Geophysical Survey Permit Program

​The Commission has been the State agency with jurisdiction over geophysical survey activities in State navigable waters since 1941. Between 1984 and 2013, the Commission relied on a Mitigated Negative Declaration (MND), with subsequent additional conditions adopted in 1987 and 2008, to comply with the California Environmental Quality Act (CEQA) when issuing geophysical survey permits. In 1987, based on new information related to the potential effects of high-energy geophysical surveys on marine life and divers, the Commission determined that permits for high-energy geophysical surveys employing airguns and water cannons could not be issued without preparation of an Environmental Impact Report. Commission staff administered a Low-Energy Offshore Geophysical Permit Program (OGPP) based on the earlier MND that authorized low-energy geophysical surveys using certain types of acoustic generating equipment.

In 2013, the Commission updated its Low-Energy OGPP by incorporating the latest science on ocean acoustics and impacts to marine life. As part of the update, the Commission conducted an environmental analysis of the Low-Energy OGPP, with public review, and adopted an MND pursuant to CEQA, which identified protective mitigation measures to minimize impacts to marine life and the coastal environment from the use of low-energy equipment. Additionally, the update helped improve public transparency and outreach to surveyors and others about the Low-Energy OGPP and permit requirements.

A 2014 assessment of the updated Low-Energy OGPP found that enforcement and permit compliance were concerns. In response, the Commission sponsored Assembly Bill 1274, which modernized existing law and directed the Commission to promulgate updated implementing regulations to clarify the application of its Program, including identifying activities that do not require a permit and the process for applying for a permit.

In 2015, the Legislature adopted Assembly Bill (AB)1274 (Stone, 2015) (Public Resources Code section 6212.3) to ensure that geophysical surveys conducted on state lands under the jurisdiction of the Commission, including granted and ungranted tidelands and submerged lands and the beds of navigable waterways, do not cause harm or damage to aquatic life or to the marine and coastal environment. The Legislature found that improved and updated regulations governing permit conditions can protect marine life from impacts of geophysical surveys and improve public transparency, particularly as it relates to notifying the public in advance of surveys. Thus, AB 1274 charged the Commission with the responsibility to adopt regulations for granting geophysical survey permits.

In January 2020, regulations were signed into California law to accomplish the goals of AB 1274, including (1) promoting efficiency and consistency for the Commission and for the regulated community in the application, processing, and administration of permits for geophysical surveys, (2) protecting species and resources while facilitating the coordination of Public Trust uses on State lands, and (3) providing transparency to the regulated community and the public regarding the requirements for, and the timing and location of, geophysical surveys.