Cousteau on seismic testing

I had the privilege of reading this statement at the October 30 meeting of the San Luis Obispo County Supervisors' meeting:

 

Statement from Jean-Michel Cousteau, President of Ocean Futures Society on the Diablo Canyon Seismic Testing: Too Much Risk

October 29, 2012

           

            Gray whales are whales that have changed little over the past 600,000 years yet one of the first of the great whales to face extinction.  It is a marine mammal with the longest single migration and the most urban whale, passing some of the world’s biggest cities, along some of the most polluted coastlines.  In the Pacific, the eastern population of Gray Whales represents a conservation success story; their population is back to its pre-hunting numbers of over 22,000 after almost being on the brink of extinction just 75 years ago.  Unfortunately the Atlantic population was not so lucky, and has been extinct for over 200 years.  But despite its protection under the Marine Mammal Protection Act, the Pacific Gray whale and twenty-four other whale and dolphin species who are found off the coast of California, face many human impacts, including on-going noise pollution.  These marine mammals depend on an acoustic environment, we cannot add deafening noise to their aquatic environment; it is unacceptable.

Located along California’s central coast lies the Diablo Canyon Nuclear Power Plant, an electricity-generating nuclear power plant that sits along Avila Beach in San Luis Obispo county and provides energy to nearly 3 million California residents.  Built in the early 1970s along a geological fault line, the power plant has had a long history of controversy with respect to both environmental impacts and residential safety.  As recently as 2008, numerous new fault lines running both onshore and offshore to the Diablo Canyon power plant have been found.  Combined with news of the devastating 2011 Fukushima earthquake and subsequent power plant failure, concerns have increased over the safety and necessity of the Diablo Canyon power plant.

            In an attempt to mitigate concerns, owners of the Diablo Canyon power plant, the Pacific Gas and Electric Company (PG&E), have chosen to mount an extensive seismic testing survey in the hopes of obtaining detailed 3D images of the fault zones near the plant.  PG&E plans to submerge underwater air cannons that will detonate blasts of 250 decibels every 15 seconds for several consecutive days.  These blasts are equivalent to the detonation of an atomic bomb and will kill or otherwise impact tens of thousands of marine animals including Pacific Gray Whales.  Considering the extent to which the marine world uses sound, particularly the twenty-five species of marine mammals that reside within California’s coastal waters, the air cannon blasts will have detrimental effects to animals within 250 square nautical miles of each of the 18 air cannon sites. Whales, dolphins and porpoises that are not killed by the immediate blast will likely suffer slow deaths, as impairment to their extremely sensitive hearing will result in an inability to find food or navigate underwater.  I have spent a great deal of time studying and learning about the lives of gray whales with my Ocean Futures Society team.   Once hunted to the brink of extinction, these amazing animals have been able to recover and now thrive within California’s waters.  Ocean Futures Society in co-production with KQED spent a year filming gray whales for the PBS Special, Gray Whale Obstacle Course. This special offers insight into the lives of these beautiful animals.  However, high energy seismic testing poses a huge risk to these whales, and all others that inhabit our coastal waters. Furthermore, the proposed seismic testing risks enormous damage to marine reserves and fisheries along the California coast, which are of economic and conservation importance.

            PG&E plans to spend $64 million dollars on seismic testing as part of a plan to investigate the risks of the current fault lines located near the Diablo Canyon power plant.  However, the testing will not make the plant any safer. It will only offer more information on the fault lines. Many environmental agencies argue that adequate testing has already been done. The measurements proposed are similar to those used to search for offshore oil reserves, and there is likely pressure from big oil companies to continue onward with these plans. Yet it is time we stop looking at the ocean as an endless supply of nonrenewable resources.  Our knowledge of the long-term ecological impacts is poorly understood, and we risk losing valuable components of the ocean ecosystem.  Our oceans are our life-support system. When we protect the ocean, we protect ourselves.

The California Coastal Commission is set to vote on PG&E’s request for a permit to begin the seismic testing on Nov. 10^th.  Please join in our fight to stop this dangerous plan from moving forward. 

