Minimising Acoustic Disturbance by Seismic Surveying

Last updated: 14 July, 2006

Legislation
Key Legislation and Guidance	· The Offshore Petroleum Activities (Conservation Of Habitats) Regulations 2001 These Regulations cover seismic survey or geological survey in offshore waters. · Guidance Notes on The Offshore Petroleum Activities (Conservation Of Habitats) Regulations 2001 · The Conservation (Natural Habitats, etc.) Regulations 1994 and the Conservation (Natural Habitats, etc.) Regulations Northern Ireland 1995. These Regulations cover seismic survey or geological survey in territorial seas or inland waters (within 12 miles). These Regulations are currently being amended (see Pending Legislation). · Guidance Notes for Oil and Gas Surveys and Shallow Drilling – October 2002 These guidelines apply to any oil and gas survey or shallow drilling activity and describe the PON14 application process. · Guidelines For Minimising Acoustic Disturbance To Marine Mammals From Seismic Surveys 2004 These guidelines are aimed at minimising acoustic disturbance to marine mammals from seismic surveys and other operations where acoustic energy is released. Application of the guidelines is mandatory. The guidelines apply to all marine mammals, including seals, whales, dolphins and porpoises. All surveys using higher energy seismic sources (including site surveys as well as large scale seismic surveys) must comply with these guidelines or risk prosecution. · Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 An EIA will be required for seismic survey under these Regulations if the survey is likely to occur in an area sensitive to cetaceans. · Food and Environment Protection Act, 1985
Supporting Legislation	· Habitats Directive 92/43/EC · Wild Birds Directive 79/409/EEC · Section 9 of the Wildlife and Countryside Act 1981 (equivalent in Northern Ireland is Article 10 of the Wildlife (Northern Ireland) Order 1985). · Convention on the Conservation of European Wildlife and Habitats (the Bern Convention) and Article 12 of the EC Habitats and Species Directive (92/43/EEC). · Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas
Consent Needed and How to Obtain It
Consent Needed	Consent for survey is required for all seismic surveys and high resolution seismic site surveys on the UKCS. Additional requirements may also apply within license conditions. Seismic surveys within internal or territorial waters (up to 12 miles offshore) do not currently require consent (as there is no legal provision) but notification of survey is required. An EIA may be required for seismic and high resolution surveys in sensitive sea areas such as Cardigan Bay, English Channel, Moray Firth, St George’s Channel and deep waters areas to the west and north of the UK. EIA (and appropriate assessment) may also be required for any survey that could affect a protected habitat or species (see EIA Application). A license under FEPA will also be required where any deposit on the seabed is planned, for example installation of seabed equipment for 4D seismic.
How to Apply for it	Application for Consent must be made using the PON14A (see PON14A Template). If the survey involves a number of survey techniques, a single PON14A should be submitted. Information required for completion of the PON14A, includes: · Type of survey; · Location and timing (earliest possible start and latest possible finish dates) of survey; · Details of equipment and vessel; · License details; and · Consultations undertaken. Any EA required should include a short description of the activity, an assessment of sensitivities, an assessment of possible interactions, mitigation measures and details of any other surveys in the area with the potential for cumulative impacts. If the survey is to be undertaken within a site designated under the Habitats Directive, additional information will be required. The DTI has the duty to ensure as far as possible that all interested parties are consulted but this should not preclude direct consultation prior to surveys. Any FEPA Consent required should be undertaken using Form FEP5.
Who to Apply To	The completed PON14A should be submitted by email to the DTI Oil and Gas office (environmentalmanagementteam@dti.gsi.gov.uk). The DTI will forward a copy to the statutory consultees (JNCC, FRS and DEFRA). For the time being, the completed PON14A should also be copied by the applicant to British Telecom, NAVAREA One Co-ordinator, Ministry of Defence, MCA and Kingfisher Bulletin. For surveys within 6 miles of shore, a copy of the PON14A should also be sent to the relevant statutory fishery committee (SFC). Contact details are provided in Appendix B of the PON14A. This step will not be necessary when the DTI Oil and Gas Portal is fully operational, the timing of this is not known. FEPA applications to be sent to the FRS in Scotland, or DEFRA in England and Wales.
