RBOC & BoatU.S. Emphasize Original Purpose of AIS

RBOC and our national advocacy partner BoatU.S.are emphasizing the original objective of automatic identification systems [AIS] to enhance maritime security following 9/11 as discussions are held regarding the potential expansion of the mandate to recreational vessels.

The Los Angeles \ Long Beach Harbor Safety Committee may be considering the placement of a recommendation in Chapter 10 of the Harbor Safety Plan that small commercial vessels and pleasure vessels be equipped with an AIS.

It is our understanding that the proposal is for AIS to be recommended rather than mandated in the Harbor Safety Plan.

Even so, it is important to acknowledge that the mandate for commercial vessels to have an AIS was established to enhance maritime security following 9/11. 

Expansion of the existing mandate to recreational vessels raises a number of significant public policy issues including privacy considerations as well as cost and operational challenges. These warrant an early and broad conversation with the recreational boating community.  

East San Pedro Bay Project Moves Forward, Army Corps of Engineers to Engage Boaters

The California Coastal Commission today concurred in the U.S. Army Corps of Engineers [USACE] consistency determination for the East San Pedro Bay Ecosystem Restoration project in East San Pedro Bay, located offshore of Long Beach.

RBOC joined local boaters and groups in urging the plan to address concerns that proposed kelp beds as currently planned would negatively impact navigation and safety in the project area. This included testimony in today’s commission meeting.

As part of the hearing outcome, the USACA has committed to engaging boater stakeholders in an effort to identify and minimize these concerns.

The first virtual stakeholder session is tentatively planned for January 19.

RBOC Urging State to Initiate Meaningful Engagement with Boating Community on Single Delta Tunnel Project

RBOC is urging the state to begin meaningful engagement with the recreational boating community regarding the single tunnel project through the Sacramento - San Joaquin River Delta.

RBOC has contacted the Delta Conveyance Design and Construction Authority, confirming the serious concerns of the recreational boating community that the Delta Stakeholder Engagement Committee [SEC] is not providing the opportunity for meaningful engagement of our community, our interests, or our concerns regarding the single tunnel project.

Through the thirteen meetings that have been held to date, the SEC has not served as a good-faith effort to work with the community to use the design process as a way to avoid or minimize local community impacts.

Participants have repeatedly attempted to raise a number of significant negative local community impacts and have been informed that they are not appropriate as the committee is limited to technical, engineering and design issues.

The committee is not collaborating with the Delta community to avoid and minimize local impacts. This is a stark contrast to the Department of Water Resources’ September 4, 2019 “Modernizing Delta Conveyance Infrastructure Q & A" statement:

“Participation and collaborative problem solving will be critical to our success. The Newsom administration wants to engage with Delta communities to hear their ideas and concerns… Our agencies are committed to making the public, especially the Delta community, a part of this new strategy to prepare the state for climate change.”

RBOC is also greatly concerned that the public review and comment on the Draft EIR has not yet happened, will not occur for many months, and will not consider any of the main alternatives to a tunnel that the public has suggested for further analysis.

For each of these reasons, it is critical and timely that a formal, meaningful and collaborative engagement with the recreational boating community be initiated.

RBOC Requesting LA County Adopt Safe Reopening Protocol for Recreational Boating

RBOC is supporting the County of Los Angeles Small Craft Harbor Commission request that the Los Angeles County Board of Supervisors authorize the Los Angeles County Department of Public Health Administration to adopt Protocols for Safe Private Recreational Boating in Los Angeles County.

RBOC and the boating community encourage all boaters to practice social/physical distancing in all aspects and other measures to protect themselves and others during these challenging times.

RBOC has posted and communicated safe practice guidelines to assist club and individual efforts at rboc.org: click here.

 Boating is an inherently safe recreational activity from the viewpoint of Covid 19 since individuals are widely dispersed aboard boats in the breeze and open air.

For a copy of the November 18 RBOC letter and referenced safe protocols: click here

RBOC Submits Concerns with Boating Impacts of East San Pedro Bay Ecosystem Restoration Project

RBOC has filed formal comments expressing concerns with the negative impact that the East San Pedro Bay Ecosystem Restoration project would have on recreational boating.

The project is the Draft Integrated Feasibility Report and Environmental Impact Statement / Environmental Impact Report pertaining to the East San Pedro Bay Ecosystem Restoration Feasibility Study of the City of Long Beach.

RBOC acknowledges and appreciates the objectives of this project to restore 18 square miles of the East San Pedro Bay from approximately the Port of Long Beach to Alamitos Bay in a manner that restores aquatic ecosystems in a marine environment, and that increases abundance and biodiversity of marine populations in East San Pedro Bay.

RBOC is concerned that elements in this project, which include additional rock habitat structure that would support kelp, eelgrass and other sensitive species or habitat types, would have a significant, negative impact on boating.

