Page 20 - IAGC The Voice 2017

In their 21 July 2017 comments to NMFS, the
IAGC, the American Petroleum Institute (API) and
the National Ocean Industries Association (NOIA)
urged the agency to approve the Atlantic Incidental
PROPOSED INCIDENTAL Harassment Authorizations (IHA) for G&G

HARASSMENT AUTHORIZATIONS surveys based on the extensive record of information
regarding the insignificant effects of seismic
FOR THE INCIDENTAL TAKING surveying which demonstrates they will have no
OF MARINE MAMMALS DURING more than a temporary, localized, and negligible
impact on marine mammals. The proposed seismic
GEOPHYSICAL SURVEYS IN THE surveys are critical to the safe and methodical
ATLANTIC OCEAN development of the oil and gas 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 IHA applications because of the "BOEM's
denial [of survey permit applications] and the related fact
that there is no reasonably foreseeable start date for [the] APPLICATIONS FOR MMPA
specific activity." The Association's comments highlight INCIDENTAL HARASSMENT
that NMFS' unilateral and indefinite stoppage of these
regulatory processes is unwarranted and unlawful. Under AUTHORIZATIONS FOR G&G IN
the MMPA or its implementing regulations, NMFS has no
authority to halt the processing of IHA applications simply THE ATLANTIC OCEAN
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