We have been advocating to protect coastal resources and engaging in public processes related to ranch management in the Point Reyes National Seashore (Seashore) for several years. Most recently, on November 16th, our Interim Executive Director, Ashley Eagle-Gibbs, gave testimony on the National Park Service (NPS)’s Water Quality Strategy Report (Report) submitted to the California Coastal Commission (Commission). At the meeting, several others spoke to raise their concerns about water quality in the park.
The Report was submitted to the Commission under the federal consistency determination process, whereby the NPS agreed to submit an annual water quality report to the Commission.
History
In 2021, the consistency determination was first approved by the Commission for the 2020 General Management Plan Amendment (GMPA) for the Seashore (and the North District of Golden Gate National Recreation Area. Hereinafter, the North District is omitted for brevity). In September 2022, the Commission approved the first-year version of the Water Quality Strategy for Management of Ranching Operations under the GMPA for the Seashore.. This November, the NPS returned to the Commission to provide an update on Seashore water quality status and adjustments to address water quality concerns.
Between September 2022 and November 2023, the NPS successfully expanded their water quality monitoring program. We continue to partner with the Seashore on one of the six monitoring programs related to sampling at two recreational beaches. The NPS’s willingness to collaborate with all applicable agencies and EAC for beach water quality monitoring; the dedication of funds specifically for Water Quality Strategy implementation; and increased transparency through the posting of online water quality documents are each positive and meaningful improvements to the Water Quality Strategy implementation.
Continued Water Quality Concerns
However, in reviewing the NPS’s Report, we remain concerned about the water quality conditions in the Seashore and the adequacy of the current plan to bring the waters into compliance with state and federal standards. We submitted our concerns to the Commission in a November letter.
Our letter highlighted concerns including pointing out that the types of water exceedances in the Seashore are simply unacceptable for a National Park unit. Levels of E. coli, pH, dissolved oxygen, and Nitrogen exceeded standards in various areas of the Seashore such as Drakes Estero and Abbotts Creek. Levels of E. coli in Drakes Estero were especially high during the winter. In the summer, all sites with flowing water exceeded the recreation water quality benchmark. These exceedances may present an unacceptable risk to the health of visitors and wildlife in the Seashore. To address the risk posed by these exceedances, we suggest that the amount of funds dedicated to the management of the Seashore’s water increase and that the source of pollution be identified.
In light of the poor condition of Seashore recreational water bodies , we also highlighted concerns that s Report may not reach its intended audience. The lengthy and technical Report contains valuable information that may be cumbersome and indigestible to visitors to the park - many of whom may believe that the waters are safe for recreation, because they are part of a federally protected national park. However, the recent Report shows several water bodies are not safe for recreation. We suggest that signage should also be posted at sites in the park that are unsafe for recreation, and the clarity of the report could be improved, so that visitors are made aware of which bodies of water are not safe for recreation.
The Commission Staff report and Commission discussions also referenced several recent Notices of Violations issued to operators in the Seashore related to Coastal Act violations.
Schedule a Reopener
In addition to EAC’s written comments, we partnered with the National Parks Conservation Association in collaborative written comments and in oral testimony to request that the Commission remedy our concerns by scheduling a consistency determination reopener. The reopening of the consistency determination allows the Commission to determine whether the original consistency determination needs to be revisited and potentially revoked.
Next Steps & Timing
At the November meeting, the Commission directed its staff to conduct an analysis related to the consistency determination and whether there have been substantially changed circumstances since the Commission first found the management plan consistent under the Coastal Zone Management Act. There is a two-part test with 1) the first part being whether there are substantial changes from the first consistency determination in 2021 and 2) whether as a result, the plan is no longer consistent to the “maximum extent practicable.” The analysis will include looking at whether the new data and information are substantially different than what was available at the time of the 2021 decision, thereby potentially impacting coastal resources.
It is expected that a Commission hearing may take place next summer to discuss the reopener after staff prepares an analysis. As part of the reopener process, the Commission can request that the NPS take remedial actions to remedy the water quality or other concerns in the park. EAC will keep you engaged on the next steps and ways that you can get involved.
Related Lawsuit
There is also a pending lawsuit against the NPS related to ranching in the seashore, which EAC is not involved in. It was discussed at the Commission hearing that it would be best to postpone a reopener hearing until after the court deadline in March, whereby the parties are supposed to update the judge on their mediation progress.
Learn More:
Coastal Commission Agenda Item Th10b
Commission Federal Consistency Process
Read EAC’s Letters:
EAC’s Comment Letter to Coastal Commission
Joint NPCA & EAC Letter to Coastal Commission
Press:
New Point Reyes water pollution data add pressure on ranches, November 18, 2023 | Marin IJ
What’s behind E. coli in Point Reyes National Seashore? Beef grows between ranchers and environmentalists, November 17, 2023 | Mercury News
Seashore water tests exceed limits, November 22, 2023 | Point Reyes Light
