CF Usage Launch Ramp @ C.I. Harbor

TIMELINE

March 5, 2023

VCCFA Member meeting, item number 4 d, introduces the topic, tasking the VCCFA  to take action.  

March 6, 2023

Representatives Dave Colker, and Jason Woods meet via zoom with Ventura County Supervisor Vianey Lopez in a general meeting discussing the 20+ year old trend of lack of priority to commercial fishermen from county officials.  We advised Vianey of multiple issues, including the threat of fines for our activities at the launch ramp.  We stated our strategy is going to be to engage with the Countys' Harbor Administration and look for clarification as to why we are prohibited from loading and unloading gear and product.  We said we are hoping for a prompt response, and to be treated as a priority. 

March 20, 2023

An email is sent to Harbor Master, asking for clarity on the issue, can commercial fishermen conduct their activities at the launch ramp.

 Copy of email sent

The VCCFA (Ventura County Commercial Fishermen's Association) has been made aware from a local fisherman, by a harbor patrol, that the launch ramp is not to be used by commercial boats for commercial fishing activity.  I am reaching out to formally ask if this is true, and if it is true, specifically what code or policy refers to this.

The VCCFA disagrees with the statement that the launch ramp is only accessible for sport fishermen, or sport boaters,

Can you please let me know what the official ruling is here, so I can communicate that to not only the VCCFA members, but the US Department of Food and Agriculture, The California Coastal Commission, The California Sea Urchin Commission, Pacific Fisheries, and The Department of Fish and Wildlife?  We are prepared to challenge this ruling.  

The VCCFA's mission statement is to To engage in the advertising and promotion of sale of  seafood products and in activities for the prevention, modification, or removal of trade barriers which restrict the free flow of seafood products to market, including negotiations with State, Federal, or Foreign Governmental Agencies which affect the marketing of any seafood products.  To engage in educational programs regarding commercial fishing and fish and shellfish recourses and to promote the wise use of those recourses on a sustained yield basis. 

In early next year, with the anticipated opening of a Cowcod Reserve (4,200 square mile area (Area 1, or Western CCA) off the Palos Verdes Peninsula extending southwards about 90 miles and westward another 50 miles), The Channel Islands Harbor is going to have an uptick in commercial fishing boats being trailered in - and using the launch ramp.  These will be fishermen from all over the state, and in some cases from out of state.  We need to address this (restricted) access prior to January, 2024 when the area becomes acceptable after a 20 + year closure and is deemed restocked.  Not only for that purpose, but for the purpose of the commercial fishermen who use the launch ramp currently.

The threat of a $25,000.00 fine if caught using the launch ramp is not a light threat.  It can put commercial fishermen in fear for their livelihoods and is causing a disruption in the free flow of seafood to market.  I will be reporting back to the VCCFA, and the other named parties on the response of the Channel Islands Harbor.  If indeed it is found to be an erroneous claim that the launch ramp is not accessible to commercial fishermen, could you please see to it that the threats of $25,000.00 fines are stopped.

I brought this issue up with Supervisor Vianey Lopez, in a recent meeting and am now following up with an email.  Please reply to the answer.  

cc'd are all VCCFA Board members (This message has been approved by the VCCFA and voted to be sent as is), also included are C.I. Harbor Admin and County Supervisor District 5 and staff. 

March 21, 2023 

An email is recieved from Harbor Master Gary Hirtinsteiner with a reply 

 Copy of email received

The Channel Islands Boat Launching Facility was funded by Department of Boating and Waterways Department Grant Funds. In the agreement between the County of Ventura Harbor Department and the Department of Boating and Waterways Department it states that the Project Area shall be operated solely as a recreational boat launching facility. Other uses of the facility such as for craft fairs, festivals, SNO-PARKS, special events, storage, transient parking, camping, etc., are not allowed without prior written permission of the Department. It also states: Failure to obtain prior approval of the Department and Commission for such restrictions shall constitute a breach of this Agreement and may result in penalties set forth in Article 9 of this exhibit.

Please note that the launch ramp is available to vessels, kayaks, standup paddleboards, etc. to launch and haul out. However, no commercial activity is authorized at the recreational boat launch ramp as posted on the signs at the entrance to the launch ramp facility and at the pay station adjacent to the ramp.

The County of Ventura Harbor Department’s Rate and Fee schedule has the Commercial Use of the Public Launch Ramp Violation fee set at $250-$2,500 per day. Not $25,000 as you stated.

There are two dedicated areas for commercial fishing operations in the harbor. The wharf at Fisherman’s Wharf and the Commercial Fishing Wharf at Marine Emporium Landing.

December 14, 2023

A Meeting with Channel Islands Harbor Director Michael Tripp, Harbor Master Andy Werner, VCCFA President Dave Colker,  Vice-President Jason Woods, C.I. Representative Eric Hodge with fishery consultant  Mick Kronman took place, where VCCFA requested clarity to the usage of the launch ramp.