Specifically and as clearly shown in the study materials, the project would place kelp beds in areas that are very popular for boaters throughout the region. These routes provide for safe navigation and have been extensively utilized for several decades. This will only increase in the future as key boating events are planned in this area that will provide both recreational opportunities and economic benefits for the region.

RBOC has therefore requested that:

1. The RBOC organization be included as a stakeholder in any process going forward.

2. The Tentatively Selected Plan (Alternative 4A) be revised to ensure that the negative impacts on recreational boating are eliminated as the project moves forward.  The provisions are set forth on P367, Lines 18-21.

RBOC has submitted comments to the Los Angeles District of the US Army Corps of Engineers.

For the RBOC comment letter including specific excerpts from the study that are of concern: click here

RBOC Opposing Re-started Delta Conveyance Project

RBOC is continuing its opposition to the controversial proposal to construct a tunnel through the Sacramento – San Joaquin Delta as Governor Newsom's Department of Water Resources "restarted" the Delta single tunnel Delta Conveyance Project last week with a Notice of Preparation [NOP] that initiates the Environmental Impact Review [EIR]. 

RBOC urges boaters to submit their concerns by the March 20 deadline, and to attend and speak at one of the seven public scoping meetings to be held on February 3, 5, 10, 12, 13, 19 and 20 throughout the state.

The Delta Conveyance Project, even as a single-tunnel version of the previous WaterFix project, would be a massive construction project that could seriously impact boaters’ access to the Delta for years to come.

Stated RBOC President Daniel J. Hodge: “RBOC and the boating community must continue to speak strongly during this new phase. Even as reconfigured, the single tunnel would significantly impair the ability of boaters to access the 1,000 miles of waterways in the Delta – especially during the 13 or more years of construction.”

The proposed Delta Conveyance Project is the latest threat to boating in the Delta.  The project is described in the NOP is a single underground tunnel with two intakes that together have a total diversion capacity of 6,000 cubic feet-per-second (cfs). The NOP notes that there will likely be alternatives identified that evaluate a range of capacities from 3,000 cfs to 7,500 cfs.

Construction and commissioning of the overall conveyance project is projected to take approximately 13 years. During construction, major waterways and tributaries could be closed to recreational boaters. The project announcement notes that probable effects may include the displacement and reduction of recreation sites as well as effects on marine traffic.

RBOC concerns include:

The significant, negative impact that will occur with the closure of waterways to navigation during the lengthy construction period.

• The absence of a plan to ensure that the Delta infrastructure will not only be preserved, but improved.

• The lack of surety that the plan will address the threat that climate change and increased water transfer pose to the amount and quality of water in the Delta.

• RBOC urges boaters to take action by submitting comments and attending one of the seven public scoping meetings.

Public comments on the NOP are due on March 20, 2020 by 5 p.m. and may be submitted via email at DeltaConveyanceScoping@water.ca.gov or mail at Delta Conveyance Scoping Comments, Attn: Renee Rodriguez, Department of Water Resources, P.O. Box 942836, Sacramento, CA 94236.  

The proposed project is of statewide, regional or area-wide significance; therefore, a CEQA scoping meeting is required pursuant to Public Resources Code Section 21083.9, subdivision (a)(2). Public Scoping meetings are scheduled to take place at the following times and locations:

• Monday, February 3, 2020, 1 p.m. – 3 p.m. California Environmental Protection Agency Building, 1001 I Street, Sacramento

• Wednesday, February 5, 2020, 6 p.m. – 8 p.m. Junipero Serra State Building, 320 West Fourth Street, Los Angeles

• Monday, February 10, 2020, 6 p.m. – 8 p.m. Jean Harvie Community Center, 14273 River Road, Walnut Grove

• Wednesday, February 12, 2020, 6 p.m. – 8 p.m. Santa Clara Valley Water District Board Room, 5750 Almaden Expressway, San Jose

• Thursday, February 13, 2020, 6 p.m. – 8 p.m. San Joaquin Council of Governments Board Room, 555 Weber Avenue, Stockton

• Wednesday, February 19, 2020, 6 p.m. – 8 p.m. Clarksburg Middle School Auditorium, 52870 Netherlands Road, Clarksburg

• Thursday, February 20, 2020, 6 p.m. – 8 p.m. Brentwood Community Center Conference Room, 35 Oak Street, Brentwood

For the RBOC press release: click here

RBOC Urges Action to Protect Public Access in Orange County

RBOC is requesting that the County of Orange take action to protect access to the county’s beaches and docks for public safety and recreational users.

RBOC has contacted the OC Parks, the Orange County Sheriff’s Department, Patrol, and the California Coastal Commission, requesting that the County of Orange:

1.       Restore full access to including the “72 hour Dinghy Dock” and the “20 Minute Loading Dock” at the Orange County Parks Facility located at 1901 Bayside Drive in Corona Del Mar.

