Proposed Chumash Heritage National Marine Sanctuary Frequently Asked Questions

Q: Why is NOAA proposing to designate a national marine sanctuary along the central coast of California?

A: NOAA is proposing Chumash Heritage National Marine Sanctuary to manage, interpret, and protect the Central California coast’s nationally significant underwater cultural and natural resources and history. The region’s lands and waters hold cultural, spiritual, and historical significance to the Chumash and Salinan Peoples and have remained home to coastal, ocean-going Indigenous Peoples since time immemorial. Special geological features like Rodriguez Seamount create unique ecological conditions in the area. This, combined with an important biogeographic transition zone and upwelling, supports large populations of marine life and boosts both biodiversity and productivity. Over 200 shipwrecks are documented in the region, including the Gold Rush era steamship Yankee Blade and U.S. Coast Guard Cutter McCulloch, which are listed on the National Register of Historic Places.

Due to threats to the area from human activities, industrial uses, and climate change, additional protection and management is needed. Rather than focusing on a single species, issue, or activity separately, NOAA’s Office of National Marine Sanctuaries uses an ecosystem-based management approach, which includes interactions among the physical and biological features of the marine environment, as well as human interactions at each individual sanctuary site.

The designation of Chumash Heritage National Marine Sanctuary would bring comprehensive community- and ecosystem-based management to the area’s nationally-significant natural, historical, archaeological, and cultural resources, while meaningfully involving local Tribes and Indigenous groups, to help guide sanctuary management and programming.

Q: What are the final steps in the sanctuary designation process?

A: The next steps are as follows:

1. On Sept. 6, 2024, NOAA announced the release of the final environmental impact statement for the proposed Chumash Heritage National Marine Sanctuary designation in the Federal Register. This is a significant step in the sanctuary designation process, with a final agency decision expected in October 2024. The final environmental impact statement provides decision-makers and the public with an evaluation of the effects of the proposed action to designate the coastal and offshore waters along the Central California coast as a national marine sanctuary.
2. As required by the National Environmental Policy Act, NOAA must wait 30 days after publication of the final environmental impact statement before making its decision. Following the 30 days, should NOAA decide to designate the sanctuary, the agency will release the final regulations and final management plan. This action starts a review period for the governor of California and Congress. They have 45 days of continuous congressional session to review the documents under the National Marine Sanctuaries Act before the designation becomes effective.
3. A Federal Register notice announcing the effective date for the designation will be published after the 45-day review period ends for Congress and the governor of California. The sanctuary designation will be final on this effective date. At this time, NOAA estimates the sanctuary’s effective date will be in December 2024 or January 2025.

Q: How did NOAA choose the Final Preferred Alternative sanctuary boundary?

A: NOAA’s Final Preferred Alternative boundary covers 4,543 square miles of coastal and ocean waters offshore Central California, stretching out to nearly 60 miles from shore and down to a maximum depth of 11,580 feet. The sanctuary would allow for the protection of nationally significant natural, ecological, historical, and cultural resources along 116 miles of coastline from just south of Diablo Canyon Power Plant in San Luis Obispo County to the Gaviota Coast in Santa Barbara County. This boundary has been identified after thorough consideration of public and Indigenous community comments, NOAA’s responses to those comments, Biden-Harris Administration and state of California priorities, and consultation among federal agencies and the federally recognized Santa Ynez Band of Chumash Indians.

The reasons for the Final Preferred Alternative boundary center around clarifying information provided by the three Morro Bay Wind Energy Area leaseholders about subsea energy transmission cables and NOAA’s consideration of this information in light of state and federal renewable energy and conservation goals, the purposes and policies of the National Marine Sanctuaries Act, and the purpose and need of the proposed sanctuary. See the section pertaining to sanctuary boundaries in the response to comments (Appendix A) of the final environmental impact statement(e.g., Comment BO-1) for further explanation on the boundary.

Importantly, NOAA considers the 2024 designation of Chumash Heritage National Marine Sanctuary as Phase 1 for sanctuary conservation on California’s central coast. NOAA envisions a Phase 2 process where it will consider expanding boundaries to encompass areas that were included in the original study area. See final environmental impact statement Section 3.2.3: Boundary Adjustment Action Plan, for more information on Phase 2.

Q: What steps has NOAA taken to solicit input from Tribes and Indigenous communities on the proposed national marine sanctuary designation?

A: NOAA has engaged, consulted, and worked directly with Tribes and Indigenous communities throughout the national marine sanctuary designation process. In November 2021, NOAA commenced government-to-government consultation to directly engage with the federally recognized Santa Ynez Band of Chumash Indians in the designation process.

NOAA also began engagement with all interested local Chumash and Salinan Tribes and Indigenous communities. Their input was considered in the draft designation documents, in particular, for development of the Indigenous Collaborative Co-Stewardship Framework. With publication of the draft designation documents, NOAA continued to engage with all interested Tribes and Indigenous communities through National Historic Preservation Act Section 106 consultations. Throughout the designation process, NOAA has held 40 meetings and calls with 13 local Tribes and Indigenous groups.