The VCCFA was offered the ability to apply for a Special Condition Use Permit for an area (dockside) adjacent to the launch ramp to conduct the commercial fishing activities requested.

The VCCFA has declined the offer, due to no resolution for the launch ramp as a whole.  We feel that we should never have had our rights for usage of the launch ramp taken in the first place.  That is, that an agreement between the DBW and The County still has to adhere to the law (Coastal Act of 1976), and  any agreement between the DBW and County cannot superseed existing law.

February 7th, 2024

VCCFA sends a request for an update to this matter.  Below is a copy of the email sent.

Hello,

The Ventura County Commercial Fishermen's Association (VCCFA) is requesting time and consideration from The Ventura County Board of Supervisors for resolution to an issue we are attempting to resolve between the VCCFA and The Channel Islands Harbor Administration.

The VCCFA has reached an impasse in trying to find a ruling for the interpretation of County Ordinance 6406-7.1 from Ventura County Harbor Administration that matches ours.  The issue we have is that usage of the launch ramp in Channel Islands Harbor restricts normal commercial fishing activities.  The activities being restricted are the loading and unloading of catch (fish products) and gear.  We understand the direct sale of fish products is not allowed.  We are looking to be able to conduct the same activities as a sport boater/fisherman would have.

Although this may not seem like a big deal, we feel our access to the launch facility is being impeded for our uses. 

We (Dave Colker - President VCCFA, Jason Woods - Vice-President VCCFA, and Mick Kronmann - VCCFA Fishery Consultant) had a meeting with Michael Tripp, Harbor Director and Andy Werner, Harbor Master Thursday December 14, 2023 about this issue we had and have requested an official interpretation that either allows or bars commercial fishing activity at the launch ramp, based on the cited reason of the posted ordinance (6406-7.1)  We also addressed the agreement the Division of Boating and Waterways (DBW) has with the County for proper usage of the launch ramp.

The County's response was to allow us the ability to apply for a special condition use permit for usage of the docks that are at the launch ramp.  Although this is a great gesture, it does not give us clarity on the usage of the launch ramp as a whole.  We have considered the special condition permit, but are not going to apply until we have a ruling for the area as a whole.

The VCCFA has sent a document produced by the VCCFA (attached) to other associations and received feedback that we do in fact have a point and a legitimate reason for further clarification.  The idea is that the ordinance does not exclude the activities we are looking to be able to conduct.  In reading the agreement between the DBW and the County (attached) we also cannot find verbiage that excludes commercial fishermen from transferring gear and product to and from their boats to their vessels.  If it does, we would like the County to support us in approaching the DBW and ask for permission. 

The VCCFA relies on the Coastal Act of 1976 to support protecting access to the ocean and land for commercial fishermen.  The VCCFA feels if the DBW and County have agreed to not allow commercial fishing activity at the launch ramp, we have had our rights erroneously taken.

What The VCCFA is asking for is the County Supervisors to assess the usage of the launch ramp and advise the County Administration on if we are allowed to or not allowed to conduct our activities.  We would like to have a ruling in a public forum, such as the County Board of Supervisors Public Meeting.  We are asking to be added to an upcoming VCBOS public meeting.   We can be available for the February 20, 2024 meeting or in a reasonable time frame thereafter.

Please let us know if we can get on the agenda.  If this is not an appropriate approach please advise us of our next move to get our objective completed..  This is important to us and warrants more time than the 3-minute public comment portion of the public meeting. 

We can be reached via email here, or by contacting Dave Colker, President VCCFA at 805-663-2152

Attached is the document produced by the VCCFA explaining our case, and the DBW's agreement with the County for funding the repaving and redevelopment of the launch ramp. 

Thank you in advance for your response. 

Recipients

Ventura County Board of Supervisors

Clerk of the Board VCBOS

Kelly Long, District 3 VCBOS; Chair of the Board VCBOS

Janice S. Parvin District 4 VCBOS; Chair of the Board VCBOS

Matt LaVere District 1 VCBOS

Jeff Gorell District 2 VCBOS

Vianey Lopez, District 5 VCBOS

VCCFA

Dave Colker, President VCCFA

Jason Woods, Vice-President VCCFA

Eric Hodge, C.I. Harbor Rep VCCFA

Richard Yoder, Pt. Hueneme Rep VCCFA

Dania Williams, Secretary VCCFA

Darrell Keller, Treasurer VCCFA

Mick Kronmann, Fishery Consultant VCCFA

February 14th, 2024

Responses are fielded from County Supervisors, Parvin, Lopez, and Long.

We have been advised that Michael Tripp (Harbor Director) has referred this matter to County Counsel.  Through correspondance with M. Tripp and V.Lopez, the VCCFA has requested an answer on or before March 15, 2024 from County Counsel.  The VCCFA will be following up on a ruling on March 15, and update the responses here.