California Coastal Commission Denied Permit for PG&E's
High Energy Seismic Survey
&
PG&E's Low Energy Seismic Surveys Need to be Investigated
We would like to thank the California Coastal Commission (CCC) for unanimously denying the permit to PG&E for the High Energy Seismic Survey (HESS) that would have been catastrophic to marine life off California's Coast.
Central Coast Sea Otters - Video Courtesy of Avila Beach Paddlesports & Vincent Shay Photography
PG&E's Low Energy Seismic Surveys Need to Be Investigated
Our research on both types of geophysical seismic surveys indicates the Low Energy Seismic Surveys (LESS) were not properly permitted, managed, monitored, or mitigated. There was no enforcement, oversight, or penalties applied to bring PG&E and Fugro into compliance with the mitigations required by the geophysical survey general permit and the companion Negative Declaration, ND 358 granted by California State Lands Commission (CSLC). We ask for a full investigation.
The fishermen were the first who noticed something was wrong with the ocean's ecosystem health during November 2011 through January 2012 when fish catch dramatically declined and an unannounced survey boat was in their fishing areas.
Again, in September and October 2012, the unannounced survey boat returned, and marine life and fishermen suffered. During the same time period, the community effort was building against PG&E's proposed HESS. The fishermen were being pulled in two directions by PG&E giving them misleading information for the two seismic surveys.
Dave Kirk, President of the Port San Luis Commercial Fishermen's Association (PSLCFA) of 70 fishermen, spoke to the California Coastal Commission (CCC) giving a fisherman's point of view.
"We were bullied off the water by a 3D low energy boat with no forehand notice, causing lots of lost days of fishing and reduced catch. The fish have fled our waters and have yet to return. We have submitted claims to PG&E that have been denied. I can only dream of the day when the seawater intake of death at Diablo Canyon ceases to flow and the abalone and schools of blue bass and Johnny bass return."
Many were struggling with PG&E's Environmental Impact Review (EIR) and PG&E's other associated documents full of shortcomings, misinformation, omissions, contradictory facts, figures and tables.
At the same time, we were traumatized by the biological impacts of the LESS and the beginning of the unpermitted Sea Otter Study affecting the health and safety of 47 to 60 endangered southern sea otters that were surgically implanted. The cause of all this confusion can be assigned to either an unnecessary rushed schedule or deliberate obfuscation.
Moreover, if PG&E had received all permits for HESS, now, after LESS, it would be impossible to obtain a scientific marine life baseline. Since fish counts to establish a baseline were not taken before LESS began, it is now impossible to accurately measure how much fish stock destruction has occurred. We find this lack of concern toward the health of the ocean's ecosystem and the fishermen's livelihoods unacceptable.
PG&E's Low Energy Seismic Surveys
Pt. Bucon Work Area
Various seismic testing boats arrived beginning in 2009, and the fishermen and the community were unaware of the geophysical surveys and the effects they would cause. The fishermen thought it was strange they were not contacted nor were there any meetings for mitigation for displacement and fish catch losses.
During and immediately after two surveys, in December 2011 and in September 2012, fishermen reported 50% fish catch losses. Still under investigation is the LESS during November 2011 — January 2012. The fishermen also reported the survey boats went into protected areas (Rockfish Conservation Area and Marine Protected Areas) where fishermen are not allowed to fish due to fish habitat protections, and they are concerned destructive seismic blasting seems to have occurred in those areas.
During that time, the fishermen's groups met with spokesmen for PG&E who told them: "We have four things that need to be addressed: 1) we are going to impact you, 2) we want your cooperation, 3) we need you to stay out of the way of our boats, 4) we are going to compensate you."
Brian Stacy, PSLCFA Vice President, contacted the CSLC and received copies of the geophysical permit and ND358. Brian then realized the permits were issued to Fugro, a company contracted by PG&E. Also, Brian determined the survey boats had not followed the required mitigations in ND358. When the fishermen turned in their forms for displacement funds for lost fish catch, PG&E denied them.
When it became apparent there was no mitigation for displacement during the LESS to commercial fishermen, PG&E indicated they would compensate later. However, both PG&E and Fugro now refuse to pay the commercial fishermen for their income losses during the times they were displaced from their fishing areas. Besides losing their fishing time, the fishermen now have fish stocks that are drastically lower caused by acoustic blasting destruction. Both corporations insist the blasting causes no environmental damage, and therefore do not need to pay the fishermen.
Next, in September 2012 we noticed the Brown Pelicans and cormorants were gone, and sea otter behavior became noticeably chaotic and confused. The feeling by the ocean was strange, eerie. Many observers reported hundreds of birds, two sea otters, eight harbor porpoises, and two dolphins washed ashore — dead.
A Zone of Lethality, The Destruction of the Ocean's Web-of-Life
We found one document for LESS that stated the intensity of the decibels. This information could explain the biological impacts from LESS. PG&E's "Concurrence Request to California Department of Fish and Game" states decibel levels of 210 dB and 216 dB for the Survey beginning in September 2011. Concurrence Request for PG&E's High Resolution 2D Seismic Data Collection Survey, San Simeon Point to Cayucos Point
The overall description for both types of the offshore surveys are included in two tables in a letter from PG&E to Bruce Gibson, Supervisor of San Luis Obispo County. (See PDF files Chart 1 and Chart 2) This letter is included in the correspondence to the CCC. (Coastal.ca.gov/Reports)
Mark Tognazinni stated to the CCC that in a previous study years ago, he observed 50% fish catch loss from using one airgun at 190 dB every 30 seconds. LESS produced 210 dB and 216 dB. The CCC stated PG&E's proposed HESS 250 dB every 15 seconds would create a Zone of Lethality. (Coastal CA.gov - W13b-11-2012)
An investigation and re-evaluation of low energy seismic geophysical surveys are needed. We are concerned that 216 dB is considered low enough by the California State Lands Commission (CSLC) to not need an updated EIR and a permit from CCC and the California Department of Fish and Game (DF&G), especially since the Navy requires divers to receive no more than 145 dB. (See: DiverStudies) No warnings were given to divers, swimmers or surfers during these surveys.
Permitting 210-216 dB geophysical surveys as low energy in nearshore ocean areas is unacceptable and puts the public safety at risk. No mitigation, no EIR, and no public knowledge are completely unacceptable, especially since the CSLC provides no oversight.
CSLC Defines Low and High Energy Seismic Surveys
CSLC defines low and high-energy surveys by having less than or more than 2 kilo joules (kJ) of energy input.
Low-energy: uses equipment that has 2 kJ or less of energy input.
High-energy: uses equipment that has more than 2 kJ of energy input. Unfortunately, this definition does not tell us the sound intensity — decibel levels.
The CSLC document C119, 2011 states a history of how the CSLC decided to have two levels of energy surveys, the low level only needing a permit from CSLC.
"The CSLC has been issuing geophysical survey permits in some form since 1945. In 1987, however, mounting evidence of the potentially significant effects of "high-energy" survey equipment (greater than two kilojoules [kJ] of energy input) on marine fish, mammals and reptiles, both behaviorally and physiologically, prompted the CSLC to distinguish between low- and high-energy surveys in its permitting."
"Since then, under its low-energy offshore geophysical permit program, which is based upon a May 24, 1984 Mitigated Negative Declaration (MND) prepared by the CSLC pursuant to the requirements of the California Environmental Quality Act (CEQA)(PRC § 21000 et seq.), the CSLC issues permits for the use of equipment using no more than 2 kJ of energy input."
Unfortunately, the CSLC offers no oversight on how the permits are used. With regulations should come monitoring. We emphasize the lack of enforcement results in putting the public safety and the marine web-of-life at risk.
The CSLC issued Fugro a permit statewide California for October 1, 2012 to September 30, 2013. We are concerned what decibel levels will be blasted and in what locations. Also, PG&E seems to have forgotten to mention the December 2011 through January 2012 LESS activity. We are concerned about more low energy surveys that may be planned by PG&E.
Julie Tacker, former Los Osos Community Services District Director, called the Public Utilities Commission (PUC) on November 15, 2012 and asked if PG&E could continue spending the $64 million from ratepayers. The Commission representative said that PG&E can continue spending the money on the low energy testing as long as they "justify" the expenditures.
We are concerned the money and the non-regulated low energy permitted surveys may harm our marine life just as a high energy survey would have.
PG&E hired Fugro to perform the Low Energy Seismic Surveys
As we reported in our November SLO Coast Journal article, several fishermen have reported difficulties with the PG&E's implementation of the LESS. Many believe their interests were overlooked when PG&E hired Furgo as their contractor of the LESS. Both PG&E and Fugro are refusing to pay for the loss of the fishermen's income. We find this corporate attitude unacceptable because funds to pay the fishermen would come out of the $64 million granted to PG&E from their ratepayers by the CPUC. California needs to hold PG&E accountable for their expenditures of public money.
Brian Stacy, Vice President of PSLCFA, reported the fishermen problems compounded when they learned CSLC granted Fugro a 1984 geophysical survey general permit. The companion Negative Declaration, ND 358 was not updated to include today's regulations and expectations, such as protection of the Marine Protected Areas.
It became more difficult for the fishermen to know who to address for mitigations for lost fish catches during LESS when they learned the permits are based on a 1984 permit, and were issued to Fugro, not to PG&E. The fishermen were told by PG&E that it wasn't their permit, and by Fugro that they didn't know they would have to mitigate the fishermen. We are appalled with the corporate bullying applied to the fishermen rather than honest negotiation for lost income.
Permits and Information for Low Energy Seismic Surveys
We are concerned these yearly geophysical survey general permits can be issued for the entire California coast, and local communities do not know seismic survey boats are going to be acoustically blasting in their coastal areas. The companies are not informing or warning the public of possible bodily harm from recreating in the ocean.
These documents are not generally available for public view and public scrutiny, and potential biological and economic impacts cannot not addressed. In some cases, it took the power of the CCC to bring hidden information and maps into the light of day for public and CCC analysis. Worse, recorded real damage to marine life in general and specifically to marine protected areas, National Marine Sanctuaries, a National Estuary and a Marine National Monument cannot be analyzed.
We have been informed, when the fishermen recently wished to file a complaint against Furgo, that CSLC refused. We are seriously concerned with the CSLC refusal, especially since we found documented evidence of previous violations by Fugro that resulted in CSLC staff recommendation for revocation of the permit. However, as reported by Indybay.org:
"The Commission offered a deal to the company that it could keep its permit if it followed the staff's recommendations - payment of costs ($13,000) to the CSLC to investigate the incident, and to have observers on board when operating and to notify CSLC before conducting operations."
This "deal" was offered after a blue whale (the largest known animal to have ever existed) was killed near Humbolt Bay in 2009 by Fugro's boat, the Pacific Star. Fugro did not have an approved Marine Wildlife monitor onboard, and they were conducting a geophysical survey in State waters without prior notification to the agency, as required in their permit. Beached blue whale photo from article: Indy Bay - The Whalegate Scandal
Beached Blue Whale /Photo credit - Indy Bay - Chun
Thus, CSLC knows Fugro's lack of attention to mitigation, yet does not provide oversight or enforce regulations. When Brian Stacy recently reported to the CSLC that there was no monitoring for mammals and the fishermen were not contacted, he was told by phone that the CSLC believed Fugro had complied because they said they had — because they said they had.
Biological Impacts Defined
In our June, 2012's article, where we first expressed our deep concerns about the inadequacies of the Draft EIR for HESS, we predicted a disruption in the ocean web of life that would create serious consequences in the food chain.
We pointed to the endangered Brown Pelican as an indicator species where the loss of the abundant food web-of-life would occur as a result of constant sonic blasting (once every 15 seconds for 24/7 for weeks at a time) at 240-260 dB.
We were surprised when the biological impacts immediately after LESS began in September 2012. The Brown Pelicans, cormorants and other sea birds that roost on the nearshore rocks (all of which are part of the entire coastal nearshore rock habitat belonging to the California National Marine Monument), departed.
The usual pattern for late summer into late autumn is a gradual increase in the Brown Pelican population until it reaches the highest densities in the state along our coastline. The rocks are densely covered by the two major species: cormorants and Brown Pelicans. After October 2012, all the rocks along Shell Beach were essentially void of sea birds.
Reports came in about the unprecedented numbers of Brown Pelicans in the Morro Bay Estuary and unusually high numbers of Brown Pelicans on the nearshore rocks in Cambria. Morro Rock was essentially void of Brown Pelicans. In Shell Beach, even the hardy — and to picnickers, pesky — sea gull population was noticeably reduced to very unusually low numbers.
The nearshore fishermen reported unusual occurrences since November 2010. These fishermen catch the fish and keep them in tanks for the live market. Never before have their fish died in the tanks in such abnormal numbers. Brian Stacy, Vice President, PSLCFA, stated, "The catch was down by 50% in Port San Luis, and there were behavioral issues as well – a lot of fish were found to be weak. The halibut trawlers catch dropped off to near nothing, and the hagfish fishermen were displaced as well and their catch was down 50% too. All of this happened after the ship performing the LESS showed up unannounced."
This observation parallels the disappeared Brown Pelicans, cormorants and other sea birds witnessed late August 2012 onward along the Shell Beach nearshore rocks and the missing pelicans, and probably other sea birds, on Morro Rock. A fisherman also reported lack of any sea life in early September off Point Purismo, south of Point Sal. Also, many residents reported seeing hundreds of dead birds washed up along the coast. Most observations were posted to: Facebook / StopTheDiabloCanyonSeismicTesting
Subsequent inquiries to the year before have uncovered unusual deaths of Brown Pelican youth in the Morro Bay Estuary in late winter 2011 / early spring of 2012. This unusual die-off followed the December 2011 through January 2012 LESS off Diablo and ON THE EDGE OF THE MPA. This suggests that LESS destroyed and chased away the fish the pelicans depended upon.
Sea Otter Study Without Proper Permit
We are seriously concerned about the PG&E funded southern sea otter study that is not permitted, as Elizabeth Devitt reports in the Monterey County Herald. "In advance of getting approval, PG&E funded the otter study to mitigate the impact on marine life in the area, said Mark Krausse, a company director."
"In October, 47 otters in the Morro Bay area were outfitted with VHF tags for daily monitoring, said Dr. Mike Murray, a veterinarian and sea otter specialist at Monterey Bay Aquarium." The VHF Radio the size of a cell phone, and the time-debth recorder the size of a roll of quarters were surgically implanted into each otter's abdominal cavity. The KCOY news video shows the surgical implantation and states the DFG and the U.S. Geological Survey will continue this research study for 1 to 3 years to gain new information. (See: KCOY Santa Maria, Santa Barbara, San Luis Obispo - News)
Steve Shimek, of the Sea Otter Project, commented to the CCC that he was astounded that mitigation for a Level B take (harassment) is a Level A Take (injury or death). Mr. Shimek emphasized, "monitoring should not be used to document damage; monitoring should be used to prevent damage."
Conclusion
The concerns we have discussed warrant investigation of the Less Surveys 2009-2012, and re-evaluation of the LESS geophysical seismic survey permits issued by the CSLC. Fugro's compliance with the required mitigations such as mammal monitors, communication with fishermen, and payment to fishermen need to be investigated. Also, the damage to the marine web-of-life needs to be investigated and mitigated or restored.
The local community, regional, state, national, and international response continues to inspire and motivate us for further healthy ocean efforts. Bringing together fishermen, surfers, civic leaders, and environmental activists worldwide continues to be crucial in assisting each other with this common threat to our healthy ocean.
Our heartfelt appreciation goes to tens of thousands of our readers, interested individuals (local, regional, state, national and international), local governments, businesses, private organizations, and others who helped stop seismic testing off California's central coast. Below is a partial list those who have our sincere gratitude.
Over 50,600 concerned interested individuals,
Northern Chumash Tribal Council, Ocean Conservancy,
Coastal Band of the Chumash Nation, Oceana,
National Resource Defense Council, Heal the Bay,
Surfrider Foundation and San Luis Obispo Chapter,
Sierra Club California and Santa Lucia Chapter, SLO Green Party,
Port San Luis Commercial Fishermen's Organization,
Seventh Generation Fund for Indian Development,
California Central Coast Marine Sanctuary Alliance,
California Coastal Protection Network, The Otter Project
Pacific Coast Federation of Fishermen's Association
Morro Bay Commercial Fishermen's Organization,
COAST (Citizens Opposing Acoustic Seismic Testing),
Stop Diablo Seismic Testing Facebook Family, Greenpeace,
Morro Bay Chamber of Commerce, City of Morro Bay
Polynesian Kingdom of Atooi-Hawaiian Kingdom,
Cambria Fishing Club, Morro Bay Liveaboard Association,
Stop Diablo Seismic Testing Facebook Family, Greenpeace,
Los Osos Community Services District, Landwatch of SLO County
Coastwalk California, Eco-SLO , Save the Seas, Safe Beach Now
California Gray Whale Coalition, Sea Shepard, Save the Whales,
Lindy Weilgart, PH.D, Dalhousie University, Halifax, Nova Scotia, Canada
Chairman David Levy of Marinet, Friends of the Earth, U.K.,
Sue Arnold, CEO, California Gray Whale Coalition
Whales need US (a coalition: Animal Welfare Institute, Blue Voice, Cetacean Society International, Earth Island Institute, Environmental Investigation Agency, Fluke Foundation, Greenpeace USA, Green Vegans, The Humane Society of the United States, Nantucket Marine Mammal Conservation Program, Origami Whales Project, Pacific Whale Foundation, The Whaleman Foundation, Whale and Dolphin Conservation Society, Oceans and Wildlife World Society for the Protection of Animals USA)
A Victory of Seismic Proportions
Read Jon-Edward Reid's "Seismic Matters: Stop Seismic Testing," published November 21, 2012 by Bob Banner's Hope Dance to feel the experience of the CCC November 14, 2012 meeting.
