Summary
It may superficially seem that given all the logistics of marine seismic exploration, the permitting process involving marine mammals, sea turtles and other protected marine resources should be a fairly simple activity. As it turns out, it is not, especially under new and changing regulations and in new regions, and even new/changing agency personnel. Permitting and its concomitant mitigation, monitoring, and reporting requirements in the United States in particular are a complex interaction among multiple laws, agency jurisdictions, and associated agency personnel levels. Successfully receiving and implementing of permits requires more than simply applying. It requires prudent advance planning to at minimum (1) accommodate the often long agency and public review process (and delays), and (2) understand each agency’s specific information requirements for processing and evaluating associated environmental impacts. For those conducting seismic exploration, it is important to (1) be aware of agency expectations for environmental protection and required monitoring associated with that equipment use, (2) provide sufficient activity details to inform design and modeling that will result in agency acceptance. For industry applicants, it is imperative to be prepared for the time and level of due diligence and background work required to process and ultimately obtain permits and meet regulation and guideline standards. It is paramount to develop reasonable expectations for what the combined permitting, mitigation, and monitoring will entail in terms of document preparation and agency and public review time. We provide flowcharts and other visual aids, as well as describe basic permitting processes for marine seismic exploration, briefly discussing regional differences and future directions in policies associated with these processes.
Introduction
A thorough understanding of the processes involved in permitting seismic exploration relative to marine mammal and other protected marine resources is critical to timely and successful permit receipt and implementation. Permitting processes are the framework for addressing marine environmental issues associated with seismic exploration and the technologies applied to it. For experts in technical aspects of seismic exploration, it is critical to have a sense of how the techniques (1) are evaluated by reviewing agencies, (2) are potentially limited by laws, regulations, and guidelines, and (3) relate to the importance and meaning of required application of "best available science" regarding environmental impacts. This process requires effective merging of goals, knowledge, and overlapping aspects of environmental regulations with those of exploration and development activities. Achieving this merge facilitates the most efficient and effective marine seismic exploration program for those in industry. There are ways to streamline this process through increased awareness.
Navigating the rough waters of federal permitting for marine seismic exploration is a challenge. There are many applicable laws and a myriad of alphabet soup agencies engaged in enforcing these laws through often confusing and changing regulations and guidelines. Involved agencies must balance permitting requests with constituent and other agency concerns that may arise through the permitting process to avoid delays and bureaucracy. Our presentation will synthesize and provide pathway guidance to improve understanding of the overall permitting process, including the steps, relationships, involved entities, and procedures of agency consultation. The goal is to provide a cumulative one-stop-shop approach to understanding basic permitting requirements for conducting marine seismic exploration in the United States. The information comes from laws, regulations, agency websites, personal communications with agency staff, and our combined years of professional experience on both sides of the fence: as agency and academic resource managers and permit issuers, to our current role with Smultea Environmental Sciences engaging in permitting, mitigation, and monitoring support for industry.
