HomeMy WebLinkAboutConsider the Harbour Commission's Recommendation Regarding t (2) " 2000 Main Street,
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ATTACHED ACTION AGEND
File #: 23-740 MEETING DATE: 9/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Scott M. Haberle, Fire Chief
PREPARED BY: Kevin Justen, Senior Management Analyst
Subject:
Consider the Harbour Commission's recommendation regarding proposed changes to Code
of Federal Regulations affecting public navigation through Anaheim Bay
Statement of Issue:
Naval Weapons Station Seal Beach has requested input on proposed changes to Section 334.930 of
the Code of Federal Regulations (CFR), which affects vessel and watercraft traffic in the public
navigation channel through Anaheim Bay. The Harbour Commission evaluated the draft revised CFR
and at its August 24, 2023 meeting voted to recommend that the City Council also consider
concurring with the proposed changes, with an amendment that would specify that only vessels with
California Boat/Vessel Registration be allowed to transit through this area.
Financial Impact:
Not Applicable
Recommended Action:
A) As recommended by the Harbour Commission, provide input to Naval Weapons Seal Beach
regarding proposed changes to CFR Section 334.930, indicating that the City concurs with the
proposed changes, with an amendment specifying that only vessels with California Boat/Vessel
Registration be allowed to transit through the Anaheim Bay public navigation channel; and,
B) Authorize the Mayor to submit a letter to the Commanding Officer of Naval Weapons Station Seal
Beach specifying that the City concurs with the proposed CFR changes with the recommended
amendment.
Alternative Action(s):
Do not provide input regarding the proposed CFR changes and provide alternative direction.
Analysis:
The Naval Weapons Station Seal Beach (NWSSB) ammunition pier construction project rerouted and
City of Huntington Beach Page 1 of 2 Printed on 9/14/2023
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File #: 23-740 MEETING DATE: 9/19/2023
redesigned the public navigation channel through Anaheim Bay. This provides an opportunity to
change Section 334.930 of the CFR. The NWSSB Commanding Officer requested input from the
City of Huntington Beach regarding the proposed changes, which pertain to the use of vessels and
watercraft in the public navigation channel. Specifically, paragraph 3 of the CFR delineates the
vessels and watercraft authorized to transit through Anaheim Bay via the public navigation channel.
At its August 24, 2023 meeting, the Harbour Commission evaluated the proposed CFR changes. In
doing so, they solicited input from the OC Sheriff Harbor Patrol and performed analysis of Huntington
Beach Fire Department Marine Safety incident and rescue data. Following this, they made a motion
to recommend that the City Council concur with the changes, with the following revisions to
paragraph 3 (shown in bold):
(3) Only vessels under power, with a current California Boat/Vessel Registration, are
authorized to transit through Anaheim Bay within the limits of the marked public navigation
channel adjacent to the East Jetty. Vessels under sail, kayaks, canoes, rowboats, paddleboards,
hydrofoil boards, kite boards, wind surfers, sailboards, recreational swimming or any other
activity involving persons in the water are prohibited.
The Harbour Commission's report is included as Attachment 1. It provides detailed analysis of the
issues related to the CFR revisions, the original CFR language and a draft letter for the Mayor to
submit to Captain Jessica O'Brien, Commanding Officer of NWSSB.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Harbour Commission Recommendation Regarding Proposed CFR Changes Impacting
Anaheim Bay
2. PowerPoint Presentation Proposed CFR Changes for Anaheim Bay
City of Huntington Beach Page 2 of 2 Printed on 9/14/2023
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City Council/ ACTION AGENDA September 19, 2023
Public Financing Authority
FIRE DEPARTMENT
11. 23-740 Considered the Harbour Commission's recommendation regarding
proposed changes to Code of Federal Regulations affecting public
navigation through Anaheim Bay
Recommended Action:
A) As recommended by the Harbour Commission, provide input to Naval Weapons Seal
Beach regarding proposed changes to CFR Section 334.930, indicating that the City concurs
with the proposed changes, with an amendment specifying that only vessels with California
BoatNessel Registration be allowed to transit through the Anaheim Bay public navigation
channel; and,
B) Authorize the Mayor to submit a letter to the Commanding Officer of Naval Weapons
Station Seal Beach specifying that the City concurs with the proposed CFR changes with the
recommended amendment.