Oceans of appreciation,

Jean-Michel Cousteau

President

Plastic entanglement

It's one of the bad things we see at the bluff, a seal with unbreakable plastic around its neck. This seal clearly has had plastic around his neck, but it appears to me that it is now gone. It left behind a severe scar, but he looks like he's doing well.

Another example of why we must reduce plastic use and clean up the oceans. Jean-Michel Cousteau will be speaking on the subject in Colorado next week.

PJ Webb reports that another observer who witnessed the disentanglement of Green Tie last November thinks this seal might be him. Michelle Barbieri of the Marine Mammal Center sedated him and removed a green plastic strap from around his neck last November 11. He was seen on the beach recovering well November 18. Judging from the photos taken at that time and the double scar, it may well be him. Welcome back, Green Tie!

Send NMFS comments on seismic testing

Comments need to be submitted by October 15. Below is what I sent. Feel free to excerpt from my letter in writing your own.

P. Michael Payne

Chief, Permits and Conservation Division

Office of Protected Resources

National Marine Fisheries Service

1315 East-West Highway

Silver Spring, MD 20910

ITP.Goldstein@noaa.gov

To the National Marine Fisheries Service:

I ask that you deny the Incidental Harassment Authorization for which Pacific Gas & Electric has applied in connection with its seismic testing project.

The National Science Foundation’s draft Environmental Assessment differs substantially in its estimates of marine mammal take from the Final Environmental Impact Report adopted by the State Lands Commission in granting the permit for this project. The EA states:

“It is unlikely that the proposed action would result in any cases of temporary or especially permanent hearing impairment, or any significant non-auditory physical or physiological effects. Some behavioral disturbance is expected, if animals are in the general area during seismic operations, but this would be localized, short-term, and involve limited numbers of animals.”

The SLC FEIR specifically notes Significant impacts on Harbor porpoises, Fin whales, Humpback whales, Blue whales, Bottlenose dolphins and Southern sea otters. This discrepancy needs to be addressed before an IHA is considered.

The wide range of marine mammals being affected is unacceptable and far outside the concept of ‘incidental harassment’ as defined: small numbers that will have a negligible impact on the species or stocks. The impact on the food species for these large marine mammals should also not be overlooked. If their food is destroyed by the seismic blasts, which may well happen, the area will become useless to them and they will be forced to find other feeding areas.

The report identifies substantial ‘impacts’ to marine mammals and commercial fishing, as well as air pollution. The table on page 4.4-79 of the EIR specifies Level A Take of marine mammals, all of which are protected under the Marine Mammal Protection Act. Many are also protected under the Endangered Species Act. The fish, fish eggs and fish larvae that will be destroyed are the food these animals require. When that is gone, the mammals will leave.

Northern elephant seals are dismissed in a couple of paragraphs. "The northern elephant seal is present year-round off of central California; however, because they spend very little time at the surface and forage mostly offshore, at-sea sightings are rare." (p. 87) No further concern is expressed. In fact, elephant seals spend most of their time deep in the ocean, where the killing blasts will be directed. The time period, from November 15 through December 31, when PG&E has been approved to blast, adult males are returning to the Central Coast from Alaska for the breeding season.

The level of sound blasts from the air guns isn’t just loud, it’s deafening, 250 decibels. David Sneed, environment reporter for the San Luis Obispo Tribune, described it as "There is no everyday equivalent for that level of sound. Most decibel charts list the loudest sound as a military jet aircraft taking off at 140 decibels."

The suggestion is often made that the animals can simply be chased out of the area. Blair Jones of PG&E claims that "As they (the boats) come into an area, they'll start emitting low-pulse sounds to warn marine life in the area. Those sounds will slowly ramp up until we get to the level that's needed to perform the survey."

The notion that marine mammals can be harmlessly chased out of the immediate area is misleading. It’s a direct violation of the Marine Mammal Protection Act, for good reason, Level B harassment. An IHA cannot change that. This is these animals’ habitat. They live there because their food is there and they navigate to their breeding grounds via these areas. Where are they supposed to go? Someplace where there is no food, or be sent off their migration routes to find other ways to their homes?

