Wednesday, June 17, 2015

Madness in the name of oil: Federal incompetent morons gave Shell the authority to injure or disturb whales, porpoises and seals by conducting exploratory drilling and related activities in the Chukchi Sea









WASHINGTON, DC

Federal regulators (aka, paid-off by the lobbyists fed employees) on Monday gave Shell the OK to disturb whales, porpoises and seals by conducting exploratory drilling and related activities in the Chukchi Sea this summer.

Shell is not a U.S. Citizen and not a US-based company.  So, we are skeptical about this decision of the incompetent federal morons who are also certainly paid-off by the oil lobbyists.

Here is what NOAA says must be made to issue the permit:

What determinations must be made for an authorization to be issued?

We authorize incidental take under the MMPA to U.S. citizens and U.S.-based companies, if we find that the taking would:
We authorize the permissible methods of taking and require mitigation, monitoring, and reporting of such takings, which are meant to reduce or minimize negative impacts to marine mammals and the use of marine mammals for subsistence users.


Shell is not a U.S. Citizen and not a US-based company.  So, we are skeptical about this decision of the incompetent federal morons who are also certainly paid-off by the oil lobbyists.

The incidental harassment authorization, issued by the National Oceanic and Atmospheric Administration, further lowers the number of federal permits Shell Oil Co. must win before it is able to resume exploratory drilling in the Arctic Ocean.

The company still has three outstanding, including a similar authorization from the Fish and Wildlife Service and two drilling permits now being reviewed by the Interior Department’s Bureau of Safety and Environmental Enforcement.

The new harassment authorization from NOAA acknowledges that Shell’s planned drilling and associated activities will disturb some marine mammals that live in the area or migrate through it. For instance, the sounds associated with dynamic positioning rigs over wells, air gun arrays used in seismic testing and vessels while actively moving ice away from the area could affect the bowhead whale, beluga whale, harbor porpoise, bearded seal and other species.

The company is barred from causing serious injury or death to any of the animals.  But they are allowed to injure them.

Marine mammal observers will be stationed on both of Shell’s contracted drilling rigs during planned operations in the Chukchi Sea, with the responsibility for keeping an eye out for the animals.

Under the terms of the NOAA authorization, Shell must reduce vessels’ speed to at least five knots whenever they are within 300 yards of whales — and any boats capable of steering around the animals are supposed to. The vessels also are supposed to avoid multiple changes in direction and speed whenever they are within 300 yards of whales and slow down when weather conditions decrease visibility.

A major consideration is keeping a group of whales together. NOAA regulators said Shell’s vessels “may not be operated in such a way as to separate members of a group of whales from other members of the group.”

Environmentalists blasted the permit, with Cindy Shogan, executive director of the Alaska Wilderness League, noting the large number of animals that could be affected.

“Shell is permitted to injure or disturb as many as 25,217 ringed seals, 1,662 beluga whales and 1,038 bowhead whales among other mammals,” Shogan said in a statement. “Shell’s Arctic drilling plans are risky and reckless and today’s permit reveals another layer of outrage.”

All that in the name of additional oil that we do not need.  We can easily increase the telecommuting of workers or increase the fuel efficiency of vehicles or planes  or other transportation vessels and so on.  What a greedy world.  We never learned from the destruction of so many ecosystems and wildlife.  And obviously we will never learn until it is too late for many of us.



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Incidental Take Authorizations under the MMPA

What is an incidental take?

Incidental take is an unintentional, but not unexpected, “take”. Taking is prohibited, with certain exceptions, under the Marine Mammal Protection Act (MMPA). However, the MMPA allows, upon request, the incidental take of small numbers of marine mammals by U.S. citizens who engage in a specified activity--other than commercial fishing*--within a specified geographic region. (*Incidental take during commercial fishing operations is covered under the Marine Mammal Authorization Program).

What types of activities may result in incidental take?

Most incidental take authorizations have been issued for activities that produce underwater sound. Some activities include:
  • Military sonar and training exercises
  • Oil and gas development, exploration, production, and abandonment projects
  • Geophysical surveys for other energy and scientific research projects
  • Pile driving associated with construction projects
  • Explosive structure removal

What determinations must be made for an authorization to be issued?

We authorize incidental take under the MMPA to U.S. citizens and U.S.-based companies, if we find that the taking would:
We authorize the permissible methods of taking and require mitigation, monitoring, and reporting of such takings, which are meant to reduce or minimize negative impacts to marine mammals and the use of marine mammals for subsistence users.
Our issuance of an incidental take authorization also requires us to make determinations under National Environmental Policy Act (NEPA) and Section 7 of the Endangered Species Act (ESA).

What type of authorization is right for me?

There are 2 types of incidental take authorizations: Incidental Harassment Authorization (IHA) and Letter of Authorization (LOA):
If your action has potential to: Then you should:
Result in "harassment" only (i.e., injury or disturbance) Apply for an IHA^ (effective up to 1 year)
Result in harassment only (i.e., injury or disturbance)
AND is planned for multiple years		 Apply for an LOA*^ (effective up to 5 years)
Result in "serious injury" or mortality Apply for an LOA*^ (effective up to 5 years)
^ For activities that occur in Arctic waters where the activity has the potential to affect the availability of a species or stock of marine mammals for subsistence uses, your monitoring plan must be peer reviewed.
* For a Letter of Authorization, we must issue regulations. Regulations with an associated LOA may be issued for multi-year activities. These proposed actions must be well-planned with enough detailed information to allow for a robust analysis of the entire duration of your planned activity. Because an IHA can only be valid for 1 year and LOAs can be valid for up to 5 consecutive years, the rulemaking/ LOA process is often used to reduce the administrative burden even when serious injury or mortality is not anticipated.

When should I apply?

For IHAs:
  • apply 6-9 months in advance of the intended project start date. Some IHAs may take longer to process. Contact us for more project specific recommendations.
For rulemakings/LOAs:
  • apply at least 1 year, preferably 18 months, in advance of the intended project start date. Some rules and LOAs may take longer to process. Contact us for more project specific recommendations.

How do I apply?

Detailed instructions on submitting an application for an incidental take authorization are available on our website. The collection of this information has been approved by the Office of Management and Budget, OMB Control Number 0648-0151.

Need more help?

Use our Pre-application Guide (PAG). The PAG helps you determine what type of authorization you may need. Answer questions about your proposed activities, then you'll receive a list of required authorizations and how to apply for them, including who to contact.

What happens after I apply?

We will contact you within 5 business days of receipt of your application. The following tables outline the main steps and key time frames of the authorization process.
This timeline is an approximation only, and the time of issuance for a given authorization may vary.
Actions in the IHA Process Time
Review of application for adequacy and completeness 2-6 weeks*
Initial analysis, review draft NEPA (if available), preliminary determinations, and prepare proposed IHA package 1-3 months
Proposed IHA publishes in Federal Register for public comment period 30 calendar days
Review public comments, ESA/NEPA findings, final determinations, issuance or denial of IHA 1-3 months
 
Actions in the Rulemaking/LOA Process Time
Review of application for adequacy and completeness 1-2 months*
Publish Notice of Receipt of Application in the Federal Register for public comment period 30 calendar days
Review public comments, review draft NEPA document, preliminary determinations, and prepare proposed rule 1-6 months
Proposed rule publishes in Federal Register for public comment period 30-60 calendar days
Review public comments, ESA/NEPA findings, final findings, and publish final rule 3-6 months
Issue LOA 30 calendar days after date of publication of final rule in the Federal Register
*If your application is incomplete, it will be returned to you with an explanation. The formal processing of the request does not begin until the application is deemed adequate and complete (with enough information for us to analyze the potential impacts on marine mammals, their habitats, and on the availability of marine mammals for subsistence uses).
For activities that occur in Arctic waters where the activity has the potential to affect the availability of a species or stock of marine mammals for subsistence uses, your monitoring plan must be peer reviewed. We will typically conduct the peer review right before or during the public comment period  for the proposed IHA or proposed rule (for LOAs).

How can I review pending actions and see applications?

Select a category below to view pending actions, completed applications, issued authorizations, and other relevant documents.

Public Comment Periods

For IHAs, you have the opportunity to provide comments on the application and our preliminary findings (30 days).
For rulemakings/LOAs, you have the opportunity to provide comments at two stages:
  • On the application and information that we should consider in preparing a proposed rule (typically 30 days)
  • On proposed rule, which includes our preliminary findings (typically 30-60 days)

More Information

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