The San Francisco Bay Subtidal Habitat Goals Project draft document was released on June 16, 2010.

The Goals Project sponsors, BCDC, NOAA Fisheries and the California State Coastal Conservancy held two public meetings on June 16 from 1-3 p.m. and 6-8 p.m.at BCDC’s office to review the draft document and hear feedback and comment.  Information on the project can be found on BCDC’s website at http://www.bcdc.ca.gov/planning/shg/subtidal_habitat.shtml.  The release will initiate a 45-day public review period.  The Draft Plan includes recommendations for research, restoration and management of subtidal habitats and will lead to possible new regulations on dredging, sand mining and in-water construction.  BPC attended the briefing and will be coordinating comments submitted by BPC members.  In its initial review, BPC is alarmed that the Goals Project is not recognizing the value of the habitat types for human use as well as conservation thereby resulting in Management Objectives reflecting a lack of balance for the Bay’s  human, fauna and flora use.

Effective July 2, 2010, activities such as dredging in San Francisco are prohibited unless a take permit is granted by NOAA based on an endangered species consultation.  In-water and shoreside construction activities such as dredging are currently covered by a programmatic permit issued by NOAA for the Long Term Management Strategy for Dredging and Dredged Material Disposal adopted in 2002 as long as such activities are conducted with the environmental windows season.  Since there is no environmental window for the green sturgeon, a new era of environmental permitting and negotiation has begun.  NOAA is aware of the challenge this potential restriction poses for commerce in the S.F. Bay and Delta region and is working on a biological opinion.  Further discussion with the dredging agencies and stakeholders will take place this summer.

Reference materials can be found at  www.swr.nmfs.noaa.gov.  50 CFR 223

BPC was one of 17 commenters on the rule.

On June 2, BAAQMD unanimously adopted “thresholds of significance”.  These are numeric air pollution thresholds to be used in the land use review process by local government in deciding whether to require  builders/project sponsors to conduct studies on ways to remove pollution.  If construction projects exceed a certain threshold of emissions, ways to reduce or offset pollution would be to locate projects near bus, train and/or transit centers, create shuttles, and install energy saving devices such as solar panels.  A major concern about the guidelines is increased burden in the permit process and creating obstacles for in-fill development mandated by SB 375.  BAAQMD planning manager, Henry Hilken, said at a recent BPC membership briefing that the BAAQMD supports in-fill development and the guidelines will not prevent compliance with SB 375.

For more info, visit: http://www.baaqmd.gov/Division/Planning-and-Research/CEQA-GUIDELINES/Proposed-Guidelines.aspx.

The text of the bill is as follows:

SECTION 1. FUNDING FOR HARBOR MAINTENANCE PROGRAMS.

(a) Harbor Maintenance Trust Fund Guarantee-

(1) IN GENERAL- The total budget resources made available from the Harbor Maintenance Trust Fund each fiscal year pursuant to section 9505(c) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall be equal to the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. Such amounts may be used only for harbor maintenance programs described in section 9505(c) of such Code.

(2) GUARANTEE- No funds may be appropriated for harbor maintenance programs described in such section unless the amount described in paragraph (1) has been provided.

(b) Definitions- In this section, the following definitions apply:

(1) TOTAL BUDGET RESOURCES- The term `total budget resources’ means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of the Internal Revenue Code of 1986.

(2) LEVEL OF RECEIPTS PLUS INTEREST- The term `level of receipts plus interest’ means the level of taxes and interest credited to the Harbor Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code.

(c) Enforcement of Guarantees- It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for harbor maintenance programs described in subsection (b)(1) for such fiscal year to be less than the amount required by subsection (a)(1) for such fiscal year.

BCDC Proposed Bay Plan Amendment

BCDC has developed draft findings and policies on climate change and a background report on climate change and the potential impacts of a rise in sea level on the Bay Area region. The background report, Living With A Rising Bay: Vulnerability And Adaptation In San Francisco Bay And On the Shoreline. April 7, 2009, describes BCDC’s perspective on vulnerabilities in the Bay Area’s economic and environmental systems, as well as the potential impacts of climate change on public health and safety.