Northern Elephant Seals will be actively migrating through the area during November and December. Juveniles will be making their way to the beaches for a needed rest. Blasted away from their rookeries, will they find other beaches? Or will they swim off and die? Adult males will be returning in late November and December. They swim deep and are seldom seen at the surface. That doesn’t mean they aren’t there. It means they are right in the air gun target zone. They need to get on the beach to prepare for the mating season. What happens when they can’t get to the beach, or their internal organs are liquefied? Will they cancel breeding season? Not knowing the answers to these questions makes issuing an IHA impossible.

PG&E spokesmen stated at the State Lands Commission hearing that operations would be shut down if any marine mammal was within 1.1 miles. With hundreds of thousands of marine mammals living off our coast, that boat will always be within that radius of whales, seals, sea lions and otters. They cannot possibly assure that the blasting will not be within that range, considering the deep-diving mammals that live and migrate through the area, even in the daytime. At night, it’s even less possible to see them and stop operations.

Pacific Gas & Electric has been given permission to blast the coast with 250-decibel air guns, 24/7, for 33 days and nights. The justification for this elaborate, expensive and destructive project is: “PG&E’s Geosciences staff believes that data gathered from the additional studies that comprise the Project would improve characterizations of these fault zones and allow PG&E to refine estimates of the frequency and intensity of ground motion that is likely to occur in the area surrounding and including the Diablo Canyon Power Plant. This information may also improve assessments of the potential seismic hazard at the DCPP.”

The original proposal was for a longer period of blasting but was not assured of providing data that would provide significant information. The reduced time period and area covered is even less likely to produce useful information.

The data PG&E hopes (but can’t be certain) this project will produce will not make Diablo Canyon Nuclear Plant any safer. No modifications are contemplated, no changes will be made. The data will be used to create an improved, 3-D computer model. PG&E reps are enthusiastic over how they would be able to rotate and slice this CAT-scan-like image, so superior to the conventional 2-D X-ray images they find so limiting. I don’t underestimate the value of computer modeling in predicting future catastrophe, but weighing the certain damage against the dubious advantages of this technology makes Incidental Take unacceptable and unjustified in connection with this project.

Thank you.

Supervisors schedule seismic testing meeting

Bob Cuddy reports in the Tribune:

Yielding to growing public pressure, the San Luis Obispo County Board of Supervisors has scheduled a public hearing Oct. 30 to discuss PG&E’s proposal to conduct seismic tests off the coast near the Diablo Canyon nuclear power plant.
“I want to make sure this is aired out pretty well,” Supervisor Frank Mecham said of the utility’s plan to conduct the high-energy surveys.
The tests are part of a $64 million study that PG&E is conducting to better understand earthquake faults around the nuclear plant.
Extremely loud blasts of sound will be emitted into the ocean every 15 seconds in three areas of the Pacific, from near Cambria to Guadalupe.
Nine to 12 days of testing will be done this year and the remainder performed next year.
Seismologists will be able to use the echoes of the sound blasts from Earth’s crust to develop three-dimensional images of earthquake faults at the depths the quakes occur.
However, almost from their inception, the tests have drawn strong opposition because many people fear they will harm marine life, the local fishing industry and the economies of Avila Beach and Morro Bay.
That opposition has been building all summer, and again on Tuesday a dozen people spoke in opposition.
Supervisor Bruce Gibson, a geologist who has been closely tracking the movement of the proposal through various regulatory agencies, noted that supervisors have no authority over the testing, which is in the jurisdiction of state agencies.
However, like Mecham, he said he wants the public’s questions answered thoroughly — “a complete discussion of all points of view.”
While the board cannot make decisions on the plan, it can make recommendations, letting the responsible agencies know how local residents feel.
Gibson said the testing is a highly complicated proposal that raises economic, environmental, safety and moral issues. He wants all of that explored in a public forum.
There has been considerable misunderstanding of what is involved, and some false information is making the rounds, Gibson said.
The hearing isn't on the agenda yet, but the board's regular meetings start at 9 a.m. at the County Government Center, 1055 Monterey St. in San Luis Obispo.

