Experts disagree
Shawn Alladio, owner-operator of K38 Water Safety, has arguably
logged more hours on a jet ski in Northern California waters than
anybody. She feels strongly that NOAA is regulating well outside
of its area of expertise. "NOAA is a scientific agency,"
she says, "and yet they are proposing a ban on MPWC when they
haven't presented any facts or studies about the so-called impacts
of MPWC on the Sanctuary resources." Alladio views the whole
controversy as an enforcement issue as opposed to an environmental
or regulatory one. "In California we have local, state and
federal boating laws that are good and that work. If those were
just enforced, we wouldn't have a problem."
Rachel
Saunders of the MBNMS disagrees. "Protecting resources in the
Sanctuary is our number one priority, as mandated by Congress,"
she says, "and the MPWC issue falls under the area of wildlife
disturbance." She goes on to say that the proposed plan was
developed with the community's best interests in mind. "This
management plan is really a community collaboration," says
Saunders. "We began developing it in 2001, when we had a series
of scoping meetings to get community input on what were the priority
issues. After narrowing down the list, we set up a series of working
groups, which included a specific working group on MPWC."
According to Scott Kathey of the MBNMS, who headed up the MPWC
working group, the only area that was considered for an exception
to the restrictions was Maverick's. "The reason it was considered
was the Sanctuary and its Advisory Council was informed that it
was the only surfing area of its kind in the continental United
States where surfers could catch waves of that size and magnitude."
But the working group—which included surfers Peter Mel, Doug
Ardley from Surfer's Environmental Alliance and Mike Kimsey from
Surfrider San Mateo Chapter, as well as several boating and personal
watercraft industry representatives—could not reach a consensus
on how to allow yet regulate MPWC use and tow-in surfing in the
Sanctuary. In fact, the group could not even agree on whether or
not MPWC use should be allowed at all, even with a permitting program
in place.
Permit systems are difficult at best
While the agency does have the authority to issue permits for activities
that are otherwise prohibited within the Sanctuary, it's far from
a straightforward process. "There are a lot of problems with
implementing a permitting system for Maverick's," says Kathey.
"Number one is that Maverick's sits adjacent to Fitzgerald
Marine Reserve, and there's a great deal of concern about the impact
on marine mammals that frequent that reserve." There are also
many unanswered logistical questions such as who would get the permits,
how many would be issued and how they would be enforced. According
to Kathey, even if these administrative issues were ultimately worked
out, they still would have to go through legal review by NOAA general
counsel.
If this all sounds particularly bureaucratic, it's because it is.
Saunders and Kathey concede that the Sanctuary won't even begin
to consider a permitting program for Maverick's until after the
Management Plan is finalized and implemented, which probably won't
be until Summer 2007. At that point, the MBNMS will form yet another
working group to look specifically at the possibility of permitting
at Maverick's.
What does all this mean for tow-in surfers and their supporting
cast? Well, for one, free use of MPWC within the Monterey Bay National
Marine Sanctuary appears like it will be coming to an end sometime
in 2007. Secondly, as it stands now any waves other than Maverick's
(i.e. Ghost Tree, Potato Patch, and yet-to-be-named mysto reefs)
within the Sanctuary will be completely off limits to the watercraft.
Finally, it looks like Mav's tow teams will be dry docked beginning
in mid-2007 until which time the MBNMS is able to decide on and,
if applicable, implement a permitting program. If such a program
is put in place, MPWC use at Maverick's will likely be significantly
restricted in overall numbers and frequency.
What remains to be seen is how tow-in surfers will respond to any
imposed restrictions. "I think what's going to happen now is
guys are going to form renegade crews that will try and pull it
off," says Mel. "Then there's going to be guys who are
going to use boats to do it. If I want to keep towing, I'll probably
end up using a Zodiac, which is going to be twice as bad and twice
as dangerous, but legal."
Mel is clearly weary of all the debate
surrounding the controversy. "There are a lot of political
issues I never knew I was getting into when I first stepped into
this. All I wanted to do was help out a few surfers and catch a
couple of waves."
Excerpts from the MBNMS Draft Management Plan
HOW TO GET INVOLVED
The NMSP will accept public comments until January 5TH, 2007 at this email address: jointplancomments@noaa.gov
PUBLIC HEARINGS
Nov 29th, 2006, 6:30 PM
Cambria Pines Lodge
2905 Burton Drive, Cambria, CA 93428
Nov 29th, 2006, 6:30 PM
Bodega Marine Laboratory
2099 Westside Road, Bodega Bay, CA 94923
Nov 30th, 2006, 6:30 PM
Monterey Conference Center
One Portola Plaza, Monterey, CA 93940
Nov 30th, 2006 6:30 PM
Dance Palace Community Center
503 B Street, Point Reyes Station, CA 94956
Dec 5th, 2006 6:30 PM
U.C. Santa Cruz Inn and Conference Center
611 Ocean Street, Santa Cruz, CA 95060
Dec 5th, 2006 6:30 PM
Fort Mason Center, Firehouse (NE corner of Center)
San Francisco, CA 94123
Dec 6th, 2006 6:30 PM
Community United Methodist Church
777 Miramontes Street, Half Moon Bay, CA 94019 |
RELATED STORIES
FOR MORE INFORMATION
Excerpts from the MBNMS Draft Management Plan
sanctuaries.noaa.gov/jointplan/drafts/mb_mp.html
sanctuaries.noaa.gov/jointplan/involved.html
www.surfridersmc.org/portal
www.towsurfer.com
Comment period began October 6th and goes through January 5, 2007.
Information workshops were held throughout the month of October.
Public hearings begin November 29th and run through December 6th,
exact schedule per area can be found at:
sanctuaries.noaa.gov/jointplan/involved.html
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