The Regulation of Seismic Exploration in the United States

NOAA/NMFS is drafting acoustic guidance for assessing the effects of anthropogenic sound on marine mammals. A 30-day public comment period for this draft document will begin on December 27, 2013. In conjunction with this public comment period, NOAA/NMFS will host a public meeting on January 14, 2014 in Silver Spring, Maryland. For those unable to attend in person, webinar access will be provided. Consult here  for more detailed information and updates after the New Year.

On December 27th electronic copies of the draft document can be found at the Federal eRulemaking Portal,  and here. Comments may be submitted via the Federal eRulemaking Portal; search for NOAA-NMFS-2013-0177.

A news release by the National Ocean Industries Association states in part that a

“new study released by the National Ocean Industries Association (NOIA) and the American Petroleum Institute (API) shows that opening the U.S. Atlantic Outer Continental Shelf (OCS) to offshore oil and natural gas development could have remarkable benefits for job creation, domestic investment, revenue to the government, and U.S. energy security. The study, conducted by Quest Offshore Inc., shows that offshore oil and natural gas development in the Atlantic OCS could create nearly 280,000 jobs, spur an additional $195 billion in new private investment, contribute up to $24 billion per year to the U.S. economy, generate $51 billion in new revenue for the government, and add 1.3 million barrels of oil equivalent per day to domestic energy production, between 2017 and 2035.  These jobs are in addition to any jobs and revenue generated by offshore wind or wave energy projects that might take place.”

During their meeting on December 4-5, 2013, the EU Marine Directors have approved the Marine Strategy Framework Directive document “Monitoring Guidance for Underwater Noise in European Seas” (Part I, II and III).

The Marine Strategy Framework Directive requires European Member States  to develop strategies for their marine waters that should lead to programs of measures that achieve or maintain Good Environmental Status  in European Seas. MSFD provides a list of eleven qualitative ‘Descriptors’ that determine GES. Descriptor 11 is Noise / Energy. MS should establish monitoring programs for assessment of the state of the marine waters on a regular basis.

NGOs have sued the Federal Government in the United States District Court for the District of Columbia.  They claim that BOEM violated NEPA, the ESA, and the APA when BOEM decided to move forward with oil and gas Lease Sale 216/222 in the Gulf of Mexico based on a 2012 Final Supplemental Environmental Impact Statement, and without first concluding ongoing reinitiated consultation under the ESA. The Plaintiffs also challenge Lease Sale 218, based solely upon their ESA argument. Finally, the Plaintiffs contend that NMFS has unreasonably delayed completion of the ongoing reinitiated consultation under the ESA, in violation of the APA.

NGOs have sued the Federal Government in the United States District Court for the District of Columbia.  They claim that BOEM violated NEPA, the ESA, and the APA when BOEM decided to move forward with oil and gas Lease Sale 216/222 in the Gulf of Mexico based on a 2012 Final Supplemental Environmental Impact Statement, and without first concluding ongoing reinitiated consultation under the ESA. The Plaintiffs also challenge Lease Sale 218, based solely upon their ESA argument. Finally, the Plaintiffs contend that NMFS has unreasonably delayed completion of the ongoing reinitiated consultation under the ESA, in violation of the APA.

The U.S. National Marine Fisheries Service has issued regulations under the Marine Mammal Protection Act, which authorize BP Exploration (Alaska) Inc., to unintentionally take marine mammals incidental to BP’s operation of offshore oil and gas facilities in the U.S. Beaufort Sea, Alaska, for the period January 2014–January 2019. These regulations, which allow for the issuance of Letters of Authorization  for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.  NMFS continues to use 180 and 190 dB to establish exclusion zones.

The U.S.  National Marine Fisheries Service proposes to issue the U.S. Air Force authorization to take marine mammals, specifically pinnipeds, by harassment, incidental to launches, aircraft  and helicopter operations from VAFB launch complexes and Delta Mariner operations, cargo unloading activities, and harbor maintenance dredging in support of the Delta IV/Evolved expendable Launch Vehicle launch activity on south VAFB.  This proposed authorization would last  from February 2014 to February 2019.   NMFS proposes to authorize these Takes pursuant to the Marine Mammal Protection Act.  Comments and information on this proposal must be received by NMFS no later than January 8, 2014.

The ESME Workbench <http://esme.bu.edu> project will be at the 20th
Biennial Conference on Marine Mammals, in Dunedin New Zealand, from 08 – 13
December.

The Effects of Sound on the Marine Environment (ESME) Workbench is a
modeling environment that simulates the impact of anthropogenic noise on
marine mammals.  Narrow-band sound propagation is modeled using the Bellhop
or RAMGeo.  Realistic acoustic environmental parameters for bathymetry,
water temperature and salinity, surface wind speed, and bottom sediment are
provided via the Oceanographic and Atmospheric Master Library (OAML)
databases.  Sound sources have user-configurable source levels,
frequencies, beam patterns, and movement models. The Marine Mammal Movement
and Behavior (3MB) model provides simulated animal populations (animats)
with 18 pre-configured behavior models for species with characterized dive
behavior.  Scenarios of moving sound sources and animats are simulated;
sound exposure levels, positions, and timing information for each animat,
and position and timing for each sound source are plotted and stored for
custom analysis.

Oceanwatch Marine Mammal Observer Services Ltd has been contracted by the Environmental Management Authority of Trinidad and Tobago to develop guidelines for the reduction of acoustic disturbance to marine life from offshore seismic survey operations in Trinidad and Tobago. This project aims to produce

On December 4, 2013, the U.S. National Marine Fisheries Service published Federal Register notice of NMFS’ final regulations under the Marine Mammal Protection Act governing the unintentional taking of marine mammals incidental to training and testing activities conducted in the Atlantic Fleet Training and Testing Study Area from November 2013 through November 2018.  These rules make some changes in sonar and explosives regulation, but for seismic airguns they continue to use 160, 180 and 190 dB as the regulatory thresholds, depending on species and type of effect.

In its Federal Register notice, NMFS states: