Summary
The National Oceanic and Atmospheric Administration (NOAA) submitted a Consistency Determination for the designation of the Chumash Heritage National Marine Sanctuary (CHNMS) located off the central coast of California, its draft management plan, and proposed draft set of regulations. The proposal would designate the first indigenous-named and tribal collaborative management marine sanctuary in the U.S.; between approximately 4,400 and 7,600 square miles of ocean waters and submerged lands off the coast of San Luis Obispo and Santa Barbara Counties. A coalition of environmental NGOs encouraged the Commission to consider ways to incorporate a boundary expansion plan into the management plan and ensure interim protections in the case that the entire sanctuary boundary is not designated up front and NOAA decides to pursue a phased designation approach in order to accommodate offshore wind development. The Commission unanimously approved the consistency determination without any modifications.
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Why You Should Care
The waters offshore from San Luis Obispo and Santa Barbara Counties is ecologically vibrant and a global biodiversity hotspot. The Sanctuary designation is important for species vulnerable to climate change and extractive practices and to enhance coastal and marine management of this area. The desgination will encourage harmony between human activities and the environment and will help maintain connectivity with other sanctuaries and marine protected areas in California. This sanctuary can also protect the special biologically diverse area from oil and gas development and deep sea mining.
Outcome
Pro-Coast Vote
Anti-Coast Vote
The chairwoman of the Northern Chumash Tribal Council and a representative of the Santa Ynez Band of Chumash Indians, spoke in support of the consistency determination and designation of the CHNMS. The designation is broadly supported and NOAA received over 100,000 comments during their comment periods, though controversy over the name is ongoing. Several organizations spoke in support of the staff recommendation, including the Otter Project, Sierra Club California, Environmental Defense Center, Coastal Ranches Conservancies and other local residents.
The Commission fell short of requiring NOAA to include the boundary expansion plan within the draft management plan but urged NOAA to consider including it during their finalization of the plan.
Commissioner Meagan Harmon asked NOAA about the expansion plan and they responded that an expansion will need to restart a new public process for an environmental assessment and stated that there will be a clear commitment to a timeframe if they do go for the phased approach - there is no way to make it an enforceable deadline through the management plan process.
Commissioner Jennifer Eckerle pointed out that this is the first sanctuary designation focused on tribal co-management.
Commissioner Ann Notthoff asked about the ability for NOAA to regulate oil and gas in the boundary expansion area but the NOAA representative stated that they would not have that type of authority.
Commissioner Effie Turnbull-Sanders highlighted the Chumash letter and the need for deep listening to first nation or indigenous peoples and their needs rather than having cultural anthropologists exert undue influence on the name, given the history of cultural appropriation and the importance of avoiding the historic wrongs. NOAA responded that they are committed to supporting tribes and native programs that they will support. This moves forward Governor Newsom’s 30x30 initiative to conserve 30% of California lands and coastal waters by 2030.
Organizations Opposed
One commercial fisher from Morro Bay spoke in opposition, claiming there were already enough protections off the California Coast.
Decision Type
Consistency Determination
Staff Recommendation
Concurrence