Approved 6-0-1 (Burns-Absent) as amended by revising the letter to remove reference to
California, and personal watercraft
POLICE DEPARTMENT
12. 23-780 TABLED Request to approve responses to the 2022-2023 Orange
County Grand JuryReports related to Animal Welfare
Recommended Action:
A) Approve the City's responses to findings and recommendations posed by the Orange
County Grand Jury related to animal welfare; and
B) Authorize the City Manager to submit the City's responses to the Presiding Judge of
the Superior Court.
Item Tabled 6-0-1 (Burns-Absent)
PUBLIC WORKS
13. 23-696 Authorized the Mayor and City Attorney to execute Cooperative
Agreement No. C-3-2654 between the Orange County Transportation
Authority and the City of Huntington Beach for the 1-405 Improvement
Project
Recommended Action:
Authorize the Mayor and City Attorney to execute Cooperative Agreement No. C-3-2654
between the Orange County Transportation Authority and the City of Huntington Beach forthe I-
405 Improvement Project.
Approved 6-0-1 (Burns-Absent)
14. 23-725 Approved and authorized execution of the Second Amendment to
Site License Agreement between the City of Huntington Beach and
T-Mobile West LLC, for a Wireless Communications Facility at Fire
Station 6-Edwards
Page 5 of 8
000
Or.% CITY OF HUNTINGTON BEACH
1_b4 P.O.BOX 190 2000 Main Street California 92648
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CITY OF HUNTINGTON BEACH
HARBOUR COMMISSION
TO: HUNTINGTON BEACH HARBOUR COMMISSION
FROM: VESSELS AND WATERCRAFT AD HOC COMMITTEE
MEMBERS: SCHAUPPNER, VANVOORHIS, WOOD
DATE: AUGUST 16, 2023
SUBJ: PROPOSED CHANGE TO 33 CFR § 334.930 ANAHEIM BAY
HARBOR, CALIF.; NAVAL WEAPONS STATION, SEAL BEACH
Executive Summary:
The Naval Weapons Station Seal Beach (NWSSB) ammunition pier construction
project that rerouted and redesigned the public navigation channel through
Anaheim Bay provides an opportunity to change 33 CFR § 334.930 Anaheim Bay
Harbor, Calif.; Naval Weapons Station, Seal Beaph (the CFR).
The NWSSB Commanding Officer welcomes input from the City of Huntington
Beach regarding recommended changes to the CFR as it pertains to the use of
vessels and watercraft in the public navigation channel.
Specifically, paragraph 3 of the CFR delineates the vessels and watercraft
authorized to transit through Anaheim Bay via the public navigation channel.
The NWSSB Public Affairs Officer provided a draft of the NWSSB proposed CFR
changes (see enclosure 1) to the Huntington Beach Harbour Commission Vessel
and Watercraft Ad Hoc Committee for review.
After reviewing the NWSSB proposed CFR changes, soliciting input from the OC
Sheriff Harbor Patrol and conducting analysis of Huntington Beach Fire
Department Marine Safety incident and rescue data, the HBHC Vessels and
Watercraft Ad Hoc Committee recommends that the City concur with the NWSSB
draft CFR change proposal with paragraph 3 amended to limit the use of the
public navigation channel to vessels under power with a current California
BoatNessel Registration as described in the recommended amendment below.
1
Recommended Amendment:
Original:
(3) Recreational craft, such as water skis, jet skis (personal water craft), row
boats, canoes, kayaks, wind surfers, sail boards, surf boards, etc., and any
activity involving persons in the water, are specifically prohibited within the
restricted area.
NWSSB Proposed Change:
(3) Vessels under sail, paddleboards, recreational swimming or any other activity
involving persons in the water is prohibited.
Amendment to NWSSB Proposed Change (bold italics for emphasis):
(3) Only vessels under power, with a current California Boat/Vessel
Registration, are authorized to transit through Anaheim Bay within the
limits of the marked public navigation channel adjacent to the East Jetty.
