Marine reserves created under the Marine Life Protection Act Initiative (MLPAI) should ban more than fishing, the California Attorney General”s Office said in a memo last week.
Locals had questioned why only fishing has been targeted in the current MLPAI process. Major ocean industrialization proposals such as wave energy, oil drilling and fiber optic pipelines all come with admitted major environmental impacts but none have been targeted, or even discussed by the MLPAI.
The Attorney General”s memo has no authority unless locals incorporate it into the current process and maybe not even then. The memo is described by the AG”s office as “informal advice.”
“This [banning ocean industrialization uses in marine reserves] should have been on the top of the list of concerns regarding MLPAs, not a legally dubious footnote,” said David Gurney of Fort Bragg. “If the MLPA backers are sincere, we will see this written into the law.”
Oil drilling is already completely banned in state waters. Federal uses, including Navy testing in state waters, are not mentioned in the AG”s opinion.
There is good news for surfers, who will lose no favorite spots. The AG memo clarifies that uses like surfing, boating, anchoring and kayaking would be allowed in all three types of MLPAs.
There is also good news for ocean developers, who could get to use many of the new MLPAs after they are closed to most fishing.
The memo says restrictions beyond fishing only would happen in a marine reserve, where all fishing uses are banned. Apparently there is no contemplation of banning ocean industrialization in the two other types of MLPAs, marine parks and marine conservation areas.
Marine parks and marine conservation areas ban commercial fishing but allow some types of recreational fishing.
There is further good news for wave energy developers.
The AG memo makes it clear that a marine reserve cannot be placed in an area where there are existing leases or permits, such as the state waters portion of the 136 square miles reserved by Pacific Gas and Electric off Eureka for wave energy or the area off Mendocino reserved by GreenWave LLC.
In the memo, the AG tosses final authority on marine reserves back to state agencies like the California Department of Fish and Game to decide what should be banned.
“While the managing agency or designating entity ultimately determines which specific activities may injure, harm, take or possess marine resources, and are therefore inconsistent with a Marine Reserve, activities that generally would not be allowed in [a state marine reserve] include, but are not limited to, dredging, the construction and maintenance of jetties or other structures, intake pipes, sand borrowing, and beach nourishment (all issues in Southern California).”
Melissa Miller-Henson, the MLPAI spokeswoman who appeared in Fort Bragg last week, explained that these agencies would likely prohibit all ocean industrialization uses.
“In general, those agencies have said that things like dredging, the construction and maintenance of jetties or other structures (definitely includes oil and gas or wave energy structures and I would guess likely includes cables),” said Miller-Henson in an email. She planned further confirmation for a future article.
So far, the state MLPAI is moving forward with no mention of similar and conflicting processes going on in federal waters.
The Obama Administration is currently working on zoning for the ocean in federal waters. Oil drilling, wave energy plants and federal MLPAs are all being contemplated for waters more than three miles out and all would interact with state MLPAs.
“A California MLPA has to work hand in hand with the federal government. They can and will drill outside state jurisdiction of three miles out, if allowed to. Natural gas and oil drilling will definitely ruin any MLPA zones near shore,” said Gurney.
