Needed Actions by California State Lands Commission:
Suspend all Geophysical Survey Permits
Investigate PG&E's Five Years of Seismic Testing
Investigate Geophysical Survey Permit Program
by Carol Georgi and Karl Kempton,
Former Energy Planner for San Luis Obispo County,
Lead Author of Proposed Central Coast National Marine Sanctuary, 1990"
Preface
We ask for immediate suspension of all geophysical survey permits.
For public safety, all California State Lands Commission (CSLC) geophysical survey permits (GSP) need to be immediately suspended. Human safety needs to be the priority. CSLC does not consider potential physical harm people could receive if decibles (dB) are over 145 dB when recreating in the nearshore ocean. We wonder, has anyone recreating in the ocean during the surveys received physical harm or died?
Our research found geophysical surveys that produced 232 dB in Hueneme, and 216 dB offshore in San Luis Obispo County. The CSLC general geophysical permit requires dB to be listed, but does not print dB on the permit or consider the potential for human harm. The CSLC places the unknowing public at risk of bodily injuries and death from pressure waves forced through their bodies while recreating in the ocean.
We ask for a full investigation of PG&E's five years of Low Energy Seismic Surveys (LESS) — 2008 through 2012 offshore SLO County.
PG&E's five years of LESS need to be studied to determine the biological impacts to the marine life. The local nearshore fishermen report 50% loss of fish catch, yet both PG&E and its contractor, Fugro, refuse to mitigate the fishermen.
Survey boat logs, mammal monitor reports, permits, dates and locations of actual surveys need to be studied to determine possible violations and omissions by PG&E, Fugro, and CSLC.
We ask for an investigation of the CSLC Geophysical Survey Permit Program.
The CSLC decided to take on the role of Lead Agency for issuing GSPs. They issued the permits to Fugro for the LESS project, and they exempted the project from the California Environmental Quality Act (CEQA) stating that LESS was not a project under CEQA. CSLC has been relying on the less than two kilojoules (kj) of energy distinction apparently for several decades, issuing permits for these types of projects, and exempting them from CEQA.
We ask the CSLC to include the California Coastal Commission (CCC) in their update of the Geophysical Survey Permit Program (GSPP). Our research indicates the GSPP may have violated the California Coastal Act.
CSLC was given $220,000 from the Oceanic Protection Council in August 2011 for an update of the GSPP because scientific studies suggest LESS could impact marine life. However, CSLC is not considering impacts to humans, as described in the "Modernization of the California State Lands Commission's Offshore Geophysical Permit Program."
Introduction
Since our December Slo Coast Journal article, we learned LESS began in 2008, giving this nearshore ocean area five years of LESS. We worked with Brian Stacy, Vice President of the Port San Luis Commercial Fishermen's Association (PSLCFA), to find the permits and impacts to marine life.
Both PG&E and its contractor, Fugro, have denied mitigation to the local nearshore fishermen. Learn more about Brian Stacy in Nick Powell's article, "Fishing unfriendly waters," New Times.
San Luis Obispo County has 93 miles of open coastline and many people recreate in the nearshore ocean. These ocean areas are also of national and international significance and were nominated for a national marine sanctuary in 1990. Of special significance is the only persistent year round upwelling along California's coast that feeds the migrating mammals, fish, and birds. Please refer to these 2010 issues for full description of the six core areas:
(Clicking on any image below will open a new browser window showing all of the maps in larger sizes.)
Slo Coast Journal Marine Sanctuary Article, September, 2010
SLO Coast Journal Marine Sanctuary Article, October, 2010
Nearshore Habitat
SLO Coast Journal Marine Sanctuary Article, November, 2010
Commercial and Recreational Fishery
We are concerned blasting 216 dB or more without proper mitigation has killed and damaged the marine web-of-life, the nearshore fishermen's livelihoods, and the coastal economies. We are seriously concerned blasting with 216 dB has put people in danger of physical injury. The Navy standard for adult divers is to receive no more than 145 dB, according to testimony given at the CCC hearing November 14, 2012. No warnings were given to divers, swimmers, or surfers during these LESS surveys. For more information please see the December issue of the SLO Coast Journal.
This article has four main sections:
1) CSLC General Geophysical Survey Permit
2) Possible Violations and Omissions by PG&E and Fugro
3) Description of each survey with maps composed by Karl Kempton
4) Discussion of Kilojoules and Decibels
1) CSLC General Geophysical Survey Permit (GSP)
Fugro Request for CSLC one-year GSP, October 1, 2010 to September 30, 2011
The General Permit request (page one) states the CSLC is issuing one year permits because their staff is recommending that it needs time to review the recently published studies indicating a potential for impacts on fish, marine mammals, and marine reptiles. This statement is also on the 2009 permit request — six years ago. There is no mention of the impacts to humans.
