SAFE
from Spills
On May 26th a momentous agreement regarding vessel
traffic through Sanctuary waters received final
international approval.
Beginning on December 1, 2000, large container
ships and bulk product carriers will follow a
number of new safety measures intended to greatly
reduce the chance of catastrophic oil and hazardous
waste spills. While most people attribute huge oil
spills only to oil tankers, these container ships
can carry one million gallons of heavy bunker fuel
(similar to crude oil) and in the event of an
accident, that fuel is capable of causing enormous
ecological damage.
To give an idea of how important these new
measures are, as recently as February 1999, the
639-foot bulk carrier New Carissa ran aground on
the Oregon Coast spilling at least 70,000 gallons
of oil and killing hundreds of birds and countless
other organisms. A spill the size of the Exxon
Valdez could cover the entire range of the Southern
sea otter and could effectively cause the
extinction of this familiar Central California
icon.
Other resources at risk from a catastrophic
spill in the Sanctuary include:
- 50 protected species frequenting Sanctuary
waters
- $2.3 billion in tourism and business revenue
with $14 million lost in diving-related
activities alone
- $110 million research dollars and 1600
research related jobs
- $33 million fishing industry revenue
According to Dr. Holly Price, Director of the
Sanctuary Water Quality Protection Program, when
there is so much at stake it is always better to
prevent disasters, than to try to clean up after
one. "Once oil hits the water, it's very difficult
to avoid large economic and environmental losses,"
says Price.
Initially flagged as a priority during Sanctuary
designation proceedings, the Sanctuary and the U.S.
Coast Guard convened a unique joint effort in 1997
to resolve this important issue.
Agreement was finally reached after 18 months of
meetings with state agencies, including the
California Department of Fish and Game and the
Coastal Commission, environmental groups, such as
the Center for Marine Conservation and Save Our
Shores, and representatives from the shipping and
oil industries. Because the new routes are in
international waters, NOAA then took the plan to
the United Nations' International Maritime
Organization (IMO), an organization of
international shipping nations, for final approval
in May.
Currently these massive ships transit the
Sanctuary as close as two nautical miles (nm) away
from the Big Sur coast and other ecologically
sensitive areas. The new measures place the vessels
13-20 nm offshore in defined northbound and
southbound tracks at an average of 10 nm farther
from the Sanctuary's coastline.
According to Price, the new routes keep the
ships far enough off shore that should they lose
power, a rescue tug could intercept them before
they drift ashore. The new routes also keep large
vessels out of primary fishing grounds, typically
located in the shallower waters closer to land.
Ships carrying hazardous cargoes, such as
chemicals and refined petroleum, will be moved even
farther from the coast, between 25-30 nm, and oil
tankers will continue their journeys at 50 nm
offshore. Setting these fixed cruising distances
also ensures that the large vessels move in
predictable and defined corridors, thereby reducing
the risk of collisions.
A final part of the vessel traffic agreement is
an adjustment to the San Francisco port approach.
Starting in mid-July ships entering the SF bay
began using set corridors angled away from the
rocky San Mateo coast and further away from those
productive fishing grounds.
The next step, Price explains, is to spread the
word of these new environmental measures to
mariners. This huge task is made a little easier
because members of the shipping industry, such as
the Pacific Merchant Shipping Association and the
San Francisco Bar Pilots, were brought to the table
early on to provide crucial input to the new
measures, and are now helping to promote and
conduct outreach on them. To better inform merchant
ship owners and captains, the new routes will also
be added to the nautical charts used to navigate
coastal waters.
The Sanctuary wants to thank all the many
agency, industry and environmental group
representatives whose expertise and persistence
turned this proposal into reality.
High Tech Pressures
Surface in the
Sanctuary
The Sanctuary is forever protected from offshore
oil, gas and mineral exploration and extraction.
