18-21.0056. Procedures for the Review of Applications to Conduct Geophysical Testing

(1) Use agreements for geophysical testing involving incidental crossings.

(a) Prior to recommending the execution of a use agreement, the Division shall:

1. Have received from the Oil and Gas Program a permit application to conduct geophysical testing which is being processed by the Department;

2. Have received all fees required by subsection 18-2.019(4), F.A.C.;

3. Have received all information pursuant to rule 18-21.0077, F.A.C.;

4. Solicit comments from entities whose jurisdiction may be affected, such as the Department of Agriculture, Florida Forest Service, the Department of Environmental Protection, if applicable, the Division of Water Resource Management, Oil and Gas Program, the Division of Recreation and Parks, and the Fish and Wildlife Conservation Commission; and,

5. Ensure that all activities associated with the proposed operations will not conflict with an established public use and the protection of wildlife, such as endangered and threatened species, and that the activity is consistent with adopted management criteria.

(b) Use agreements shall be approved, approved with conditions, or denied by the Board. Standards for approval shall be based on the review criteria of paragraph 18-21.0056(1)(a), F.A.C.

(c) Use agreements shall commence on the date the geophysical permit is issued by the Department, and shall continue for a period not to exceed one year unless terminated pursuant to paragraph (2)(e). A use agreement shall be renewed for up to one additional year if (1) the applicant has complied with all terms and conditions of an approved use agreement, and (2) the geophysical permit is renewed.

(2) Use agreements for offshore testing.

(a) Prior to recommending the approval, modification or denial of a use agreement, the Division shall:

1. Have received from the Oil and Gas Program a permit application to conduct geophysical testing which is being processed by the Department;

2. Have received all fees required by subsection 18-2.019(4), F.A.C.;

3. Have received all information pursuant to rule 18-21.0077, F.A.C.;

4. Solicit comments from entities whose jurisdiction may be affected, such as the Division of Water Resource Management, the Florida Coastal Office, the Florida Fish and Wildlife Conservation Commission;

5. Solicit and receive written comments from the Office of the Governor addressing the proposed activity’s consistency with the State’s Outer Continental Shelf oil and gas leasing policy; and,

6. Ensure that all activities associated with the proposed operations will not conflict with a public use, nearshore management policies, the protection of marine resources such as endangered and threatened species, and adopted management criteria.

(b) All use agreements for offshore geophysical testing shall be approved, approved with conditions, or denied by the Board. Standards for approval shall be based on review criteria of paragraph 18-21.0056(2)(a), F.A.C.

(c) Use agreements shall commence on the date the geophysical permit is issued by the Department, and shall continue for a period not to exceed one year unless terminated pursuant to paragraph (e) below. A use agreement shall be renewed for up to one additional year if (1) the applicant has complied with all terms and conditions of an approved use agreement, and (2) the geophysical permit is renewed.

(d) Data Submission and Examination.

1. The applicant shall submit a field operations report to the Department of Environmental Protection, Oil and Gas Program, within thirty days after the completion of any survey activities conducted under a use agreement. The report shall contain the following:

a. A narrative description of the work performed, including the types of data obtained and the types of logs produced from the operations;

b. Charts, maps or plats indicating the areas in which any exploration was conducted, specifically identifying the lines of geophysical traverses and/or locations where geological exploration was conducted accompanied by a reference sufficient to identify the data produced from each activity;

c. The dates and times during which the actual exploration was performed;

d. The nature and location of any environmental hazards created by the operations under an approved use agreement;

e. A description of any damage to or loss of state property which resulted from the reported activities; and,

f. Such other information as requested by the Division that pertains to the operational components of the geophysical testing.

2. Upon written request, the applicant shall provide to the Oil and Gas Program, at no cost, one copy of the information described in subparagraphs a. through e. below if available. Where possible the information may be furnished in the form of paper copies as opposed to mylar, film, or tape. Duplicates shall be furnished upon request at cost of reproduction. The Oil and Gas Program shall also have the right to inspect and/or copy, at cost of reproduction, factual and physical exploration results, logs, records, and any other processed records excluding interpreted data.

a. High resolution profiles including but not limited to bathymetry, side-scan sonar, and sub-bottom profiles.

b. Blackline or blueline paper copies of final stacked sections and migrated sections. Paper copies of sections chosen for State use shall be made at one-half scale (2-1/2 inches per second).

c. Post-plot maps at a reasonable and appropriate scale for the dimensions of the survey and whenever possible a scale of 1:48,000 (1 inch equals 4,000 feet).

d. Copies of navigation tapes with narrative summary of accuracy of shot points and ship tracks.

e. Gravity data reduced or compiled in profile form; and Magnetometer data corrected for International Geomagnetic Reference Field in profile form whenever available. Data shall include how reductions and corrections were made.

3. In the event that ownership of information or data obtained under a use agreement is transferred from the applicant to a third party, or from a third party to another third party, the transferor shall notify the Oil and Gas Program and shall require the receiving third party, in writing, to expressly agree to abide by the obligations of the applicant under subparagraph 18-21.0056(2)(d)2., F.A.C., as a condition precedent to the transfer of the information or data.

(e) The activities provided for in a use agreement may be suspended, in whole or in part, upon a finding by the Board that suspension of the activity is necessary to protect the public interest. Such suspension shall be effective upon receipt by applicant of a written or oral (to be confirmed in writing) notice thereof which shall indicate: (1) the extent of the suspension; (2) the reasons for this action; and, (3) any corrective or preventive measures to be taken by the applicant which are deemed necessary by the Board to abate hazards to the general public interest. The applicant shall take immediate action to comply with the provisions of the issued notice. Failure by the applicant to timely comply with the provisions of the issued notice shall cause the use agreement and the applicant’s rights thereunder to immediately terminate.

Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.431 FS. History–New 1-25-87, Amended 3-21-19.