Read more here: http://www.sanluisobispo.com/2012/10/09/2257257/seismic-study-ocean-meeting.html#storylink=cpy

Seismic testing

Public concern is mounting over PG&E's seismic testing.

The Coastal Commission has posted background information on its site:

• Central Coastal California Seismic Imaging Project: Final Environmental Impact Report, prepared for the California State Lands Commission, July 2012 [Please note: individual report sections are on the State Lands Commission web site.]
  • Appendix H: Marine Mammal Technical Report (PG&E Offshore 3-D Seismic Survey Project EIR) , by Wood, J., Southall, B.L. and Tollit, D.J.(SMRU Ltd.), 2012.
• (September 28, 2012) Offshore Central Coastal California Seismic Imaging Project: Updated Expanded Project Description. Pacific Gas and Electric Company.
• (September 14, 2012)   Draft Incidental Harassment Authorization published by the National Marine Fisheries Service, Federal Register Notice.
• (November 2008) California Energy Commission Report, An Assessment of California’s Nuclear Power Plants: AB 1632 Committee Report,
• A Review of the Effects of Seismic Surveys on Marine Mammals, by Jonathan Gordon et al., Marine Technology Society Journal, Volume 37, Number 4, Winter 2003.

Comments can be sent to the next agency to act on the project, National Marine Fisheries Service, before October 15.

Comments on the application should be addressed to P. Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is ITP.Goldstein@noaa.gov. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size.

All comments received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

A copy of the application containing a list of the references used in this document may be obtained by writing to the above address, telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT) or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

The National Science Foundation (NSF), which owns the R/V Marcus G. Langseth, has prepared a draft “Environmental Assessment Pursuant to the National Environmental Policy Act, 42 U.S.C. 4321 et seq. Marine Seismic Survey in the Pacific Ocean off Central California, 2012” (EA). NSF's EA incorporates a draft “Environmental Assessment of Marine Geophysical Surveys by the R/V Marcus G. Langseth for the Central California Seismic Imaging Project,” prepared by Padre Associates, Inc., on behalf of NSF, PG&E, and L-DEO, which is also available at the same internet address. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address.

Points you can make in your comments:

The NMFS Environmental Assessment is inconsistent with the CA State Lands Commission EIR--- takes will be significant and unavoidable. The full report is here.

They claim they will halt blasting if marine mammals are sighted within 1.1 miles of the ship, but it's impossible for monitors to see marine mammals at night. PG&E proposes to blast every 15 seconds, 24/7.

Harbor porpoises cannot tolerate over 120 decibels; therefore unless the air gun decibel intensity is reduced, porpoises will receive Level A Harassment.

Harassment: Under the 1994 Amendments to the MMPA, harassment is statutorily defined as, any act of pursuit, torment, or annoyance which--

• (Level A Harassment) has the potential to injure a marine mammal or marine mammal stock in the wild; or,
• (Level B Harassment) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering but which does not have the potential to injure a marine mammal or marine mammal stock in the wild.

PG&E reduces seismic testing proposal

PG&E revised its project this morning to include only the survey of Box 4 in Estero Bay. The area is shown on map 2.2-1 on page 2-3 on the Final Environmental Impact Report. Additional detail of exactly where the ship will be, to turn around and cover the area, is on map 2.5-7 on page 2-21.

PG&E asked the Coastal Commission to hear its application at the November 14-16 meeting in Santa Monica instead of the October meeting.  Details will be posted on the commission's web site. 

While this is welcome news, the project remains devastating to the environment, with even less justification. The data that can be gathered from this small area will add little is anything to the knowledge of the threat of earthquake faults to Diablo Canyon Nuclear Plant.

By Louis Sahagun of the Los Angeles Times

posted a news story about it this morning: 

Over objections of Central Coast residents and environmental groups, Pacific Gas & Electric plans to map earthquake fault zones near its Diablo Canyon nuclear plant by blasting high-decibel air cannons under the surface of the ocean.