Vessels under sail, kayaks, canoes, rowboats, paddleboards, hydrofoil
boards, kite boards, wind surfers, sailboards, recreational swimming or any
other activity involving persons in the water are prohibited.
Background and Analysis:
The CFR regulates the use of the public navigation channel that provides the
sole entry and exit route for vessels and watercraft transiting into and out of
Huntington Harbour. The CFR also gives the NWSSB Commanding Officer
authority to restrict and disallow the navigating or anchorage of craft during such
times as the Commanding Officer determines that considerations of national
security or safety warrant such action(s).
The CFR is current as of March 3, 1988, as amended on April 10, 1997.
Authority to change the CFR resides with the U.S. Army Corps of Engineers
(USACE). NWSSB is requesting an update of the CFR along with 33 CFR §
110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal
Beach, California; Naval Explosives Anchorage.' The recent ammunition pier
construction project necessitates updating the CFR to reflect the new
configuration of the public navigation channel and to delineate restricted areas,
security measure and safety considerations in Anaheim Bay more accurately.
' 33 CFR§ 110.215 focuses on restrictions to navigation based on explosives operations in Anaheim Bay
and is not the subject of this review. It provides specific boundaries(latitudes and longitudes)of restncted
areas within Anaheim Bay and is under the authority of the U.S.Coast Guard(USCG).
2
Figures 1 below shows the reconfiguration of Anaheim Bay and highlights (in
yellow) the new public navigation channel. The distance from the Pacific Coast
Highway bridge to the west channel exit is approximately 5,300 feet
(approximately one statute mile). The width of the channel between the jetties is
approximately 250 feet. The waters to the north of the channel are restricted
area. For security purposes, vessels are required to transit the channel without
stopping or loitering and are forbidden from entering the restricted area.
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Figure 1: Anaheim Bay Configuration after Ammunition Pier Construction Completion
The length and width of the public navigation channel pose both a safety risk and
a hazard to navigation if kayaks, paddle boards and other manually powered
personal watercraft are allowed to transit the channel. Tidal flows through the
channel exacerbate those risks as the narrow chokepoint between the jetties
creates a Bernoulli effect (or rush of water) that hinder forward progress when
paddling against it. The narrow channel also poses a hazard to boaters
transiting the channel as the average kayaker may not be familiar with rules of
the roads or the limited maneuverability of a powerboat at minimum steerage
speed or 5 mile per hour, whichever is less.
3
Data analysis from the Huntington Beach Fire Department Marine Safety Division
reveals that, since the 2020 reintroduction of lifeguards in Huntington Harbour,
106 kayakers and 130 paddle boarders have been rescued. Reportedly, this
large number of rescues can be attributed to physical exhaustion and/or loss of
orientation among kayakers and paddle boarders. Due to the perceived safety
and calmness of the protected waters, visitors tend to underestimate the
challenges of paddling in the harbor, where high winds and tidal currents can
deceive even accomplished paddlers. Opening the public navigation channel
west of the Pacific Coast Highway bridge to kayakers and/or other manually
powered personal watercraft would result in an increased number of rescues.
This would be especially true during ebb tide periods when the tidal flow out of
the harbor would facilitate a one-way trip to the Pacific Ocean. In addition to the
obvious risk to human life, the increase in resources needed to respond to
emergencies outside of the harbor has not been studied, planned or budgeted for
by the Orange County Sheriff's Department2 or the Huntington Beach Fire
Department.
The Orange County Sheriff's Department Harbor Patrol Bureau, Sunset Harbor
supports allowing power vessels (i.e., powerboats & personal watercraft AKA jet
skis) authorization to transit through the Anaheim Bay at 5 mph without stopping
between Huntington Harbour (inside the Pacific Coast Highway bridge) and the
demarcation line. Sergeant Ron West of the County Sheriff's Department Harbor
Patrol, Sunset Harbor provided the following expert insight:
In the interest of public safety, we are very much against
allowing human-powered crafts (kayaks, SUPs, Floaties,
Etc...) inside the area. This is due to the high boat traffic and
strong tidal currents in that narrow channel. I believe there
would be an increase in rescue calls for exhausted kayakers
and paddleboarders during tidal changes, as well as vessel
collisions caused by an increase in human-powered vessels
being restricted in their ability to maneuver because of the
wind and currents in that narrow channel. There is also the
likelihood of"curious" tourists paddling into the Naval
Weapons Station, unaware of the security risk they may
pose. Human-powered vessels rarely have CF numbers and
the operators rarely carry identification with them making it
more time-consuming to properly identify would-be
offenders.
