Cal. Code Regs. Tit. 14, § 225 - Use of Explosives in State Waters

Explosives may not be used in the waters of this state inhabited by fish except under a permit issued by the department pursuant to the provisions of this section. The permit fee shall be $100.

(a) Requests for permits to use explosives in state waters shall be made to the department. Requests for renewal, supplemental action, or amendments shall be made to the department.

(b) Permits shall be issued in such a manner as will result in a minimum destruction to marine life and fisheries.

(c) No explosives shall be used for seismic exploration except the following:

(1) Deflagrating explosives, such as black powder, or any other "low" explosive which in the opinion of the department is equivalent to it. For exploding black powder, no more than one (1) electric blasting cap and one (1) length of detonating fuse not to exceed six (6) feet in length or of greater strength than fifty (50) grains of explosive per foot, shall be used for each container. Means for exploding deflagrating explosives other than black powder are subject to approval of the department. The amount of deflagrating explosives to be used at each shot point shall not exceed ninety (90) pounds.

(2) Detonating explosives, such as nitro-carbo-nitrate, or any other "high" explosive which in the opinion of the department is equivalent to it. For exploding detonating explosives of the nitro-carbo-nitrate type, no more than one (1) electric blasting cap and one (1) commercial booster shall be used for each container. Means for exploding detonating explosives other than nitro-carbo-nitrate are subject to approval of the department.

The amount of detonating explosives to be used at each shot point in waters of less than two hundred (200) feet in depth shall not exceed five (5) pounds. The amount of detonating explosives to be used at each shot point in waters of greater depth than two hundred (200) feet shall not exceed twenty (20) pounds.

No unjetted explosive charges shall be detonated within one-half ( 1/2) mile of any breakwater, jetty, pier, or anchored fishing boat or barge. No explosive charges shall be detonated in a kelp bed as designated by the department observer or within three hundred (300) feet of the fringe thereof, or within one-half ( 1/2) mile of the mouth of any stream when the department observer finds that a concentration of fish may be endangered.

(d) An employee of the Department of Fish and Game shall accompany the boat or crew which is conducting the seismic exploratory work. This observer shall have the authority to stop operations in any given area if, in his opinion, undue damage to marine life occurs, or to stop temporarily or slow up operations until the observer can clearly determine the amount of animals killed. Operations also may be temporarily suspended when in opinion of observer, after consultation with party chief, it is determined that weather conditions make further operations unsafe for personnel and equipment or when equipment breakdowns result in unsatisfactory observations of marine life.

A boat and crew, satisfactory to the department, shall be provided for the observer at all times and during operations shall not be used for any other purpose. One of the crew members must be competent in the operation of the communication and fish-detecting devices described below. Radio-telephone communications between the observer boat and the operating boat shall be maintained at all times when explosives are being detonated. A recording depth-indicator and a modern-type of sonar or fish-detecting device satisfactory to the department shall be provided for the observer boat. The observer boat shall carry, and the crew shall help operate such gear and equipment for determining damage to marine life as the observer shall furnish, and permittee shall meet any expense of gear rental or operation that may be incurred. The observer boat and all equipment, including communication and fish-detecting devices, must be kept in good working condition at all times.

(e) The applicant of a permit for seismic exploration shall defray the cost of such observer's services and all administrative and incidental costs by payment to the Department of Fish and Game, Sacramento, California, for the benefit of the Fish and Game Preservation Fund the minimum deposit of seven hundred fifty dollars ($750) per survey crew for each month for which a permit is requested, said month commencing the date on which said permit becomes effective, whether operations are commenced on that date or not. A similar minimum deposit of seven hundred fifty dollars ($750) per month shall be made fifteen (15) days prior to the addition of every crew not specified in original application for permit.

This sum shall be paid as follows:

(1) The minimum payment due prior to issuance or a renewal of a permit shall be seven hundred fifty dollars ($750) for each month or fraction of a month covered by the permit, and shall accompany the application.

(2) Expenses as they accrue to the department shall be charged against this minimum deposit.

(3) At the expiration of the permit, the cancellation of operations, or the denial of the application, any sum remaining over and above those expenses incurred by the department shall be refunded within thirty (30) days.

(4) Any expenses incurred by the department in connection with the permit over and above the minimum deposits shall be due and payable upon billing by the department.

(5) Any temporary cessation of seismic operations of thirty (30) days or less shall be considered as an expense to the department in the amount of the observer's monthly salary and associated administrative costs.

(f) Before beginning any day's seismic exploration operations, permission to detonate must be obtained from the observer and such permission must also be obtained during the day if the observer has temporarily stopped work due to excessive damage to marine life.

