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(continued)
(c) Review of Voluntary Local Program. The voluntary local program shall be submitted to the Department for review. The Department shall conduct an initial review of the plan to determine whether the submissions are complete. Within 60 days after receipt of the local program plan, the Department shall report to the local program designee whether the local program as submitted is complete.
(1) If the plan is not complete, the Department shall inform the designee about what additional elements, information or documents are required to complete the plan and environmental analysis.
(2) If the plan is complete, the Department shall conduct a review of the environmental analysis and make any revisions in the environmental analysis that the Department deems necessary or appropriate to accurately describe the voluntary local program and its potential effects on the environment. If the Department makes any revisions to the environmental analysis, the Department shall inform the designee about the revisions before making the materials, including the program plan and the revised environmental analysis, available for public review in order to give the voluntary local program the opportunity to withdraw the proposed program before public review.
(d) Lead Agency - Public Review and Comment. When the Department is acting as CEQA lead agency, after the program plan and any environmental analysis have been reviewed, the Department shall make all materials, including the local program plan and environmental analysis, available for public review at the headquarters of the region in which the plan was submitted and at the Department's headquarters in Sacramento.
(1) Notice of Public Availability. The Department shall distribute copies of a Notice of Public Availability announcing that the voluntary local program and related documents are being made available for public review and comment. A minimum of 30 days shall be allowed for public review and comment after distribution of a Notice of Public Availability. The Notice of Public Availability shall include the following:
(A) The date on which the Department accepted the voluntary local program as complete.
(B) A brief description of the geographic area covered by the application and of the activities proposed to be covered by the local program.
(C) The location where the application is available for public review and the name and telephone numbers of a contact person within the Department who can answer questions regarding the application.
(D) A statement that the Department seeks written comments from the public regarding the plan, an address to which written comments regarding the application should be submitted, and the deadline for submission of the comments.
(2) Publication and Distribution of the Notice. The Department shall publish the Notice of Public Availability at least once in a newspaper of general circulation in the area affected by the local program. Copies of the Notice of Public Availability shall also be distributed as follows:
(A) A copy to the office of the County Clerk of the county or counties in which the proposed activity would occur for posting at the customary place for posting notices of environmental matters.
(B) A copy to the Office of Planning and Research.
(C) A copy to any other person upon written request.
(D) Copies may also be posted or made available at such other locations as the Department deems desirable and reasonably required to provide adequate public notice.
(3) Response to Public Comment. After the public comment period has closed, the Department shall:
(A) Review all public comments received, including those from public agencies with which the Department consults; and
(B) Prepare a written summary and response to all significant environmental points raised during the review of the application.
(e) External Consultation. The Department shall consult with and request written comments from the Department of Food and Agriculture, county agricultural commissioner(s) of the county or counties in which the local program is proposed, and all public agencies with jurisdiction by law over the activity to be covered by the local program. The consultations shall occur during the public comment period when the Department is acting as CEQA lead agency and during the 75-day local program review period when the Department is acting as CEQA responsible agency. In their comments, the Department of Food and Agriculture and the county agricultural commissioner(s) shall consider if the proposed voluntary local program is consistent with the economics of the agricultural operations.
(f) Department's Authorization of the Voluntary Local Program. Within 75 days of the close of the public comment period when the Department is acting as CEQA lead agency, and within 75 days of the Department's determination that the submitted local program is complete when the Department is acting as CEQA responsible agency, the Department shall take one of the following actions:
(1) Make the findings required by subsection (g) of this section and authorize the voluntary local program.
(2) If the Department determines that changes in the voluntary local program are necessary, the Department shall promptly communicate that determination and proposed changes to the voluntary local program's designated representative. With the consent of the voluntary local program designee, the Department may make changes in the voluntary local program and authorize the revised local program provided the revisions do not require further environmental analysis or public notice.
(3) If major changes requiring additional time or further environmental review are needed, the Department shall reject the voluntary local program and convey the identified deficiencies in the local program plan to the designee for further revisions.
(g) Mandatory Findings for Authorization of Local Program. The director shall authorize a voluntary local program only upon making the following written findings in support of that authorization:
(1) That the voluntary local program includes management practices that will, to the greatest extent practicable:
(A) avoid the take of listed species,
(B) minimize take of species that cannot be avoided,
(C) encourage the enhancement of habitat; and
(D) maximize wildlife benefits without compromising the economics of agricultural operations.
(2) That the local program is consistent with the goals and policies of the California Endangered Species Act and is supported by the best available scientific information.
(3) For every significant adverse environmental effect that has been identified for a local program, one or more of the findings required by section 21081 of the Public Resources Code. The Department may not approve any local program for which significant adverse environmental effects have been identified if feasible alternatives or feasible mitigation measures are available that would substantially lessen a remaining significant adverse environmental effect and those alternatives or measures have not been incorporated into the local program. For purposes of these findings:
(A) "Feasible" means "feasible" as defined in section 21061.1 of the Public Resources Code.
(B) "Environmental impact report" means an environmental impact report prepared pursuant to CEQA or, if the Secretary for Resources certifies this article under section 21080.5 of the Public Resources Code, an environmental analysis prepared pursuant to this article.
(C) Mitigation measures shall consist of new or revised management practices designed to reduce or avoid significant adverse environmental effects.
(h) Notice of Decision. Within five working days of authorizing or amending a voluntary local program, the Director shall file a Notice of Decision with the Secretary for Resources. The Notice of Decision shall include a statement that the Director authorized or amended the local program.


Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068 and 2086, Fish and Game Code.

s 786.4. Amendments to the Voluntary Local Program.
(a) The voluntary local program may initiate an amendment to a local program by providing written notification to the Department and by providing the Department with the necessary information for review. The Department review and approval of such amendments shall be governed by the following provisions. The Director shall approve any minor or major program amendment if the amended program would continue to meet the standards in section 786.3(g) of this article.
(1) Minor Amendments. Amendments that the Department determines will not significantly modify the scope or nature of the local program; will not likely result in a significant adverse impact on candidate, threatened, or endangered species beyond that anticipated from the originally approved plan; will not likely diminish the habitat-enhancing benefits of the local program; and will otherwise meet the standards in section 786.3(g) of this article shall be considered minor amendments to the local program. The Director shall approve minor amendments and incorporate them into the local program, or shall deny the minor amendments, within 30 days of submission of a minor amendment to the Department. Minor amendments may be used to adapt a local program's management practices based on experience in implementing the local program to make those practices more effective in meeting the standards in section 786.3(g) of this article, provided the Department determines the changes meet the criteria in this subsection (a)(1) for minor amendments. For a minor amendment of a local program for which the Department adopted an environmental analysis, the Department may prepare an addendum to the environmental analysis or other appropriate document.
(2) Major Amendments. Amendments that the Department determines would significantly modify the scope or nature of the local program, likely result in a significant adverse impact on candidate, threatened, or endangered species beyond that anticipated from the originally approved plan, diminish the habitat-enhancing benefits of the local program, or require additional environmental review pursuant to section 21166 of the Public Resources Code or California Code of Regulations, Title 14, section 15162, shall be considered major amendments to the local program. Requests for major amendments shall be reviewed according to the process established in this article for new local programs, except that the information and analysis provided in support of an application for a major amendment may rely on supplemental information to the analysis used in the initial submittal for the local program.
(b) The Department may initiate an amendment to a local program pursuant to this subsection if it believes that an amendment is reasonably necessary to bring the local program into compliance with the provisions in section 2086(b) of the Fish and Game Code or any other relevant provision of law.
(1) To make minor amendments as defined in subsection (a)(1) of this section, the Department shall notify in writing the voluntary local program designee of the proposed minor amendment and give the voluntary local program participants 60 days to accept or decline the proposed minor amendments. If the voluntary local program decides to decline the proposed minor amendments, the Department may initiate steps necessary to allow for the termination of the program or allow individuals to withdraw from the voluntary local program. If the voluntary local program accepts the amendments or fails to respond within the 60 days, the Department may approve the minor amendments with no further consultation.
(2) To make major amendments as defined in subsection (a)(2) of this section, the Department must make a finding that the program is not in compliance with section 2086(b) of the Fish and Game Code and state its rationale. The local program designee shall be notified in writing of the findings and rationale and be given 60 days to respond to deficiencies outlined by the Department. If the voluntary local program fails to amend the program, as directed by the Department, the Department may initiate steps necessary to terminate the program and allow individuals to withdraw from the voluntary local program.


Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080 and 2086, Fish and Game Code.

s 786.5. Department Termination of a Voluntary Local Program.
If the Department terminates a voluntary local program because it no longer complies with section 2086(b) of the Fish and Game Code, termination shall be conducted consistently with the terms and conditions established pursuant to section 786.2(d)(9) of this article. Individual par- ticipants following the terms and conditions of withdrawal shall continue to receive take authorization until withdrawal has been completed.


Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2080 and 2086, Fish and Game Code.

s 786.6. Take Authorization.
Any taking of candidate, threatened or endangered species incidental to routine and ongoing agricultural activities is not prohibited by Division 3, Chapter 1.5 of the Fish and Game Code if the take occurs while management practices in a voluntary local program authorized pursuant to this article are being followed, except that this section does not authorize the take of fish species that are a member of the class Osteichthyes. The Department recognizes that management practices, if successful, will increase the number of individuals of candidate, threatened and endangered species in proximity to farms and ranches as a result of management practices. This article is intended to protect farmers and ranchers from legal liability for take that may result from their voluntary participation in a voluntary local program.


Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086(c) and 2088, Fish and Game Code.

s 786.7. Reports to the Legislature.
(a) Beginning in 2000, and every five years thereafter, the Department shall submit a written report to the appropriate policy committees of the Legislature regarding the effects of voluntary local programs.
(b) The Department shall consult with the Department of Food and Agriculture in evaluating the voluntary local programs and preparing the report.
(c) The report shall contain:
(1) A summary of voluntary local programs currently established;
(2) An analysis of trends in temporary and permanent acreage benefitting from the voluntary local programs, including an estimate of the amount of land upon which routine and ongoing agricultural activities are conducted;
(3) Examples of farmer and rancher cooperation in designing and implementing the voluntary local programs; and
(4) Recommendations to improve voluntary participation by farmers and ranchers.


Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Section 2086(d)(2), Fish and Game Code.

s 786.8. Construction with Other Statutes.
Nothing in this Article precludes the Department from authorizing agricultural conservation programs pursuant to other provisions in Division 3, Chapter 1.5 of the Fish and Game Code. Take that occurs incidental to farm or ranch operations may independently be authorized by the Department under section 2081 or 2835 of the Fish and Game Code, provided the requirements of those sections are satisfied. In addition, the specific provisions in this Article that authorize incidental take by participants in a voluntary local program shall not be construed to limit the application of section 2087 of the Fish and Game Code, which provides that accidental take of candidate, threatened and endangered species is not prohibited during routine and ongoing agricultural activities without regard to whether a voluntary local program has been established.


Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068, 2080, 2086, 2087 and 2835, Fish and Game Code.

s 789.0. Definitions.
As used in these regulations:
(a) "Small business" firm is one which meets the definition of small business firm as set forth in Title 2, California Code of Regulations, section 1896(n).
(b) "Department" means the Department of Fish and Game.
(c) "Director" is the Director of the Department of Fish and Game, or any person authorized by the Director to act on behalf of the Director.
(d) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, landscape architecture, engineering, environmental services, land surveying, or construction project management.
(e) "Architectural, landscape architectural, engineering, environmental, and land surveying services" includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
(f) "Contract" shall mean those contracts entered into by the Department for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Sections 4525-4529, Government Code.

s 789.1. Establishment of Criteria.
The Director shall establish criteria which will comprise the basis for selection for each contract. The criteria shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel to be assigned, staff capability, workload, ability to meet schedules, nature and quality of completed work, reliability of the firm, location, and other considerations deemed relevant. Such factors shall be weighed by the Director according to the nature of the contract, the needs of the State and complexity and special requirements of the specific contract for which the services will be provided.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4526, Government Code.

s 789.2. Request for Qualifications.
(a) When a project requires architectural, landscape architectural, engineering, land surveying, construction project management, or environmental services, the Director shall make a statewide announcement through the publications of the respective professional societies.
(b) The announcement shall contain the following information: the nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data will be received.
(c) The Director shall endeavor to provide to all small business firms which have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified. A failure of the Director to send a copy of an announcement to any firm shall not operate to preclude any contract.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4527, Government Code.

s 789.3. Selection of Services.
(a) After expiration of the period stated in the publication, the Director shall evaluate statements of qualifications and performance data on file with the Department. Discussions shall be conducted with no less than three firms regarding the required service. From the firms with which discussions are held, the Director shall select, for contract negotiation, no less than three, in order of preference, based upon the established criteria, which are deemed to be the most highly qualified to provide the services required. Where three firms cannot be found which could provide the required service, the Director may then select from the available applicant firms. Selections based on less than three firms must be documented with the names and addresses of firms contacted by the Director and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the Department's contract file.
(b) The Director shall attempt to negotiate a contract with the best qualified firm. If the Director is unable to negotiate a satisfactory contract with this firm at a fair and reasonable price, negotiations with that firm shall be terminated. The Director shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be termined. If the Director is unable to negotiate a satisfactory contract with any of the selected firms, the Director shall select additional firms in the manner prescribed and continue the negotiation procedure.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.

s 789.4. Conflict of Interest/Unlawful Activity.
Department employees who are related to persons or have interests in business entities seeking to contract under these regulations shall not participate in any aspect of the contract review or selection process.
Further, any practice that results in an unlawful activity including, but not limited to, rebates, kickbacks or any other unlawful consideration shall be prohibited.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Sections 4526 and 87100, Government Code.

