Council Correspondence

The Chair forwarded the sign-up folder for Advisory Council correspondence written 
since the last Council meeting.  Steve Sheiblauer requested that a letter sent to the 
Sanctuary office from the Pacific Coast Federation of Fishermen's Associations be 
provided to Advisory Council members.

II.	PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Jay Murray, PADI Divemaster, expressed concern that the planned military exercises 
scheduled for March 13 in Monterey threatened the safety of SCUBA divers.  He also 
expressed concern about the use of City and Federal funds to assist the operation.

Angelo Shake, Fisherman's Wharf, expressed concern that the planned military exercise 
was scheduled on the opening day of the sport salmon fishing season.  Mr. Shake is 
concerned that the harbor and/or Monterey Bay would be closed to commercial and 
recreational activities.  Steve Scheiblauer stated that he had not been informed of any 
limitation of activities within the harbor or bay.   Bill Douros stated that the Marine 
Corps had been notified that their exercise coincided with the salmon season's opening 
day and that he has requested a map of the proposed zones or routes the military will 
be using.

Discussion ensued among Council members regarding the planned military exercise.

Donna Ney, concerned citizen, also expressed concern about the planned military 
exercise in Monterey.  She read excerpts from the Coastal Act of 1976 regarding the 
protection of environmental resources and the right of the public to participate in 
coastal planning.  Ms. Ney included in her list of concerns:  the lack of public 
notification and process, migrating whales, low overflights by helicopters, and public 
recreational activities such as whale watching and kayaking.

Peter Lumsdaine, concerned citizen, expressed his concern that the U.S. military is 
moving into domestic law enforcement by planning the exercises in Monterey on March 
13. 

Steve Campi, Cen Cal, expressed his concern about the diver disturbance study and the 
potential management of divers.  He is concerned that the Sanctuary's proposed 
signage program will mis-inform the public that divers are creating problems in kelp 
forests.  Mr. Campi expressed his desire to work together with the Sanctuary in 
promoting diver education, but he is concerned about a signage program.  Mr. Campi 
stated that he has had positive feedback from Bill Douros regarding working together 
with the dive industry on an education program.

Ed Cooper stated that this study has damaged the dive industry and requested that 
the item be again placed on the Council's meeting agenda in April.  Discussion ensued 
among Council members.  Steve Webster announced that a fifteen minute report 
will be scheduled on the April meeting agenda.  Discussion then ensued regarding 
the protocol regarding Council member requests for putting topics on meeting agendas.  
Karin Strasser Kauffman requested that the issue of sustainable fisheries be placed on 
the next Advisory Council agenda.  Bill Douros reviewed the protocol, and explained it 
had not changed.  Council member requests will appear on meeting agendas, though 
due to time constraints, topics may not always be scheduled for an approaching 
meeting and may be delayed.

III.	PRESENTATION:  SUSTAINABLE SEAS EXPEDITIONS

Bill Douros provided an overview of the Sustainable Seas Expeditions (SSE), a five-year 
project of deep-water exploration and public education in the National Marine 
Sanctuaries.  SSE is a partnership between NOAA and National Geographic and was 
made possible by a $5 million grant from the Richard & Rhoda Goldman Fund.  Dr. 
Sylvia Earle, National Geographic Society Explorer-in-Residence, will lead the 
expeditions to the twelve marine sanctuaries using the DeepWorker, a one-person 
submersible capable of exploring to depths of 2,000 feet.  The first year's expeditions 
will take place in Monterey from May 9 - 22.  The MBNMS mission consists of five 
primary projects:

… Seasonal comparisons of deep-water habitats and fishes in Big Creek Ecological 
Reserve
… Teacher in the Sea
… Prickly shark ecology
… Day-Night patterns in activities of deep-water rockfishes in natural and designated 
harvest refugia
… Diurnal migrations of mesopelagic organisms associated with the edge of 
submarine canyons

Andrew DeVogelaere, MBNMS Research Coordinator provided an overview of the 
research projects planned for May's expeditions.  Because the short time frame for the 
expeditions limits the amount of research that can be conducted, MBNMS has decided 
to partner with existing projects.  The focus of the expeditions is to set up monitoring 
protocols, conduct exploration as a means to excite the public, and discover more 
information about cultural resources and marine protected areas.

After a call for collaborators and a review of the proposals, MBNMS selected four 
research projects (see above) which will provide important information for the MBNMS 
Research Program.

