Monterey Bay Sanctuary Foundation Sanctuary Relationship

Memorandum of Understanding Between The Office of Ocean and Coastal Resource Management National Ocean Service National Oceanic and Atmospheric Administration and The California Marine Sanctuary Foundation Regarding The Monterey Bay National Marine Sanctuary

I. Authority
This Memorandum of Understanding (MOU) is made and entered into by and between the Office of Ocean and Coastal Resource Management (OCRM), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, and the California Marine Sanctuary Foundation (CMSF) pursuant to sections 309 and 311 of title III of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, 16 U.S.C. Section 1440 and 1442 of 16 U.S.C. Section 1431 et seq. (the Act).

II. Purpose
The Monterey Bay National Marine Sanctuary (MBNMS) was designated in 1992 to protect unique marine resources along the Central California coast, enhance research to better manage and protect those resources, encourage educational activities to increase the publics' understanding of those resources, and to provide a forum to facilitate multiple-use and reduce multiple-use conflicts.

The purpose of this MOU is to provide a framework for cooperation between the parties to enhance resource protection efforts for the MBNMS through monitoring, research, education programs, and other similar efforts and goals of the Sanctuary.

III. Introduction
The Sanctuaries and Reserves Division of OCRM is charged with administering the Act. Two important purposes and policies of the Act are to "support, promote, and coordinate scientific research on, and monitoring of, the resources of [national marine sanctuaries], especially long-term monitoring and research" and to "enhance public awareness, understanding, appreciation, and wise use of the marine environment." 16 U.S.C. € 1431(b)(3) and (4).

The CMSF is a private non-profit Internal Revenue Code € 501(c)(3) organization created by members of the Central California marine environmental conservation community, headed by the Center for Marine Conservation. Its goal is to promote wise utilization and conservation of the California National Marine Sanctuaries' resources. The CMSF regularly interacts with the general public, business and industry leaders, elected officials, resource management agencies, research community and the educational system. It endeavors to serve as a vehicle to encourage, promote, lead and guide conservation efforts in the California National Marine Sanctuaries by facilitating communication, integrating the efforts of various groups and funding research and educational efforts in the California National Marine Sanctuaries. Specifically, the goals of the CMSF are to:

• Promote awareness and wise stewardship of the California National Marine Sanctuaries;
  
  
• Promote public participation in conservation, monitoring and research efforts;
  
  
• Develop conservation-oriented educational materials;
  
  
• Facilitate transfer of information on California National Marine Sanctuaries management and activities;
  
  
• Generate financial support for monitoring, research and education on topics pertinent to Sanctuary resource conservation and environment; and Promote and facilitate cooperation between regional environmental and conservation groups and resource management agencies.

Now, therefore, in consideration of the above premises, the parties agree as follows:

IV. OCRM Responsibilities

1. Meet periodically with a CMSF representative(s) to discuss and reach agreement on monitoring, research, education, and similar projects pertaining to the MBNMS to be undertaken pursuant to this MOU.
   
   
2. Provide leadership regarding the planning, implementation and monitoring of agreed-upon projects.
   
   
3. When necessary or otherwise appropriate, enter into agreements, supplemental to this MOU, regarding the implementation of agreed upon projects.

V. CMSF Responsibilities

1. Meet periodically with an OCRM representative(s) to discuss and reach agreement on monitoring, research, education and similar projects pertaining to the MBNMS to be undertaken pursuant to this MOU.
   
   
2. Undertake agreed-upon projects.
   
   
3. When necessary or otherwise appropriate, enter into agreements, supplemental to this MOU, regarding implementation of agreed-upon projects.

Vl. Other Terms and Conditions

1. The responsibilities agreed to in this MOU are contingent upon the availability of funds and other necessary resources.
   
   
2. This MOU will become effective upon the signature of the approving officials of the parties and will remain in effect until terminated by 1) mutual written agreement, or 2) thirty days advance written notice by either party.
   
   
3. This MOU shall be reviewed periodically by the parties, preferably at the start of each calendar year.
   
   
4. This MOU may be amended by mutual written agreement.
   
   
5. OCRM may enter into other agreements with other non-profit organizations or other entities or persons.
   
   
6. Nothing, herein, is intended to conflict with existing NOAA administrative orders or CMSF directives. If any terms or conditions of this MOU are inconsistent with existing NOAA administrative orders, then those portions of this MOU are invalid, but the remaining terms and conditions not affected by the inconsistency remain in full force and effect. At the first opportunity for review of this MOU, all necessary changes shall be accomplished by either a written amendment to this MOU or entering into a new agreement, whichever is deemed expedient to the interest of both parties.
   
   
7. Should disagreement arise as to the interpretation of any of the provisions of this MOU that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties may request an evaluation from the Sanctuary Advisory Council for an opinion. If the advised resolution of the MBNMS Advisory Council is not amenable to both sides, the parties shall forward the written presentations of their disagreement, along with the MBNMS Advisory Council's resolution, to their respective higher officials for resolution.

VII. Signature

APPROVED:

Jeffrey Benoit
Director, Office of Ocean and Coastal Resource Management
Signed: Feb. 15, 1996

Michael DeLapa
Acting Executive Director, California Marine Sanctuary Foundation
Signed: Feb. 27, 1996