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'Willy
And Flipper' On Front Line Of Anti-Seismic Campaign
The
international environmental community is engaging in an emotional propaganda
campaign, pitting 'Willy and Flipper' against the oil and gas industry
as it looks at switching its gaze from blaming the military for allegedly
harming cetaceans, to taking aim at the offshore seismic acquisition industry.
That's
the view of Chip Gill, the President of the International Association
of Geophysical Contractors (IAGC), who said the environmental community
in the United States was using the issue to ostensibly protect the whales
of the world, but he said it was also being used to help fill their coffers
and increase membership. Up until now the US Navy has been targeted because
of suspicions that its sonar activities were affecting cetaceans.
"You
should see some of the fundraising literature put out by environmental
organisations on the navy issue", Gill said. "I get some of
this stuff across my e-mail, and it is unbelievable. The reality is absolutely
misrepresented and distorted for the purposes of whipping up emotions
in their fundraising letters and painting a false picture of what is really
going on. I guess it's the reality of the corporate environmental advocacy
that is out there now and their need to perpetuate their fundraising machine."
Gill
said the focus was moving to the seismic industry following an increasing
regulatory regime being imposed on it by government agencies, particularly
through the implementation of regulations with vague definitions of harassment,
and the concept of 'regulatory creep'. "If you think the navy is
a good way to whip up the emotional passion, wait until they come after
us", Gill said. "It's coming. I don't view myself, in saying
this, as Chicken Little, the sky is falling, I view myself as the Paul
Revere of US revolutionary war fame. It doesn't take a whole lot of imagination
to picture it refocusing on us."
"It's
the oil and gas industry versus Willy and Flipper", Gill said. "We
are talking about an emotionally charged issue that we are never going
to win. If it's between us and whales and dolphins, we lose. I can tell
you for a fact, comments coming in from the environmental community on
seismic surveys in the US Rocky Mountains, people were saying, 'These
are the same people who are killing the whales.' The environmental community
is fanning the flames and people are saying 'don't let these guys shoot
seismic surveys in Utah because these are bad guys, because look what
they are doing out there to the whales'."
But
how did it come to this in the US? Let's go back to the beginning of what
is becoming a very emotionally-charged issue.
The
increased awareness and interest in whales internationally stems from
the virtual international banning of the whaling industry in the 1970s
and subsequent attempts to rejuvenate and protect the remaining populations,
starting in the mid-1980s. In the United States the protection of marine
mammals is administered under two pieces of legislation. The first is
the Endangered Species Act (ESA), which requires species to be listed,
or proposed to be listed, before they are covered by the Act. The second
is the Marine Mammals Protection Act (MMPA) which is specific to marine
mammals.
These
Acts have had more impact on the oil and gas industry as exploration has
moved further offshore. One of the species receiving special attention
in the US Gulf of Mexico has been the sperm whale, which is of course
a marine mammal but also listed as endangered. The two US agencies charged
with overseeing the ESA and MMPA are the Minerals Management Service (MMS)
and the National Oceanic and Atmospheric Administration Service (NOAA).
By
the late 1990s, concerns were starting to be raised by marine biologists,
the environmental community and regulators about the impact that noise
generated in the water was allegedly having on marine mammals. In 1999
the MMS commissioned a 'programmatic environmental assessment' for geophysics
and geology (G&G) operations to take a fresh look at available new
information. The assessment arose because of the increasing number of
species, including endangered species, being encountered in deeper waters.
This increased perception of the need to protect whales and other cetaceans
has been felt by the international oil and gas industry. Hardest hit within
the industry has been the G&G sector, which has had to adjust its
operating practices to accommodate increased community sensitivity about
real or perceived threats their activities are having on cetaceans. Seismic
contractors have been working tirelessly over the past decade to meet
increasingly stringent regulations while trying to preserve the economic
efficiency of G&G operations.
"Globally,
we as an industry have been highly regulated with respect to our operations
and their impacts on marine mammals", Gill said. "We avoid the
animals in some jurisdictions, which means we have some seasonal limitations
in other jurisdictions. We have to do very rigorous visual observation
from fixed wing aircraft and chase boats, and if we see animals in the
area we have to shut down and move away from them. There are also broader
requirements that we assess populations and population movements and things
like that."