The counter argument for authorizing kayaks, paddleboards and other manually
powered personal watercraft in the public navigation channel stems from the
public interest for coastal access. The Coastal Commission Report (CD-002-18)
2 The Orange County Sheriff's Department has jurisdiction west of the PCH bridge(i.e.,in the public
navigation channel).
4
filed 10/25/2018 recommending concurrence on the ammunition pier project
stated:
Because the new public access channel would be separated
from the Navy's access to the new ammunition pier (Exhibit
4), boating access would be improved following construction.
The width of the public navigation channel would be
increased to a navigable width of approximately 250 feet,
compared to the existing width of approximately 150 feet.
The Navy estimates that temporary closure times (when a
vessel is in transit to the new ammunitions pier) would be
reduced compared to the current situation by 30-50%,
because of the greater distance of separation between the
channel leading to the ammunition pier and the new public
access channel. Finally, the Navy states that it would work
with the U.S. Coast Guard and the Army Corps of Engineers
to eliminate or reduce the restrictions on jet skis, kayaks,
surfboards, paddleboards, and wind surfing within the public
access channel.
However, the Huntington Beach Harbour Commission Vessel and Watercraft Ad
Hoc Committee believes the real risk to personal safety and the hazards to
navigation outweigh the marginal increase to coastal public access. In fact, the
security restrictions preventing vessels and watercraft from stopping or loitering
while transiting the public navigation channel limits coastal access in the area.
Coastal access to the ocean environment remains available at both Sunset
Beach and Seal Beach.
Summary:
The Huntington Beach Harbour Commission Vessel and Watercraft Ad Hoc
Committee recommends the Harbour Commission approve the recommendation
that the Huntington Beach City Council provide the following input to NWSB:
The City of Huntington Beach concurs with the Naval Weapons Seal Beach
proposed changes to 33 CFR 334.930 with paragraph 3 amended as follows
(use of bold and italics to highlight recommended amendment to NWSSB
proposed change):
(3) Only vessels under power, with a current California Boat/Vessel
Registration, are authorized to transit through Anaheim Bay within the
limits of the marked public navigation channel adjacent to the East Jetty.
Vessels under sail, kayaks, canoes, rowboats, paddleboards, hydrofoil
boards, kite boards, wind surfers, sailboards, recreational swimming or any
other activity involving persons in the water are prohibited.
5
Enclosures:
Enclosure 1: NWSSB Proposed Changes to 33 CFR § 110.215 and § 334.930
(Working Copy)
Enclosure 2: Draft Letter from the Mayor of the City of Huntington Beach to the
Commanding Officer of Naval Weapons Station Seal Beach
6
DRAFT WORKING COPY - NOT FOR PUBLIC RELEASE
ANAHEIM BAY CFR CHANGES
Background: Anaheim Bay has been extensively modified under Military Construction
(MILCON)projects P-224/6, and some Navy missions performed in the bay have changed.
The following Code of Federal Regulation(CFR) sections are no longer accurate and require
changes:
33 CFR§ 110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal
Beach, California; Naval Explosives Anchorage (this CFR section is under the authority of
the USCG); and
33 CFR§ 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station, Seal Beach
(CFR section under the authority of the USACE).
+++III+++++++++++++++
1. 33 CFR § 110.215-This section largely focuses on restrictions to navigation
based on explosives operations in Anaheim Bay. Due to changes in the location of the public
navigation channel and the recent elimination of outer harbor explosives anchorages, the
following updates are needed:
1. Eliminate incorrect information on outer harbor explosives anchorages, and focus on
ammunition wharf/pier explosives operations in mid&inner bay areas.
2. Delineate location of the new restricted areas and new public navigation channel.
3. Clarify responsibilities for enforcement of Navy restricted areas as USN or USN-
designated agencies.
This CFR section is listed as under the authority of the U.S. Coast Guard.
