Q: Why has NOAA designated a national marine sanctuary along the central coast of California?

A: NOAA has designated 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 coastal, ocean-going Indigenous Peoples that have resided here 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, which is 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, NOAA’s Office of National Marine Sanctuaries uses an ecosystem-based management approach that considers interactions among physical features, marine life, and human activities within the sanctuary environment.

The designation of Chumash Heritage National Marine Sanctuary brings 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 next steps in the sanctuary designation process?

A: Under the National Marine Sanctuaries Act, upon publication of the final rule, Congress and the governor of California will have 45 days of continuous congressional session to review the document. The sanctuary designation will become effective at the end of this 45-day period, which is anticipated to be in late November or December 2024.

Q: How did NOAA choose the boundary of the sanctuary?

A: The boundary of Chumash Heritage National Marine Sanctuary 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 allows 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 was chosen after thorough consideration of public and Indigenous community 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 boundary decision 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.

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. A future expansion of the sanctuary would require a separate public process under the National Marine Sanctuaries Act and the National Environmental Policy Act. See the Boundary Adjustment Action Plan in the final management plan for more information on Phase 2.

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

A: NOAA respectfully engaged directly with Tribes and Indigenous groups throughout the national marine sanctuary designation process, holding 40 meetings and calls with 13 local Tribes and Indigenous groups.

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. At that same time, NOAA also began engagement with all interested non-federally recognized local Chumash and Salinan Tribes and Indigenous groups. Their input was carefully considered in the draft designation documents, in particular, for development of the Indigenous Collaborative Co-Stewardship Framework. Through publication of the draft designation documents and preparation of the final designation documents, NOAA also continued to engage with interested Tribes and Indigenous groups through National Historic Preservation Act Section 106 consultations. 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. At that same time, NOAA also began engagement with all interested non-federally recognized local Chumash and Salinan Tribes and Indigenous groups. Their input was carefully considered in the draft designation documents, in particular, for development of the Indigenous Collaborative Co-Stewardship Framework. Through publication of the draft designation documents and preparation of the final designation documents, NOAA also continued to engage with interested Tribes and Indigenous groups through National Historic Preservation Act Section 106 consultations.

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

A: NOAA will establish 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 framework will include: 1) an Intergovernmental Policy Council convening federally recognized Tribes, the state of California, and NOAA; 2) a Sanctuary Advisory Council to include Indigenous Knowledge and Tribal government representation; 3) an Indigenous Cultures Advisory Panel; 4) joint project partnership opportunities with culturally-serving nonprofit foundations; 5) required government-to-government Tribal consultation processes, when needed, with the Santa Ynez Band of Chumash Indians as well as occasional engagements with other Indigenous groups under Section 106 of the National Historic Preservation Act; and 6) various sanctuary management activities to be handled by NOAA as part of its federal agency responsibilities and authorities under the National Marine Sanctuaries Act.

This framework will take time to fully build and implement. Initially, NOAA will take steps to establish the Sanctuary Advisory Council and Intergovernmental Policy Council by developing charters to establish each management element and guide their operations. NOAA expects to recruit advisory council members in late 2024 and early 2025. Once the Sanctuary Advisory Council is convened, NOAA will encourage the advisory council to form the envisioned Indigenous Cultures Advisory Panel as a working group. Through these steps and continued dialog, NOAA welcomes the opportunity to build trust and relationships over time with Indigenous governments, organizations, and Peoples interested in the sanctuary.

For more information, see the final management plan, including the Indigenous collaborative co-stewardship section within the introduction, as well as the Indigenous Cultural Heritage Action Plan.

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

A: NOAA will establish a Chumash Heritage 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. Please see the Sanctuary Advisory Council page of the website for more information and details on how to apply for a council seat. 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.

Many community-based programs are planned and described in the new sanctuary’s management plan. NOAA will make announcements and invite local community members, schools, Tribes, Indigenous groups, and other entities to consider taking part in a variety of programs, ranging from education and outreach activities to locally-based research and monitoring studies conducted with local partners.

Additionally, over time NOAA will conduct periodic sanctuary management plan reviews, during which time the public will be invited to provide input. The management plan review process allows national marine sanctuaries the opportunity to look at how the area is changing and address needs for management adaptation in collaboration with Tribal and Indigenous, state, local, federal, and community-based partners while engaging the public in the assessment process.

Q: What are NOAA’s plans for staffing the new sanctuary?

A: Like all new national marine sanctuaries, initial staffing will start small, although NOAA envisions staff growth over time. Three contracted positions will focus on research and permitting, resource protection, and Sanctuary Advisory Council support and outreach. In addition, a California State Sea Grant Fellow will be hired starting in early 2025. NOAA’s Office of National Marine Sanctuaries will work on filling supervisory management positions. NOAA has committed to hiring an Indigenous community engagement coordinator at the regional level to work across all U.S West Coast national marine sanctuaries, with an initial focus on Chumash Heritage National Marine Sanctuary. NOAA will also strive to create opportunities for paid internship programs, such as work study options through local universities and Tribal development initiatives to employ student interns and offer training to support career development skill-building.

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

A: To address climate change, NOAA is committed to advancing the Biden-Harris Administration’s goals for marine conservation as well as for clean renewable energy. The boundary of Chumash Heritage National Marine Sanctuary excludes an area in which future subsea electrical transmission cables and floating offshore substations could be installed outside of the national marine sanctuary to connect the Morro Bay Wind Energy Area to the electrical power grid at Morro Bay and 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. For more information see the Offshore Energy Action Plan in the final management plan.