s 789.5. Amendments.
If the Department makes a necessary change in the project during performance of the contract and the amount of work to be performed by the contractor has changed from the work originally contemplated by the parties, the contractor's compensation may be adjusted in a fair and reasonable amount by negotiation of a mutual written agreement.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.

s 789.6. Contracting in Phases.
Should the Department determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price or compensation provisions at the time the initial phase is negotiated, provided that the Department shall have determined that the firm is the best qualified to perform the whole project at a fair and reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated and reflected in a subsequent written instrument. The procedure with regard to negotiation provided for in section 6106 of the Public Contract Code shall be applicable.


Note: Authority cited: Section 4526, Government Code; and Section 702, Fish and Game Code. Reference: Section 4528, Government Code.

s 790. Definitions and Abbreviations.
Unless the context requires otherwise, the following definitions shall govern the construction of this subdivision.
(a)(1) "Act" means the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 (Statutes of 1990, Chapter 1248).
(a)(2) "Administrator" means the administrator for oil spill response appointed by the Governor pursuant to Government Code Section 8670.4.
(a)(3) "Adverse weather" means the weather conditions that will be considered when determining the appropriate oil spill response systems and equipment for a particular operating environment. Factors that will be considered include wind, significant wave height, temperature, weather-related visibility, and the tides and currents within the response area in which the equipment is intended to function.
(a)(4) "Anchorage or Anchorage designation" means an area designated by the U.S. Army Corps of Engineers or the United States Coast Guard for the anchoring of vessels.
(a)(5) "Assets", as defined by GAAP, means probable future economic benefits obtained or controlled by a particular entity as a result of past transactions or events.
(a)(6) "Assist/Escort Tug" see "Escort Tug".
(a)(7) "Area Contingency Plan" means an oil spill response plan required by the Coast Guard for each of six regions along the California coast. These six regions are the Federal Area Plan Zones, and are defined in this subchapter under "Geographic Regions."
(b)(1) "Balance of the Coast" means those areas of the California coast that are not designated as either a high volume port or as a facility/transfer area.
(b)(2) "Barge" means any vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion.
(b)(3) "Barrel" means 42 United States gallons of oil at 60 degrees Fahrenheit.
(b)(4) "Best achievable protection" means
(A) the highest level of protection which can be achieved through the use of both of the following;
1. the best achievable technology, and
2. those manpower levels, training procedures, and operational methods which provide the greatest degree of protection achievable.
(B) It is not required that a cost-benefit or cost-effectiveness analysis or any particular method of analysis be used in determining which measures to require.
(C) The Administrator's determination of best achievable protection shall be guided by the critical need to protect valuable coastal resources and marine waters, while also giving reasonable consideration to the following;
1. the protection provided by the measures,
2. the technological achievability of the measures, and
3. the cost of the measures.
(b)(5) "Best achievable technology" means that technology which provides the greatest degree of protection taking into consideration, the following;
(A) processes which are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development, and
(B) processes which are currently in use anywhere in the world.
(C) In determining what is best achievable technology, the Administrator shall consider the effectiveness and engineering feasibility of the technology.
(b)(6) "Bollard Pull" means the force, in pounds, that a tug is capable of exerting against a stationary object. Bollard pull can be measured for either or both of the following:
(A) astern force, which is the force applied when the tug is pushing or pulling astern.
(B) ahead force, which is the force applied when the tug is pushing or pulling ahead.
(b)(7) "Braking Force" means astern bollard pull (at zero speed) for conventional tugs, and ahead bollard pull (at zero speed) for tractor tugs.
(b)(8) "Bulk" see "Oil in Bulk".
(b)(9) "Bunkering" or "Bunkering Operation" means the transfer of oil via hoses, pipelines, or loading arms for the purpose of providing fuel or lubricants to a tank vessel or nontank vessel. A Bunkering Operation includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of either the transfer unit or the receiving unit.
(b)(10) "Bunkering oil" means that product used as fuel for a vessel's propulsion system.
(c)(1) "California marine waters" see "Marine Waters".
(c)(2) "Cascadable" means moveable in multi-tiered stages, and is used to refer to response equipment which may be moved from the normal or regular site to the scene of an oil spill.