The
G&G operation that has attracted the most criticism has been the use
of airguns to acquire seismic data. Environmentalists have said the airguns
had the potential to harm cetaceans because of the volume of acoustic
energy released in the water. "We have airgun arrays designed specifically
to direct the acoustic energy vertically downward", Gill said. "It
is our business not to blast the acoustic energy in all directions, but
rather to image the subsurface, and we want the acoustic energy to go
down."
"We
have created airgun arrays that create directivity effects, they actually
focus the acoustic energy downward and it attenuates very rapidly as you
go away from the vertical. If an animal is positioned 45 degrees away
from the vertical direction of the array, they are going to receive a
much lower acoustic energy level than one directly below."
Gill
said sonar waves were different from seismic because they were transmitted
continuously in a different frequency range. "It is typically sourced
underwater and directed outwards, as opposed to on the surface and directed
downwards, but frequency is the key there", he said. "We emit
the vast majority of our acoustic energy at a very low frequency, whereas
the navy's sonar is in a higher frequency range. It is well known that
very few species of marine mammals even hear in our frequency ranges.
We emit at frequency ranges that are not a problem for the vast majority
of marine mammals."
But
there are a few cetacean species that can pick up the frequencies emitted
by seismic, including baleen and large tooth whales. Gill said the issue
was more about affecting the behaviour of cetaceans, not concern about
whether the animals would be subjected to physical harm. "The questions
are, do we drive them off of critical feeding grounds, inhibit their ability
to echolocate their prey, disturb their ability to communicate and find
a mate, and things of that nature?"
In
the US, the MMPA outlaws harassment of marine mammals, and this is where
things go fuzzy, with the definition of harassment taking on a life of
its own. "Essentially, if a whale is swimming along and you cause
it to veer left, you've harassed it", he said. "If you have
a seal on the beach, and you're a scuba diver and you come up to the surface
in front of the seal, and the seal turns it head to look at you, you have
harassed it, under the definition of the statute. The regulators talk
about it in these terms, believe me. I've sat for days with them going
through this stuff and it's enough to make your hair crawl when you realise
how far they can take it."
Another
example of harassment Gill gave was if there is a service vessel going
along and a school of dolphins deviated from their normal path to go play
in the bow waves. Theoretically, that's harassment. "They have moved
off of their normal behaviour pattern", he said.
One
of the main requirements for conducting seismic acquisition in whale prone
areas is the need to be able to visualise the area to make sure no whales
are present before work can start. But this is an inexact method, with
some cetaceans spending up to 70% of their time underwater. "A safe
distance area exclusion zone is defined once operations have commenced",
Gill said. "We have to visually monitor the exclusion zone whenever
possible to make sure that no animals come into it. Now, there is an assumption
built in here by the regulators that because the sound is ongoing, if
the animals can hear it and don't like it, they will stay away."
"So
if we can't visually monitor the area to make sure it stays clear, we
can continue to conduct operations, and that is the theory behind it.
That is the reason they have allowed us to do it. That means we don't
have to shut down at night or in rain or fog once we've already started.
But there remains an issue about just flat starting."
He
said operators were allowed to reduce the amount of sound emitted into
the water when line changes or other maintenance was carried out. "As
long as we keep a minimum level of sound in the water, we are allowed
to go back up to the full level without having to visually clear the area",
he said.
But
one of the problems occurs during turning the large 3D boats that can
trail up to 8 km of streamers, which can take several hours. "In
our operations we will shut down the sound source for a whole host of
reasons, but among them, if we don't need to be putting the sound into
the water, why do it? It also gets into maintenance and fuel for the compressors."
"If
we have to visually clear and then ramp up again every time we make a
line change, and we can't do it at night or when it is raining, it would
mean we can't do it 60-70% of the time. That would have a huge negative
impact on our operations. As we work with the regulators, we have extended
the idea that the animals would stay away if they don't' like the noise.