Liz Love, MBNMS Education Coordinator, provided an overview of the education 
activities scheduled for SSE in May.  MBNMS has decided to train a high school teacher 
to pilot the submersibles.  Mike Guardino was selected from a pool of applicants and 
he has proposed to use the DeepWorker and SCUBA to look at bottom topography 
and organisms in and out of a no-take zone, Pt. Lobos Reserve.  Mike will lead a team 
of high school students to assist him with this study.  Students from high schools 
throughout the Sanctuary will conduct projects on the subject of marine reserves.  
MBNMS is planning a student summit to discuss the student projects and conservation 
issues related to the health and protection of the oceans.  The summit will include a 
panel with Dr. Sylvia Earle, Dr. Steve Webster, Mary Yoklavich, Mike Guardino and 
some of his students.

Aaron King, MBNMS Marine Scientist, announced a new SSE website as well as a new 
NMSP website.  Mission logs of the expeditions will be provided on the SSE website.  
For those interested in viewing the SSE site, go the MBNMS web page to access it.

IV.	PRESENTATION AND DISCUSSION:  POTENTIAL SEA OTTER 
	RELOCATIONS INTO MBNMS

Bill Douros reviewed the Council's decision at December's meeting to dedicate a 
portion of today's agenda to hearing presentations on the U.S. Fish and Wildlife Service 
(USFWS) southern sea otter translocation project.  Council members felt these 
presentations would provide the necessary information to respond to the Conservation 
Working Group's letter requesting action by the Council or the Sanctuary office 
regarding potential translocation of otters into MBNMS waters.  Bill requested that the 
presentations and discussions focus on the issue of sea otter relocation relates to the 
Sanctuary.

Carl Benz, USFWS, reviewed the history the southern sea otter translocation plan.  In 
1987, the USFWS attempted to establish a sea otter population on San Nicolas Island 
as a precautionary effort to prevent the decimation of California's southern sea otter in 
the event of a large oil spill or disaster.  The USFWS transported 139 otters to San 
Nicholas Island, terminating their translocation efforts in 1990, at which time 15 otters 
were living off island.  A few of the otters were identified as the original translocated 
otters, and the others were assumed to be offspring.  

To avoid conflicts with the shellfish fishermen who were concerned about establishing 
an otter population off southern California, the USFWS entered into Memorandum of 
Understanding with the California Department of Fish and Game (CDFG) to establish a 
sea otter management zone.  The zone extends from Pt. Conception to the Mexican 
border and was designated as a "no otter zone."

In March of 1998, 100 otters were discovered within the management zone.  
Simultaneously, the spring survey of sea otters indicated a decline in the population for 
the third consecutive year, along with high incidences of infectious diseases and 
mortality.  According to Mr. Benz, public law 99265 requires removal of the sea otters 
from the zone, while the Federal Endangered Species Act and the Marine Mammal 
Protection Act listed the translocated population as endangered and therefore afforded 
special protection.  In October 1998 the number of sea otters within the management 
zone dropped to 3, and increased to 152 in February 1999.

Currently, the USFWS is investigating the procedures for declaring the translocation 
project a failure.  As a result of two public workshops, USFWS has identified the task 
of reinitiating Section 7 of the Endangered Species Act which states that Federal 
activities cannot jeopardize the existence of a threatened or endangered species.  The 
impacts of relocating otters must be evaluated.  At this time, a draft biological opinion 
is being circulated within the USFWS and will be an important document in 
determining whether the translocation project is a failure. 

Discussion ensued among Council members and Mr. Benz regarding disease 
transmission, sea otter expansion habits, historic ranges of the southern sea otter, and 
tracking of relocated otters.

David Jessup, CDFG Senior Wildlife Veterinarian, addressed concerns regarding 
infectious disease threats to sea otter and the potential threats to the Sanctuary's 
resources.  Mr. Jessup provided an overview of three particularly problematic infectious 
diseases in the sea otter population.  The first, a relatively common and historical 
disease found in sea otters, is a parasitic worm found in otter intestinal tracts.  The 
worm passes through an intermediate host, i.e. sand crab, before infecting a sea otter.  
It cannot pass from otter to otter.  The second disease, commonly referred to as San 
Joaquin Valley Fever, is an infectious fungus that is found throughout the California 
sea otter population, though is prevalent around San Luis Obispo.  The third disease, a 
protozoal parasite, is relatively new and occurs in the brains of sea otters, resulting in 
death.  Researchers believe this disease may be related to non-point source pollution, 
but there is no evidence to prove that at this time.  Mr. Jessup summarized by stating 
that non of the diseases are wildly exotic, that relocation of otters would not spread the 
diseases, and therefore the issue of disease transmission should not be used to stop the 
relocation of otters.