(c)(3) "Cleaned-up" means spilled oil has been removed to the extent that it no longer poses a threat to human health and safety or the environment, as determined by either:
(A) the unified command, consisting of the Federal On-Scene Coordinator (FOSC), the responsible party, if designated, and the Staff (as defined in this chapter); or
(B) the State Incident Commander (as designated by the Administrator) if the unified command is not established.
(c)(4) "Clearing House" means an individual, organization, corporation or agency designated by the Administrator to carry out responsibilities related to tug escort requirements for specific harbors in California.
(c)(5) "Coast Guard Designated Area" see "Geographic Region".
(c)(6) "COLREGS" is a shortened form of the term 'Collision Regulations', and refers to the International Regulations for the Prevention of Collisions at Sea.
(c)(7) "Competitive aspects" means the cost of materials, labor, services, property or other necessities required to carry out a recommendation of a harbor safety committee. These costs shall be compared to other alternative costs for the same or similar requirements and may vary from port to port within a harbor area. Competitive aspects shall be addressed in any economic feasibility report or study made part of any such recommendation.
(c)(8) "Containment area" means that area designated for the containment of any spilled oil with the intent of preventing the oil from reaching open water.
(c)(9) "Conventional Tug" means a tug with screws or propellers which are fixed to provide thrust either fore or aft, parallel to the keel or longitudinal axis of the tug.
(c)(10) "Crude oil" means petroleum in an unrefined or natural state, including condensate and natural gasoline.
(c)(11) "Current assets", as defined by GAAP, means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash, or sold or consumed during the normal operating cycle of the business.
(c)(12) "Current liabilities", as defined by GAAP, means those obligations whose liquidation is reasonably expected to require the use of existing resources, properly classifiable as current assets, or the creation of other current liabilities.
(d)(1) "Deadweight tonnage" means the weight of the cargo, fuel, water, and stores necessary to submerge a vessel from its light draft to its load draft. This measurement shall be obtained from the following:
(A) the most current Lloyds Register, or
(B) from the country of registry, or
(C) by documentation from a recognized classification society, or
(D) as reflected in the International Load Line Certificate posted on each vessel.
(d)(2) "Department" means the California Department of Fish and Game.
(d)(3) "Derated Capacity" means that value computed by taking the manufacturer's rating for the recovery capacity of a piece of skimming equipment and reducing that amount to reflect the limitations of the response equipment's efficiency. Limitations on efficiency may be the result of such variables as weather, sea state, velocity of the ocean currents, hours of operation per day, or visibility. The derated capacity shall be calculated as 20% of the manufacturer's rated skimming capacity (SC) for the equipment for a 24 hour period, [(SC x 24 hours)20% = derated capacity].
(d)(4) "Discharge" see "Spill".
(d)(5) "Discharge Container System" means any system designed to enclose or restrain spilled oil and prevent it from spreading further and/or reaching open water. Such a system may be fixed or portable, depending upon the application, and may involve specific equipment for certain applications.
(d)(6) "Displacement" means the total weight of water, as measured in long tons, displaced by a vessel at a given load level.
(e)(1) "Escort/Assist Tug" see "Escort Tug".
(e)(2) "Escort Tug" means a tug that is designed primarily for pushing or pulling ahead or astern, or towing alongside another vessel. A tug is considered to be designed for escort work whether or not it is involved in such activity. Escort tugs are further defined for specific harbors as follows:
(A) In the harbors of Los Angeles/Long Beach, an "Assist/Escort Tug" means any tug that is accepted by the tank vessel master and/or pilot to escort a tank vessel that is transiting waters where an assist/escort is required.
(B) In the harbor of Port Hueneme, an "Escort/Assist Tug" means any tug that is authorized by the Oxnard Harbor District and/or the U.S. Navy for use in Port Hueneme and is equipped with at least 500 horsepower to escort/assist a tanker or barge transiting waters where escort/assistance is required.
(e)(3) "Escort Vessel" see "Escort Tug".
(f)(1) "Facility" see "Marine Facility".
(f)(2) "Facility/Transfer Areas" means the zone around those geographic areas where a majority of oil transfers occur along the California coast, as follows:
(A) for Humboldt Bay; the waters inwards of the demarcation line, as prescribed in the U.S. Coast Guard Navigation Rules, International-Inland.
(B) for Monterey Bay; the waters inward of a line drawn from Point Santa Cruz to Point Pinos.
(C) for Estero and San Luis Obispo Bays; the waters inward of a line drawn from Point Estero to Point Sal.
(D) for San Diego Bay; the waters inwards of the demarcation line, as prescribed in the U.S. Coast Guard Navigation Rules, International-Inland.
(E) for Encina: the area as defined by the center point of 33-08.0N - 117-21.4W and those waters within a two mile radius.