What we have settled on for the moment is to allow us to put a minimal
amount of sound in the water continuously when we make those changes,
to let those animals know we are there, and then ramp back up but not
have to visually clear."
The
issue of visual observers has also caused concern within the industry,
particularly in regard to the level of experience or qualifications required
by regulators under a new NOAA Fisheries-approved training programme to
be recognised as being able to carry out observation tasks. At the moment,
boat crew members can be used as observers until the NOAA program is established
but questions remain about how they will be employed as observers.
"What
we don't know yet is, can our existing crew members qualify? Do we have
to have dedicated observers that are not part of the crew or can we use
crew members and adjust their shifts. We assume they have to be dedicated,
but can we dedicate crew members who have been trained to that? In other
jurisdictions there have been requirements that marine mammal observers
have to be trained marine biologists. These questions still remain."
Another
method used to detect the presence of the animals is to monitor their
vocalisations by using a technique called passive acoustic monitoring.
"The geophysical industry is very good at listening in the water",
Gill said. "We know how to do that because we have to listen to the
faint reflections of the acoustic energy we originally put in, because
it reflects back, that's how we image. But passive acoustic monitoring
is only effective to detect the presence of cetaceans that vocalise regularly.
There are a lot of species that don't vocalise. If they're not vocalising,
you can't know that they are there, so you cannot necessarily rely on
passive acoustic monitoring."
Along
with the vagueness of the definition of harassment, another phenomenon
that is worrying the G&G industry is the phrase 'regulatory creep'.
"This didn't exist when we first started all this, it is the result
of a new biological opinion from the NOAA Fisheries to MMS saying it had
changed its rules to address these harassment issues", Gill said.
"That
is most problematic. We've been told quietly that it's coming any day.
Assuming that does happen, we open up the whole pandora's box of environmental
regulations. We bring the spotlight on this whole thing. The environmental
community has been focused on the navy and their sound, but it's just
an open invitation to come after the oil and gas industry in its breadbasket,
the Gulf of Mexico."
"We've
had more and more scrutiny, and the more scrutiny we have, the more problematic
it is. There are a number of ways you can approach it, but there is a
certain requirement, a suggestion in the statutes, that in the absence
of specific knowledge, that the regulators take a precautionary attitude
toward the animals."
Gill
said the oil and gas industry has been out where the whales are in deep
water areas since the early 1980s. "And yet all indications are that
these animals have done nothing but thrive during that time", he
said. "For the first time, we have the opportunity to bring very
precise knowledge to the table about what these animals hear and how they
react to our operations, not just geophysical but all E&P operations.
In spite of all of that, we are racing to regulate from an abundance of
caution."
He
said the geophysical industry invested $US 500,000 in 2002 - MMS invested
$US 1.4 MM - contributing to cetacean research. IAGC is involved with
government and researchers who have developed a data tag, which is a suction
device that records what the whales hear, their depth, direction, speed
and other data. "These tags stay on for 2 - 12 hours", Gill
said. "Once baseline behaviour is established, say one to two dives,
we approach the animals with an airgun array actively emitting. The tag
records the received level of the whale and exactly what it does in reaction.
Once the tag is recovered the data is analysed to determine if there were
any behavioural effects."
Also
included is a project to track the movements of sperm whales by satellites.
"The tag is actually injected into skin and it hangs on, talk about
harassing them, and every time they're on the surface and a satellite
passes over, it gets the location of the whale.", he said. "We
can see if there is a seismic survey going on in a specific area and we
know exactly where that boat is acquiring at all times. Then we can see
if the whale avoided the boat by 50 km as it came through feeding, or
did it pretty much not even change its direction."
Gill
said the entire oil and gas industry could become affected by the increasing
amount of environmental regulation. "I'm not saying they will shut
down production", he said. "But there are things like acoustic
telemetry, where the subsea wellheads communicate with the surface through
acoustic telemetry, which is basically data transmission through sound
waves. I think we are going to see an inventorying of all the noise of
E&P operations out in the Gulf before too long. I can't imagine they
are not going to do it. Regulatory creep? Hell we're sprinting."
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