Navigating Regulation & Misinformation: Advancing the Geophysical Industry in a Complex Regulatory Environment

Transcription

1 Navigating Regulation & Misinformation: Advancing the Geophysical Industry in a Complex Regulatory Environment Global Regulatory Trends: Overview of Recent U.S. Regulatory Developments Sarah Courbis, Ph.D. Marine Mammal Specialist Ecology & Environment, Inc. October 20, 2016 International Association of Geophysical Contractors Workshop Society for Exploration Geophysicists International Exposition and 86 th Annual Meeting

2 Recent Developments Ocean Noise Strategy Roadmap NOAA Technical Guidelines for acoustic impact assessment GoM PEIS/rulemaking Navy court case for low frequency sonar ONMS and Flower Garden Banks expansion proposal Regional Planning Bodies ESA listing USFWS proposed PEIS & intent for rulemaking for MBTA permits

3 Ocean Noise Strategy Roadmap Goals Science Management Decision Support Tools Outreach Strategies Review species level impacts Manage acoustic habitats Characterize aquatic soundscapes Apply risk assessment in place-based framework

4 Ocean Noise Strategy Roadmap Chronic & cumulative impacts Habitats and soundscapes Fish, invertebrates, & turtles Planning Technology Place-based management Predictive modeling and acoustic research Identify high risk habitats & priorities for noise management Partnerships & inter-agency coordination Overall, intent to create more guidance, programmatic approaches, placed-based measures, and partnerships Sources contributing to ocean soundscapes (Figure: Mike Thompson, NOAA/SBNMS)

5 NOAA Technical Guidelines for acoustic impacts TTS & PTS Does not address Level B harassment/monitoring zones Shift from rms sound pressure level to peak sound level and cumulative sound exposure High, med, and low-frequency cetaceans, seals, sea lions Weighting functions for cumulative sound Assumptions (e.g. 24 hr, no recovery between exposures) Proxy species/few individuals/no PTS Simplified model spreadsheet Total vs individual takes Does not address mitigation directly

6 NOAA Technical Guidelines for acoustic impacts Appendix D Note: The alternative methods, within this Appendix, include multiple conservative assumptions and therefore would be expected to typically result in higher estimates of instances of hearing impairment. The larger the scale of the activity, the more these conservative overestimates would be compounded if the alternative methodologies were used. Pay close attention to the assumptions & limitations of the models provided!

7 GoM PEIS/rulemaking It is expected that industry applicants seeking to conduct G&G activities in the GOM would seek both BOEM and NMFS approval. Evaluating alternatives that include varied mitigations and reduced activities minor to moderate impacts on marine mammals Gulf G&G Marine Mammal Monitoring Plan under development Incidental Take Regulations from NMFS w/ individual Incidental Take Authorizations under LOAs how will NOAA implement? (Sept 2017) Some examples of issues Use different thresholds & weighting than new criteria Admit conservative overestimates that don t address uncertainty or mitigation Acknowledge value of risk assessment but don t do it

8 GoM PEIS/rulemaking They [take estimates] do not take into account any mitigation measures This estimate does not reflect an actual expectation that marine mammals will be injured or disturbed; it is an overly conservative estimate. The existing modeling largely does not account for uncertainty data inputs and also selects highly conservative data inputs. numbers estimated for incidental exposures of marine mammals, are higher than BOEM expects would actually occur. Each of the inputs into the models is purposes developed to be conservative, and this conservativeness accumulates throughout the analysis. BOEM does not believe that every exposure to sound results in take as defined by the MMPA s Section 101(A)(5)(A-D). Using the model estimates most often request accepting a worst-case scenario, which ultimately equates numbers of exposures to the number of takes

9 Navy Low Frequency Sonar in Towed Array Set of transmitting projectors with sound pulses at 215 db per element in 60 sec sequences (16 elements db) NRDC v. Pritzker Conflated least practicable adverse impact with negligible impact requires both Did not establish means of effecting the least practicable adverse impact on marine mammals Take home message: It is insufficient to mitigate to negligible impact, must be to least practicable adverse impact (which potentially considers individuals and populations)

10 ONMS Flower Garden Banks Expansion Preferred alternative 11 discrete boundaries totaling 383 sq mi (original size 56 sq mi)

11 ONMS Flower Garden Banks Expansion Alternative sq mi 45 areas

12 ONMS Flower Garden Banks Expansion Some sanctuaries specifically prohibit oil & gas exploration & development Most sanctuaries prohibit marine mammal take, but usually make exception for permitted take under MMPA, ESA Most prohibit seabed alteration Flower Garden Banks makes exceptions outside no-activity zones and may accept some leases, permits, and licenses with conditions There will be a proposed rulemaking with expansion No commercial permits from sanctuaries

13 Regional Planning Bodies National Ocean Policy Nine planning regions Draft plans for NE & Mid-Atlantic Not regulatory Best practices for decision making Worth following & commenting

14 ESA listing Bryde s whale GoM candidate DPS: pop = 33; 20 skin samples 20 yrs Critical habitat? Humpback Whale split into 14 DPS, 4 (E) & 1 (T) Doesn t match SAR: American Samoa, CA-OR-WA, CNP, Gulf of Maine, WNP Rosel & Wilcox 2014 Waring et al SAR

15 ESA listing Candidates Giant, reef, & Caribbean mantas Oceanic white-tip shark Thorny skate Pacific Bluefin tuna Chambered nautilus Indo-Pacific humpback dolphin Chambered nautilus. Photo: Monterey Bay Aquarium Proposed Argentine angel shark (E) Brazilian guitarfish (E) Daggernose shark (E) Smoothhound shark (E) Narrownose shark (T) Spiny angle shark (T) Gulf grouper (E) Island grouper (E) Blackchin guitarfish (E) Common guitarfish (E) Maui s dolphin (E) South Island Hector s dolphin (E) Oceanic whitetip shark. Photo: Brian Skerry

16 USFWS proposed PEIS & intent for rulemaking for MBTA permits Published intent to PEIS to for authorization of incidental take of migratory birds under MBTA 5/26/15 Approximately 1,026 listed birds Harassment as take? Process pitfalls similar to marine mammals American white pelican. Photo from Wikipedia Audobon s shearwater. Photo from Wikipedia

17 Summary A lot is happening in wildlife management & permitting Potential for important impacts to G&G and other industry activities Make public comments, share your expertise, support industry organizations to do so Consider current and pending requirements in technology & activity planning and development Go to the table with knowledge don t rely on agencies Don t wait until the last minute to prepare for these changes Manta ray at Flower Garden Banks NMS. Photo NOAA Bryde s whale. Photo NOAA Thorny skate. Photo NOAA Manatee. Photo Wikipedia

18 FIN Dr. Sarah Courbis