A proposed agreement between the Richardson’s Bay Regional Agency (RBRA) and the San Francisco Bay Conservation and Development Commission (BCDC) will be brought before the RBRA Board of Directors on August 12. Among its provisions is a requirement that only seaworthy vessels consistent with RBRA’s rules and regulations will be allowed to anchor in Richardson’s Bay after October 2026.
The tentative settlement establishes milestones that RBRA must meet as well as provisions for eelgrass recovery and protection actions. In return, BCDC will refrain from threatened enforcement action against RBRA and will support RBRA’s efforts. While BCDC has sought firm actions to address illegally anchored vessels and protection of habitat conditions, RBRA has endeavored to balance these interests with a humane approach toward vulnerable residents on the water, especially in light of housing challenges and homelessness regionally and statewide.
The RBRA adopted a 2020 Transition Plan to improve the health, safety, and management of the bay through enforcement of requirements for anchored vessels, housing relocation support, and eelgrass protection and growth. Although BCDC viewed the Transition Plan and its implementation as a good first step, the state regulatory agency has called for more definitive timelines to be established, including the removal of all vessels within 5 years.
The RBRA Board of Directors Meeting to consider the matter will be held on August 12 beginning at 5:30 p.m. The meeting will be held remotely via Zoom (www.rbra.ca.gov
for the agenda, Zoom meeting link, and staff reports). If the Board approves staff’s recommendation to adopt the agreement, staff will return to the Board with a proposed update to its Transition Plan to guide implementation efforts. If the Board does not approve the agreement, BCDC has indicated that it intends to commence enforcement actions against RBRA later this month or in September.
“The proposal avoids an uncertain and potentially costly BCDC enforcement action,” said Harbormaster Curtis Havel. “It also advances environmental protection while acknowledging the range of RBRA’s authority and responsibilities.”
The draft agreement includes a timeline for phased removal of the remaining 86 vessels from RBRA waters. Although the number of vessels on the water has been reduced by more than half in two years, BCDC maintains that RBRA’s present enforcement approach is not sufficient.
“While this agreement is focused on environmental recovery and protection actions, this Board has been clear that it actively supports partnerships to identify resources for housing options to help transition vulnerable residents from unsafe conditions on the water to land-based housing,” said RBRA Board President, and District 3 County Supervisor, Stephanie Moulton-Peters. Marina slips may also be an option for some.
The proposed settlement agreement includes enacting an “Eelgrass Protection Zone” that prohibits anchoring in shallower areas of the anchorage attractive to eelgrass, and to initiate eelgrass recovery efforts through the adoption and implementation of an Adaptive Management Plan. These commitments are intended to build on RBRA’s ongoing efforts to protect Richardson Bay through an Eelgrass Protection and Management Plan and are expected to be resourced largely through grant funding.
“I want to emphasize,” said Moulton-Peters, “we will have five years to resolve these issues fairly, sensitively, and with equal respect and concern for protecting people on the water and protecting our environment. We have clear milestones along the way that we will have to meet – or face worse options with less flexibility.”
“The top enforcement priority will be to ensure that new vessels are prevented from taking up residence in Richardson’s Bay. This will allow the Marin County Department of Health and Human Services and their partners to focus on vessels already on the anchorage, with outreach, housing and supportive services options, particularly those that arrived before August 2019,” said Jim Malcolm, Assistant Harbor Master.
The RBRA adopted rules and regulations in 1987 that, in part, established 72-hour time limits for anchoring in Richardson’s Bay. For decades, mariners have anchored their vessels in the bay – sometimes temporarily and sometimes for extended stays. While the number of vessels anchored in Richardson’s Bay increased significantly after the Great Recession of 2008, using the anchorage beyond temporary time limits is inconsistent with the San Francisco Bay Plan, the Richardson Bay Special Area Plan, the Marin County Code and the RBRA’s rules and regulations for anchoring in Richardson’s Bay.
Efforts made by the RBRA in the past two years have greatly reduced the number of unsafe vessels on the anchorage. Many of the individuals living aboard vessels in Richardson’s Bay are vulnerable and in need of public services and support for housing options. The RBRA will continue to work closely with county’s Health and Human Services Department and local nonprofits to connect these individuals with supportive services.
The Richardson’s Bay Regional Agency (RBRA) is a local government agency serving Belvedere, Mill Valley, Tiburon, and unincorporated Southern Marin. RBRA is dedicated to maintaining and improving the navigational waterways, open waters, and shoreline of Richardson’s Bay. For more information about the RBRA, visit www.rbra.ca.gov.
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