§ 2100.07. Pre-Survey Requirements, Survey Operations, and Post-Survey Requirements.
2 CA ADC § 2100.07Barclays Official California Code of Regulations
2 CCR § 2100.07
§ 2100.07. Pre-Survey Requirements, Survey Operations, and Post-Survey Requirements.
(4) Permits or Authorizations from Federal, State, and Local Agencies: The Permittee shall obtain any permits or authorizations from other federal, state, and local agencies as are necessary. For proposed operations in Marine Protected Areas, the Permittee shall coordinate with the Commission, CDFW, and any other permitting agencies having jurisdiction regarding such operations prior to commencing survey activities.
(5) Pre-Survey Notification Package: The Permittee shall complete and electronically submit the following to the Commission, by email at [email protected], subject to section 2100.08.
(B) Survey Location: The Permittee shall provide a navigation chart of the survey area, including survey track lines, as well as the coordinates or a shapefile for the proposed survey track lines. The bounding coordinates for the survey area are acceptable if the track lines are not known. All coordinates shall be submitted in decimal degrees.
(C) MWM Qualifications: The résumés of proposed MWMs shall be submitted by the Permittee to the Commission. MWM's must have expertise and prior experience conducting the monitoring requirements in (b)(5) of this section. Depending on the type of equipment used and its operational frequency, the number of required MWMs on a vessel will vary:
b. The Commission shall evaluate such petitions on a case-by-case basis and consider factors including the equipment type, frequency, and source level; timing, type, and location of the survey; the size of the survey vessel and availability of alternate vessels; and the ability to effectively implement the marine mammal and reptile mitigation measures. An alternative to the MWM requirements must ensure the ability to monitor operations consistent with (b)(5) of this section.
3. To calculate the size of the safety zone, the Permittee shall use the spherical spreading loss model (20 Log (R), where R is the distance from the source divided by the reference distance (1 meter)), except for where the water depth is less than 1 wavelength of the predominant sound energy of the active sound source or less than 3 meters, when the intermediate spreading loss model (15 Log (R)) shall be used.
(7) Geophysical Survey Series: If a geophysical survey is part of a larger series of surveys within a defined survey area, the Permittee may, to avoid submitting multiple Pre-Survey Notification Packages to the Commission, provide a single notice to all parties listed in section 2100.08, including all potential survey dates/windows up to 1 year from the original notice date. This notice must be submitted no less than 21 calendar days prior to the commencement of the first geophysical survey in the survey series. For every geophysical survey within the survey series that occurs thereafter, the Permittee shall notify the Commission by email at [email protected] prior to the survey.
(A) Maintain all equipment in proper tune according to the manufacturers' specifications; fuel all portable diesel-powered equipment with California Air Resources Board (CARB)-certified motor vehicle diesel fuel limiting sulfur content to 15 parts per million or less (i.e., CARB Diesel Fuel); and operate equipment in conformance with county air quality guidelines.
(3) MWMs: Approved MWMs shall be aboard the survey vessel to visually monitor for marine wildlife during transit and data collection activities. All visual monitoring shall occur from the highest practical vantage point aboard the survey vessel; binoculars shall be used to observe the surrounding area, as appropriate.
(5) Safety Zone Monitoring: If geophysical equipment is operated at a frequency < 200 kHz, MWMs aboard the survey vessel shall monitor an area (i.e., safety or exclusion zone) based on the equipment operated, centered on the sound source. The model that shall be used by the Permittee to calculate the safety zone is provided in (a)(5)(D) of this section.
(C) During periods of limited visibility (e.g., fog, rain), MWMs shall have the authority to shut down geophysical equipment if the safety zone and immediate vicinity cannot be observed. Periodic reevaluation of weather conditions and the reassessment of the cessation recommendation shall be completed by the MWMs.
(D) If geophysical equipment is shut down, the equipment shall not be restarted or ramped up to full power until the marine mammal or sea turtle is observed outside of the safety zone or has not been observed for 15 minutes. Geophysical equipment shall not be ramped up from a shut down if the safety zone cannot be observed.
(B) A soft-start procedure (i.e., ramp-up procedure) shall be used for all acoustic-generating geophysical equipment capable of adjusting energy levels. The Permittee shall implement the soft-start procedure at the beginning of survey activities each day or following a shutdown to allow any marine mammal that may be in the immediate area to leave before the sound source reaches full energy. Each piece of equipment shall be initiated at the lowest practical sound level, increasing output in such a manner as to increase in steps not exceeding approximately 6 decibels per 5-minute period. For surveys requiring a safety zone to be monitored, a soft-start shall not be initiated if the safety zone cannot be adequately monitored (e.g., due to inclement weather) by the MWM(s).
(B) After a collision, the vessel shall stop, if safe to do so; however, the vessel is not obligated to stand by and may proceed after confirming that doing so will not further injure the animal. The vessel will then immediately communicate by radio or telephone all details of the incident to the vessel's base of operations. The vessel's base of operations will then immediately call the NOAA Stranding Coordinator to report the collision and follow any subsequent instructions. The captain onboard the vessel may also contact the NOAA Stranding Coordinator directly if an on-board telephone is available. The vessel's base of operations shall also call CDFW and the Commission within 24 hours of the collision to notify them of the incident.
(2) The Permittee shall make available to the Commission, upon request, factual and physical survey results, logs, records, field acquired data, processed records or any other data/information resulting from operations under this permit. The Commission shall treat any information marked confidential as such, to the extent permitted by law.
Credits
Note: Authority cited: Sections 6108 and 6212.3, Public Resources Code. Reference: Sections 6212.3 and 6826, Public Resources Code.
History
1. New section filed 11-13-2019; operative 1-1-2020 (Register 2019, No. 46).
This database is current through 3/15/24 Register 2024, No. 11.
Cal. Admin. Code tit. 2, § 2100.07, 2 CA ADC § 2100.07
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