2.       Maintain public access to the beach and docks via water and land for public safety and recreational users.

There are no other public docks on the Corona Del Mar side of the Harbor.  Furthermore, there are few public docks in Newport Harbor and they are all highly impacted. 

RBOC’s request follows the reported actions taken by the Orange County Sheriff’s Department Harbor Patrol that have shut down docking areas at its Newport Harbor headquarters.

At issue is the protection of public access to coastal beaches and waterways. These protections, set forth in the state Coastal Act, apply to the California Coastal Commission permits that have been issued to the headquarters at 1901 Bayside Drive.

The change in access to the two docks at 1901 Bayside has had (and will continue to have) a negative impact on boaters, guests of boaters, harbor enthusiasts and mooring users in the County of Orange.

RBOC is requesting restoration of full access to these two docks which community has enjoyed and relied upon for the past many years.

Boaters' Opportunity to Comment - Trestle Across Mokelumne River

Boaters have the opportunity to provide comments on a temporary trestle Caltrans is proposing across the Mokelumne River prior to a January 23 deadline - for the referenced notice and information on submitting comments: click here.

From the USCG in transmitting the notice:

“Caltrans is proposing to erect a temporary trestle across the Mokelumne River, mile 22.9 at I-5 Bridges to facilitate the construction of a seismic retrofit project.  The temporary trestle is anticipated to be in place July to Oct 2019 and 2020.  

“Attached is a CG letter requesting comments from waterway users to determine if the temporary trestle meets the reasonable needs of navigation on the waterway during construction.”  

“Comments concerning this proposal are due NLT COB on January 23, 2019.”

RBOC Urges BCDC Approval of Wespoint Harbor Proposed Settlement

RBOC has submitted new formal comments to San Francisco Bay Conservation and Development Commission Executive Director Goldzband and Commissioners, strongly urging the Commission to approve without modification the proposed settlement between BCDC and Westpoint Harbor brought forth by the Commission staff and the Commission’s Enforcement Committee.

As stated in the RBOC letter, signed by President John Marshall:

“Since its establishment nearly a decade ago, Westpoint Harbor has become a valuable asset to the Bay’s recreational boating community.

“The harbor has been justly recognized by the public, governmental entities, environmentalists, enthusiasts and the boating community as a successful marina development which adds significant value to the San Francisco Bay Area, its environment and recreation.”

Santa Ana Regional Board Postpones October 19 Copper Decision; RBOC Urges Boaters to Participate in Workshops

RBOC is cautious but encouraged that the Santa Ana Regional Water Quality Control Board has taken an initial step to respond to concerns being expressed by individual boaters and clubs, SCYA, RBOC, BoatUS, the boating industry and the City of Newport Beach by cancelling the Public Hearing for the consideration of the adoption of proposed Basin Plan amendments to incorporate Total Maximum Daily Loads [TMDLs] for Copper and Non-TMDL Action Plans for Zinc, Mercury, Arsenic, and Chromium in Newport Bay.  

The TMDL amendment to the Basin Plan aims at reducing copper in Newport Bay with recreational vessels identified as the major contributor.

Stated RBOC President John Marshall of Newport Beach: “RBOC is cautious but encouraged that the regional board is responding  to the numerous concerns by delaying this key decision to allow for further engagement with the boating community and other stakeholders. Hopefully, those discussions will take place this time, as similar statements and promises were made 21 months ago. We urge individual boaters and clubs to continue and increase their engagement by attending and participating in any workshops that are held.”

The water board announcement of the meeting cancellation states that: “The public hearing has been cancelled to allow time for staff to further engage with stakeholders and the public regarding the proposed Basin Plan amendments. A new date for the Public Hearing has not been set at this time. Further notification will be provided when the Public Hearing is rescheduled.”

More on this issue:

RBOC filed formal comments in August urging the Santa Ana Regional Water Quality Control Board not to adopt basin plan amendments that would impose stringent new requirements impacting the use of  copper-based anti-fouling paints by recreational boaters. In those comments:

RBOC reiterates the comments we submitted in 2016 and also endorses the August 22 comments that have been submitted by the City of Newport Beach, the points raised in those comments, and the City’s request. These include:

• It has been 21 months since the October 28, 2016 workshop and there have been no workshops, no outreach to the boating community, no inclusion of named dischargers in the development of the latest draft TMDL.

• To date, we do not believe that our concerns about the practical impacts of the proposed implementation plan to our community and Newport Bay have been acknowledged or appreciated. Our original comments and concerns still stand.

• The copper TMDL unlawfully attempts to force local agencies to solve a conflict caused by the Regional Board's failure to convince the Legislature or its sister state agencies to ban copper anti-fouling paint [AFP].

• The copper TMDL is unlawful because alternatives to copper AFP are not effective or available and may have significant adverse environmental impacts.

• The phased implementation schedule is unreasonable and unsupported, and would force substantial early investments that may be unnecessary.