When to Apply	28 days before proposed survey. Where the survey is likely to be in an area of importance to cetaceans or where the Habitats or Wild Birds Directives may apply, contact with the DTI and JNCC should be made as early as possible, and at least 2 months before the survey. Early contact is particularly important where an EIA may be required or where an appropriate assessment under the Habitats Directive is possible. Shorter notice is possible for some site surveys, however a minimum of 14 days is required.
What to do in the Event of Cancellations and Delays	If a survey is cancelled, DTI should be advised immediately by email. Local fishing organisations will be informed by DTI. If a survey is delayed or there are any substantial changes (e.g. large increase in survey area) this should be notified to the DTI by sending a new updated PON14A as soon as possible, or at least a week before commencement. To avoid frequent updates, the DTI recommends recording earliest possible start date and latest possible end date on the original PON14A submission.
Performance Standards – Requirements for Planning of Seismic Survey
Identify Whether Seismic Survey is in or near a Protected Area under the Habitats Directive	The JNCC has produced a report that identified areas within which future sites may be designated and this is available at http://www.jncc.gov.uk/Publications/JNCC325/intro325.htm. Until sites are officially designated, these areas will be treated as if they were sites. If survey is within these areas or close by, consultation should be undertaken with the JNCC as soon as possible. Regulations are currently out to consultation that will enable the statutory designation of sites (see Pending Legislation).
Identify Whether Seismic Survey is in a Area Frequented by Marine Mammals and if the Activity will Adversely Affect any Fisheries	Contact the Joint Nature Conservation Committee (JNCC, Monkstone House, City Road, Peterborough, PE1 1JY, 01733 562626) to determine the likelihood that marine mammals will be encountered. In sensitive areas, the JNCC may request precautions in addition to those outlined below (for example, the special conditions attached to some oil and gas licenses).
What to do if it is a it is an Area Important to Marine Mammals	Operators should plan surveys so that their timing will reduce the likelihood of encounters with marine mammals, although at present there is limited information on their distribution in some areas. Operators should also seek to reduce and/or baffle unnecessary high frequency noise produced by air guns or other acoustic energy sources. In areas that are important, for marine mammals (as indicated in consultation with the JNCC) operators should seek to provide the most appropriately qualified and experienced personnel to act as Marine Mammal Observers (MMOs) on board the seismic survey vessel. If possible, such observers should be experienced cetacean biologists. As a minimum, it is recommended that observers should have attended an appropriate training course. JNCC will stipulate the number of MMOs required. In areas where marine mammals are abundant, properly conducted observation and recordings using qualified observers (see above) carried out before, during and after the seismic survey, can provide valuable information on its effect. If advised to do so by the JNCC, discuss any additional precautions, which can be taken to reduce disturbance and the design of any scientific studies with the Sea Mammal Research Unit.
Identify Whether Seismic Survey is in a Commercial Fishery Area and Sensitivity to Acoustic Disturbance	Identify sensitivity using Fishery Sensitivity Maps compiled from data collected and collated by Fisheries Research Services (FRS) and Centre for Environment, Fisheries and Aquaculture Science (CEFAS). In order to identify sensitivities by quadrant, the map of oil and gas activity on page 1 of the Fisheries Sensitivity Maps (also available on line from http://www.ukooa.co.uk) should be photocopied on to a transparent sheet. It can then be overlaid on the individual maps. Reference should also be made (where available for your sea area) to the DTI Strategic Environmental Assessments (SEA) where more up to date information is provided. Because commercial landings data are collected on a coarser scale than applies to oil and gas license blocks, the maps are only indicative of potential sensitivities. They should not be read too literally and an overly detailed interpretation is not advised.