CURRENT CFR TEXT:
§ 110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station, Seal
Beach, California; Naval Explosives Anchorage.
(a)The anchorage ground. The waters of Anaheim Bay Harbor between the east side of the
Entrance Channel and the East Jetty, and the west side of the Entrance Channel and the West Jetty
as outlined in the following two sections:
(1)East Side: (2)West Side:
Latitude ' Longitude Latitude Longitude
Enclosure (1)
DRAFT WORKING COPY - NOT FOR PUBLIC RELEASE
33°44'03.0" N 118°05'35.0"W 33°44'05.0" N 118°05'40.0"W
33043153.0" N 118°05'15.0"W 33°44'06.0" N 118°05'56.5"W
3304349.0" N 118°05'18.0"W 33°44'01.0" N 118°06'01.0"W
33°43'36.5" N 118°05'56.0"W 33°43'40.5" N 118°06'03.0"W
33°43'37.0" N 118°05'57.0"W 33°43'39.5" N 118°06'02.0"W
33°44'03.0" N 118°05'35.0"W 33°44'05.0" N 118°05'40.0"W
(b)The regulations.
(1)This area is reserved for use of naval vessels carrying or transferring ammunition or
explosives under standard military restrictions as established by the Safety Manual, Armed
Service Explosives Board.
(2) No pleasure or commercial craft shall navigate or anchor within this area at any time without
first obtaining permission from the Commanding Officer, Naval Weapons Station, Seal Beach,
California. This officer will extend full cooperation relating to public use of the area and will fully
consider every reasonable request for the passage of small craft in light of requirements for
national security and safety of persons and property.
(3) Nothing in this section shall be construed as relieving the owner or operator of any vessel from
the regulations contained in § 334.930 of Title 33, covering navigation in Anaheim Bay Harbor.
(4)The regulations in this section shall be administered by the Commanding Officer U.S. Naval
Weapons Station, Seal Beach, California and by such agencies as he may designate, and
enforced by the Captain of the Port, Los Angeles-Long Beach, California.
[CGD11-87-07, 53 FR 878, Jan. 14, 1988, as amended by USCG-2015-0433, 80 FR 44281, July 27,
2015]
PROPOSED CFR REVISION (CHANGES IN RED):
§ 110.215 Anaheim Bay Harbor, California; U.S. Naval Weapons Station Seal
Beach, California; Naval Explosives Operations.
(a)The restricted area. The waters of Anaheim Bay Harbor between the East and West Jetties, and
the contiguous inner basin at the United States Naval Weapons Station, Seal Beach, California, with
the exception of the public navigation channel directly adjacent to the East Jetty.
Enclosure (1)
DRAFT WORKING COPY - NOT FOR PUBLIC RELEASE
(b) The public navigation channel. The designated public navigation channel within Anaheim Bay
Harbor starting at the mouth of the outer harbor and running northeast, adjacent to the East Jetty, as
far north as the Anaheim Bay Bridge, as outlined in the following two sections:
(1)Northeast (2)Southwest
Boundary: Boundary:
Latitude Longitude Latitude Longitude
33°43'38.865" N 118°06'06.772"W 33°43'36.423" N 118°06'00.978"W
33°43'49.883" N 118°05'44.174"W 33043145.578" N 118°05'35.371"W
33043155.954" N 118°05'23.436"W 33°43'54.123" N 118°05'19.767"W
33043155.986" N 118°05'12.583"W 33043153.031" N 118°05'10.729"W
33°43'55.665" N 118°05'06.558"W 33°43'53.866" N 118°05'05.746"W
(c)The regulations.
(1)The restricted area is reserved for the sole use of naval vessels carrying or transferring
ammunition or explosives under standard military restrictions as established by DoD 6055.09-M,
DoD Ammunition and Explosives Safety Standards, and for other military purposes.
(2) No pleasure or commercial craft shall navigate or anchor within the restricted area at any time
without first obtaining permission from the Commanding Officer, Naval Weapons Station Seal
Beach, California.
(3)The Commanding Officer, Naval Weapons Station, Seal Beach, California authorizes civilian
pleasure and commercial craft to navigate only within the public navigation channel. The authority
of the Naval Weapons Station Commanding Officer in this area extends to restricting and
disallowing the navigating of craft in the public navigation channel during such times as the
Commanding Officer determines that considerations of national security or safety warrant such
action(s).