Mr. Jessup then discussed the effects of the transport of otters, explaining that effective 
measures for catch and release of otters have not been developed.  Because sea otters 
are aggressive and territorial animals, Mr. Jessup explained that it is likely some sea 
otter mortalities will result due to relocation.

Discussion ensued among Council members, Mr. Benz, Mr. Jessup and members of the 
public regarding:

… domestic cats as potential carriers of the protozoal parasite
… relationship of sea lion population increases and sea otter population decreases
… relationship of sea otter mortalities and carry capacity issues
… genetic strength of the California southern sea otter population
… effects of stress as a result of relocation on otters ability to fight off diseases
… indications that boat strikes to sea otters may be attributed to the protozoal 
parasite
… sea otter mortality as a result of the gill net fishery

Bill Douros confirmed with Mr. Jessup that there do not appear to be any diseases 
exclusively from southern California that relocated otters could bring to the Sanctuary.  
Bill then explained that because of this information, current Sanctuary regulations 
could not prohibit the relocation of otters into Sanctuary boundaries.

V.	ACTION ITEM:  FY98 SAC ANNUAL REPORT

Steve Webster requested revisions or additions to the draft FY98 Advisory Council 
Annual Report.

Karin Strasser Kauffman made a motion to pass the FY98 Advisory Council 
Annual Report as presented.  The motion was seconded by Richard Nutter and 
passed unanimously.

Karin pointed to the issue of invasive species addressed in the report, encouraging the 
Council to continue to work on the issue.

VI.	UPDATE:  WINDSOR MINING

Scott Kathey, MBNMS staff, reviewed the sand mining operation located south of 
Piedras Blancas (see October 2, 1998 meeting minutes).  Reports from members of the 
public indicate Windsor mining may be operating below the Mean High Water Line 
(MHWL), which is prohibited by Sanctuary regulations.  National Marine Fisheries 
Service (NMFS) Enforcement Agent Roy Torres has not witnessed any mining activity, 
though he has only investigated once.  However, the new State Parks ranger located at 
Limekiln will be watching the mining activities.

William Raver provided Scott with photographs of the mining operation, supplied by 
an anonymous member of the public.  He also reported that a tourist claimed Windsor 
mining employees were chasing northern elephant seals out of the mining area.

Charles Lester announced that the Coastal Commission staff is reviewing the waiver 
they gave to Windsor Mining.

VII.	UPDATE:  MBNMS BUDGET

Bill Douros provided an overview of the FY99 budget.  The National Marine 
Sanctuaries (NMS) budget is $14.35 million (FY98 budget was $14 million), however 
$350,000 is earmarked for the Northwest Straits.  The MBNMS budget for FY99 is 
$980,000, while the FY98 budget was $970,000.  However, because of new operating 
costs (Public Affairs position and new T1 connection) the Sanctuary's base budget for 
FY99 is $1.1 million, and therefore the approved budget of $980,000 is an 11% cut.  Bill 
now is determining where the $120,000 budget cuts will be made.  Bill explained that 
all the NMS sites are dealing with similar situations.

Bill is hopeful that the FY2000 budget will result in a significant budget increase.  
President Clinton's Lands Legacy Initiative proposes $29 million to the NMSP (See 
February's Office Report), and now is the time to go out and advocate the President's 
proposal.

Discussion ensued among Council members regarding the current and future budgets 
for the NMSP and the MBNMS.

VIII.	PRESENTATION:  AB1241

Rob Collins, CDFG provided an overview of fisheries management prior to the passage 
of the Marine Life Management Act (enacted by AB1241), and an overview of how 
fisheries management will change under the Act.  Prior to AB1241, the CDFG managed 
the Pacific mackerel and sardine fisheries using quotas, and the Fish and Game 
Commission set herring regulations.  CDFG partially regulated other fisheries including 
spiny lobsters, pismo clams, giant seabass, sturgeon, steelhead, trout, salmon, 
anchovies, lobster, crab, abalone, sea cucumbers, halibut, sharks, swordfish, prawns 
and shrimp.  Most of the fisheries regulations were enacted in the form of size 
restrictions, seasons, area closures, and log book requirements.  Most of the regulations 
were enacted by state legislature.