Q: Will the new sanctuary impact subsea fiber optic cable infrastructure?

A: NOAA considered submarine fiber optic cables throughout its analysis for Chumash Heritage National Marine Sanctuary, and found that the sanctuary would not have a significant adverse impact on fiber optic cables within the sanctuary because there are permit options that can allow cable installation, maintenance, and operation. Sanctuary regulations prohibit disturbance of the submerged lands; however, new subsea cable construction can be allowed through the Office of National Marine Sanctuaries’ permit authorization process. The Office of National Marine Sanctuaries expects to find a balance between maintaining or expanding cable systems within the sanctuary area and conservation of important sanctuary resources, including living, historical, and cultural resources.

In addition, as of August 16, 2024, NOAA temporarily suspended, for two years, requirements for special use permits for the continued presence of commercial submarine cables in new national marine sanctuaries through a Federal Register notice (89 Fed. Reg. 66689; see also docket “NOAA-NOS-2024-0089” in regulations.gov). During this temporary pause, NOAA will review public input and consider making changes to the related special use permit category and its submarine cable permit guidance to better advance both resource protection and compatible uses of sanctuary resources.

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

A: Through the sanctuary’s designation, NOAA has not introduced any regulations directly affecting lawful fishing activities within Chumash Heritage National Marine Sanctuary. Additionally, the scope of regulatory authority provided to the sanctuary through its terms of designation does not include authorization for the sanctuary to directly regulate lawful fishing activities. Should fishing-related issues emerge in the future that may need management attention within the sanctuary area, NOAA will seek information and understanding from local fishermen (likely through the Sanctuary Advisory Council) and coordinate with lead federal and state fishery management agencies. For more information, see Articles IV and V in the terms of designation section of the final rule for the sanctuary’s designation.

Q: Will the sanctuary create new or add to existing restrictions on boating?

A: Like most national marine sanctuaries, the Chumash Heritage National Marine Sanctuary regulations prohibit vessel discharge of untreated sewage, oily bilge water, trash, food scraps, or certain other discharges into sanctuary waters. See details on the sanctuary’s regulations page. With this sanctuary regulation, existing state and federal discharge restrictions that already apply in state waters (within 3 miles of shore) are essentially extended throughout the whole sanctuary. Vessel operators are encouraged to use a type I or II marine sanitation device to process sewage waste before discharging, or retain sewage in an installed holding tank (or portable retainer) until such time that port-based sewage pump-out services or dump stations can be used. To promote clean boating practices, NOAA intends to collaborate with local and state agencies, harbor masters, and most importantly, boaters, who use the sanctuary.

In addition, at this time NOAA has not included any sanctuary regulations limiting the operation of motorized personal watercraft.

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

A: To protect sanctuary resources while allowing for continued compatible use and enjoyment of the sanctuary, NOAA’s final rule includes regulations that are generally consistent with those in place at the adjacent Monterey Bay and Channel Islands national marine sanctuaries. An abridged list of regulatory prohibitions for the sanctuary includes the following:

• New offshore oil and gas exploration, development, and production (with exceptions for activities at pre-existing leases)
• Unauthorized take or possession of marine mammals, sea turtles, or birds
• Disturbing sanctuary submerged lands (exceptions include anchoring, lawful fishing, harbor channel maintenance, and repair of docks, piers, jetties, and breakwaters)
• Discharges or deposits into the sanctuary (with several exceptions for normal clean boating operations)
• Cruise ship effluent and waste discharges
• Disturbing, moving, or removing historical resources (exceptions for accidental disturbance from lawful fishing)
• Attracting a white shark
• Deserting a vessel
• Introducing or releasing into the sanctuary an introduced (non-native) species (except striped bass (Morone saxatilis) during catch and release fishing)
• Special protection for resources from Rodriguez Seamount (below 1,500 feet, except per lawful fishing)
• Interfering with an enforcement investigation or action

The above list is a summary and should not substitute for understanding the final regulatory details, which can be found in the Final Rule published in October 2024 for designation of Chumash Heritage National Marine Sanctuary. Sanctuary regulations are presented in the last section of the Final Rule as specific amendments to part 922.232, title 15 of the Code of Federal Regulations, in Subpart V.

Q: Is a permit required by NOAA for certain activities within the sanctuary? How does the permitting process work?

A: A permit is required when an individual wishes to conduct an activity within a national marine sanctuary that would otherwise be prohibited by sanctuary regulations. NOAA may issue a variety of permit types to allow certain activities, such as sanctuary general permits (for research, education, management, or cultural or ceremonial activities), authorizations (to recognize a permit granted by another entity), certifications (to “grandfather” in pre-existing infrastructure or activities that are already authorized by other agencies), and special use permits (for select activities). Find more information on web pages for Chumash Heritage National Marine Sanctuary regulations and permits. Refer to NOAA ONMS’ frequently asked questions to help determine if a permit may be required for your proposed activity.

Q: How will the certification process work for existing permits?

A: Certifications apply to activities existing at the time of sanctuary designation that have already been authorized by a valid lease, permit, license, approval, or other authorization from another agency or authority, and that would otherwise violate a sanctuary prohibition. NOAA can "grandfather" these activities in, allowing them to continue subject to any terms and conditions consistent with the purposes for which the sanctuary was designated. Current permit holders must apply for a NOAA certification within 120 days of the effective date of sanctuary designation, which is anticipated to be in November or December 2024. NOAA will issue a separate notice in the Federal Register to announce the effective date of sanctuary designation, and more information on the certification materials and process will be posted on the sanctuary’s permits page at that time.