What to do if it is a it is an Area Important to Commercial Fisheries	The Fisheries Liaison Officer should closely consult with the Scottish Fishermen's Federation (SFF) and the National Federation of Fishing Organisations (NFFO) to avoid serious disruption to the operations of either oil and gas exploration and production industry or the fishing industry; and to minimise any potential risk to fishing vessel navigation due to subsea installations.
FEPA Consent	If a Consent under FEPA has been granted for deposits on the seabed, the licensing authority may require that the deposited material be removed upon job completion. However, conditions are attached on a case-by-case basis.
Monitoring / Sampling Requirements
Monitoring	Properly qualified MMOs, as required by the JNCC, should be used to monitor and record the presence and abundance of marine mammals.
Reporting Requirements
What to Report	A Survey Closeout Report must be submitted. This requires information on the survey area covered and sail line kilometres shot. PON14A Survey Closeout Form. A report detailing marine mammals sighted (standard forms are available from JNCC), the methods used to detect them, problems encountered, and any other comments will help increase their knowledge and allow them to improve these guidelines. Reports should include the following information: · Date and location of survey; · Number and volume of airguns used; · Nature of air-gun discharge frequency (in Hz), intensity (in dB re. 1µPa or bar metres) and firing interval (seconds), or details of other acoustic energy used; · Number and types of vessels involved in the survey; · A record of all occasions when the air-guns were used, including the watch beforehand and the duration of the soft-start (using standard forms); · Details of any problems encountered during marine mammal detection procedures, or during the survey; · Marine mammal sightings (using standard forms); and · Details of watches made for marine mammals and the seismic activity during watches (using standard forms).
Who to Report to	Survey Closeout Report should be emailed to the DTI Licensing and Consent Unit (LCU-OED) by email. Marine mammal observation reports should be sent to the JNCC.
When to Report	Reports should be submitted post seismic survey.
Non Compliance
Surveying in Breach of PON 14 Requirements	Non-compliance with PON14 requirements would result in a cessation of operations and could result in prosecution and/or the revocation of the Seaward Exploration or Production License
Surveying in Breach of JNCC Requirements	Noncompliance could result in the injury or death of a marine mammal. The guidelines reflect principles which must be used by anyone planning marine operations that could cause acoustic or physical disturbance to marine mammals. The guidelines should ensure that all marine mammals in areas of proposed seismic survey activity are protected against possible injury, that disturbance is minimised and that the license to operate is not exposed.
Renewal
Renewal of Certificate of Exemption	PON14 – What to do in the Event of Cancellations and Delays FEPA Consent - licenses normally run for a period of twelve months after which you may apply for a renewal unless a previous license condition does not allow for this.
Pending Legislation
Offshore Marine Conservation (Natural Habitats &c.) Regulations 2003	Will apply both the Habitats Directive and the Birds Directive to UKASE waters up to a limit of 200 nautical miles from the baseline. The Regulations will put in place the statutory requirements and framework for identifying and establishing SPAs and SACs in UK offshore waters. The Regulations will encompass both site and species (e.g. cetaceans) protection. These Regulations are still in Draft form. The consultation documents can be viewed on the DEFRA website.
Snippets
DTI Position Paper	The DTI as regulator for the oil and gas industry has commissioned a major research project, part of which will look at all noise sources from offshore oil and gas activities and rank them according to their level of environmental concern. When complete, the Department, in co-operation with its statutory nature conservation adviser, the JNCC will use the report to inform the further development of its mitigation and management regime for oil and gas environmental noise. Until this information is available, the Department and the JNCC will continue to focus on those activities that it considers may have effects on marine mammals.
Planning Information Assistance	A CD-Rom - "How to plan seismic acquisition on the UKCS": has been developed by Hydrosearch Associates Ltd and funded jointly by UKOOA and the International Association of Geophysical Contractors.

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Uncontrolled copy when printed	Last Updated: 14 July, 2006