 In addition, RBOC is significantly concerned that:

• The revised amendments place an unfair and unreasonable responsibility on boats to continue to be responsible for lowering the levels of copper even after boat copper loads have been reduced to recommended levels, if the water column then shows that copper levels exceed 3.1 CTR.

• The information included in the attachments establishes that there may in fact not be a copper impairment [either in the water or sediment], and that no implementation plan is necessary at this time.

• The board has not acknowledged and learned from the challenges ongoing at Marina del Rey Harbor and Shelter Island.

• The revised amendments do not reflect the fact that alternatives to copper-based AFP may cause greater environmental harm and may increase the entrance and spread of invasive species.

• The copper TMDL imposes unfunded state mandates.

• The substitute environmental document fails to comply with the California Environmental Quality Act and CEQA's implementing guidelines.

• The revised amendments seem flawed, preempted, give substandard consideration to current conditions and technical analyses, and do not comply with CEQA.

RBOC joins in the request of the City of Newport Beach that the board:

• Not adopt the amendments at this time.

• Select an additional review period a meaningful discussion about additional testing and monitoring, education, best management practices, the implementation timeline for DPR's updated AFP regulations, and more, with the goal of coming back to the Regional Board with more robust data and implementation ideas.

• Commit to participating thoroughly and in good faith in that discussion provided all of the parties do so collaboratively, as has been the collective spirit in the past.

RBOC Opposing Franks Tract Restoration Plan in Delta

RBOC is opposing the California Department of Fish and Wildlife’s proposed restoration of Franks Tract in the Sacramento-San Joaquin Delta as the project would negatively and permanently harm present and future boating opportunities in this prime area of the Delta.

The following key impacts are of great concern to recreational boaters:

• Access to False River and the San Joaquin River to the East would be permanently blocked.   This access would no longer be a thoroughfare for boaters traveling from San Francisco, Pittsburg and Benicia to recreate in the Delta.  Boaters would be forced to navigate all the way around - adding up to an hour to their cruising time and fuel consumption.
• The project would result in the loss of marinas and marine-related businesses.  The plan would block off and severely impact the marinas, launch ramps, marine-related businesses and restaurants that serve the boating public in the Delta – with a tremendous, negative economic impact on this region.
• The project would harm striped bass and black bass fishing, which are a core component of the Delta recreation with 150 tournaments held in the area each year. This would occur as additional water is diverted for the purpose of eradicating invasive species and helping endangered smelt.
• The project would eliminate an important State Recreational Area that provides the stimulus for recreational and economic activity for the region.

RBOC’s opposition to this project is consistent with the organization’s August 21 testimony before the State Water Resources Control Board in support of the proposed resolution amending the San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan [Bay-Delta Plan] and adopting the final Substitute Environmental Document [SED] for Lower San Joaquin River and Southern Delta.

The proposed plan amendments would revise two elements of the Bay-Delta Plan: lowering San Joaquin River flow objectives for the protection of fish and wildlife; and adjusting the salinity requirements to a slightly higher level to reflect updated scientific knowledge of Southern Delta salt levels that reasonably protect agriculture.

RBOC testified in support of the American Sportfishing Association’s coalition submittal, encouraging the adoption of scientifically and legally adequate flow standards of the lower San Joaquin River and its Tributaries. The organization emphasized that, given the extremely perilous state of salmon runs and other species, it is imperative that the board issue robust flow standards that will restore salmon.

RBOC’s opposition to the Franks Tract Restoration Project is also consistent with and in furtherance of the organization’s opposition to the California WaterFix, a massive construction project that could seriously impact boaters’ access to the Delta for years to come. 

The California WaterFix, which could take 14 years or more to complete, involves digging huge, 47-mile long tunnels under the Delta to facilitate the movement of water.  During construction, major waterways and tributaries could be closed to recreational boaters.

Other concerns with the WaterFix include:

• The significant, negative impact that will occur with the closure of waterways to navigation during the lengthy construction period.
• The absence of a plan to ensure that the Delta infrastructure will not only be preserved, but improved.
• The lack of surety that the plan will address the threat that climate change and increased water transfer pose to the amount and quality of water in the Delta.

RBOC has, for decades, been at the forefront of opposing proposals that would impair the ability of boaters to access to the over 1,000 miles of waterways in the Delta. The organization successfully opposed permanent barriers that would have blocked navigation to popular Delta destinations. It has supported legislation that would increase funds for fighting invasive species such as the water hyacinth.

RBOC’s efforts are in furtherance of the policy it has pursued for over ten years in support of the preservation of recreational boating access to navigable California Delta waterways, including:

• Pursuing assurances that as any changes are contemplated which further alter Delta navigable waterways that alternatives are identified and implemented that will best preserve and sustain recreational boat passage at each location.
• Advocating for assured access for continued navigation by recreational boats wherever any “control structure” [such as, but not limited to gates or barriers whether temporary or permanent] is planned for placement across a navigable Delta waterway.  
• Promoting the provision for operable boat locks installed as an integral design component to mitigate for the placement of any control structure across any navigable Delta waterway. All control structures and boat locks or other alternatives should be installed, maintained and operated without cost or expense to recreational boaters.

