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High Energy Seismic Survey Review Process and Interim
Operational Guidelines
Overview
In late 1998, the High Energy Seismic Survey (HESS) Team completed
a two-year effort of developing a standardized set of application
review procedures and mitigation measures for high energy seismic
surveys proposed offshore central and southern California. The final
report, titled "High Energy Seismic Survey Review Process and
Interim Operational Guidelines for Marine Surveys Offshore Southern
California," is available for review at the Energy Division,
State Lands Commission, and Minerals Management Service (MMS)
offices. The report describes a coordinated process for the review
of high energy seismic survey permit applications for the geographic
area from Monterey Bay National Marine Sanctuary south to the Mexican
border in State and Federal waters (referred to as the "Study
Area").
High energy seismic surveys are defined as acoustic data acquisition
for the purposes of mineral resources exploration and/or development.
They are considered to be the use of airgun arrays for the geophysical
data acquisition commonly referred to as 2D and 3D seismic, but
excludes seafloor investigative processes such as side scan sonar
and shallow hazards surveys.
The HESS Team, convened by the MMS in September, 1996 and facilitated
by Ms. Alana Knaster of The Mediation Institute, was comprised of
various stakeholders, including representatives from federal, state,
and local agencies, as well as industry and environmental groups.
The HESS Team review process is designed to achieve several purposes:
a) provide a "roadmap" to applicants and the public
regarding each agency's role and requirements;
b) improve communication and coordination among the participating
agencies during each process phase; and
c) identify and provide opportunities for the public to give input
to the agencies on the issues to be addressed in the permit review
process.
In addition, the HESS Team hosted a panel of national experts in
marine mammal physiology, marine acoustics and geophysical survey
work to help compile a series of mitigation guidelines for seismic
testing, in order to ensure the protection of marine mammals from
project related impacts. Among the mitigation measures developed
by the group are: the establishment of safety zones and zones of
potential harassment; use and verification of transmission loss
models; ramp-up procedures to enable marine mammals an opportunity
to leave and deter others from entering the area prior to full use
of the airgun array; shipboard monitoring by qualified observers;
and aerial survey work.
Background
In 1988, the State Lands Commission (SLC) considered an application
from a consortium of companies for a high energy seismic survey
permit in State waters. In response to the substantial controversy
surrounding issues raised by commercial fishermen, recreational
divers and the environmental community, the SLC denied the application
and determined that an Environmental Impact Report (EIR)
must be prepared before it could consider future survey applications.
The SLC decision was litigated and, in 1990, the California Court
of Appeals affirmed the SLC's decision.
In the early 1990s, increasing concern and substantial controversy
surrounded the environmental effects of high energy seismic surveys
in both State and Federal waters. In particular, these concerns
included potential acoustic impacts of noise on the physiology and
behavior of marine mammals, impacts on commercial fishing, recreational
diving and fish eggs and larvae. Significant controversy regarding
the effects of underwater noise on marine organisms was generated
by a Scripps Institution of Oceanography proposal to conduct the
Acoustic Thermometry of Ocean Climate (ATOC) experiment offshore
California. This project, as well as others conducted by the Department
of Defense, increased the public awareness of noise related issues.
In 1995, Exxon, operator of the Santa Ynez Unit (SYU),
submitted a proposal to the MMS to conduct a 30-day high energy
seismic survey of the Santa Ynez Unit. The survey encompassed 16
leases
and covered 117 square miles offshore Santa Barbara County. This
was the first high energy seismic survey conducted offshore since
1988. The regulatory review of the project took eight months to
complete because of concerns expressed regarding the scope of environmental
review, Coastal
Commission jurisdiction, adequacy of mitigation requirements,
the timing of public participation, and the need for better agency
cooperation. This substantially increased the project review time
more than the two to four week project reviews in the 1980s.
In 1996, MMS saw the need to develop a process that meets the needs
of all interested parties. In early 1996, MMS polled stakeholders
for an expression of interest in forming a team to develop recommendations
for improving the process that regulatory agencies follow in reviewing
high energy seismic surveys. A broad cross-section of individuals
representing government agencies, the offshore oil and gas industry,
the geophysical industry, the commercial fishing industry, marine
research, and environmental organizations met in June, 1996. From
this gathering, the High Energy Seismic Survey (HESS) Team was formed.
The Team procured the services of Ms. Alana Knaster of The Mediation
Institute to facilitate all Team meetings. The first meeting was
held on September 30, 1996. The goals set by the Team were to reach
consensus on the application review process, including environmental
review, and develop a set of potential mitigation measures for high
energy seismic surveys proposed in the State of California and Federal
waters within the Team's proposed study area.
Summary of the Review Process
The following description of the review process of high energy
seismic surveys emphasizes the consideration of applications that
could be received over the next few years. On March 5, 1998, the
HESS Team recommended to the Regional Director of MMS and the Executive
Officer of the CSLC that a Joint Program Environmental Impact Statement/Environmental
Impact Report (PEIS/EIR)
be prepared. The decision to prepare the PEIS/EIR has been deferred
for future consideration. In the interim, proposals to conduct seismic
surveys in Federal waters will be reviewed pursuant to the National
Environmental Policy Act of 1969 (NEPA)
and the California Environmental Quality Act (CEQA)
guidelines. Prior to completion of the PEIS/EIR an EIR will be required
for any high energy seismic surveys in State waters. If and when
the Joint PEIS/EIR is approved by the MMS and certified by the SLC,
a Negative Declaration (ND)
tiering on the PEIS/EIR may suffice to meet the requirements of
CEQA to consider survey applications for work conducted in state
waters. Additionally, high energy seismic surveys occurring in both
state and federal waters may be considered for review under a joint
Environmental Assessment/Negative Declaration (EA/ND).
For further information, please contact Drew Mayerson, (805)389-7750,
at the Minerals Management
Service.
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