2016 California Code
Fish and Game Code - FGC
DIVISION 6 - FISH
PART 1 - GENERALLY
CHAPTER 5.5 - California Marine Resources Legacy Act
ARTICLE 2 - Partial Removal of Offshore Oil Structures
6613. (a) The council shall determine whether the partial removal of an offshore oil structure pursuant to this chapter provides a net benefit to the marine environment compared to the full removal of the structure.
(b) As a necessary prerequisite to determining net environmental benefit as required in subdivision (a), the council shall, upon receipt of its initial application from the department pursuant to Section 6610, establish appropriate criteria for evaluating the net environmental benefit of full removal and partial removal of offshore oil structures.
(1) The criteria shall include, but are not limited to, the depth of the partially removed structure in relation to its value as habitat and the location of the structure, including its proximity to other reefs, both natural and artificial.
(2) The criteria shall not include any consideration of the funds to be generated by the partial removal of the structure.
(3) In determining the criteria, the council shall consult with appropriate entities, including, but not limited to, the department, the commission, the California Coastal Commission, and the California Ocean Science Trust.
(4) The council shall establish the criteria in time to use them in making its initial determination of net environmental benefit pursuant to this section.
(c) Upon certification of environmental documents pursuant to the California Environmental Quality Act, the council shall, based on the criteria developed pursuant to subdivision (b) and other relevant information, determine whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure. In making the determination, the council shall, at a minimum, take into account the following:
(1) The contribution of the proposed structure to protection and productivity of fish and other marine life.
(2) Any adverse impacts to biological resources or water quality, or any other marine environmental impacts, from the full removal of the facility that would be avoided by partial removal as proposed in the application.
(3) Any adverse impacts to biological resources or water quality, or any other marine environmental impacts, from partial removal of the structure as proposed in the application.
(4) Any benefits to the marine environment that would result from the full removal of the structure or from partial removal as proposed in the application.
(5) Any identified management requirements and restrictions of the partially removed structure, including, but not limited to, restrictions on fishing or other activities at the site.
(d) Benefits resulting from the contribution of cost savings to the endowment shall not be considered in the determination of net environmental benefit.
(e) The council may contract or enter into a memorandum of understanding with any other appropriate governmental or nongovernmental entity to assist in its determination of net environmental benefit.
(f) The determination made pursuant to this section and submitted to the department by the council shall constitute the final determination and shall not be revised except by the council.
(g) The council shall take all feasible steps to complete its determination in a timely manner that accommodates the department s schedule for consideration of the application.
(Added by Stats. 2010, Ch. 687, Sec. 1. Effective January 1, 2011.)
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