DATE: June 12, 2018
SUBJECT:
Title
PRESENTATION AND UPDATE ON THE SAN DIEGO OCEAN PLANNING PARTNERSHIP: EARLY LEARNINGS FROM STAKEHOLDER INPUT
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EXECUTIVE SUMMARY:
On October 13, 2016, by Resolution #2016-159, the Board of Port Commisisoners (Board) approved a Memorandum of Agreement (MOA) with the California State Lands Commission (State Lands) to create a collaborative partnership to gain an understanding of and establish a process to enhance management opportunities to balance the different ocean uses for the state-owned tidelands and submerged lands located in the Pacific Ocean offshore of San Diego County (Attachment A).
This partnership, called the San Diego Ocean Planning Partnership (Partnership), is a pilot project. The Partnership represents State Lands’ and the District’s commitment to balancing public trust uses in manner that protects, supports, or enhances aspects of commerce, fisheries, navigation, recreation and environmental stewardship and also promotes transparent, robust public engagement during all phases of this pilot project.
Currently, State Lands and District staff are engaging stakeholders and collecting data. Stakeholder input and preliminary data collection will culminate into a Preliminary Assessment Report. Future steps for the pilot project will be based and dependent upon information in the Preliminary Assessment Report, as well as further development of an interactive spatial tool. Refer to the attached timeline for an overview of the anticipated process and schedule (Attachment B).
Over 130 stakeholder groups and individuals have been identified to date, and State Lands and District staff are working together to engage this extensive assortment of stakeholders and learn about ocean uses, challenges, and opportunities. The “Early Learnings” update will include a high-level presentation of preliminary observations from stakeholder input and data collection including feedback on ocean uses; challenges, benefits and concerns with ocean planning; and applying “lessons learned” from previous planning, permitting or review processes to this pilot project. Ultimately, stakeholder input received by both State Lands and the District will be summarized in the Preliminary Assessment Report.
RECOMMENDATION:
Recommendation
Receive presentation and update on the San Diego Ocean Planning Partnership.
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FISCAL IMPACT:
The Aquaculture & Blue Tech and Planning departments’ approved non-personnel expense budgets for FY17/18 and FY18/19 include funds to support this effort.
Compass Strategic Goals:
This agenda item supports the following Strategic Goal(s).
• A Port with a healthy and sustainable bay and its environment.
• A Port that the public understands, trusts and values.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A Port that is a safe place to visit, work and play.
• A financially sustainable Port that drives regional job creation and regional economic vitality.
DISCUSSION:
Background
National Ocean Policy
On July 19, 2010, Executive Order 13547, “Stewardship of the Ocean, Our Coasts, and the Great Lakes” was issued. The order adopts a National Ocean Policy to assist the federal government and coastal states, tribes, and stakeholders, to protect, maintain, and restore the ecological health of the ocean, promote sustainable use of ocean and coastal resources, and strengthen coastal economies. The Executive Order established the National Ocean Council and provides for the development of a Coastal and Marine Spatial Planning (CMSP) framework, which is a “framework for effective coastal and marine spatial planning that establishes a comprehensive, integrated, ecosystem-based approach to address conservation, economic activity, user conflict, and sustainable use of ocean, coastal, and Great Lakes resources.”
The CMSP framework provides an opportunity to engage public stakeholders, take advantage of advances in blue technology, and creates marine spatial planning tools. The National Ocean Council defers to Regional Planning Bodies as the main planning entities for CMSP. The West Coast Regional Planning Body (West Coast RPB) includes the states of Washington, Oregon, and California, as well as federally-recognized tribal governments in the region. California’s state members on the West Coast RPB include the Ocean Protection Council and State Lands.
Note that while State Lands is a member of the West Coast RPB, the Partnership is not a part of this regional planning body. Nonetheless, the Partnership will ensure coordination with the West Coast RPB, as this pilot project continues to progress.
