Seismic Survey - Acoustic Disturbance

• The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001
• The Offshore Petroleum Activities (Conservation of Habitats) (Amendment) Regulations 2007

These Regulations cover seismic survey or geological survey in offshore waters and require written consent from the Secretary of State before undertaking a seismic or geological survey.  Amendments made under the 2007 Regulations extend this requirement to include all UK waters.  New Guidance incorporating the 2007 amendments is currently being drafted (see Pending Legislation ).

Regulation 5 of the 2001 Regulations also requires the Secretary of State to consider whether an “appropriate assessment” (known as a Habitats Regulatory Assessment) should be undertaken prior to granting a licence under the Petroleum Act 1998.  The 2007 amendments also extend this requirement to all UK waters.

• Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007
• The Conservation of Species and Habitats Regulations 2010
• The Conservation (Natural Habitats &c.) Regulations 1994 (as amended) (now apply in Scotland only)

These Regulations make it an offence to deliberately disturb wild animals of a European Protected Species (EPS) in such a way as to significantly affect a) the ability of any significant group of animals to survive or breed or b) the local distribution or abundance of that species. If appropriate a Wildlife Licence might be required.

2009 Amendment Regulations insert more detailed provisions for the surveillance of natural habitats and species of Community interest, and the monitoring of incidental capture and killing of European protected species following discussions with the EU to ensure full compliance with the EU Birds and Habitats Directives.

• Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999

• Offshore Production and Pipelines (Assessment of Environmental Effects) (Amendment) Regulations 2007

An EIA will be required for seismic survey under these Regulations if the survey is likely to occur in an area sensitive to cetaceans or other European Protected Species. The 2007 amendments implement the requirements of the Public Participation Directive.

• Food and Environment Protection Act 1985 (FEPA)

Where a "deposit" may be made on the seabed e.g. with ocean bottom cable, a licence will also be required under FEPA.

• EC Directive 92/43/EC (Habitats Directive)
• EC Directive 2009/147/EC (Birds Directive)
• Section 9 of the Wildlife and Countryside Act 1981

The EC Birds and Habitats Directives are implemented through the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 for offshore waters and through the Conservation (Natural Habitats &c.) Regulations 1994 (as amended) (in Scotland) and the Conservation of Species and Habitats Regulations 2010 in England and Wales for inshore waters and onshore.

• 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).
• Convention on Migratory Species 1979 (Bonn Convention)
• Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas

• Guidance Notes on The Offshore Petroleum Activities (Conservation Of Habitats) Regulations 2001

These guidelines apply to any oil and gas survey or shallow drilling activity and describe the PON14A application process. Note – these Guidance Notes are currently being reviewed and updated in line with 2007 Amendment Regulations.  

• JNCC guidelines for minimising the risk of disturbance and injury to marine mammals from seismic surveys (August 2010) (pdf)

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. Additional information is also available on the JNCC seismic website.

• Guidance Notes for Oil and Gas Surveys and Shallow Drilling – October 2005

These Guidance notes are currently being reviewed and amended in light of The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2007 and revised guidance will be issued in due course.

• Guidance on the Deliberate Disturbance of Marine European Protected Species (pdf) - Interim Guidance for English and Welsh Territorial Waters and UK Offshore Waters - March 2008 (see Pending Legislation for status)

These Guidelines explain the requirements of the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 (see Performance Standards) and where a Wildlife Licence might be required. Note that these guidance notes do not include Scottish Territorial Waters and guidance should be sought from SNH or the Scottish Government on activities in these areas.

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 Habitats Regulatory Assessment) may also be required for any survey that could affect a protected habitat or species (see EIA Application).

A licence under FEPA will also be required where any deposit on the seabed is planned, for example installation of seabed equipment for 4D seismic.

Where there is a risk to European Protected Species that cannot be removed or sufficiently reduced by the taking of mitigation measures, then a Wildlife Licence may be required for a number of categories of activities (see Wildlife Licence).

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.

Application may also be made through the PON15 application process as appropriate (e.g. for VSP operations), see Drilling Chemicals or Workover for more information on the PON15 application process.

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.

Consent applications will require an assessment of potential disturbance to protected species (see Performance Standards) to meet JNCC requirements.

The DECC 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.

The completed PON14A should be submitted by email to DECC EDU ED Environmental Management Team (EMT@decc.gsi.gov.uk). DECC 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 DECC UK Oil 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.

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 DECC 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 a Habitats Regulatory Assessment under the Habitats Directive is possible.

Shorter notice is possible for some site surveys, however a minimum of 14 days is required (see Geological Survey). 

Where a FEPA licence is required 6-10 weeks should be allowed for the application process.

If a survey is cancelled, DECC should be advised immediately by email. Local fishing organisations will be informed by DECC.

If a survey is delayed or there are any substantial changes (e.g. large increase in survey area) this should be notified to DECC by sending a new updated PON14A as soon as possible, or at least a week before commencement. To avoid frequent updates, DECC recommends recording earliest possible start date and latest possible end date on the original PON14A submission.

The JNCC has produced a report that identified areas within which future sites may be designated and this is available through the JNCC website. 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).

Further details on the requirements for assessment under the Habitats Directive are available on the Habitats Regulatory Assessment page.

Under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007, a person commits an offence if he:

• Deliberately disturbs a European Protected Species in such a way as to be likely significantly to affect:
  • the ability of any significant group of animals of that species to survive, breed, or rear or nurture their young; or
  • the local distribution or abundance of that species.

Marine European Protected Species (EPS) include all species of cetaceans, all species of marine turtles and sturgeon.

The onus is on the developer carrying out an activity to (i) assess the likelihood of committing a disturbance offence (ii) consider the need for mitigation measures and (iii) decide whether to apply for a Wildlife Licence.

A description of the assessment of the likelihood of committing a disturbance offence must be included in the PON14A application. Guidance on undertaking such an assessment is included in the JNCC's Guidance on the Deliberate Disturbance of Marine European Protected Species (pdf) - March 2008 .

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 will be required 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.

A further duty is to ensure that the JNCC reporting forms are completed for inclusion in the MMO report.

In addition to the visual mitigation provided by MMOs, if seismic surveys are planned to start during hours of darkness or low visibility it is considered best practice to deploy Passive Acoustic monitoring (PAM).

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. 

If there is a risk which cannot be removed or sufficiently reduced by the taking of mitigation measures then a Wildlife Licence (or EPS Disturbance Licence) may be required to be granted by the regulatory authorities for a number of "purposes". Purposes include "over-riding public interest" and "scientific and educational purposes". Licences can however only be issued where there is no satisfactory alternative. It is expected that the majority of activities will not require a wildlife licence since their potential for disturbance will fall below the threshold of the office in the Regulations. See the European Protected Species (EPS) page for further information.

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.oilandgasuk.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 DECC 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. 

Properly qualified MMOs, as required by the JNCC, should be used to monitor and record the presence and abundance of marine mammals on JNCC proforma.

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) (the latest reporting Templates are available on the JNCC website); and
• Details of watches made for marine mammals and the seismic activity during watches (using standard forms).

All Survey Closeout Reports (PON14A) plus required attachments as detailed on the PON14A should be submitted to the PON14 Coordinator at EMT@decc.gsi.gov.uk

In addition PON14As for site surveys should be submitted to the MEDIN Coordinator, BGS and for seismic surveys (except site surveys) to Schlumberger Information Solutions. Contact details are provided on the PON14A.

Non-compliance with PON14A requirements would result in a cessation of operations and could result in prosecution and/or the revocation of the Seaward Exploration or Production License 

PON14A – see 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. 

JNCC Interim Guidance on Disturbance of Marine European Protected Species

JNCC has produced draft guidance, but the final draft has still to be approved by Defra lawyers and the guidance has not been adopted by the Scottish Government.

In the meantime, JNCC will provide copies of the draft guidance for information if required.

The Offshore Marine Conservation Regulations introduced offshore controls to protect European Protected Species, as required under Article 12 of the Habitats Directive and these have supplemented and amended controls that were available in territorial waters under Conservation (Natural Habitats) Regulations.

DECC will be the regulator for offshore energy-related activities, apart from in Devolved Authority territorial waters.

There is currently no formal application process - operators are including disturbance assessments for seismic surveys and piling operations in sensitive areas based on JNCC guidance. DECC has held meetings have been held with other regulators and the Statutory Nature Conservation Agency (SNCA) consultees, to try to agree similar application forms and assessment processes. Developments are taking account of requirements of Noise Descriptor under Marine Strategy Framework Directive (MSFD)

The PON14A form has been amended to include elements relating to the Disturbance Licensing and MSFD requirements, and awaiting comments on amendments from SNCAs.

Guidance Notes for Oil and Gas Surveys and Shallow Drilling – October 2005 are currently being reviewed and amended in light of The Offshore Petroleum Activities (Conservation of Habitats) Regulations 2007 and revised guidance will be issued in due course.

The Marine & Coastal Access Act 2009 includes provisions enabling Ministers to designate and protect a new type of marine protected area, to be called Marine Conservation Zones (MCZ). MCZs will exist alongside European marine sites (SACs and SPAs), to form a marine protected areas network. Existing Marine Nature Reserves at Lundy and Skomer will be converted into MCZs.

More information can be found on the DEFRA website.

In Scottish internal and territorial waters, the Marine (Scotland) Act 2010 has similar provisions for the creation of Marine Protection Areas (MPAs). The Marine & Coastal Access Act 2009 also makes provision for executive devolution to the Scottish Ministers of certain additional functions including nature conservation and enforcement. This will result in the Scottish Ministers becoming the lead competent authority for most marine nature conservation functions across both territorial and offshore waters around Scotland. It will ensure that a single authority has primary responsibility thereby facilitating a more integrated approach. Powers devolved to the Scottish Ministers include licensing of activities that would otherwise constitute an office under the Offshore Marine Conservation (Natural Habitats &c.) Regulations 2007 with the exception of oil and gas activities which remains with DECC.