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Composite Training Unit Exercises and Joint Task ... - Govsupport.us

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CD-086-06, Navy <strong>Training</strong> <strong>Exercises</strong>Southern CaliforniaPage 8C. Federal Agency's Consistency Determination. The Navy has determined theproject consistent to the maximum extent practicable with the California Coastal ManagementProgram.II. STAFF RECOMMENDATION:The staff recommends that the Commission adopt the following motion:MOTION:I move that the Commission conditionally concur with consistencydetermination CD-086-06 <strong>and</strong> determine that, as conditioned, theproject described therein is fully consistent, <strong>and</strong> th<strong>us</strong> is consistent tothe maximum extent practicable, with the enforceable policies of theCalifornia Coastal Management Program (CCMP).STAFF RECOMMENDATION:Staff recommends a YES vote on the motion. Passage of this motion will result in anagreement with the determination <strong>and</strong> adoption of the following resolution <strong>and</strong> findings. Anaffirmative vote of a majority of the Commissioners present is required to pass the motion.RESOLUTION TO CONDITIONALLY CONCUR WITH CONSISTENCYDETERMINATION:The Commission hereby conditionally concurs with consistency determination CD-086-06 bythe Navy on the grounds that the project would be fully consistent, <strong>and</strong> th<strong>us</strong> consistent to themaximum extent practicable, with the enforceable policies of the CCMP, provided the Navyagrees to modify the project consistent with the condition specified below, as provided for in15 CFR §930.4.Condition:1. Submittal of Monitoring Plans. The Navy shall agree to submit all marinemammal monitoring reports prepared for the National Marine Fisheries Service to theCommission staff for its review.III. APPLICABLE LEGAL AUTHORITIES.The federal consistency regulations (15 CFR § 930.4) provide for conditionalconcurrences, as follows:(a) Federal agencies, … should cooperate with State agencies to develop conditionsthat, if agreed to during the State agency’s consistency review period <strong>and</strong> included in aFederal agency’s final decision under Subpart C … would allow the State agency toconcur with the federal action. If instead a State agency issues a conditionalconcurrence:

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