The Regulation of Seismic Exploration in the United States

The U.S. Bureau of Ocean Energy Management has extended the public comment period for BOEM’s Request for Information and Comments on the Preparation of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Program. The RFI was released in mid-June as the initial step in the multi-year offshore oil and gas planning process. This extension of the comment period is being issued in response to requests from several states. The June publication of the RFI began a 45-day comment period. With the extension, BOEM will now accept comments until August 15, 2014.

Click here to read BOEM’s notice extending the comment period.

On July 29, 2014, the Center for Regulatory Effectiveness filed comments on the U.S. Bureau of Ocean Energy Management’s Request for Information and Comments on the Preparation of the 2017–2022 Outer Continental Shelf Oil and Gas LeasingProgram.  CRE’s comments include the following executive summary:

“BOEM and NMFS will conduct environmental reviews of the OCS Program. A recent court opinion and numerous agency studies correctly conclude that oil and gas seismic is safe under current regulation.

The International Association of Geophysical Contractors has published online its Marine Mammal Protection Act Incidental Take Authorization Reference Guide. This Guide was presented at the New Frontiers: Environmental Considerations for US Geological & Geophysical Activities Workshop, on March 27, 2014. It can be accessed here.

The U.S. Bureau of Ocean Energy Management has published BOEM’s Record of Decision (ROD) for the Atlantic OCS Proposed Geological and Geophysical Activities, Mid-Atlantic and South Atlantic Planning Areas (AOI”), Final Programmatic Environmental Impact Statement (PEIS).  These documents select the following mitigation measures for all G & G activities in the Atlantic, including seismic surveys.

 Mitigation Measures for All G&G Activities

 Subject to site-specific analysis, the following mitigation measures apply to all G&G activities within the AOI for which BOEM authorization is required:

The U.S. National Marine Fisheries Service proposes to issue the U.S. Marine Corps an authorization to take marine mammals, specifically bottlenose dolphins (Tursiops truncatus), by harassment, incidental to training operations at the Marine Corps’ Cherry Point Range Complex, North Carolina from September 2014 to September 2019. In this action, NMFS proposes to amend the regulations to establish a framework for authorizing the take of marine mammals incidental to the Marine Corps’ military training operations, and to issue a subsequent Letter of Authorization to the Marine Corps, which would contain mitigation, monitoring, and reporting requirements. Per the Marine Mammal Protection Act , NMFS requests comments on its proposal to issue regulations and a subsequent Letter of Authorization to the Marine Corps.  NMFS must receive comments on or before August 14, 2014.

The U.S. Bureau of Ocean Energy Management has published BOEM’s Record of Decision for WPA Lease Sale 238, most recently analyzed in the Gulf of Mexico OCS Oil and Gas Lease Sales: 2014–2016; Western Planning Area Lease Sales 238, 246, and 248.  BOEM has also published its Final Supplemental Environmental Impact Statement for this lease sale (WPA 238, 246, and 248 Supplemental EIS).

Click here for BOEM’s Federal Register notice of this ROD.

Click here for BOEM’s Final Supplemental Environmental Impact Statement.

The U.S. National Marine Fisheries Service Has Extended the public comment period on NMFS’ June 26, 2014, 90-day finding on a petition to designate the Central NorthPacific population of humpback whale (Megaptera novaeangliae) as a Distinct Population Segment (DPS) and to delist the DPS under the Endangered Species Act (ESA). As part of that finding, NMFS solicited scientific and commercial information about the status of this population and announced a 30-day comment period to end on July 28, 2014. NMFS has extended that public comment period to August 27, 2014. Click here to read NMFS’ Federal Register notice extending the comment period.

The U.S. National Marine Fisheries Service proposes to issue an Incidental Harassment Authorization SAExploration, Inc., to take marine mammals, by harassment, incidental to a marine 3-dimensional ocean bottom node seismic surveys program in the state and federal waters of the Beaufort Sea, Alaska, during the open-water season of 2014.

NMFS’ Federal Register notice of this proposed IHA explains, “NMFS does not expect any marine mammals will incur serious injury or mortality in the shallow waters off Beaufort Sea or strand as a result of the proposed seismic survey.”

The U.S. Marine Mammal Commission held its annual meeting in May, 2014.  The MMC has posted abstracts for presentations at this meeting, which was organized around five themes:

1) Understanding and managing the impacts of climate change and increased human activities;

2) Offshore energy development;

3) Marine mammal strandings—Maximizing their value for understanding ocean health, wildlife health, and connections to human health;

4) Marine mammal bycatch in U.S. and global fisheries; and

5) Issues associated with increasing marine mammal stocks.

Click here to read abstracts for the meeting presentations on these five themes.

NMFS has issued an Incidental Harassment Authorization to BP Exploration (Alaska) Inc., to take marine mammals, by harassment, incidental to conducting a shallow geohazard survey in Foggy Island Bay, Beaufort Sea, Alaska, during the 2014 open water season. This IHA is effective July 1, 2014, through September 30, 2014. The purpose of this proposed survey is to evaluate the existence and location of archaeological resources and potential geologic hazards on the seafloor and in the shallow subsurface.

This IHA, and NMFS’ response to comments on the proposed IHA, are available here.