The General Permit (page three) states the mitigated negative declaration (CSLC ND. 358) was adopted May 24, 1984. The CEQA process was done in 1984, and not updated to include marine sanctuaries, marine protected areas, Rockfish Conservation Areas, or the Marine Life Protection Act (MLPA).
The General Permit request also states the October 5, 1987 CSLC decision on LESS, and that certain equipment would not have a significant effect on the environment. CSLC approved the issuance of permits that provided for the use of equipment that has no more than two kilojoules of energy input. The permits are based on energy levels, not frequency and sound pressure levels. Decibels are not considered.
Example of a Fugro GSP
Each GSP is sent to the harbors a couple of weeks before the survey begins, and the harbor master, fishermen, and public have no idea of the possible dangerous conditions because dB are not stated on the permit, there is no environmental review, and no warning to people recreating in the water.
A map of survey area is required with the permit.
Maps need to be updated to include marine protected areas and other concerns of the California Department of Fish and Game.
2) Possible Violations and Omissions by PG&E and Fugro General Permit to Conduct Geophysical Surveys
The General Permit states the conditions the permitee must fulfill. Using these conditions, we suggest PG&E and Fugro have violations and omissions. Some of the omissions may be the responsibility of the CSLC's mismanagement of the geophysical survey permit policy.
There are five categories of conditions to the permits. We have discovered that there are violations and omissions on all of Fugro's surveys' permits.
A) Equipment/Survey Methods
B) Operations
C) Notification Procedure
D) Third Party Damage Claims
E) Authorized Equipment & Survey Methods
Fugro's Violations and Omissions on permits sent to Harbor Masters
A) Equipment/Survey Methods (p. 2, #4 of permit instructions)
Fugro did not have these items on their geophysical permits.
1. Specific make and model of all such equipment
2. All specifications regarding decibel levels (dB re 1 microPa) and
3. Frequencies (Hz, KHz) emitted by that equipment
4. Length of time the equipment would operate
B) Operations (p. 3, #6 of permit instructions)
Fugro did not conduct all activities with due regard for:
1. The preservation of the property covered by this permit
2. Potential environmental impacts
3. Peak fishing seasons
4. With due caution of minimize damage to third parties
5. On the first day of each survey, Fugro did not use a boat to scout the area to be covered within the first 24 hours of operations for the purpose of searching for and avoiding potential conflicts with commercial fishing activities or equipment.
C) Notification Procedure (p. 3, #8 of permit instructions)
Fugro did not notify the commercial fishermen's groups, fuel docks, gear stores, and other interested parties. This omission may have been caused by the CSLC incomplete and outdated mailing list without updates and emails, even though updates have been provided. CSLC staff refused to update addresses when current ones were offered to them. "Fugro refused when they were offered to them," according to Brian Stacy.
The Region II List needs to be updated to include:
Notify Chumash---all Native American Nations
Northern Chumash Tribal Council
67 South Street
San Luis Obispo, CA 93401
Email:
Government Offices and Universities
Tom Moylan, Pier Facility Operations Manager/Boating Safety Officer
Center for Coastal Marine Sciences
College of Science and Math
University of California, Cal Poly
1 Grand Avenue
San Luis Obispo, CA 93407
Email
County of San Luis Obispo, Environmental Health Services
2156 Sierra Way
San Luis Obispo, CA 93401
Email – ehs@co.slo.ca.us
Commercial Fishermen and Fishing Organizations
Port San Luis Commercial Fishermen's Association
P.O.Box 513
Avila Beach, CA 93424
Morro Bay Commercial Fishermen's Organization
1622 Embarcadero
Morro Bay, CA 93442
D) Third Party Damage Claims (p. 6, #10 of permit instructions)
There is no evidence that PG&E and Fugro had the required agreement for displacement and gear loss with local fishermen, and they failed to have a liaison to fishermen. We question mammal observors and scouting boats for fishing gear were provided.
PG&E and Fugro have not made a good-faith effort to settle all claims brought by third parties for damages resulting from LESS in 2010, 2011, and 2012.
E) Authorized Equipment and Survey Methods, (Exhibit B of permit instructions)
Fugro's permit listed equipment that is not on the "Authorized Equipment and Survey Methods" Exhibit B list.