RBOC Urges Boaters to Testify October 19 - Newport Bay Plan for Copper

RBOC is urging the Santa Ana Regional Water Quality Control Board not to adopt basin plan amendments on October 19 that would impose stringent new requirements impacting the use of  copper-based anti-fouling paints by recreational boaters.

RBOC is urging boaters to attend the October 19 meeting of the board and to testify against adoption of the revised amendments to the water quality control plan for the Santa Ana Region.

Meeting Details:

DATE: October 19, 2018
TIME: 9:00 a.m.
LOCATION: Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA

RBOC Concerns:

RBOC submitted comments to the regional board today in response to the July 10, 2018 notice that the California Regional Water Quality Control Board, Santa Ana Region will consider adopting Amendments to the Water Quality Control Plan for the Santa Ana Region to incorporate Total Maximum Daily Loads for copper and non-TMDL Action Plans for other metals in Newport Bay.

Boaters in the Santa Ana watershed and throughout the region have a keen interest in the issues being addressed by the regional board, and RBOC provided written comments in 2016 when this issue was previously considered. Our organization remains greatly concerned today.

RBOC reiterates the comments we submitted in 2016 and also endorses the August 22 comments that have been submitted by the City of Newport Beach, the points raised in those comments, and the City’s request. These include:

• It has been 21 months since the October 28, 2016 workshop and there have been no workshops, no outreach to the boating community, no inclusion of named dischargers in the development of the latest draft TMDL.
• To date, we do not believe that our concerns about the practical impacts of the proposed implementation plan to our community and Newport Bay have been acknowledged or appreciated. Our original comments and concerns still stand.
• The copper TMDL unlawfully attempts to force local agencies to solve a conflict caused by the Regional Board's failure to convince the Legislature or its sister state agencies to ban copper anti-fouling paint [AFP].
• The copper TMDL is unlawful because alternatives to copper AFP are not effective or available and may have significant adverse environmental impacts.
• The phased implementation schedule is unreasonable and unsupported, and would force substantial early investments that may be unnecessary.

In addition, RBOC is significantly concerned that:

• The revised amendments place an unfair and unreasonable responsibility on boats to continue to be responsible for lowering the levels of copper even after boat copper loads have been reduced to recommended levels, if the water column then shows that copper levels exceed 3.1 CTR.
• The information included in the attachments establishes that there may in fact not be a copper impairment [either in the water or sediment], and that no implementation plan is necessary at this time.
• The board has not acknowledged and learned from the challenges ongoing at Marina del Rey Harbor and Shelter Island.
• The revised amendments do not reflect the fact that alternatives to copper-based AFP may cause greater environmental harm and may increase the entrance and spread of invasive species.
• The copper TMDL imposes unfunded state mandates.
• The substitute environmental document fails to comply with the California Environmental Quality Act and CEQA 's implementing guidelines.
• The revised amendments seem flawed, preempted, give substandard consideration to current conditions and technical analyses, and do not comply with CEQA.

RBOC joins in the request of the City of Newport Beach that the board:

1. Not adopt the amendments at this time.
2. Select an additional review period a meaningful discussion about additional testing and monitoring, education, best management practices, the implementation timeline for DPR's updated AFP regulations, and more, with the goal of coming back to the Regional Board with more robust data and implementation ideas.
3. Commit to participating thoroughly and in good faith in that discussion provided all of the parties do so collaboratively, as has been the collective spirit in the past.

For these and other reasons RBOC respectfully requests that the Regional Board not adopt the amendments on October 19, 2018, and provide additional time for all stakeholders to further discuss the stated concerns.

RBOC appreciates the Regional Board's objective to protect the water and the recreational boating community remains willing and ready to discuss the development of amendments that incorporate a justified, reasonable, fact and science-based implementation plan to address actual water quality concerns in the Newport Bay.

Delta - Boaters Can Comment - USCG Notice re Mokelumne River [I-5] Dual Bridge Project

Boaters have the opportunity to provide comments to the United States Coast Guard regarding a proposed bridge modification project in the Delta. Following is the USCG's April 3 public notice:

MOKELUMNE RIVER (I-5) DUAL BRIDGE – MOKELUMNE RIVER

AVAILABILITY OF PUBLIC NOTICE

The purpose of this notice is to solicit public comments on the proposed modification to the California Department of Transportation’s Mokelumne River (I-5) Dual Bridge, mile 22.9 over the Mokelumne River.  The General Bridge Act of 1946 requires approval of the location and plans for bridges over navigable waters of the United States, prior to commencing construction.  A Coast Guard Bridge Permit Amendment will be required for this project.

