North Coast Marine Protected Areas Presentation to the California Fish and Game Commission October 19, 2011 Monterey Department of Fish and Game – Marine Region Steve Wertz Overarching Issues and Updates Regarding Draft Initial Statement of Reasons

Overarching Issues 1)Regulatory text for non-commercial take by federally recognized tribes in specific Marine Protected Area (MPA) geographies 2)Tribal take in State Marine Recreational Management Areas (SMRMA) 3)Definition of “take from shore only” 4)Abalone take using float tubes

Background Tribal take Option 1: Tribes provide a record of historic and current tribal uses in specific MPA geographies Any tribal member taking living marine resources would be required to possess the following:  A federally recognized Tribal ID card;  A valid CA fishing license for persons 16 years or older; and  Any valid license required by state, federal, or local law to take, possess, or transport living marine resources. All take must be consistent with existing regulations

Tribal Take A federally recognized tribe is any tribe on the “List of Indian Entities Recognized and Eligible To Receive Services From the U.S. Bureau of Indian Affairs” Recommendation: Add a general provision to Title 14, §632(a), CCR that defines requirements: Issue 1: Regulatory text for non-commercial take by federally recognized tribes in specific MPA geographies

Tribal Take (continued) Tribal members shall: 1)Possess any valid license required by state, federal, or local entities to take living marine resources; 2)Possess a valid photo ID issued by the U.S. Bureau of Indian Affairs; and 3)Display required items upon demand to any peace officer.

Tribal Take Issue 2: Tribal take in the South Humboldt Bay SMRMA Request for Guidance: Explore the Commission’s possible intent to allow tribal take in the proposed South Humboldt Bay SMRMA Proposed South Humboldt Bay SMRMA

Shore Fishing Issue 3: Definition of “take from shore only” Recommendation: Add a general provision to Title 14, §632(a) CCR that defines shore fishing, with the following concepts: Shore fishing means take from beaches, piers, jetties, docks, and other man-made structures connected to shore No vessel (motorized or non-motorized) or floating device may be used to assist in the take, transport, or possession of species while shore fishing

Shore Fishing Request for Guidance: Does the Commission wish to: 1)Apply the no vessel or watercraft restriction to the take of abalone from shore? OR 2)Create an exemption for the use of float tubes or similar devices while shore fishing for abalone in specific MPAs? Issue 4: Abalone take using float tubes

Updates Based on information provided by tribes, tribal take may occur in specific Marine Protected Areas:  10 of 13 proposed State Marine Conservation Areas (SMCA)  1 of 1 SMRMA  1 of 6 State Marine Reserves (Reading Rock SMR))

Updates (Continued) MPAs with existing activities regulated by other agencies : Recommendation: Specify allowances for the following geographies: 1)South Humboldt Bay SMRMA (habitat restoration) 2)Big River Estuary SMCA (maintenance of a buried telephone cable) 3)Ten Mile Estuary SMCA (bridge maintenance)

Summary 1)Regulatory text for non-commercial take by federally recognized tribes in authorized areas 2)Tribal take in State Marine Recreational Management Areas (SMRMA) 3)Definition of “take from shore only” 4)Abalone take using float tubes Overarching Issues Needing Commission Guidance:

North Coast Marine Protected Areas Thank you.  Steve Wertz Senior Environmental Scientist Marine Protected Areas (562)