(4) Nothing in this section shall be construed as relieving the owner or operator of any vessel from
the regulations contained in § 334.930 of Title 33, covering navigation in Anaheim Bay Harbor.
(5)The regulations in this section shall be administered and enforced by the Commanding Officer,
Naval Weapons Station Seal Beach, California, and by such agencies as the Commanding Officer
may designate.
Enclosure (1)
DRAFT WORKING COPY - NOT FOR PUBLIC RELEASE
++++++++++
2. 33 CFR § 334.930 -This section focuses on restrictions to specific civilian use of
Anaheim Bay. As with 33 CFR § 110.215, changes are needed to the stated locations of the
restricted areas and public channel. Also, due to the small width of the original public navigation
channel and other factors, safety regulations were put in place to eliminate personal and hand-
powered watercraft use inside the bay. With the completion of a wider and much shorter public
channel with much clearer sight lines,the Navy is looking to eliminate many of these restrictions
if USCG and USACE determine that it is safe to do so. We are therefore looking at making the
following changes:
1. Delineate location of the new restricted areas and new public navigation channel.
2. With USCG and USACE concurrence, eliminate restrictions on most hand powered
watercraft and PWCs.
[Note: It was the original intention of the Navy to eliminate all restrictions on hand-powered
watercraft. However, after reviewing an original draft of CFR changes,the Orange County
Sheriff's Department raised concerns about the safety of paddle boards and kayaks due to current
flow at the narrow waterway under the Anaheim Bay Bridge. This latest CFR draft keeps paddle
boards on the restricted list but would allow for the use of kayaks. The Navy is especially
interested in USCG and USACE input on this issue.]
3. Add warning about stopping or anchoring inside the harbor.
4. Update contact information that is—30 years out of date.
This CFR section is listed as under the authority of the U.S. Army Corps of Engineers.
CURRENT CFR TEXT:
33 CFR § 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station, Seal
Beach.
(a)The restricted area.The water of Anaheim Bay Harbor between the east and west jetties at the
United States Naval Weapons Station, Seal Beach, California, and the contiguous tidal channel and
basin as far east as the Anaheim Bay bridge.
(b)The regulation.
(1)The authority of the Naval Weapons Station Commanding Officer in this area extends to
restricting and disallowing the navigating or anchorage of craft during such times as the
Commanding Officer determines that considerations of national security or safety warrant such
action(s).
Enclosure (1)
DRAFT WORKING COPY - NOT FOR PUBLIC RELEASE
(2)All craft authorized transit of this area shall stay within the limits of the entrance channel in the
Outer Harbor, and confine their movement to within the limits of the marked small craft channel at
the southern portion of the Inner Harbor.
(3) Recreational craft, such as water skis,jet skis (personal water craft), row boats, canoes,
kayaks, wind surfers, sail boards, surf boards, etc., and any activity involving persons in the water,
are specifically prohibited within the restricted area.
(4) Boats unable to throttle down or to maintain steerage way at 5 miles per hour speed shall
proceed at the minimum speed consistent with seamanship in an area regularly subject to
waterborne explosive handling operations. In case of doubt, boat operators of inbound boats will
remain in the west end of the basin and outbound boats in the east end of the basin until informed
by a representative of the Naval Weapons Station or U.S. Coast Guard of the completion of the
waterborne explosive handling hazard.
(5) Smoking, open flames and barbecues in boats are prohibited during the transit of this area.
(6) Nothing in the regulations in this section shall be construed as relieving the owner or persons
in command of any vessels or plant from the penalties of the law for obstructing navigation or for
not complying with the navigation laws in regard to lights or signals or for otherwise violating law.
(7)All vessel operators shall heed and obey all posted signs and/or instructions issued by security
personnel of the U.S. Naval Weapons Station.
(8)The regulations in this section shall be enforced by the Commanding Officer, U.S. Naval
Weapons Station, Seal Beach, California, and such agencies as he/she may designate. For
clarification or other information, the U.S. Naval Weapons Station Command Duty Officer should
be contacted at (213) 594-7101.