Seismic Reflection System
Low Energy 3D geophysical survey
3) Description of each survey with maps composed by Karl Kempton
Low Energy Seismic Surveys (LESS) off San Luis Obispo County
Marine Wildlife Contingency Plan (MWCP)
PG&E---USGS 2008 , 2009,
Five years of LESS began with a collaborative agreement, CRADA,
between PG&E and USGS, with USGS performing the surveys in 2008 and 2009.
Overview USGS
Blast of USGS LESS 2008 & 2009
1) Permit date 5/27/2008 – USGS – have GSP and map – need MWCP
State Permit #PRC 8394, Region II
Survey date – June 9 to July 1, 2008---Point Buchon and Gaviota
R/V Snavely – Captain Jamie Grover – – High Resolution Seismic Survey
Seismic Equipment – SIG 2 mile sparker, Edge Tech SB-5121 sub-bottom profiler
Length of cable tow – 10 meters
Violations: Equipment's Decibels & Frequencies not on permit, No notice to commercial fishermen's groups
2) Permit date 6/25/2009 – USWGS – have GSP and map – need MWCP
State Permit #PRC 8394, Region II
Survey date - July 14 to August 8, 2009 – Point Buchon and Gaviota
R/V Snavely – # NA – Capt. Jamie Grover – – High Resolution Seismic Survey
Seismic equip. – SIG 2 mille sparker, Edge Tech SB-5121 sub-bottom profiler
Length of cable tow – 10 meters
Violations: Equipment's Decibels & Frequencies not on permit, No notice to commercial fishermen's groups
PG&E contracting to Fugro West 2010, 2011, 2012
PG&E hired Fugro to perform the low energy surveys beginning in 2010 through 2012. Fugro received the general geophysical permit from CA State Lands Commission (CSLC).
Overview October 2010-January 2012
Blast October 2010-March 2011
3) Permit date 10/4/2010 – Fugr – have GSP and map – need MWCP
State Permit PRC 8392, Region II
Survey date – Oct. 20 to Dec. 31, 2010 – Offshore San Luis Obispo County
M/V Michael UHL – #545092 – Capt. Frank Loving
Seismic Equipment – Seismic Reflection System
Length of cable tow – 600 feet
PG&E states in their 9-28-2012 Expanded Project Description:
"The first phase of low energy 3D seismic survey was conducted offshore DCPP by PG&E between November 2010 and January 2011." This is similar to the 2011-2012 3D low energy survey that used at least 210-216 dB.
4) Permit date 12/27/2010 – Fugro – have GSP and map – need MWCP
State Permit PRC 8392, Region II
Survey date – Jan. 6 to March 30, 2011 – Offshore San Luis Obispo County
M/V Michael UHL – #545092 – Capt. Frank Loving
Seismic Equipment – Seismic Reflection System
Length of cable tow – 600 feet
3D low energy survey that used at least 210-216 dB
Violations: Specific seismic equipment not on permit, Equipment's Decibels & Frequencies not on permit, No notice to commercial fishermen's groups
*Missing: Permit for April or May 2011 – Michael Uhl – Fugro
Salmon fishing displacement Need: GSP, map, and MWCP
2011- Michael Uhl working off of Point Buchon and displacing the salmon fishing boats.
This is similar to the above 3D low energy survey that used at least 210-216 dB.
Violations: no notice to commercial fishermen's groups
*Missing: Permit September 2011 Michael Uhl – Fugro
have the MWCP & map – need GSP
Location: San Simeon to Cayucos Pt.,
Violations: no notice to commercial fishermen's groups
2011-9 MWCP concurrence request from PG&E to F&G for 2D survey San Simeon Pt. to Cayucos Pt. 210-216 decibels---high resolution
Impacts to marine life occurred because the decibels were 216 dB, according to the Concurrence Request for PG&E's High Resolution 2D Seismic Data Collection Survey, San Simeon Point to Cayucos Point
Violations: no notice to commercial fishermen's groups
September 2011 LESS Map
5) Permit date – 11/15/2011 – Furgo--have GSP and map – need MWCP
State Permit PRC 8392, Region II
Survey date - December 1, 2011 to January 15, 2012 – Offshore Point Buchon
M/V Michael Uhl – #545092 – Capt. Frank Loving
Equip. used---Underwater video from a remotely operated vehicle (ROV)
Length of cable tow – ROV Umbilical length about 500 feet
Violations: Specific seismic equipment not on permit, Equipment's Decibels & Frequencies not on permit, No notice to commercial fishermen's groups
Blast December 2011 - January 2012
6) Permit date – 11/15/2011 – Fugro – have GSP, map, and MWCP
State Permit PRC 8392, Region II
Survey date – December 4, 2011 to January 30, 2012 – Avila Bay
M/V Bluefin---#620431---Capt. Mark Fenner
Equip. used – "Low energy 3D geophysical survey"—no list of equipment
Length of tow---500 feet
High-resolution 3D marine survey, 10 square kilometers near Point Buchon