(g) All fish of edible size which may be killed during seismic exploration operations shall be picked up by the operating crew, and arrangements made by the permittee for their disposal subject to approval of the department. If sold any money received from such sale shall be paid into the Fish and Game Preservation Fund. When in the judgment of the observer an excessive amount of fish has been killed and washed onto any shore in such quantities as to endanger public health or create a nuisance, the permittee shall immediately gather up and dispose of such fish in a manner satisfactory to the observer.

(h) Anyone applying for or holding a permit for seismic exploration shall notify the Sacramento Headquarters Office of the Department of Fish and Game, or the office designated in the permit, in writing not less than fifteen (15) days before beginning operations or before adding a survey crew, and not less than five (5) days before transferring a crew between permits held by the same permittee. Notification of intention to terminate operations or to suspend operations more than thirty (30) days shall also be given in writing not less than fifteen (15) days in advance of such termination. Copies of all notices and reports shall be sent to the Sacramento Headquarters Office. At least twenty-four (24) hours before commencing operations within three (3) miles of shore, or in any new area whose boundaries shall be defined in the permit, where he has not operated during the preceding one (1) month, the permittee shall discuss the forthcoming operations with the department at Sacramento Headquarters or other office as designated in the permit.

(i) On the fifteenth and last days of each month of seismic operation, the permittee shall submit a report of dates, location, and number of detonations made in the preceding period. A report shall be submitted for each permit for each half-month period whether operations were actually conducted or not. The report shall include the species and weight of edible fish disposed of, as provided in paragraph (g), and the name of the recipient. Reports shall be submitted in duplicate in the manner provided for above in (h).

(j) All permits for seismic exploration shall be issued for a period of not to exceed six (6) months, but may be renewed from time to time thereafter, for such periods not to exceed six (6) months at a time, as the department may approve. Separate permits are required for:

(1) the ocean waters;

(2) each inland water operation regardless of location.

(k) Every permittee shall post a copy of said permit for seismic exploration in a conspicuous place aboard the main survey vessel where it can be inspected by the observer and survey crew at any time.

(l) No permit granted pursuant to these regulations for seismic exploration shall be valid or exercised unless at the same time the permittee has a permit in full force and effect issued by the State Lands Commission of California and authorizing such seismic operations.

(m) Any permit issued pursuant to these regulations for seismic exploration may be canceled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.

(n) A permit to use explosives in state waters inhabited by fish for other than seismic exploration shall be issued under the following conditions to ensure that the state's aquatic resources are protected (the granting or denial of a permit may be appealed pursuant to section 5500 of the Fish and Game Code):

(1) The permittee shall abide by all terms and conditions as set forth in the permit.

(2) The department may require that a department observer be present during the use of explosives in state waters. The permittee shall, at the department's request, reimburse the department for expenses incurred for an observer including, but not limited to, time, mileage and other expenses, at a rate to be determined by the department. Reimbursement to be paid into the Fish and Game Preservation Fund.

(3) The permittee may be required to provide a boat, operator and fish detecting instruments.

(4) An observer may, when there is a threat to the resource, cancel or delay the use of explosives in state waters.

Notes

Cal. Code Regs. Tit. 14, § 225

1. Renumbered from former section 751 (Register 59, No. 9). For history of former section, see Register 57, No. 9.
2. Amendment filed 2-2-61; effective thirtieth day thereafter (Register 61, No. 3).
3. Amendment filed 1-26-62; effective thirtieth day thereafter (Register 62, No. 2).
4. Amendment filed 7-5-62; effective thirtieth day thereafter (Register 62, No. 13).
5. Renumbering of chapter 6 to chapter 8 filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
6. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
7. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Amendment filed 11-13-86; effective thirtieth day thereafter (Register 86, No. 46).
9. Amendment of undesignated introductory paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).

Note: Authority cited and Reference: Section 5500, Fish and Game Code.

1. Renumbered from former section 751 (Register 59, No. 9). For history of former section, see Register 57, No. 9.
2. Amendment filed 2-2-61; effective thirtieth day thereafter (Register 61, No. 3).
3. Amendment filed 1-26-62; effective thirtieth day thereafter (Register 62, No. 2).
4. Amendment filed 7-5-62; effective thirtieth day thereafter (Register 62, No. 13).
5. Renumbering of chapter 6 to chapter 8 filed 1-16-74; designated effective 3-1-74 (Register 74, No. 3).
6. Amendment of NOTE filed 10-5-81; effective thirtieth day thereafter (Register 81, No. 41).
7. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
8. Amendment filed 11-13-86; effective thirtieth day thereafter (Register 86, No. 46).
9. Amendment of undesignated introductory paragraph filed 4-18-91; operative 5-18-91 (Register 91, No. 21).