The United States Bureau of Ocean Energy Management (BOEM) has released a draft Programmatic Environmental Impact Statement (PEIS) which recommends strong protection for marine environment and mammals belonging to the Gulf of Mexico from the potential impacts of Geological and Geophysical (G&G) surveys related to oil and natural gas.
What is PEIS?
PEIS is a draft statement developed to evaluate the potential and significant impacts of environment from multiple geological and geophysical activities carried out within the federal waters of the Gulf of Mexico’s (GOM) Outer Continental Shelf (OCS) and its adjacent waters.
Who are participating agencies involved in the initiative?
The following are the cooperating agencies involved in drafting of PEIS which is derived from the existing National Environmental Policy ACT (NEPA).
- Bureau of Ocean Energy Management (BOEM)
- National Oceanic and Atmospheric Administration’s (NOAA)
- National Marine Fisheries Service (NMFS)
- Bureau of Safety and Environmental Enforcement (BSEE)
Why is PEIS required?
The PEIS is a programme created by BOEM and NMFS to provide the necessary documentation and analysis report which is required to support decisions regarding future Outer Continental Shelf Lands Act (OCSLA) Permit, Marine Mammal Protection Act (MMPA) and handles authorization actions related to G&G activities on the OCS.
Furthermore, the preparation of the PEIS initiative will help to ensure compliance with other applicable laws and statutes that are mentioned below:
- Endangered Species Act (ESA)
- Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA)
- Coastal Zone Management Act (CZMA)
- National Historic Preservation Act (NHPA)
Overview of PEIS:
The program is applicable in the Federal waters of Gulf of Mexico and its adjacent state waters where BOEM does not have authority over the state waters but National Marine Fisheries Service (NMFS) has control over the state waters.
The Area of Interest includes the adjacent state waters for the following reasons:
- Assessment of impacts to marine resources carried out by NMFS.
- The main program activities mainly oil & gas, renewable energy and marine minerals survey in the federal and state waters carried out by Geological and Geophysical (G&G) activities.
- The possible adverse impacts associated with G&G activities that could affect the resources belonging to the federal and state waters.
Proposed action plan:
BOEM has proposed to continue the issuance of permits and/or authorizations under its authority for G&G activities in the U.S. portion of the GOM. The proposed action plan specifically includes the following:
- Continuance of BOEM’s permitting process and mandates for G&G operations in the GOM subject to regulatory authority as described in 30 CFR 551, 580 and 585, Subsection 8(k) of OCSLA and Subsection 8(p) of OCSLA, as set forth in Section 388(a) of the Energy Policy Act of 2005;
- Continuance of G&G activities conducted under a lease as described in 30 CFR 550.
Focus of PEIS:
The PEIS will focus on assessing the impacts of Geological surveys (bottom sampling and test drilling), Geophysical surveys (deep penetration, high resolution, electromagnetic, deep stratigraphic, and remote sensing), and other G&G exploration and production related activities carried out in the federal and surrounding state waters.
The G&G activities carried out should not do the following:
- Interfere with or endanger operations under any lease or right-of-way or permit issued;
- Cause harm or damage to aquatic life, property, or to the marine, coastal, or human environments;
- Cause harm or damage to any mineral resource (in areas leased or not leased);
- Cause pollution;
- Create hazardous or unsafe conditions;
- Unreasonably interfere with or harm other uses of the area; or
- Disturb archaeological resources.
The responsibility of NMFS under the MMPA issues prohibition and ensures that marine animals cannot be harassed, hunted, captured, killed or collected, or attempt to be harassed, hunted, captured, killed or collected without a valid permit. The NMFS is responsible for issuing authorizations for the taking (by harassment) of marine mammals’ incidental to the permitted agencies conducting G&G activities in Federal and state waters under MMPA.
The NMFS will use this NEPA document to help support the MMPA rulemaking decision of Incidental Take Authorizations (ITA) authorizations to operators and lessees. Through these authorizations, NMFS must also identify the following:
- Permissible methods of taking pursuant to the activity and the specified geographical region of taking;
- The means of effecting an unmitigable adverse impact on the species or stock and its habitat and on the availability of the species or stock for “subsistence” uses; and
- Requirements for monitoring and reporting, including requirements for the independent peer review of proposed monitoring plans where the proposed activity may affect the availability of a species or stock for taking for subsistence uses.
On September 28, American Petroleum Institute Upstream Director Erik Milito responded that, “Seismic testing has been safely used in the US and around the world for decades to locate potential new sources of energy, and we will be reviewing the PEIS in the coming weeks”. He further added, “Marine life and commercial fishing have thrived in the Gulf of Mexico for more than 30 years while scientists and industry experts have used safe technology without a single case of harm to animals”.
International Association of Geophysical Contractors President, Nikki Martin on 29th September who is evaluating the draft PEIS stated, “to ensure BOEM’s framework for permitting seismic exploration and suggested mitigation measures are proportionate to the level of risk of potential impacts to marine life, based on sound science and within [the US Department of the Interior agency’s] existing legal framework”.
A spokeswoman from National Ocean Industries Association expressed that the Gulf of Mexico is the primary source of the nation’s offshore energy production, and seismic testing is necessary to locate oil and gas resources there. She further expressed, “Seismic testing has been safely conducted for decades around the world and in the Gulf of Mexico where rich tourism and fishing industries coexist with and thrive alongside offshore oil and natural gas development. We are currently reviewing the draft programmatic EIS and look forward to providing BOEM with constructive feedback”.
On 28th September, the agency reported that the draft between BOEM and NRDC is a condition of a federal court settlement which also includes other complainants. Explanations will be accepted for 60 days following its scheduled Federal Register publication on September 30. BOEM has also arranged five public meetings starting from 9th November held along the Gulf Coast, New Orleans.
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Source: BOEM