210 – 216 dB – listed in Marine Wildlife Contingency Plan Nov., 2011
Violations: Specific seismic equipment not on permit, Equipment's Decibels and Frequencies not on permit, no notice to commercial fishermen's groups
Overview July 20 – August 8, 2012
Blast July 20 - August 8, 2012
7) Permit date – 7/18/2012 – USGS – have SGP and map – need MWCP
State Permit #PRC 8394, Region II
Survey date – July 30 – Aug 8, 2012 – Outer Estero Bay, Morro Bay
R/V Parke Snavely – USGS-2001279 – Capt. Pete Dal Ferro
Equipment used – Reson 7111 Multibeam Echo Sounder
Violations: Equipment's Decibels and Frequencies not on permit, No notice to commercial fishermen's groups
Overview August 20 - November 20, 2012
Blast August – November 2012
8) Permit date – 8/1/2012---Fugro – have GSP and map – need MWCP
State Permit PRC 8392, Region II
Survey date - Aug 20 – Nov 20, 2012---Estero Bay to Point Sal
M/V Pacific Star – #556510 – Capt. Neal Forde
Equip. used – "Low Energy 3D Geophysical Survey" – no list of equipment
Length of cable tow – 500 feet
Violations: Specific seismic equipment not on permit, Equipment's Decibels and Frequencies not on permit, no notice to commercial fishermen's groups
Overview Nov 5 – November 15, 2012
9) Permit date – 10/15/2012---Fugro--have GSP and map – need MWCP
State Permit PRC 8392, Region II
Nov 5 – Nov 16, 2012 – Estero Bay
M/V Chinook – AK 8018 AG – Capt. Scott Cross
Equip. used – Multibeam and Side Scan Sonar
Length of cable tow – 500 feet
Violations: Specific seismic equipment not on permit, Equipment's Decibels and Frequencies not on permit, no notice to commercial fishermen's groups
Map Composite Survey Map 2008, 2009, 2010, 2011, 2012
Composite Blast 2008, 2009, 2010, 2011, 2012
4) Discussion of Kilojoules and Decibels
Kilojoules (kj) is an energy unit. California State Lands Commission (CSLC) uses kj for measuring the amount of energy seismic equipment uses to force sound into the ocean. CSLC geophysical permits for Low Energy Seismic Surveys (LESS) are issued to surveys that use equipment that has no more than 2 kj of source energy input.
Decibels (dB) is a ratio of 2 pressure units, not an energy unit. Decibels are the basis for the standards used by the National Oceanic and Atmospheric Administration National Fisheries Service in their studies for potential impacts of seismic surveys on fish, marine mammals, and marine reptiles. Decibels are used to measure the intensity of a sound pressure wave created by source power output in water.
CSLC does not consider frequency and source output sound pressure levels (Decibels) in their geophysical survey permits.
Forcing sound into the ocean creates a pressure wave that could have potential impacts to marine life and humans recreating in the water if their received decibel levels are above their bodies' tolerance. For human adults, the Navy has determined 145 dB is the tolerance level.
Not considering the human impacts from received 145dB and higher pressure waves, the CSLC places the unknowing public at risk of bodily injuries and death from pressure waves forced through their bodies while recreating in the ocean.
Conclusion
Our research supports the following:
1) Suspension of all Geophysical Survey Permits for Public Safety
2) Investigation of PG&E's Five Years of Seismic Testing off SLO County
3) Investigation of CSLC Geophysical Survey Permit Program
PG&E's and Fugro's noncompliance with the required mitigations needs to be investigated. Possible violations and omissions may include: mammal monitors, scout boats, communication with fishermen, agreements and payment to fishermen for lost catch and displacement.
Specific seismic equipment not on permit
Equipment's Decibels and Frequencies not on permit
No notice to commercial fishermen's groups
Damage to California's coastal resources need to be investigated.
What marine damage has occurred, how can it be mitigated or restored? How can marine damage be prevented?
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.
"The lack of a CEQA process to identify the potential impacts and need for baseline data collection prior to these surveys leaves us with a difficult task to identify the damage done to fisheries and other resources. This may have been intentional," according to Brian Stacy.
On December 27, 2012, Brian Stacey announced his resignation as Vice President of PSLCFA in his Opinion and Story, "PG&E’s alleged broken promises prompt resignation," CalCoastNews.com.