PG&E's plan calls for towing a quarter-mile-wide array of underwater "air cannons" that emit 250-decibel blasts into the ocean every 15 seconds for 12 straight days. The sonic reflections would be picked up by underwater receivers and analyzed to provide detailed 3-D images of the geometry, relationships and ground motions of several fault zones near the Diablo facility, which generates enough energy to meet the needs of more than 3 million Northern and Central Californians.
"What we're after with this survey is the geophysical equivalent of a CT scan — a combination of imagery and information that we could slice and dice and scrutinize in great detail," said Jearl Strickland, director of nuclear projects for PG&E. "These kinds of surveys are being performed right now around the world with no problems."
Opponents say the method threatens sea creatures from Central Coast rockfish to whales, and they dispute PG&E's claims that there are no alternative, less harmful technologies available for the job.
"We're not saying seismic testing isn't needed," said Andrew Christie, director of the Santa Lucia Chapter of the Sierra Club. "We want them to take the time to explore potential alternatives that could do less environmental harm and provide better data."
Of particular concern are potential effects at the Point Buchon State Marine Reserve, a protected sanctuary, as well as on a population of about 2,000 harbor porpoises that reside in and around scenic Morro Bay. Harbor porpoises are acutely sensitive to manmade sounds, which makes them especially vulnerable to hearing loss and injury during the survey.
PG&E says environmentalists' fears are unfounded. The utility acknowledges that environmental effects will be significant and likely to include temporary displacement of most of Morro Bay's harbor porpoise population. But PG&E says it believes the survey's benefits outweigh the environmental costs. The California Public Utilities Commission ordered PG&E to conduct the risk assessment.
The utility initially planned to survey 90 square miles of coastline for 30 days beginning Nov. 1. But facing questions from state permitting agencies about potential environmental effects, PG&E on Thursday scaled back the scope and duration of the project's first phase to demonstrate its safety and effectiveness.
The modified proposal would survey 51 square miles, stretch over 12 days and focus on portions of the Hosgi, Los Osos and newly discovered Shoreline fault zones in the Estero Bay area. It would not reach into the Point Buchon area.
If all goes according to plan, the project will be expanded next year to include two other areas targeted for surveys near Diablo Canyon, including a portion of Point Buchon.
The California Coastal Commission plans to vote Nov. 10 on PG&E's request for a coastal development permit needed to begin work offshore. Later, the California Department of Fish and Game must accept or reject PG&E's request for permits to harass, but not injure or kill, protected fish and marine mammals in the survey area.
In a recent letter to the Coastal Commission, the Natural Resources Defense Council warned that approval of the permits would "set a harmful and legally dubious precedent of allowing adverse impacts to the biologically significant habitats and species in California's marine protected areas in the absence of compelling public need to do so."
The organization also argued that the survey is not essential to assessing earthquake risks and is not likely to result in improvement in the nuclear plant's safety. In a separate letter to the commission, the Surfrider Foundation suggested that in-depth analysis of existing seismic data and "worst-case-scenario models" would provide equally effective emergency preparedness and response strategies.
Other critics have suggested that PG&E use a larger vessel capable of towing longer lines attached to 10, instead of four, geophone receivers to record the echoes of the blasts. That way, researchers could cover a wider area in a shorter period.
PG&E dismissed that idea because a larger vessel would not be able to traverse relatively shallow waters, which it says is essential to the study.
The survey was scheduled for November and December to avoid the peak breeding seasons of harbor porpoises and southern sea otters, as well the highest densities of migrating blue, fin and humpback whales. Certified "protected species observers" will be onboard vessels at sea and in airplanes, on the lookout for injured animals and carcasses. High-intensity blasts will be preceded by low-frequency sound waves aimed at scaring off fish and marine mammals.
If a sea otter were observed in the vessel's path, or a whale were spotted within a mile of the operation, the air cannons would be shut down within seconds, PG&E said. The number of southern sea otters in the proposed study area is 352, according to the U.S. Fish and Wildlife Service.
The death or injury of an endangered species would trigger an investigation that could potentially result in prosecution, according to Christine Patrick, spokeswoman for the National Oceanographic and Atmospheric Administration.
"All those precautions might help animals that can swim away," said environmental activist Julie Tacker of Los Osos. "But what about those that can't, such as abalone, clams and starfish?"
Those kinds of animals tend to congregate near shore and are not expected to be affected by the air cannons, which would be pointed straight down in water more than 75 feet deep, PG&E officials said.
Similar high-energy seismic surveys are planned for 2013 in coastal waters off Southern California Edison's San Onofre Nuclear Generating Station in northern San Diego County.
louis.sahagun@latimes.com