California State Lands Commission Strategic Plan
State Lands adopted a Strategic Plan on December 18, 2015. The Strategic Plan equips State Lands to adapt to emerging challenges and opportunities, while creating a meaningful framework to achieve its policy goals. State Lands highly values public engagement, and has developed strategies to foster relationships and maximize coordination and collaboration with other agencies. One of the targeted outcomes of these public engagement strategies is to lead or participate in marine spatial planning in support of State Land’s responsibility as a trustee of Public Trust lands and resources. State Land’s participation in the Partnership is in alignment with and advances implementation of their Strategic Plan.
San Diego Ocean Planning Partnership
On October 13, 2016, by Resolution #2016-159, the Board approved an MOA with State Lands to form and memorialize a collaborative partnership to gain an understanding of and establish a process to enhance management opportunities for the state-owned tidelands and submerged lands located in the Pacific Ocean offshore of San Diego County. The initial effort established by the Partnership includes stakeholder engagement and data collection.
The pilot project centers on Public Trust uses including commerce, navigation, recreation, fishing, and environmental stewardship. The pilot project is to be developed in a comprehensive, adaptive, integrated, and transparent way. It is not a process to create zoning or water use controls in the ocean space. Rather, it is a process that has the potential to reduce conflict, and possibly standardize a process for early engagement and conflict resolution between ocean users by first taking a comprehensive approach to identifying current activities in the ocean space, as highlighted by stakeholders and further discussed below. The pilot project intends to maximize economic, environmental, and societal co-benefits in a manner that is balanced and holistic.
Stakeholder Outreach
State Lands and District staff have identified over 130 stakeholder groups and individuals to be involved in this effort so far, including local, state, and federal agencies, nonprofits, academia, commercial fishing, recreational fishing, tribes, local cities, and other ocean user groups. Stakeholder engagement is an ongoing process and there have and will be multiple opportunities for stakeholders to provide input, either through focused conversations, group discussions, or public meetings. Typical topical discussions facilitated by State Lands and the District to stakeholders include uses and challenges in the ocean space, as well as previous participation in other planning processes, and “lessons learned” from those experiences.
Examples of feedback received to date include:
• Need to clearly define and describe the goals for the Partnership’s effort;
• Identification of potential agencies that may require involvement in future processes;
• Consideration of reducing or extending the boundaries of the area being studied;
• Expanding public engagement efforts;
• Existing and varying perspectives of marine spatial planning, both positive and negative;
• Establishment of a conflict resolution framework model or similar process; and
• Requests to update the MOA to clarify its focus and purpose, including specific clarification that the intent of the pilot project is not to establish zoning for the ocean areas.
All stakeholder input received is important and will not be prioritized or ranked. Additional stakeholder engagement may result based on feedback received throughout the process.
Early Learnings
Expanding on the examples of feedback listed above, the “Early Learnings” update will present input received from stakeholders to date. Note that this is not a comprehensive list of all input received, but rather includes some general, preliminary observations made during stakeholder meetings conducted by the District. State Lands and the District asked a similar set of initial questions to all stakeholders to ensure consistency. Examples of these questions and the feedback provided to District staff include:
Have you previously participated in an ocean planning process or a similar planning process?
• Marine Life Protection Act Initiative (participation as a stakeholder, member of the public, or facilitation of the marine protected area designation process)
• Integrated Natural Resources Management Plan (participation in providing feedback for the creation of this joint document between the Navy and the District)
• Pacific Fisheries Management Council (participation in providing input on projects reviewed by the Council)
• National Environmental Policy Act (participation in the environmental review of projects)
• California Environmental Quality Act (participation in the environmental review of projects)
How do you currently use the ocean space?
• Navigation, security, and safety
• Commercial use (fishing, maritime, etc.)
• Recreation (boating, kayaking, fishing, etc.)
• Conservation and resource management
• Academic research
What are your current challenges with using the ocean space?
• Operational resources (e.g. limited funding to optimize their use of the ocean)
• Difficulty navigating the regulatory landscape
• Environmental conditions (e.g. beach erosion, sea level rise)
What potential benefits do you see for ocean planning?