[53 FR 6942, Mar. 3, 1988, as amended at 62 FR 17556, Apr. 10, 1997]
PROPOSED CFR REVISION (CHANGES IN RED):
§ 334.930 Anaheim Bay Harbor, Calif.; Naval Weapons Station Seal Beach.
(a)The restricted area. The water of Anaheim Bay Harbor between the east and west jetties at the
United States Naval Weapons Station, Seal Beach, California, and the contiguous inner basin.
(b) The Public Navigation Channel. The designated public navigation channel within Anaheim Bay
Harbor, starting at the mouth of the outer harbor and running northeast, adjacent to the East Jetty,
as far north as the Anaheim Bay Bridge.
(c)The regulation.
(1)The authority of the Naval Weapons Station Commanding Officer in this area extends to
restricting and disallowing the navigating or anchorage of craft during such times as the
Commanding Officer determines that considerations of national security or safety warrant such
action(s).
(2) Unless otherwise approved by the Commanding Officer, Naval Weapons Station Seal Beach,
civilian craft are only authorized transit through Anaheim Bay within the limits of the marked public
navigation channel adjacent to the East Jetty.
(3) Vessels under sail, paddle boards, recreational swimming or any other activity involving
persons in the water is prohibited.
Enclosure (1)
DRAFT WORKING COPY - NOT FOR PUBLIC RELEASE
(4)Anchoring or stopping within Anaheim Bay is prohibited without prior approval by the
Commanding Officer, Naval Weapons Station Seal Beach. Boats unable to throttle down or to
maintain steerage way at 5 miles per hour speed shall proceed at the minimum speed consistent
with safe navigation.
(5) Smoking, open flames and barbecues in boats are prohibited during the transit of this area.
(6) Nothing in the regulations in this section shall be construed as relieving the owner or persons
in command of any vessels or plant from the penalties of the law for obstructing navigation or for
not complying with the navigation laws in regard to lights or signals or for otherwise violating law.
(7) All vessel operators shall heed and obey all posted signs and/or instructions issued by security
personnel of the U.S. Naval Weapons Station.
(8)The regulations in this section shall be enforced by the Commanding Officer, U.S. Naval
Weapons Station, Seal Beach, California, and such agencies as they may designate. For
clarification or other information, the U.S. Naval Weapons Station Public Affairs Officer should be
contacted at (562) 626-7215.
Enclosure (1)
i��i��Nt INGl�
,�``_°' `a►wt°y�nF9�� CITY OF HUNTINGTON BEACH
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2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
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September 26, 2023
Captain Jessica O'Brien
Commanding Officer
Naval Weapons Station Seal Beach
800 Seal Beach Boulevard, B-204
Seal Beach, California 90740
Captain O'Brien:
Thank you for affording the City of Huntington Beach with the opportunity to provide
input to the proposed changes to 33 CFR § 334.930 Anaheim Bay Harbor, California,
Naval Weapons Station, Seal Beach (the CFR). This letter provides the City's
recommendation regarding the CFR, which affects vessel and watercraft access to the
newly designed and rerouted public navigation channel through Anaheim Bay.
The Huntington Beach Harbour Commission reviewed the draft copy of Naval Weapons
Station Seal Beach proposed changes to the CFR (Enclosure 1). The Commission also
solicited input from the Orange County Sheriff's Harbor Patrol and conducted analysis
using Huntington Beach Fire Department Marine Safety Division historical incident and
rescue data. They then provided recommendations to the City Council.
The City concurs with the Naval Weapons Station Seal Beach proposed changes to the
CFR with paragraph 3 amended as follows (bold and italics are used to highlight the
City's recommended amendment to the proposed change).
Amend paragraph 3 to read:
(3) Only vessels under power, with a current Boat/Vessel Registration, are
authorized to transit through Anaheim Bay within the limits of the marked public
navigation channel adjacent to the east jetty. Vessels under sail, kayaks, canoes,
rowboats, paddleboards, hydrofoil boards, kite boards, wind surfers, sailboards,
recreational swimming or any other activity involving persons in the water are
prohibited.