(F) for the Santa Barbara Channel Area: includes all facility transfer points on the marine waters outward to three nautical miles, from Point Conception to Point Dume.
(f)(3) "Facility/Transfer Point" means a fixed location where oil or oil products are or can be transferred between a vessel and a facility.
(f)(4) "Federal breakwater" means the line of demarcation as specified in Title 33 Code of Federal Regulations, Section 80.1114.
(f)(5) "Fiscal Year" means the period commencing on the first day of July and ending on June 30 of the following year.
(g)(1) "GAAP" means the Generally Acceptable Accounting Principles in the United States.
(g)(2) "Geographic Region" means one of six regions along the California coast defined by the Coast Guard as the Federal Area Plan Zones. These Coast Guard regions are as follows;
(A) North Coast: the Oregon border to the Sonoma/Mendocino County line;
(B) San Francisco and the Delta: the Sonoma/Mendocino County line to the Santa Cruz/San Mateo County line, including San Francisco Bay and the portions of the Sacramento/San Joaquin Delta covered under Article 5, Section 8670.28(a)(1) of the Government Code;
(C) Central Coast: the Santa Cruz/San Mateo County line to the San Luis Obispo/Monterey County line;
(D) Los Angeles/Long Beach, as follows:
(1) Northern Sector: San Luis Obispo, Ventura and Santa Barbara Counties;
(2) Southern Sector: Los Angeles and Orange Counties;
(E) San Diego: San Diego/Orange County line to the Mexico border.
(g)(3) "Gross Registered Tons", now changed to "Gross Tons", means a measure of the tanker, barge or nontank vessel's tonnage by volume.
(h)(1) "Harbor Safety Committee" means a committee comprised of those individuals, appointed by the Administrator pursuant to Section 8670.23 of the Government Code, to determine harbor safety needs for the harbors of San Diego; Los Angeles/Long Beach; Port Hueneme; San Francisco, San Pablo, Suisun Bays; and Humboldt Bay.
(h)(2) "Hazardous Materials" means any material that, because of its quantity, concentration or physical or chemical characteristics, would pose a significant present or potential hazard to human health and/or safety, or to the environment if released into the environment. This definition includes, but is not limited to, "oil" as defined in the Act.
(h)(3) "High Volume Ports" means either of the following:
(A) for the San Francisco Bay/Sacramento-San Joaquin Delta; all California marine waters that are within a 50 nautical mile radius of the San Francisco Approach, Lighted Horn Buoy (SF) (LNB) (LLNR 360) [located at 37-45.0N, 122- 41.6W] on the San Francisco Bay Chart #18645. This does not include the Ports of Stockton and Sacramento;
(B) for the Los Angeles/Long Beach Harbor; all California marine waters that are within a 50 nautical mile radius of the Approach Lighted Whistle Buoy "LB" (LLNR 3010) [33-42.1N, 118-11.0W] outside the entrance to the Los Angeles/Long Beach Harbors on the Los Angeles and Long Beach Harbor Chart #18751.
(i)(1) "Incident Commander" means the individual responsible for overseeing the Incident Command Structure (as outlined in the State Marine Oil Spill Contingency Plan) during an oil spill response or response drill. This person may be the Administrator or his/her designee.
(i)(2) "Independently audited" means an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
(i)(3) "Infrequent Transfer" means a transfer of oil or oil product that is conducted on the average of one time per month or not more than twelve times in a twelve month period.
(i)(4) "Intangible assets" means assets, such as trademarks, goodwill, patents, organization costs, computer programs, etc., which lack physical substance.
(i)(5) "Involved Parties" means a responsible party, potentially responsible party, their agents and employees, the operators of all tankers, barges and nontank vessels docked at a marine facility which is the source of a discharge, and all state and local agencies involved in a spill or spill response.
(j) (Reserved)
(k)(1) "Kips" means a thousand pounds of force.
(l)(1) "Liabilities", as defined by GAAP, means probable future sacrifices of economic benefits arising from present obligations of a particular entity to transfer assets or provide services to other entities in the future as a result of past transactions or events.
(l)(2) "Linefill capacity" means the volume of fluid in a pipeline or pipeline segment as determined by multiplying the cross-sectional area of the inside of the pipeline in square feet, times the length of the pipeline in feet, times 7.48 gallons per cubic foot. [Linefill capacity in gallons equals 7.48(3.1416 r 2 * L) where 7.48 = gallons per cubic foot; 3.1416 is the constant, pi; r = inside radius in feet; * = times; and L = length in feet].
(l)(3) "Line Haul Tug" means that tug that provides the primary power to push or pull a barge.
(l)(4) "Lightering" or "Lightering Operation" means the transfer of a cargo of oil in bulk from one vessel to another. Lightering includes all phases of the operation from the beginning of mooring activities between the transfer unit and the receiving unit to the departure of either the transfer unit or receiving unit. A lightering operation does not include bunkering.