Q: What is the framework that NOAA envisions for Indigenous collaborative co-stewardship of the sanctuary?

A: NOAA envisions a collaborative co-stewardship management structure for the sanctuary to provide for respectful and meaningful involvement of representatives and partners from multiple local Tribes and Indigenous communities, including individuals with knowledge of Indigenous culture, history, and environment.

This structure would include: 1) sanctuary management by NOAA as part of its federal agency responsibilities; 2) required government-to-government Tribal consultation with the Santa Ynez Band of Chumash Indians; 3) an Intergovernmental Policy Council; 4) the Sanctuary Advisory Council; 5) an Indigenous Cultures Advisory Panel; and 6) nonprofit foundations engaged in joint project partnerships. NOAA welcomes the opportunity to build trust and relationships over time with Indigenous governments, organizations, and Peoples interested in the sanctuary or concerns. For more information, see Section 3.2.3 and the Tribal and Indigenous section of Appendix A within the final environmental impact statement.

Q: How will NOAA engage the public in sanctuary management?

A: Upon designation, NOAA would establish a new Sanctuary Advisory Council. National marine sanctuary advisory councils are community-based advisory groups established to provide advice and recommendations to the sanctuary superintendent on issues including management, science, service, and stewardship.

Additionally, NOAA would conduct periodic sanctuary management plan reviews, during which time the public would have the opportunity to provide input. The management plan review process allows national marine sanctuaries the opportunity to look at how the area is changing and adaptively manage in collaboration with our Tribal and Indigenous, state, local, and federal partners, and engage the public in the decision-making process.

All Sanctuary Advisory Council meetings are open to the public and NOAA encourages active public participation and equal access. National marine sanctuaries welcome all to participate.

Q: How would NOAA address offshore wind development in or near the proposed sanctuary area?

A: To address the climate change crisis, NOAA is committed to advancing the Biden-Harris Administration’s goals for marine conservation as well as for clean renewable energy. NOAA’s Final Preferred Alternative boundary excludes an area in which subsea electrical transmission cables and floating offshore substations could be installed outside of the proposed national marine sanctuary to connect the Morro Bay Wind Energy Area to the electrical power grid at Morro Bay and/or Diablo Canyon Power Plant. NOAA will continue to participate in the ongoing planning processes for offshore wind energy development by the U.S. Bureau of Ocean Energy Management and the state of California. See the offshore wind energy and development section within Appendix A of the final environmental impact statement.

Q: Would the proposed national marine sanctuary regulate commercial or recreational fishing?

A: NOAA is not proposing to directly regulate lawful fishing in the proposed national marine sanctuary. The agency would coordinate with federal and state fishery managers and engage with potentially affected fishermen, should issues arise in the future. NOAA consulted with the Pacific Fishery Management Council as part of the designation process. Chumash Heritage National Marine Sanctuary’s terms of designation do not authorize the sanctuary to directly regulate lawful fishing.

Q: Would the proposed national marine sanctuary create new or add to existing restrictions on boating?

A: NOAA is proposing discharge regulations that would prohibit vessels from discharging sewage, oily bilge water, or certain other discharges into national marine sanctuary waters. With this proposed regulation, existing discharge restrictions in state waters would be extended throughout the sanctuary. Vessels would need to have a marine sanitation device or use sewage pump-out or dump stations or mobile pump-out services to discharge sewage.

At this time, NOAA has not included a regulation limiting operation of motorized personal watercraft. NOAA intends to collaborate with local and state agencies, harbor masters, and most importantly, boaters, who use the sanctuary to find the best ways to operate on the ocean without harming resources through discharges.

Q: What activities will be prohibited in the proposed Chumash Heritage National Marine Sanctuary?

A: NOAA proposes to adopt 11 regulations that are generally consistent with regulations in the adjacent Monterey Bay and Channel Islands national marine sanctuaries. With a few exceptions, the proposed regulations would prohibit:

• New offshore oil and gas development
• Wildlife harassment
• Alterations to the seabed
• Sewage and certain other discharges
• Disturbance of historical resources
• Attracting a white shark
• Deserting a vessel
• Introducing non-native species into the sanctuary

See Chapter 3 of the final environmental impact statement (Table 3-1) for the full list of proposed prohibitions. NOAA is including various exemptions and exceptions to these prohibited activities found at other sanctuaries including several different permit processes.

Q: Why is there a 45 day waiting period between the publication of the final rule and issuance of a formal national marine sanctuary designation?

A: Under the National Marine Sanctuaries Act, a national marine sanctuary designation only becomes final after 45 days of continuous congressional session. During this time, Congress and the governor of the state in which the sanctuary is being designated review NOAA’s documents.