BCDC held three public hearings and workshops on the proposed amendments (see October 5 version www.bcdc.ca.gov).  BCDC closed the hearing on November 5, 2009 and directed the staff  to bring back a revised staff report sometime in the  spring of 2010.  BCDC directed its staff to work with the task force formed by BPC, BAC, the Home Builders Association, and the Bay Area Flood Agencies Association on recommended revisions.  Reference the following letters comprising a brief analysis of the issues raised by the proposed Bay Plan amendments:  BPC and Home Builders Association letter – July 14,  2009;  BPC and BAC  letter – November 5th, 2009.

RBOC Updated Overview for Yacht Clubs

October 23, 2009

The California State Water Resources Control Board [SWRCB] is moving forward with a proposed requirement that marinas and clubs with 10 or more slips and moorings obtain a state permit [Coastal Permit] and comply with a number of requirements.

The use of the word “coastal” in the permit name is a misnomer. The text of the proposal states that it would be required of moorings and marinas located inland in estuaries, bays and fresh waters such as the San-Joaquin Delta, lakes and reservoirs. The scope could also be expanded as the proposal moves forward.

Initial estimates are that compliance with the permit requirements would impose an annual cost of $250,000 per year on each marina and club.

The SWRCB decided to pursue the Coastal Permit after the federal initiatives were overturned last year. The stated objective is to control pollutants by implementing appropriate management practices at marinas located in impaired waters, and to prevent pollution generated by marina activities from potentially impacting high quality waters.

The SWRCB plans to conduct stakeholder workshops in February through April of 2010, to receive public comments in April 2010, and to vote upon the permit in November of 2010. The exact dates, times and locations of the stakeholder workshops have not yet been set, but plans are for workshops to be: February 2010 in San Diego, March 2010 in Ventura, and April 2010 in San Francisco.

BPC is working with PICYA, SCYA and RBOC to turn back this proposed regulation bnecause there are sufficient “clean marina” and monitoring programs in place and the reglulation is unnecessary.

Pertinent documents are posted at www.swrcb.ca.govand www.rboc.org.

Final Green Sturgeon Critical Habitat Designation

The National Oceanic and Atmospheric Administration (NOAA)’s Green Sturgeon Final Critical Habitat (CH) designation rule was published on Oct. 9, 2009. Click here for a copy of the report. Other Final Rule documents include the Economic and Biological Reports which are available on the NMFS Southwest Region website at http://swr.nmfs.noaa.gov

NOAA’s designation as proposed would include most, but not all, marine waters within 110 meters depth from Monterey Bay to Cape Flattery, including US waters of the Strait of Juan de Fuca. 73 Fed. Reg. 52083 (September 8, 2008). BPC submitted a comprehensive scientific, economic and legal analysis of he proposed rule and recommended exclusions of certain areas of San Francisco Bay from the rule. The Rule has the potential for severe regulatory impact on dredging and disposal and shipping and related trade and commerce activity. BPC Response Letter – December 22. 2008

NMFS did not accept our recommendations for critical habitat exclusions, and we plan to have a meeting with them NMFS soon to discuss their justification. Based on the final CH, according to the NMFS staff, this Rule means that section 7 consultations will now have to consider the effects of projects on critical habitat for the green sturgeon. Although this rule may result in additional consultation requirements for development activities, NMFS has told us that it does not anticipate that this Rule would result in major disruptions to dredging Bay activities in S. F. Bay. We trust that this will prove to be the case as Bay commercial and recreational users have been operating under the Critical Habitat designation for salmon for many years without major disruption.

In related rulemaking, NOAA published is final Endangered Species Act 4 (d) rule for the Green Sturgeon. We are awaiting the final rule.BPC Comment Letter – July 20, 2009

90th Annual Meeting

Noah Knowles with the USGS, recently gave a presentation on ‘Sea Level Rise and Projected Inflow Changes in San Francisco Bay’ at the AAAS Seminar (Understanding the Estuary) at San Francisco State University, on August 17, 2009.

Knowles Presentation

Use and Permitting of Treated Wood in the San Francisco Estuary
Agenda [ pdf ]
Report [ pdf ]

Water Recycling – Vital to the Bay Area and Its Economy
Agenda [ pdf ]
Report [ pdf ]

Wetlands: Post-SWANCC Strategies and Solutions
Agenda [ pdf ]
Report (in progress)