Page 20 - The Voice 2017

In their 21 July 2017 comments to the National
Marine Fisheries Service (NMFS), the IAGC,
API and NOIA urged the agency to approve the
Atlantic Incidental Harassment Authorizations
PROPOSED INCIDENTAL for G&G surveys based on the extensive record

HARASSMENT AUTHORIZATIONS of information regarding the insignificant effects
of seismic surveying which demonstrates they
FOR THE INCIDENTAL TAKING will have no more than a temporary, localized,
OF MARINE MAMMALS DURING and negligible impact on marine mammals. The
proposed seismic surveys are critical to the safe
GEOPHYSICAL SURVEYS IN THE and methodical development of the oil and gas
ATLANTIC OCEAN resources of the Atlantic OCS and can be
accomplished with insignificant environmental
impacts. The Associations strongly support
NMFS's authorization of IHAs to address any
incidental harassment of marine mammals that
may result from the proposed Atlantic OCS
surveys.

The IAGC and API responded to NMFS' 13 January 2017
letter of notification that "NMFS does not intend to continue
processing" their Incidental Harassment Authorization
(IHA) applications because of the "BOEM's denial [of
survey permit applications] and the related fact that there is APPLICATIONS FOR MMPA
no reasonably foreseeable start date for [the] specific INCIDENTAL HARASSMENT
activity." The Association's comments highlight that NMFS'
unilateral and indefinite stoppage of these regulatory AUTHORIZATIONS FOR G&G IN
processes is unwarranted and unlawful. Under the MMPA
or its implementing regulations, NMFS has no authority to THE ATLANTIC OCEAN
halt the processing of IHA applications simply because the
permits for the underlying activities have been denied.
After the IAGC and applicants appealed BOEM's permit
denials, the permits were reinstated and NMFS continued
review and eventual issuance of IHAs.

Maryland and Delaware filed requests to review proposed
Atlantic IHAs on 6 July 2017, pursuant to the Coastal Zone
Management Act (CZMW). By statute, states may request
the Office of Coastal Resource Management's (OCRM)
MARYLAND AND DELAWARE approval to review unlisted federally permitted activities,
REQUEST CZMA REVIEW OF such as G&G activities with an assertion that the proposed
activities' coastal effects are "reasonably foreseeable." The
PROPOSED IHAS FOR THE IAGC submitted comments on the states' requests on 21

ATLANTIC July 2017.
Atlantic coastal states, including Delaware and Maryland,
previously sought and obtained review of pending BOEM
permits to ensure consistency of the proposed G&G
activities with their coastal uses and resources.

20 THE VOICE