The Regulation of Seismic Exploration in the United States

The U.S. National Marine Fisheries Service has received multiple requests for authorization under the Marine Mammal Protection Act to take marine mammals incidental to conducting geophysical survey activity in the Atlantic Ocean. NMFS requests and invites information, suggestions, and comments on the applications. Comments and information must be received no later than August 28, 2015.

The take authorization applications include an application from Spectrum Geo Inc., followed by revised versions on November 25, 2014, May 14, 2015, and July 6, 2015; an application from TGS–NOPEC Geophysical Company on August 25, 2014, followed by revised versions on November 17, 2014, and July 21, 2015; an application from ION GeoVentures on September 5, 2014, followed by a revised version on June 24, 2015; and an application from TDI-Brooks International, Inc. on October 22, 2014.

The U.S. National Marine Fisheries Service has sent out the following notice:

“The National Oceanic and Atmospheric Administration (NOAA) is pleased to announce the upcoming availability of an updated version of “Draft NOAA Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing: Acoustic Threshold Levels for Onset of Permanent and Temporary Threshold Shifts” for a second 45-day public comment period. The changes to the updated version of this document are based on recent science and comments from the initial public comment period (December 2013-March 2014). The public comment period for the Guidance will open Friday, July 31.

The U.S, Bureau of Ocean Energy Management has published a Record of Decision for proposed oil and gas WPA Lease Sale 246, which is scheduled for August 19, 2015. The proposed lease sale is in the Gulf of Mexico’s WPA off the states of Texas and Louisiana. Proposed WPA Lease Sale 246 is the fourth WPA lease sale scheduled in the OCS Oil and Gas Leasing Program for 2012–2017. In making its decision, BOEM considered two alternatives to the proposed action, the potential impacts as presented in the WPA 246 and 248 Supplemental Environmental Impact Statement, and all comments received throughout the National Environmental Policy Act process. The Western Planning Area 246 and 248 Supplemental EIS evaluated the environmental and socioeconomic impacts for proposed Western Planning Area Lease Sale 246.

The following statement was recently posted by the U.S. National Academy of Sciences:

“STATEMENT OF TASK

Committee on Environmental Science and Assessment for Ocean Energy Management

The National Research Council’s Ocean Studies Board and Board on Earth Sciences and Resources will establish a committee to provide ongoing assistance to the Bureau of Ocean Energy Management (BOEM) in its efforts to manage development of the nation’s offshore energy resources in an environmentally and economically responsible way. The committee will meet regularly to:

• convene experts from academia, industry, and other organizations to provide independent, technical input on issues of interest to BOEM’s environmental studies and assessment programs, and potentially other programs;

The U.S. National Marine Fisheries Service MFS has issued an Incidental Harassment Authorization to SAExploration, Inc. to take, by harassment, small numbers of marine mammals incidental to a marine 3-dimensional ocean bottom node seismic survey program in the Beaufort Sea, Alaska, during the 2015 Arctic open-water season. This IHA is effective July 1, 2015, through October 15, 2015. NMFS’ Federal register notice of this IHA includes NMFS’ responses to several comments by the Marine Mammal Commission on the proposed IHA.

Click here to read NMFS’ Federal Register notice of this IHA.

The National Research Council of the U.S. National Academy of Sciences has sent out the following notice:

“The National Research Council’s Ocean Studies Board and Board on Earth Sciences and Resources are soliciting nominations for individuals to serve on the Committee on Environmental Science and Assessment for Ocean Energy Management. This committee is sponsored by the Bureau of Ocean Energy Management (BOEM).

BOEM has asked the National Research Council to convene a standing committee to provide scientifically credible, independent, and objective perspectives and information on issues of relevance to BOEM’s environmental assessment and studies programs and to facilitate and support discussions on those issues. Please see the attached document for the Statement of Task.

The U.S. National Marine Fisheries Service has issued an Incidental Harassment Authorization to Hilcorp Alaska, LLC to take, by harassment, small numbers of marine mammals incidental to a shallow geohazard survey in the Beaufort Sea, Alaska, during the 2015 Arctic open-water season. This IHA is effective July 1, 2015, through September 30, 2015.

NMFS’ Federal Register notice of this final IHA responds to comments filed by the U.S. Marine Mammal Commission on the proposed IHA. There follows NMFS’ rejection of the MMC’s argument that “the sub-bottom profiler, echosounder, and other sonars are nonimpulsive acoustic sources and that NMFS should use the behavioral harassment threshold of 120 dB re 1 mPa instead of 160 dB”:

The U.S. Fish and Wildlife Service has published its draft Polar Bear Conservation Management Plan. The polar bear is listed as threatened under the Endangered Species Act of 1973 and is also considered ‘‘depleted’’ under the Marine Mammal Protection Act of 1972. The draft Polar Bear Plan identifies objective, measurable recovery criteria, site-specific recovery actions, and time and cost estimates, and also serves as a conservation plan. FWS requests review and comment on the draft Polar Bear Plan from agencies, organizations, and individuals with an interest in polar bear conservation.

The U.S. National Marine Fisheries Service proposes to issue to ExxonMobil Alaska LNG LLC, an Incidental Harassment Authorization to take marine mammals, by harassment, incidental to a geophysical and geotechnical survey in Cook Inlet, Alaska. This survey would investigate the technical suitability of a pipeline study corridor across Cook Inlet and potential marine terminal locations near Nikiski. The proposed activity would occur for 12 weeks during the 2015 open water season after August 7, 2015. The following specific aspects of the proposed activities are likely to result in the take of marine mammals: sub-bottom profiler (chirp and boomer), and a seismic airgun. Take, by Level B Harassment only, of individuals of four species is anticipated to result from the specified activities.

The U.S. Bureau of Ocean Energy Management has contracted with the U.S. National Academy of Sciences for a new NAS standing committee that “will provide independent information on issues relevant to BOEM’s environmental studies and assessment activities and support discussions on relevant issues.” BOEM issued a press release that reads in part as follows:

“The Bureau of Ocean Energy Management (BOEM) announced today an agreement to have the National Academies establish a new standing committee on environmental science and assessment for offshore energy and mineral resources. The committee will provide independent information on issues relevant to BOEM’s environmental studies and assessment activities and support discussions on relevant issues. The committee’s services will be provided under a three-year contract with the National Research Council (NRC), the operating arm of the National Academy of Sciences (NAS) and the National Academy of Engineering (NAE).