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In the meantime, an extension IAGC Leads Effort to Ensure To illustrate this problem, the
will give IAGC more time to affect Fact-Based Assessments Are associations engaged JASCO Applied
positive change, both in regulation Included in GOM Regulations Sciences, the same contractor that
and possibly legislation, to ensure performed the modeling for the
our members’ continued freedom The IAGC and API recently sent a PEIS, to run the PEIS model with the
to operate offshore United States. letter along with the report “Gulf of same data, but with small alterations
The IAGC is working to ensure Mexico Acoustic Exposure Model to four variables to bring the values
more positive outcomes in the Variable Analysis” to the Bureau of closer to best available science or
regulatory documents BOEM and Ocean Energy Management (BOEM) most likely quantities. The alternate
NMFS are preparing (EIS Record and the National Marine Fisheries values were chosen to reflect the
of Decision, MMPA Rulemaking, Service (NMFS), detailing the central or most likely tendency for
and ESA consultation), including industry’s concerns with the agencies’ each value, based upon the best
removal of the arbitrary four- reliance on overly precautious available information or practice,
month closure to surveys in state marine mammal take modeling. and to encourage a more thorough
and federal nearshore coastal In the letter, the IAGC objects and inclusive expert discussion
waterswhile simultaneously to the repeated application of about what are the best available or
pushing for meaningful legislative precautionary assumptions across most likely values for the variables
change in Congress to minimize many variables in a model used used in the PEIS model, rather than
burdens on future exploration. use precautionary arguments as
to estimate marine mammal a means of avoiding or failing to
This is a positive development for exposures from geophysical survey consider best available information.
our members and will allow the activity. The model results are
IAGC to continue its four-prong used in BOEM’s Gulf of Mexico The IAGC requested that BOEM
strategy using technical, regulatory, Programmatic Environmental include the model analysis in
congressional and legal resources Impact Statement (PEIS), published its administrative record for the
to ensure members have the in August, and in its previously forthcoming Record of Decision
freedom to operate in the GOM. published petition for incidental take (ROD) related to BOEM’s PEIS.
rulemaking (ITR) under the Marine We also requested that NMFS
Environmental groups first filed Mammal Protection Act (MMPA) include the model analysis in
suit against the Department of the to indicate the anticipated number its administrative record for its
Interior (DOI) and BOEM in 2010, of individual exposures to sound Marine Mammal Protection Act
alleging the government agency’s above specified threshold levels. (MMPA) rulemaking, covering
failure to conduct environmental The PEIS and ITR overestimate future geophysical activities in the
impact assessments before the number of anticipated MMPA GOM. The IAGC will continue to
permitting seismic surveys. The “takes” at thousands to millions of vigorously advocate for the best
parties to the litigation, which times more than the most likely available information, including
include IAGC and API, have agreed outcome using best available science this report, to be included in all
to stay the litigation pending the without added precautionary decision-making impacting the
BOEM’s and NMFS’ completion of assumptions. The reason for this G&G industry as the agencies
several regulatory decisions. The phenomenon is that the variables move forward with regulatory
litigation was first stayed in 2013, are multiplied within the model. decisions in the Gulf of Mexico.
extended in 2016, and again in 2017. When each variable is given a
seemingly innocuous “precautionary”
value, the multiplicative effect of
compounding all those variables
produces an extraordinarily
unrealistic and arbitrary result.
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