Locally, Matt Fountain of New Times covered the Fish & Game Commission meeting:

Pacific Gas & Electric took a verbal beating from the California Department of Fish and Game Commission when the energy company went asking for a permit to conduct its upcoming seismic studies, which will result in some degree of harassment of local marine life populations.

On Sept. 24, the five-member commission voiced concerns over the surveys, but admitted they have no authority over whether department staff issues the permit or not. Department staffers told New Times that they’re holding off on finalizing the permit until a laundry list of other state and federal agencies have had the chance to weigh in.

Following the roughly 40 people who spoke before the commission against the proposed studies, commissioners minced no words in voicing their opposition to expected “take” of marine wildlife, as well as possible effects on marine protected areas directly to the north of where the surveys are to take place.

“It’s a marine life protected area, not a marine life killin’ area. And as long as I’m here, we’re not going to recommend to the department anything that’s killing anything we’re trying to protect,” Commissioner Jim Kellogg told a cheering audience.

PG&E Spokesman and Pismo Beach Mayor Pro Tem Kris Vardas—abandoned by his fellow PG&E staffers who left for another meeting—testified that the company is in the process of spending approximately $4 million on a monitoring program to make sure no wildlife is harmed, including an underwater remote-operated vessel to scan beneath the waves for signs of injured fish and marine mammals.

Should wildlife be found injured or worse, operations would be shut down and investigated by the U.S. Marine Fisheries Service, as the waters would essentially become “a crime scene,” which goes beyond the scope of PG&E’s permit, Vardas said.

The commission also seemed baffled about what useful information the studies would glean, and how it would contribute to the ultimate goal of improving understanding of the seismic risk around Diablo Canyon nuclear power plant.

“I’m not convinced that nuclear safety would be advanced, as some people have alluded to,” Commissioner Michael Sutton said. “The only useful significant outcome I can see in this is that it might give us sufficient information that the seismic risk is so great that the plant should be decommissioned.”

The California Coastal Commission is expected to decide on whether to issue a coastal permit at its Oct. 10 meeting.

“I would encourage [the coastal commission] to proceed with caution,” Commissioner Richard Rogers said. “Any uncertainty of this magnitude is a very dangerous thing.”

Aside from the coastal commission and the Department of Fish and Game, PG&E still needs permits from the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, the National Science Foundation, the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, and the California Department of Parks and Recreation before it may begin the studies.

New Times cover story put the damage into visual terms. 

Fountain also wrote about problems with the research vessel that will be hired to do the work:

It’s the same type of testing used to explore for offshore oil deposits.

According to the NSF’s Zacharias, the foundation has yet to solidify its contract with PG&E.

However, both State Sen. Sam Blakeslee (R-San Luis Obispo)—whose legislation mandated the studies—and county supervisor Bruce Gibson—who sits on the project’s Independent Peer Review Panel to oversee its operation—have been outspoken over their concerns about the Langseth not being “up to industry standards.”

The vessel came into service in 2008, but has only been operating in its current joint role as an academic-commercial seismic vessel for a little more than a year, following several years of dry-dock and various improvement upgrades. According to records of its stakeholder committee, it’s encountered mechanical and environmental problems in the past, and questions over whether it is fitted with the most up-to-date equipment have come up.