WATERWAY AND LOCATION:  Mokelumne River, mile 22.9, north of Stockton, on the San Joaquin County and Sacramento County line, California.  (N 38 15.292'  W 121 26.872')

Public Notice (11-146), dated April 3, 2018, is being published on the Coast Guard Navigation Website.  The public notice contains a detailed description of the proposed bridge modification project and includes location maps and bridge drawings with navigational clearances.  Interested parties may access Active Public Notices for Bridge Projects for the Eleventh Coast Guard District at the following web site https://www.navcen.uscg.gov/D11BN.  The public notice may also be obtained by calling the Eleventh Coast Guard District Bridge Office at (510) 437-3516, by writing to Commander (dpw), Eleventh Coast Guard District, Coast Guard Island, Bldg 50-2, Alameda, CA 94501-5100, by email at Carl.T.Hausner@uscg.mil, or by facsimile at (510) 437-5836.

Mariners are requested to comment on the proposed modification project and navigational safety issues.  Interested parties are requested to express their views in writing.  Comments will be received for the record at the address given in Public Notice (11-146) through May 2, 2018.

Very Respectfully,

CARL T. HAUSNER

Chief, Bridge Section

Eleventh Coast Guard District

Commander (dpw)

Eleventh Coast Guard District

Coast Guard Island, BLDG 50-2

Alameda, CA  94501-5100

Key Water Agency Board Votes Against Participating in California WaterFix

By a 7-1 vote, the Wetlands Water District Board of Directors has voted against participating and providing an estimated one quarter of the projected $17 billion cost of the RBOC-opposed California WaterFix that includes the controversial twin tunnels through the Sacramento-San Joaquin Delta.

The decisions of other significant water agencies are anticipated to be made later this year..

RBOC Opposing California WaterFix, Citing Negative Impact on Boating

RBOC has adopted a position in opposition to the proposed WaterFix project, a massive construction project that could seriously impact boaters’ access to the Delta for years to come.

“RBOC has, for decades, been at the forefront of opposing proposals that would impair the ability of boaters to access to the 1,000 miles of waterways in the Delta,” said Peter Robertson, president of the organization.  “We successfully opposed permanent barriers that would have blocked navigation to popular Delta destinations.  We have supported legislation that would increase funds for fighting invasive species such as the water hyacinth,” stated Robertson.

According to RBOC, the proposed WaterFix project is the latest threat to boating in the Delta.  The project, which could take 14 years or more to complete, involves digging huge, 47-mile long tunnels under the Delta to facilitate movement of water.  During construction, major waterways and tributaries could be closed to recreational boaters.

At an August 1 meeting of its Board of Directors, RBOC identified specific, boater-related concerns with the Notice of Determination (NOD) for the California WaterFix environmental analysis.  These include:

• The significant, negative impact that will occur with the closure of waterways to navigation during the lengthy construction period.

• The absence of a plan to ensure that the Delta infrastructure will not only be preserved, but improved.

• The lack of surety that the plan will address the threat that climate change and increased water transfer pose to the amount and quality of water in the Delta.

“We are encouraging the state to consider other sources of water such as increased storage and desalination,” stated Robertson.

RBOC Works to Protect Boating, Files Concerns with California WaterFix EIR/EIS

RBOC has filed its concerns with the negative impact that the California WaterFIx would have on the ability of recreational boaters to navigate and recreate in the Sacramento—San Joaquin Delta.  Of particular note:

1. There has been insufficient time to review the responses to RBOC and other comments that were submitted as far back as 2013.

RBOC is therefore urging that the public comment deadline on the 2016 Final BDCP/California WaterFix EIR/EIS be extended.

Based on our initial review of the responses to RBOC’s comments, our organization believes that many responses are insufficient, ambiguous and/or unresponsive.

2.    As discussed in the 2016 Final BDCP/California WaterFix EIR/EIS, the California WaterFix would severely restrict navigable waterways during construction of the twin tunnels.

This is contrary to the California State Constitution, Article 10, Section 4 of which provides that “No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof.”

3.  The planned temporary closure of significant recreational waterways including Twin Sloughs and Mildred Island are unacceptable, unmitigated and unconstitutional.

RBOC's concerns have been filed within the public comments on the 2016 Final BDCP/California WaterFix EIR/EIS. This is in addition to extensive comments that RBOC has submitted within this proceding in an effort to protect the ability of recreational boaters to navigate and recreate in the Sacramento-San Joaquin Delta. 

RBOC Opposing Santa Ana Regional Water Board's Copper Plan

RBOC is opposing the copper implementation plan proposed by the California Regional Water Quality Control Board, Santa Ana Region that would significantly impact the ability of recreational boaters in the area to utilize copper-based anti-fouling paints.

RBOC's concerns have been submitted to the regional board through formal comments regarding the proposed Basin Plan Amendments to Incorporate Total Maximum Daily Loads for Copper and Non-TMDL Action Plans for Other Metals in Newport Bay.