Dumping of harmful materials, chumming for Great
White Sharks and harming marine mammals are among
the nine other prohibited activities. One
lesser-known regulation prohibits "drilling into,
dredging or otherwise altering the seabed of the
Sanctuary; or constructing, placing or abandoning
any structure, material or other matter on the
seabed of the Sanctuary
" It is this
regulation that has come into play with a new
proposal by Global Photon Systems, Inc. to build a
submarine fiber optic cable.
The proposed project involves laying
approximately 250 miles of fiber optic cable buried
one meter beneath the Sanctuary floor (where
feasible) in an effort to provide additional fiber
optic service within California's growing internet
market. The one-inch wide submarine cable would
extend from San Diego to San Francisco connecting
to land at seven sites, two of which are proposed
within the Sanctuary boundaries.
To date, Global Photon has completed a Final
Environmental Impact Report (EIR) for the State of
California to fulfill criteria required under the
California Environmental Quality Act (CEQA) for
projects capable of causing environmental
damage.
The Sanctuary has taken the position that the
state's Final EIR does not adequately address the
special status and special protections required for
a national marine sanctuary. The concerns
include:
- Insufficient analysis of the impact of
installing the cable on sensitive sea floor
habitats,
- Inadequate analysis of potential impacts
from potential suspension of cables across the
Sanctuary's many submarine canyons,
- The need for a more detailed review of a
proposed landing site near the ecologically
sensitive Point Lobos Reserve and the California
Sea Otter Game Refuge,
- Insufficient analysis of the potential
damage caused by an accident between the cable
ships and large commercial vessels in the busy
shipping lanes,
- Alternative land-based routes have not been
properly evaluated,
- The lack of data on the cumulative impacts
of competing cables placed in Sanctuary waters
based on the success of this operation and the
creation of a de-facto "corridor" for future
projects.
Despite these shortfalls, the State Lands
Commission certified the state-required EIR and
authorized issuance of a permit for the project
with the provision that the permit is not valid
north of Morro Bay without the permission of the
Sanctuary. In a letter by William J. Douros,
Sanctuary Superintendent, to the Commission and
during comment in a public hearing, the Sanctuary
stated its public objection to the certification of
the EIR. "We testified that the EIR did not
adequately address the Sanctuary's special status,"
says Scott Kathey, Policy Analyst for the
Sanctuary. "The same criteria were used to evaluate
environmental concerns inside the Sanctuary as
outside."
In June 1999, the Sanctuary told Global Photon
that it needed to prepare an Environmental Impact
Statement (EIS) as required under the federal
National Environmental Policy Act (NEPA) to address
these important issues. Global Photon declined
stating that the state EIR submitted to the State
Lands Commission is sufficient to address Sanctuary
concerns. According to Kathey, the Sanctuary is
legally obligated to invoke the NEPA process of
environmental review, which requires federal
agencies to complete an EIS for any action under
federal jurisdiction that may have significant
environmental impact.
Telecommunication companies across the nation
have been awaiting policy guidelines by NOAA
regarding the placement of submarine cables through
the 13 national marine sanctuaries.
To this end the Department of Commerce, the
agency that manages NOAA's National Marine
Sanctuary Program, convened a series of meetings
with national environmental groups and cable
companies to help develop a national policy on
cable laying in National Marine Sanctuaries. A
draft policy was released for public review and
comment on August 23, 2000, and can be found at the
Sanctuary website. The public can submit written
comments to NOAA until October 23, 2000.
"The end result of the environmental review
process will be whether we do or don't issue a
permit for this type of activity in the Sanctuary,"
continues Kathey. "This decision will be based on
what the impacts are. The EIS doesn't tell us what
to do &endash; just what the impacts are. But we
see this as one crucial part because of what
Sanctuaries are about. We need a quality document
in which we can trust the integrity of the data in
order to make the best decision for the future of
the Sanctuary."
Note: A second independent request to lay fiber
optic cable in the Sanctuary was submitted by MFS
Globenet, Inc. and Worldcom Network Services, Inc.
This international consortium recently installed
their cable in Oregon and abandoned its application
for a cable in the Sanctuary. MCI Worldcom has
expressed an interest in independently continuing
the process for approval of the proposed route.
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