(l)(5) "LOA" means the actual Length Overall of a vessel measured in meters. This is the length for each vessel as listed in Lloyds Register or with the country of registry.
(l)(6) "Local government" means any chartered or general law city or any chartered or general law county.
(l)(7) "Long tons" means a unit of weight equal to 2,240 pounds avoirdupois.
(m)(1) "Marine facility" means:
(A) A drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform.
(B) Any facility of any kind, other than a vessel, which;
1. is or was used for the purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil, including pipelines, and
2. is located in marine waters, or is located where a discharge could impact marine waters.
(C) The following facilities are not included in the definition of "marine facility":
1. facilities which are subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with Section 25280) of Division 20 of the Health and Safety Code; or
2. facilities which are placed on a farm, nursery, logging site, or construction site and do not exceed a 20,000 gallon capacity in any single storage tank; or
3. small craft refueling docks.
(m)(2) "Marine Terminal" means any marine facility used for transferring oil to or from tankers or barges. This would include all piping not integrally connected to a tank facility as defined in Section 25270.2(k) of the Health and Safety Code relating to above ground storage tanks.
(m)(3) "Marine Waters" means those waters subject to tidal influence, except for waters in the Sacramento-San Joaquin Delta upstream from a line running north and south through the point where Contra Costa, Sacramento, and Solano Counties meet. This definition of marine waters does not apply to the Oil Spill Prevention and Response Planning Requirements in Chapter 3, or the Administrative Fund Fee provisions in Chapter 6.
(m)(4) "Master" means the master of the tug engaged in towing a barge or the master of a tanker or nontank vessel.
(m)(5) "Mobile Transfer Unit (MTU)" means a vehicle, truck, or trailer, including all connecting hoses and piping, used for transferring oil at a location where a discharge could impact marine waters.
(m)(6) "Mobilization Time" means the time in which initial response personnel are able to begin movement of spill response resources to the site of an oil spill.
(m)(7) "MTU" means Mobile Transfer Unit.
(n)(1) "Navigational Aid" means any device used by a tanker, barge or nontank vessel that is intended to assist a navigator in determining the tanker, barge or nontank vessel's position or a safe course, or to warn of dangers or obstructions to navigation.
(n)(2) "Non-Cascadable Equipment" means equipment which is prepositioned in a location that allows delivery of that equipment anywhere within a given risk zone within the timeframes specified for that risk zone. Such equipment shall not be moved from the designated location without the prior approval of the Administrator or the Federal On-Scene Coordinator.
(n)(3) "Non-persistent or Group 1 oil" means a petroleum-based oil, such as gasoline, diesel or jet fuel, which evaporates relatively quickly. Such oil, at the time of shipment, consists of hydrocarbon fractions of which:
(A) at least 50 percent, by volume, distills at a temperature of 340 degrees C (645 degrees F); and
(B) at least 95 percent, by volume, distills at a temperature of 370 degrees C (700 degrees F).
(n)(4) "Nontank Vessel" means a vessel, of 300 gross tons or greater, other than a tanker or barge, as those terms are defined in this chapter.
(o)(1) "Office of Spill Prevention and Response" means the California Department of Fish and Game, Office of Spill Prevention and Response established pursuant to the Act.
(o)(2) "Offshore marine facility" includes but is not limited to a drill ship, semi-submersible drilling platform, jack-up type drilling rig, facilities located on production piers, artificial islands and platforms, any floating or temporary drilling platform and any facility of any kind which is or was used for purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil and is located in, under, on, or above marine waters. This includes facilities in the process of abandonment, re-drilling, well maintenance and repairs.
(o)(3) "Offshore Marine Terminal" means any marine terminal at which tank vessels or barges are made fast to a buoy or buoys.
(o)(4) "Oil" means any kind of petroleum, petroleum-based liquid hydrocarbons, petroleum products or any fraction or residues therefrom. This shall include, but is not limited to: crude oil, bunker fuel, gasoline, diesel fuel, aviation fuel, oil sludge, oil refuse, oil mixed with waste, and liquid distillates from unprocessed natural gas.
(o)(5) "Oil In Bulk" means any volume of oil carried in the cargo tanks of a vessel. Bulk oil does not include oil carried in packaged form, and does not include residue or clingage remaining in the cargo tanks after the cargo oil has been discharged. During a bunkering or lightering operation, bulk oil may also be that oil which is transferred to or from a marine portable tank or independent tank on board a vessel.
(o)(6) "Oil Spill Response Organization (OSRO)" means any for-profit or not-for-profit contractor, cooperative, or in-house response organization established to provide spill response resources.
(o)(7) "Oil Transfer System" means that system as described in 33 CFR Part 154, Subpart (c).