The passage of AB1241 enacted the Marine Life Management Act of 1998 which 
delegates fisheries management authority to CDFG and the Fish and Game 
Commission.  The Act incorporates sustainability into the management of California's 
marine fisheries, using science-based management plans and a formal planning process 
that encourages stakeholder participation.  The Department and Commission's new 
authority is limited to the nearshore fishery, the white seabass fishery, emerging 
fisheries, and fisheries already regulated by the Commission or Department (see 
above).  

Under the new law, CDFG is required to submit a master plan for fishery management 
plans to the Commission by September 1, 2001.  The fishery management plans must 
utilize the best scientific information available and include the advice and assistance 
from participants, marine scientists and must be submitted for peer review.  When 
signing the act, the governor required that the success of the act must be evaluated by a 
committee of concerned citizens.  Currently, the committee is scheduled to meet on July 
1, 1999 and July 1, 2000.

According to Mr. Collins, CDFG staff are 100% behind the Marine Life Management 
Act and will be re-directing significant resources to work on the Act.  The Act provides 
$2.2 million in new funds, however the funding source is in trouble and CDFG is 
looking elsewhere for alternative funding sources.  Mr. Collins estimates that full 
implementation of the Act will cost $4.7 million per year, for three years.

Mr. Collins provided a brief overview of CDFG Marine activities.  In August 1998, the 
Director re-organized and established a new marine region with headquarters in 
Monterey, with dedicated enforcement.  CDFG activities are being re-structured around 
ecosystem management approaches.  The live fish fishery is a top priority for CDFG.  
Director Jacqueline Schaffer resigned effective February 28 (The new CDFG Director is 
Robert Hight).

IX.	PRESENTATION:  MOSS LANDING POWER PLANT MODERNIZATION

Steve Abbott introduced Wayne Hoffman, Environmental Manager for Duke Energy.  
Duke Energy purchased the PG&E power plant after the 1996 de-regulation laws 
required PG&E to sell 50% of its fossil fuel plants.  In November 1997, Duke Energy 
won the bid for three PG&E plants in California - Moss Landing, Morro Bay, and 
Oakland.  Duke Energy is planning modernizations of the Moss Landing power plant 
which will result in the more efficient use of water and the production of less emissions.  
Duke Energy has committed to ceasing thermal discharges into the Elkhorn Slough 
Estuarine Research Reserve (ESNERR).  According to Mr. Hoffman, Duke will be 
removing some tanks in 1999, is planning the development of new facilities for the fall 
of 2000, and plans to remove the stacks in 2003.

Discussion ensued among Council members and Wayne Hoffman regarding potential 
collaborative projects with Duke Energy.

X.	ANNOUNCEMENTS FROM COUNCIL MEMBERS

Rachel Saunders announced that she is resigning from her position at CMC effective 
March 1, 1999 and will be working for SEA Camp Monterey Bay full-time.  She is also 
resigning from the Advisory Council effective the swearing-in of her replacement.

Steve Webster responded to Rachel's resignation from the Council, stating that she will 
be missed greatly.

Bill Douros announced that the three Advisory Council vacancies - Conservation, 
Diving, Education - will be publicized on February 8.  He reviewed the process for 
filling the vacancies as stated in his memo to the Council.

Sally Smith announced a slide show at Patagonia in Santa Cruz on coastal erosion, 
scheduled for February 9.

Charles Lester announced the California Coastal Commission meeting scheduled for 
March 9 - 12 in Carmel.

Brian Baird announced Governor Gray Davis named Mary D. Nichols California's 
eighth Secretary for Resources on December 16, 1998.  According to Brian, Ms. Nichols 
is extremely interested in ocean and coastal issues.

Dave Danbom announced that local fishermen and harbormasters met with Bill 
Douros, Steve Webster, and Aaron King to discuss fisheries issues, the Sanctuary, and 
reauthorization.  Dave commented that it was a beneficial meeting.

Ed Brown announced that the BTAP plans to conduct outreach to the Cambria area.  
He also requested direction from Bill on how that Advisory Council can work to 
promote the President's Land Legacy Initiative.

Ed Cooper supported the selection of Mike Guardino as the SSE Teacher in the Sea.

Steve Webster announced that he has received numerous requests for Sanctuary 
presentations and asked interested Council members to contact him if they are willing 
to make presentations.


The meeting adjourned at 3:15 p.m.

Respectfully submitted,

Lisa de Marignac
Advisory Council Coordinator