RBOC wil also be testifying at the public hearing the regional board will hold on October 28.

This issue is important to boating. From recreational boats in the water for a season to commercial ships that are in the water year round, antifouling paint on the underwater part of the boat is fundamental to the proper maintenance and performance of almost all watercraft. The uncontrolled growth of marine organisms on boats significantly degrades performance, increases fuel consumption, contributes to the spread of aquatic invasive species and can even lead to a vessel sinking in extreme cases.

Many antifouling paints contain cuprous oxide, a form of copper, as the licensed pesticide that is their primary active ingredient. These antifouling paints, approved by the USEPA, are designed for the copper to gradually leach into the water from the boat. Paints containing copper are currently the most effective, affordable and available antifouling products for all vessels, including recreational boats.

With regard to the proposed basin plan amendments, RBOC endorses and concurs with the comments of the City of Newport Beach:

1. The Copper TMDL unlawfully attempts to force local agencies to ban copper anti-fouling paint.

The Copper TMDL is unlawful because: (1) It explicitly relies on an implementation plan that requires local agencies to take actions the Legislature has prohibited; and (2) The Regional Board purports to usurp the authority of the Department of Pesticide Regulation to govern the use of copper anti-fouling paint.

The Legislature states that the City does not have the legal authority to ban copper paint, and that any action by the City would be “void and of no force or effect.” Local governments cannot regulate the use of pesticides in Food and Agriculture Code Section 11501.1, subdivision (a).

The Legislature has plainly granted exclusive authority to DPR to regulate the use of pesticides such as copper anti-fouling paint.

It would be arbitrary, capricious and contrary to law to end-run that process to compel local governments to regulate the use of registered pesticides in a manner contrary to DPR’s legislative judgment. There is a 1997 Management Agency Agreement between DPR and the State Water Resources Control Board that includes an established dispute resolution process in place to address conflicts between the two state agencies.

2. The Copper TMDL is unlawful because alternatives to copper anti-fouling paint are not effective or available.

Alternative paints are not widely commercially available, do not have a track record of being effective and are not affordable. The only alternative paints with any degree of effectiveness are not recommended by US EPA’s technical contractor because they present serious environmental hazards.

3. The margin of safety is too large and is unsupported.

The Copper TMDL is improperly and artificially lowered because the Regional Board proposes a margin of safety that is unreasonably large. The Regional Water Board’s staff report does not include any explanation of why such a large margin of safety is appropriate, and none is apparent. There is no justification to add a margin of safety amounting to one fifth of the TMDL on top of all the other conservative assumptions especially when the observed “impairment” is alleged, and isolated technical exceedances of the chronic water quality criterion have no observed toxicity.

4. The phased implementation schedule is unreasonable, unsupported and would force early investments that may be unnecessary.

The 20% reduction by the end of year 3, 50% by the end of year 7, and 83% reduction by the end of year 15 is unreasonable, unsupported and unlawful because it is too short and fails to allow time at the beginning to address the many problems with the TMDL and its implementation.

The Regional Board concludes that “voluntary compliance in Newport Bay [would be] difficult” given that neither the Regional Board nor any of the entities regulated by the TMDL may legally restrict the use of copper anti-fouling paint. The City submits that it will likely take considerable time for this vague plan to work, and the Regional Board’s failure to allow for such time in its implementation schedule is improper. Similarly, it would be wasteful and unnecessarily costly and controversial to develop site-specific objectives while at the same time being held to early and high percentage decreases.

And lastly, with the lack of available and affordable copper anti-fouling paint alternatives on the market today, it is irrational to adopt a schedule that does not allow the proposed new market to respond and develop.

5. The Copper TMDL imposes unfunded state mandates that the State must reimburse under the California Constitution.

Though the regional boards and the State Water Resources Control Board commonly argue that their programs are exempt from the reimbursement program under Government Code 17513, the Copper TMDL would represent a discretionary decision by the state to impose requirements beyond those mandated by federal law. This would be a “true choice” by the state to impose the mandate, and subvention will be required.

6. It is improper to promulgate a TMDL for an entire bay when only certain areas of water bodies within the bay may even be arguably impaired.

7. The Substitute Environmental Document (SED) fails to comply with the California Environmental Quality Act (CEQA).

Prior to approving the proposed TDMLs, the Regional Board must comply with CEQA and its guidelines. The SED is inadequate since its analysis of impacts uses an invalid “baseline” which generally consists of the environmental conditions that exist at the time of environmental review. It is legal error to determine significance of impacts in comparison with a non-existent hypothetically “permitted” action.

