Scientific Collecting Permits in California

Central Coast Seismic Imaging Project Pacific Gas and Electric Company Scientific Collecting Permit Presentation to the Fish and Game Commission September 24, 2012 Brian Owens, Marine Region September 24, 2012 DFG Archives

Overview General review of Scientific Collecting Permit (SCP) Reasons Pacific Gas and Electric Company (PG&E) require an SCP PG&E SCP conditions

Authority and Purpose for SCPs Under Fish and Game Code (FGC) 1002 and California Code of Regulations (CCR), Title 14 650: The Department is responsible for issuing SCPs subject to restrictions and regulations that the Commission determines are desirable [FGC 1002(a) and CCR, Title 14, 650 (a)(1)&(b)] SCP are issued to scientific research involving take [CCR, Title 14, 650] The Department may amend the conditions of the SCP at any time [CCR, Title 14, 650 (a)(3)].

SCP Process: Justification Requirements Applicants are required to justify their projects by providing the following information: Purpose of study Species and Quantities Locations (include MPA justification) Methods Disposition (fate of specimen)

SCP Purpose and Limitations What an SCP does: Allows the take of wildlife and plants for bona fide scientific, education, or propagation purposes [CCR, Title 14, 650] What a SCP does not do: Act as a tool for mitigation Authorize the take of California Endangered Species Act listed species or fully protected species Eliminate the need to obtain any other relevant permits from city/county/state/federal agencies

SCP Determination for PG&E Two regulatory definitions: Take means to/or attempt to hunt, pursue, catch, capture or kill (FGC 86) State Marine Reserve (SMR) or State Marine Conservation Area (SMCA): .it is unlawful to injure, damage, take, or possess any living, geological, or cultural marine resource, except under a scientific collecting permit . [CCR Title 14, 650(a)(1)(A) and (B) and Marine Managed Areas Improvement Act 36710(a) and (C)]

PG&E Scientific Collecting Permit SCP will be issued as an Entity Permit pursuant to FGC 1002.5 SCP authorizes: Incidental take of benthic organisms from geophones (invertebrates and algae) Incidental take of larval and juvenile fish affected by sound waves Only MPAs authorized: Point Buchon SMR and SMCA Project must occur between Nov. 1 and Dec. 31, 2012 and 2013

PG&E Scientific Collecting Permit SCP does not authorize: Take of adult fishes Take of fully protected species (otters/marine mammals and birds) and California Endangered Species Act species Placement of geophones must be monitored to avoid sensitive habitats and species (e.g., abalone) All equipment must be removed Survey to examine post-geophone removal Fish monitoring plan must be included with SCP

Conditions of PG&E SCP A Department approved fish biologist must be present to observe for fish mortality One observer on a support vessel and one on the ROV vessel Independent observers will monitor for any damage to marine life, particularly adult fishes. Observers will report back to the Department immediately should damages occur Examinations must be performed on any dead adult fish; salvaging adult fish will be authorized

Summary PG&E will be receiving an SCP because take is expected to occur The SCP will allow some take while prohibiting take of sensitive species There are many conditions in the SCP including the requirement for an independent fish observer FYI: Current permit has some changes from version in briefing binders This SCP will not be issued until the other Agency permits are issued.

Thank you Brian Owens Department of Fish and Game Marine Region bowens@dfg.ca.gov DFG Archives

END