• Coordination of efforts on regional issues
• Collaboration, cooperation, and communication between stakeholders
• Better access to common information
Do you have suggestions for managing the ocean planning process?
• Have clear and well-communicated vision
• Have a process to resolve potential conflicts
• Make the process inclusive and transparent
What else would you like us to consider through this process? What should we be concerned with?
• Public outreach (i.e. listen to all voices equally, keep stakeholders informed)
• Balance all uses
• Concerns that ocean planning has the ability to exclude uses and will result in zoning
• Concerns that this process could add another layer of regulation or burden on local jurisdictions
As mentioned, the input above is not a comprehensive list of all meetings with stakeholders to date, but rather includes general observations. Additionally, the input above is only reflective of stakeholder input received by the District to date. Moving forward, the Preliminary Assessment Report (discussed below) will summarize stakeholder feedback and input received by both State Lands and the District.
Next Steps
Periodic updates on the progress of stakeholder outreach and data collection efforts will be presented to both State Lands and the Board throughout 2018. State Lands and District staff will continue to conduct on-going outreach to federal, state, and local agencies, tribes, non-governmental organizations, industry, fishing interests, community organizations, universities, the military and other stakeholder groups.
Based on feedback received throughout the public engagement process, State Lands and District staff will continue to coordinate, share, and combine resources and data to develop a Draft Preliminary Assessment Report. The Draft Preliminary Assessment Report will include preliminary findings and recommendations and will be circulated for public feedback. The team anticipates holding a public workshop or other public engagement event to obtain additional input and feedback on the Draft Preliminary Assessment Report later this summer. A final version of the Preliminary Assessment is planned to be completed by the end of this year.
As a companion to the Preliminary Assessment Report, next steps will also include the development of an interactive spatial tool. Throughout this effort, State Lands and District staff will continue to compile relevant data and information, and scientific peer-reviewed data to ensure the use of best available science and data in the tool and plan to provide a demonstration of the tool later this year.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved this agenda as to form and legality.
Environmental Review:
This presentation to the Board does not constitute a “project” or an “approval” of a “project” under the definitions set forth in California Environmental Quality Act (CEQA) Guidelines Sections 15352 and 15378 because no direct or indirect changes to the physical environment would occur. CEQA requires that the District adequately assess the environmental impacts of its projects. If a project is formulated and CEQA review is conducted, the Board reserves its discretion to adopt any and all feasible mitigation measures, alternatives to the project, including a no-project alternative, a statement of overriding considerations, if applicable, and may approve or disapprove the project and any permits or entitlements necessary for the same. Those decisions may be exercised in the sole and absolute discretion of the Board. Based on the totality of the circumstances and the entire record, this presentation does not commit the District to a definite course of action prior to CEQA review being conducted. No further action under CEQA is required at this time.
In addition, this Board item complies with Section 87 of the Port Act, which allows for the establishment, improvement, and conduct of a harbor, and for the construction, reconstruction, repair, maintenance, and operations of wharves, docks, piers, slips, quays, and all other works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient, for the promotion and accommodation of commerce and navigation. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed project is consistent with the Public Trust Doctrine.
Finally, these items do not allow for “development,” as defined in Section 30106 of the California Coastal Act, or “new development,” pursuant to Section 1.a. of the District’s Coastal Development Permit (CDP) Regulations because it will not result in, without limitation, a physical change, change in use or increase the intensity of uses. Therefore, issuance of a CDP or exclusion is not required. However, the District’s projects require processing under the District’s CDP Regulations. If a project is formulated as a result of these items, the Board will consider approval of the project after the appropriate documentation under District’s CDP Regulations has been completed and authorized by the Board, if necessary. The Board’s direction in no way limits the exercise of the District’s discretion under the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Lesley Nishihira
Director, Planning
Lily Tsukayama
Assistant Planner, Planning
Attachments:
Attachment A: MOA with State Lands Commission - Marine Planning Partnership
Attachment B: San Diego Ocean Planning Partnership Timeline