APPENDIX
D: EXISTING RELEVANT AUTHORITIES
APPENDIX D: Existing Relevant Authorities
State Authorities
The State's jurisdiction in the area extends three nautical miles offshore from the coastline (ordinary low water) of the State.
California Coastal Commission
The California Coastal Commission (CCC) oversees the State's coastal management program, as approved under the Coastal Zone Management Act of 1972, as amended (CZMA). Per section 307 of the CZMA, each Federal Agency activity within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent to the maximum extent practicable with the enforceable policies of approved state management programs. CCC concurred with NOAA's determination that this rule will not affect the coastal zone.
State Lands Commission
Under California law, the State Lands Commission (SLC) has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the State (California Public Resources Code § 6301). The SLC is authorized to issue prospecting permits and leases for the extraction and removal of minerals, other than oil and gas or other hydrocarbon substances, from lands, including tide and submerged lands belonging to the state, consistent with the procedures of the California Code of Regulations, Title 2, Division 3, Article 4, Section 2200-2205. As the SLC has not prescribed regulations for the noncommercial hobby collection of minerals from state lands, any collection of minerals from such lands is considered commercial collection.
Should any person remove, without a permit, jade in large amounts or for the purpose of sale, the SLC has authority under Public Resource Code § 6302 to seek civil damages for trespass, and for conversion of public property. The SLC also has authority to seek criminal penalties for trespass (Penal Code § 602) or for theft (Penal Code § 484, 495).
Federal Authorities
U.S. Forest Service
The United States Forest Service is responsible for the management of the Los Padres National Forest. The Forest parallels the coast from Mount Carmel (near Point Sur) in the north to the Monterey County-San Luis Obispo County boundary in the south. The Forest includes two coastal areas, one encompassing Cooper Point and Pfeiffer Point at the northern boundary of the Forest and the other extending from the Lucia vicinity (near Lopez Point) to the Monterey County-San Luis Obispo County boundary. The National Forest extends to the mean high tide mark throughout the Jade Cove area and abuts the MBNMS.
Management policies for the Big-Sur Coastal Planning Unit are described in a recently issued Land Management Plan. Regulations for the Los Padres National Forest include a prohibition on mining activities without a permit.