The 2008 minutes of a Marcus Langseth Oversight Committee meeting features a laundry list of various mechanical improvements it needs to get in “working condition.”

According to minutes from 2010, the Langseth’s operator reported marine mammals and smaller fishing vessels “snagging” the towed arrays during a 2009 cruise. In a separate cruise that year, the Langseth was forced to de-obligate a $1.3 million contract when a software-related problem caused an issue with the ship’s multibeam following a supposed upgrade.

In July 2011, the ship’s committee reported buying a new steamer and other equipment from Western Geco—a company Gibson had urged considering for the survey—worth a reported $5 million to $6 million, according to the report. The used equipment was purchased for a mere $400,000.

“This is helping to bring the gear to more modern standards,” the report reads.

According to a December 2011 report, approximately $8 million has been spent on upgrading the Langseth since 2008.

Others have pointed out that the boat is owned by the NSF, which is currently one of the agencies from which PG&E is awaiting approval.

A Federal Register notice detailing PG&E’s requested take was posted Sept. 19. Public comments will be accepted until Oct. 15.

Given approval by the California Coastal Commission—expected in mid-October—and the California Fish and Game Commission, surveys are expected to commence in November.

Northern Chumash Statement on seismic testing

The Northern Chumash Tribal Council (NCTC) is a tribal governing body whose members are from San Luis Obispo County and they have been the living continuum of Chumash Peoples for over 18,000 years.  Living along this sacred coastline in San Luis Obispo County, we are Stakeholders.  NCTC was formed under the guidelines of Senate Bill 18 as a State Recognized Tribal Government.   NCTC corporate office is located at 67 South Street San Luis Obispo, CA 93401.  NCTC is dedicated to the preservation of Chumash Culture and Heritage, meaningful consulting with local governments, consulting with the development community, and changing government policy for better tribal community well-being.

COMMENTS

AB 1632 requires that as part of PG&E’s electricity and natural gas forecasting and assessment activities, to compile and assess EXISTING scientific studies, as specified, to determine the potential vulnerability, to a major disruption due to aging or a major seismic event, of large base load generation facilities of 1,700 megawatts or greater, including a specified analysis of the impact of a major disruption on system reliability, public safety, and the economy.  AB 1632 does not require NEW studies.  There are low level seismic studies and the onshore seismic studies data that is more than enough to show the connectivity of the faults under the power plant.  The proposed seismic studies are not necessary.
Every environmental impact report and environmental impact statement has concluded the environmental devastation would be long-lasting and far reaching. The Environmental Assessment for the Diablo Canyon Seismic project admits “take” or “harassment” will potential cause the death, or torment by permanent deafness, which to a whale, means a slow, lingering death of the partial following mammals list:

• Minke whale
• Sperm whales
• Dwarf sperm whales
• Blue whales
• Humpback whales
• Fin whales
• California gray whales
• Short-finned pilot whale
• Bird’s beak
• Killer whales
• Striped dolphins
• Small beaked whales
• Dell’s porpoise
• Long-beaked dolphins
• Rise’s dolphins
• Northern right whale dolphins
• Pacific white-sided dolphins
• Bottle-nose dolphins
• Short-beaked dolphins
• Harbor seals
• California sea lions
• Southern sea otters
• Untold sea turtles of several varieties
• Numerous fish and bird species
• The next generation sea life including nearly billions of larva’s of all types

NCTC advocates that the seismic testing be stopped to allow time to thoroughly explore other technologies not harmful to marine life.  There is no date collection for science that is worth the possible destruction of the warp and weave of the basket of life.

 OFF SHORE SACRED UNREGISTERED CULTURAL RESOURCE SITES

Off shore unregistered Chumash Sacred Sites must be treated the same way as on shore Chumash Sacred Sites are treated.  No one would let anyone harm the animals that live on or near Chumash Sacred Sites on land, why would anyone allow this to happen off shore.  Before any activity that might impact a Chumash Sacred Site mapping and surveying must be done to understand how the proposed activities might affect the Chumash Cultural Resources.   All Chumash Sacred Sites must be surveyed and mapped before any project is approved in this sensitive area.