Further, the SED’s impact analysis is flawed because it fails to properly account for, or analyze, the foreseeable significant impact of its program. In fact, the Washington State Department of Ecology has concluded that there are no currently available non-toxic alternatives to copper anti-fouling paints. The SED must be revised to address the likelihood that a reasonably foreseeable implementation of the Copper TMDL will involve application of toxic anti-fouling paint, and to analyze the environmental impacts of applying those paints. Additionally, the SED is invalid for failing to analyze a reasonable range of alternatives, and it does not include an economic factors analysis.

8. The data sources in the staff report are older than 10 years, and were collected prior to significant dredging activities that recently occurred in the Upper and Lower Bay.

9. The vessel count used in the calculations is significantly different than the actual, verified number of 4,470 vessels in Newport Harbor.

In addition, RBOC objects to the provision of the basin plan amendment that would specifically identify boaters as dischargers responsible to reduce copper loads and correct sediment impairment. This will impose significant, costly and burdensome requirements on individual boat owners in the implementation of the basin plan amendment.

State Proceeding with One Temporary Drought Emergency Delta Barrier for 2015 - Info for Boaters

As the state Department of Water Resources [DWR] moves forward in 2015 with plans to install one emergency, temporary rock barrier across West False River Slough in the Sacramento-San Joaquin Delta, RBOC continues to engage with the state and is working to inform boaters so they can plan accordingly.

DWR hopes to begin installation of the emergency, temporary barrier on May 8 and to remove it this November.

• For the DWR notice to boaters with map and information: click here
• For the DWR press release: click here

RBOC acknowledges and appreciates the dire drought situation - now in its fourth year - that challenges all Californians, and appreciates the need for significant action as called for in the Governor’s April 1 executive order. 

The installation of a temporary rock barrier across West False River Slough is intended to preserve a fresh-water Delta and to sustain the Delta's ecosystem as a supply for drinking water.

Balancing the preservation of recreational opportunities in the Delta while preserving its ecosystem and as a state fresh-water supply is a worthy endeavor.

As boaters find their favorite lakes and reservoirs increasingly being closed to boating because of low water caused by the continuing drought, many will turn to the Delta as a new and enjoyable destination and RBOC stands ready to address their needs for access to boating waterways.

RBOC will continue to be engaged as this action is taken.

RBOC Urges that Boater Concerns with Emergency Drought Barriers be Resolved

RBOC is urging the state Department of Water Resources and the US Army Corps of Engineers to address boater concerns with the Emergency Drought Barriers proposed for the Sacramento - San Joaquin Delta.

This project consists of three temporary rock barriers that would be installed, a single barrier at three locations, in the north and central Sacramento–San Joaquin River Delta (Delta): Sutter Slough, Steamboat Slough, and West False River.

RBOC appreciates and understands the critical need to protect water quality and water supply in the Delta. As the state and federal governments identify and take actions in order to accomplish this objective, there must be an open and transparent process, clear science-based criteria for actions that are taken, the engagement and participation of stakeholders and beneficiaries, and the protection of the environment and endangered species.

Based on statements made in public workshops, it is not clear at this point that each of these will occur. It appears that an informal group of unnamed individuals within several governmental entities will make decisions within the proposed project on whether and when barriers will be installed and removed, without public notice or involvement, without a clear set of criteria, and without assurances regarding the protection of the environment or endangered species.

It also appears that funding sources for the installation and removal of the barriers within the proposed project have already been identified, targeting one special fund source for the removal rather than a funding structure that involves the participation of the many stakeholders that will benefit from the project.

The proposed project will restrict or prohibit navigation on established waterways in the Delta. The single boat passage within the proposed project will only assist vessels up to 24 feet long and up to 10,000 pounds. A significant number of boaters will be effectively prohibited from navigating through important and popular Delta regions.  The duration the proposed barriers may remain in place is poorly defined and as a consequence may violate the "Public Trust" doctrine regarding navigable waterways. This could require the State to install and maintain the operation of locks on a continual basis.

It is the policy of RBOC to advocate to protect the rights of recreational boaters to assure access for continued navigation by recreational boats on the waters of the Delta wherever any control structure (such as, but not limited to gates or barriers whether temporary or permanent) is planned for placement across a navigable Delta waterway. In these instances, RBOC seeks assurances that as any changes are contemplated which further alter Delta navigable waterways that alternatives are identified and implemented to the satisfaction of RBOC that will best preserve and sustain recreational boat passage at each location.

Consistent with this policy, RBOC seeks to have operable boat locks installed as an integral design component to mitigate for the placement of any control structure across any navigable Delta waterway. All control structures and boat locks or other alternatives satisfactory to RBOC for recreational boat passage are to be installed, maintained and operated without cost or expense to recreational boaters.

Boating Division Announces Delta Hyacinth Herbicide Treatment to Begin in Early March

The state Division of Boating and Waterways [DBW] has announced that it plans to commence herbicide treatment of the aquatic invasive weeds Water Hyacinth and Spongeplant in the Sacramento-San Joaquin Delta on Wednesday, March 4, and to continue through the end of November.

For the press release and more information: click here