The enclosed CFR change proposal issue paper from the Huntington Beach Harbour
Commission provides the rationale and data supporting the City's recommendation
(Enclosure 2). Notwithstanding the desire to maximize costal access to the public, the
City believes that the risk to personal safety and the hazards to navigation incurred by
allowing kayaks or other manually powered personal watercraft in the public navigation
channel outweigh the marginal increase in coastal access.
City Manager's Office: 714.536.5202
If you have any questions or would like to like additional information, my points of
contact are:
Al Zelinka
City Manager
Email: AI.Zelinka@surfcity-hb.org
Phone: 714-536-5202
Scott Haberle
Fire Chief
Email: Scott.Haberle@surfcity-hb.org
Phone: 714-536-5401
Thank you for allowing the City to weigh in on this important safety issue. We look
forward to collaborating with Naval Weapons Station Seal Beach on future efforts.
Very respectfully,
Tony Strickland
Mayor, City of Huntington Beach
Enclosures:
1. Proposed Changes to 33 CFR § 110.215 and § 334.930
2. Harbour Commission CFR Change Proposal Issue Paper
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ISSUE STATEMENT
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Issue: - } • ,y� .,
-- e Title 33 CFR § 334.930 Paragraph 3 0. `''.,' ' A'. • i,.�. ,, �`t
delineates the vessels and watercraft t ' ,h *,�,. ;f " `.,.� - r=:W
authorized to transit through Anaheim ` :. • 5'' - _, '' , .' � . • - K
Bay via the public navigation channel .. x4 T/ cg . , .
Restricted Area 144
The public navigation channel provides ,. ; ► `'xn
- the sole entry and exit route for vessels - _ �' °4'..vc-: 1
and watercraft transiting into and out of ,�-` •` $4 ,
Huntington Harbour `� 41 ::<` •, :
The recent ammunition pier project at _,-, ; . < ,;. ==
Naval Weapons Station Seal Beach 3 '` .
(NWSSB) rerouted and redesigned the , r�'' _0
"in .4.. -: , ,a'L
_ public navigation channel ;� ' e� ::� '� �;;� �'" �, ' � _ ,
i Restricted Area �t� .r.,,, �, ,; , i-}°' `
The CFR requires updating to reflect the t G\`a 4' `-- � "
reconfiguration of Anaheim Bay a�`,at� .. 1.�D ;
The Commanding Officer of NWSSB ��c N " ` ° .--
requests the City of Huntington Beach Qub
input on proposed changes to the CFR
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HUNTINGTON BEACH
RECOMMENDATION
Concur with NWSSB Proposed Changes to 33 CFR § 334.930
__ with Recommended Amendment to Paragraph 3
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(3) Recreational craft, such as water skis, jet skis (personal water craft), row boats, canoes, kayaks, wind .
surfers, sail boards, surf boards, etc., and any activity involving persons in the water, are specifically
prohibited within the restricted area. -
NWSSB Proposed Change: _ __
(3) Vessels under sail, paddle boards, recreational swimming or any other activity involving persons in the K
water is prohibited.
v Recommended Amendment:
(3) Only vessels under power, with a current California BoatNessel Registration, are authorized to transit
`Y ` through Anaheim Bay within the limits of the marked public navigation channel adjacent to the East - --.._
Jetty. Vessels under sail, kayaks, canoes, row boats, paddle boards, hydrofoil boards, kite boards, wind
surfers, sail boards, recreational swimming or any other activity involving persons in the
water are prohibited.
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HNNTINGTON BEACH
DATA ANALYSIS
SUBJECT MATTER EXPERT OPINION
• Since the 2020 reintroduction of lifeguards in Huntington Harbour:
_ . • 106 kayakers have been rescued
130 paddle boarders have been rescued p
�. - • Exhaustion and loss of orientation root cause of most rescues
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• Novice paddlers tend to underestimate the wind and tidal currents
• Tidal flows in the public navigation channel pose an increased risk T
• Hazards to navigation in narrow 250' wide channel also a concern
• OC Sheriff Harbor Patrol predicts an increased number of rescues if
manually powered watercraft allowed in public navigation channel
• OC Sheriff and HBFD lack the resources to respond to the predicted
increase in the number of rescues in the public navigation channel --
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HUNTINGTON BEACH
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