SECTIONS 30702-30708 - California Statutes

PUBLIC RESOURCES CODE

SECTION 30702-30708

30702. For purposes of this division, the policies of the state
with respect to providing for port-related developments consistent
with coastal protection in the port areas to which this chapter
applies, which require no commission permit after certification of a
port master plan and which, except as provided in Section 30715, are
not appealable to the commission after certification of a master
plan, are set forth in this chapter.

30703. The California commercial fishing industry is important to
the State of California; therefore, ports shall not eliminate or
reduce existing commercial fishing harbor space, unless the demand
for commercial fishing facilities no longer exists or adequate
alternative space has been provided. Proposed recreational boating
facilities within port areas shall, to the extent it is feasible to
do so, be designed and located in such a fashion as not to interfere
with the needs of the commercial fishing industry.

30705. (a) Water areas may be diked, filled, or dredged when
consistent with a certified port master plan only for the following:
(1) Construction, deepening, widening, lengthening, or maintenance
of ship channel approaches, ship channels, turning basins, berthing
areas, and facilities that are required for the safety and the
accommodation of commerce and vessels to be served by port
facilities.
(2) New or expanded facilities or waterfront land for port-related
facilities.
(3) New or expanded commercial fishing facilities or recreational
boating facilities.
(4) Incidental public service purposes, including, but not limited
to, burying cables or pipes or inspection of piers and maintenance
of existing intake and outfall lines.
(5) Mineral extraction, including sand for restoring beaches,
except in biologically sensitive areas.
(6) Restoration purposes or creation of new habitat areas.
(7) Nature study, mariculture, or similar resource-dependent
activities.
(8) Minor fill for improving shoreline appearance or public access
to the water.
(b) The design and location of new or expanded facilities shall,
to the extent practicable, take advantage of existing water depths,
water circulation, siltation patterns, and means available to reduce
controllable sedimentation so as to diminish the need for future
dredging.
(c) Dredging shall be planned, scheduled, and carried out to
minimize disruption to fish and bird breeding and migrations, marine
habitats, and water circulation. Bottom sediments or sediment
elutriate shall be analyzed for toxicants prior to dredging or
mining, and where water quality standards are met, dredge spoils may
be deposited in open coastal water sites designated to minimize
potential adverse impacts on marine organisms, or in confined coastal
waters designated as fill sites by the master plan where the spoil
can be isolated and contained, or in fill basins on upland sites.
Dredge material shall not be transported from coastal waters into
estuarine or fresh water areas for disposal.
(d) For water areas to be diked, filled, or dredged, the
commission shall balance and consider socioeconomic and environmental
factors.

30706. In addition to the other provisions of this chapter, the
policies contained in this section shall govern filling seaward of
the mean high tide line within the jurisdiction of ports:
(a) The water area to be filled shall be the minimum necessary to
achieve the purpose of the fill.
(b) The nature, location, and extent of any fill, including the
disposal of dredge spoils within an area designated for fill, shall
minimize harmful effects to coastal resources, such as water quality,
fish or wildlife resources, recreational resources, or sand
transport systems, and shall minimize reductions of the volume,
surface area, or circulation of water.
(c) The fill is constructed in accordance with sound safety
standards which will afford reasonable protection to persons and
property against the hazards of unstable geologic or soil conditions
or of flood or storm waters.
(d) The fill is consistent with navigational safety.

30707. New or expanded tanker terminals shall be designed and
constructed to do all of the following:
(a) Minimize the total volume of oil spilled.
(b) Minimize the risk of collision from movement of other vessels.
(c) Have ready access to the most effective feasible oilspill
containment and recovery equipment.
(d) Have onshore deballasting facilities to receive any fouled
ballast water from tankers where operationally or legally required.

30708. All port-related developments shall be located, designed,
and constructed so as to:
(a) Minimize substantial adverse environmental impacts.
(b) Minimize potential traffic conflicts between vessels.
(c) Give highest priority to the use of existing land space within
harbors for port purposes, including, but not limited to,
navigational facilities, shipping industries, and necessary support
and access facilities.
(d) Provide for other beneficial uses consistent with the public
trust, including, but not limited to, recreation and wildlife habitat
uses, to the extent feasible.
(e) Encourage rail service to port areas and multicompany use of
facilities.