 NATIVE AMERICAN FREEDOM OF RELIGION ACT

On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.

The off shore unregistered Chumash Sacred Sites all have great significance for our Chumash Nation, the possibility of having our ancient sites disturbed by seismic blasting would affect the religious significance of the Sacred Sites along our coastline.
The Chumash creation story “The Rainbow Bridge” story talks of how the Dolphins became our ancestors, this is part of which we are, it is a part of our creation story, and it is a magical story for our children growing up receiving great joy from the magic of life.
The potential killing of Dolphins and Whale along with other sea life is not acceptable; any harm would be a violation of the Native American Freedom of Religion Act as these animals are a part of our creation story and our ancestors.

 UN DECLARATION OF THE RIGHTS OF INDIGENOUS PEOPLES

Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.

The Northern Chumash Tribal Council does not give consent to cause irreparable harm to the sea life along the San Luis Obispo county coastline. International Treaties are in play because many of the mammals that pass through our coastal water are protected by other international treaties, the entire UN Declaration of the Rights of Indigenous Peoples is in full effect by reference.

 CALIFORNIA COASTAL ACT

Section 30230 Marine resources; maintenance Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.

The potential harm to any sea life would be a violation of the California Coastal Act.
The location of the survey area sits between two National Marine Sanctuaries and has itself qualified for National Marine Sanctuary Designation since 1990. The sonic blasts will be too intense at 250 decibels for marine life to remain viable. The entire marine web-of-life will be destroyed.
Sanctuaries provide enhanced safeguards for species within their boundaries, a protection that is lost when they leave. Other protected areas along or at the terminus of a migration route or that cover areas for important life stages of living marine resources (e.g., nesting areas for seabirds, pupping areas for seals, fish spawning aggregation sites, larval dispersal and sink sites), provide the same kind of enhanced protection. Forming relationships and developing joint projects among countries with areas of biophysical connectivity will increase the protection to these often endangered and otherwise vulnerable species.
These resources are extremely important for our coastal communities to grow into the future, we are protecting them, please assist us in not destroying our priceless resources.

AVILA BEACH AND MORRO BAY FISHING INDUSTRY

The coastal communities are not prepared for this ocean disaster that will end commercial fishing for an unknown length of time.  The Morro Bay and San Luis Harbor fishermen have worked for decades to create sustainable locally “branded” fishing. They now stand to lose their livelihoods.  There is no mitigation for returning the fish and their web-of-life.  All things are tied together and the effects of seismic testing along the coast are not in the best interest of the people who live here and who have lived here for over 18,000 years.

MARINE PROTECTION AREAS (MPA)

1. To protect the natural diversity and abundance of marine life, and the structure, function, and integrity of marine ecosystems.
2. To help sustain, conserve, and protect marine life populations, including those of economic value, and rebuild those that are depleted.
3. To improve recreational, educational, and study opportunities provided by marine ecosystems that are subject to minimal human disturbance, and to manage these uses in a manner consistent with protecting biodiversity.
4. To protect marine natural heritage, including protection of representative and unique marine life habitats in California waters for their intrinsic value.

The destruction of our MPA’s after we have spent so many years working to protect them and now when they are working with the other environmental programs in place to bring back our local fisheries it is not the time to destroy them but it is the time to protect them for the future generations.  We the Native Community understand that it is vitally important to make decision that look out into the future 7 generations, only then are you truly making sound decisions.  There is no sound decision making in this project, it is completely out of balance with all the elements of life.  This project must be looked at as a whole not as just the data that will be collected, that is a very small part, the bigger picture is the environment, to get a small percentage of data at the sacrifice of a potential large sacrifice of sea life is not acceptable.
The Northern Chumash Tribal Council stands to protect our Sacred Land and our Culture, please assist us in our stand for dignity and peace with the Sacred Heritage of our land as we attempt to protect our culture for future generations to come.
Thank you for the opportunity to comment.

Elders Council
Northern Chumash Tribal Council