(o)(8) "Operator" see "Owner or Operator".
(o)(9) "Operating" means, in terms of a tanker, barge or nontank vessel, either:
(A) the transferring and/or transporting of oil, or
(B) that the tanker, barge or nontank vessel is not at anchor, is not made fast to the shore or an anchored tanker, barge or nontank vessel, or not aground.
(o)(10) "OSPR" means the Office of Spill Prevention and Response in the Department of Fish and Game.
(o)(11) "OSRO" means Oil Spill Response Organization.
(o)(12) "Owner or Operator" means any of the following:
(A) in the case of a tanker, barge, or nontank vessel, any person who owns, has ownership interest in, operates, charters by demise, or leases the tanker, barge, or nontank vessel;
(B) in the case of a marine facility or a marine terminal, any person who owns, has an ownership interest in, or operates the marine facility or the marine terminal;
(C) except as provided in subparagraph (D), in the case of any tanker, barge, nontank vessel or marine facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means, to an entity of state or local government, the owner or operator is any person who owned, held an ownership interest in, operated, or otherwise controlled activities concerning the tanker, barge, nontank vessel or facility immediately before the conveyance;
(D) an entity of the state or local government which acquired ownership or control of a tanker, barge, nontank vessel or marine facility, when the entity of the state or local government has caused or contributed to a spill or discharge of oil into marine waters;
(E) "Owner" or "Operator" does not include a person who, without participating in the management of a tanker, barge, nontank vessel or marine facility, holds indicia of ownership primarily to protect his or her security interest in the tanker, barge, nontank vessel or marine facility;
(F) "Operator" does not include any person who owns the land underlying a marine facility or the facility itself if the person is not involved in the operations of the facility.
(o)(13) "Owners' equity", as defined by GAAP, means the difference between total assets and total liabilities.
(p)(1) "P&I Club" see "Protection and Indemnity Club".
(p)(2) "Persistent Oil" means a petroleum-based oil that does not meet the distillation criteria for a non-persistent oil. Persistent oils are further classified based on both specific and American Petroleum Institute (API) observed gravities corrected to 60 degrees Fahrenheit, as follows:
(A) Group 2 - specific gravity greater than or equal to 0.8000 and less than 0.8500. API gravity less than or equal to 45.0 and greater than 35.0;
(B) Group 3 - specific gravity greater than or equal to 0.8500 and less than 0.9490. API gravity less than or equal to 35.0 and greater than 17.5;
(C) Group 4 - specific gravity greater than or equal to 0.9490 and up to and including 1.0. API gravity less than or equal to 17.5 and greater than 10.0;
(D) Group 5 - specific gravity greater than 1.0000. API gravity equal to or less than 10.0.
(p)(3) "Person" means any individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, and association. Also included is any city, county, city and county, district and the state or any department or agency thereof, and the federal government or any department or agency thereof, to the extent permitted by law.
(p)(4) "Petroleum Barge" see "Barge".
(p)(5) "Pilot" means a person duly licensed by the U.S. Coast Guard as a Federal First Class Pilot authorized to serve as a pilot on tankers and nontank vessels transiting in specified harbors in California. This person may or may not be the "Master" as defined in this chapter.
(p)(6) "Pipeline" means any line or conduit used at any time to transport oil. A pipeline will be considered a marine facility if it is located in marine waters or where a discharge from the pipeline could impact marine waters.
(p)(7) "Point of Transfer", means a position either physically located on the receiving or transferring tanker, barge, or nontank vessel, or in the case of a response vessel, located within 1/2 mile of the actual oil transfer operation.
(p)(8) "Port Authority" means the person, governmental agency or civilian organization responsible for the operation, control and administration of a port or harbor area.
(p)(9) "Primary Response Contractor" means an oil spill response contractor that is directly responsible to an oil spill contingency plan preparer either by a contract or other approved means. Plan preparers may rely on more than one primary response contractor. All primary response contractors must be approved by the OSPR. However, subcontractors responsible to a primary response contractor will be exempt from approval by the OSPR, if the response resources of the subcontractor will be included in the application approval process of the primary response contractor.
(p)(10) "Production pier" means a structure supported above marine waters by pilings, columns or caissons which is connected to land and upon which is situated an oil and gas production operation.(p)(11) "Protection and Indemnity (P&I) Club" means a mutual insurance organization formed by a group of ship owners or operators in order to secure cover for various risks of tanker, barge, or nontank vessel operation, including oil spill costs, not covered by normal hull insurance. (continued)