Watch Guide

Below are the very rough research notes we are preparing as a first step in developing a consolidated Watch Guide.  There is a lot of repetition here which will be condensed in the final Watch Guide but we wanted to share what we are finding out in the process....Comments welcome!

Chukchi Sea Watch Guide – text

The Federal government has approved Royal Dutch Shell’s 2015 Arctic oil and gas exploration plan despite a 75% risk of a serious oil spill.  To minimize unwanted impacts on the air, water, protected wildlife, subsistence activities and North Slope communities, this Chukchi Sea Watch Guide includes:

·      A summary of rules that Shell “employees, contractors and personnel performing Shell-approved work” are obligated by law to follow. 

·      Guidelines on how to monitor, document and securely report problems, violations or complaints if they occur.

Conditions of Shell’s Permits

Pinnapeds (seals & walrus):

Groups of 5 or more animals: 1 mi radius for flyovers

Walrus

   Hauled out on water or ice: Aircraft must not land or operate within 0.5 mile of observed animals

   Hauled out on land: helicopters must stay above 3,000 ft (914 m) within 1 mile of observed walrus

Fixed wing aircraft must stay above 1,500 ft within 1 mile

Cetaceans:

Avoid flying over polynyas and along adjacent ice margins

Aircraft cannot operate below 1,500 ft (457 m) in areas of active whaling

Polar Bear

Polar bear on water or ice: must not land or operate within 0.5 mi (.8 km) or below 1,500 ft. above ground level. 

New dens reported to USFWS

All trash collected, separated and food dumped in bear-resistant dumpster and feeding bears prohibited

Hazardous waste disposed off-site

USFWS notified when bear sited

Ice over-flight survey Communication Plan (May 2015 to April 2016)

Phase I

Subsistence Advisor is liaison between Shell and local subsistence users

Shell will coordinate with local subsistence users, including AK Eskimo Whaling Commission (AEWC), North Slope Borough and local communities

Communication call centers (Com Centers) in operation July through October

Aircraft transit coordinated with Com Centers, SA’s and CLO’s (when practicable). Overflight survey activities to be coordinated with Barrow, Kaktovik, Wainwright and Point Lay.

Subsistence Advisors (SA’s) job is to communicate community concerns to Shell and Shell changes in operations to communities, gather subsistence data and advise mitigation to reduce impacts.

Subsistence Advisors (SA’s) responsibilities:

Report concerns or conflicts with subsistence users

Coordinate …?

Report comments, concerns or information to Shell

Advise Shell how to avoid conflicts

Must be from native village, speak Inupiaq and have knowledge of subsistence practices for the area

SA handbook contains overview, objectives of program, recruitment and hiring, forms, maps, how to “identify a situation they are to be alert for, responsibilities and authorities”.

Community Liaison Officers (CLO’s) serve in place of the SA.

Marine Mammal mitigation

Protected Species Advisors stationed on ice overflight surveys (see 4MP for complete protocol)

IHA Reporting Requirements

4MP overflight surveys:

PSO present on all flights to monitor and record observations, behavior, communicate with Com Centers, SA’s or CLO’s and subsistence hunters by marine radio.

Survey results provided to NMFS/w IHA app, USFWS w/LOA app and to BOEM

NMFS – Incidental Harassment Authorization

·      All vessel speed less than 5 knots when within 300 yards of a whale.

·      Vessels not to separate groups (greater than 3 within 500m) of whales.

·      Vessels should remain as far offshore as wx/ice allow and at least 5mi offshore in transit.

·      Not fly within 1,000’ of marine mammals.

·      Not fly below 1500’ while over land or sea.

·      2 Protected Species Observers on each drilling unit, anchor handler, and ice-management vessel.

·      PSOs watch and monitor marine mammals during active drilling, airgun, anchor handling or ice      management operations.  Also observations during daytime when operations are not happening. 

·      At least 1 PSO on transiting support vessels.

·      PSOs record species, group number, behavior, reaction to activities, closest point of approach.

·      Ships position recorded every 30 mins.

·      PSO teams consist of Alaska Native observers and experienced field biologists.

·      PSOs shall conduct monitoring while the airgun array is being deployed or recovered from the water.

·      PSOs shall visually observe the entire extent of the exclusion zone (EZ) (180 dB for cetaceans and 190 dB for pinnipeds) using NMFS-approved binoculars for at least 30 minutes prior to starting the airgun array (day or night). If the PSO finds a marine mammal within the EZ, Shell must delay the seismic survey until the marine mammal(s) has left the area.

·      Establish and monitor a 180 dB and a 190 dB EZ for cetaceans and pinnipeds, respectively, before the airgun array is in operation. Until the field verification tests finds otherwise the 180 dB radius is designated to be 1.38 km and the 190 dB radius is designated to be 2.55 km. Uncertain about these distances

·      Power-down or shutdown the airgun(s) if a marine mammal is detected within, approaches, or enters the relevant EZ.

·      Implement a "ramp-up" procedure when starting up at the beginning of seismic operations. During ramp-up, the PSOs shall monitor the EZ, and if marine mammals are sighted, a power-down, or shut-down shall be implemented as though the full array were operational. Therefore, initiation of ramp-up procedures from shut-down requires that the PSOs be able to view the full EZ.

·      Employ local Subsistence Advisors (SAs) from the Chukchi Sea villages to provide consultation and guidance regarding the whale migration and subsistence hunt, as described in the POC.

·      Reporting Requirements: submit daily PSO logs to NMFS during regular working days, and draft report on all activities and monitoring results within 90d of the completion of the exploration drilling.

·      In the event that the drilling program operation clearly causes the take of a marine mammal in a manner prohibited by this Authorization, such as an injury (Level A harassment), serious injury or mortality (e.g., ship-strike, gear interaction, and/or entanglement), Shell shall immediately cease operations and immediately report the incident.

·      *In the event of an oil spill, Shell shall comply with NOAA's Marine Mammal Oil Spill Response Guidelines.

·      *The POC outlining the steps that will be taken to cooperate/communicate with native communities to ensure the availability of marine mammals for subsistence uses must be implemented.

·      *Shell is required to comply with the Terms and Conditions of the Incidental Take Statement (ITS) corresponding to NMFS' s Biological Opinion.

·      *Any person who violates any provision of this IHA is subject to civil and criminal penalties, permit sanctions, and forfeiture as authorized under the MMPA.

·      *This Authorization may be modified, suspended or withdrawn if the Shell fails to abide by the conditions prescribed herein or if the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals, or if there is an unmitigable adverse impact on the availability of such species or stocks for subsistence uses.

NMFS' s Biological Opinion

12.4 Terms and Conditions

To minimize and monitor take effectively, NMFS PR1 will require the applicant to comply with the following Terms and Conditions, which implement the non-discretionary RPMs. The following terms and conditions implement RPM 1 “Ensure adequate and thorough monitoring of the effects of aircraft activities on ringed and bearded seals.”

1.1. At least one passenger ice observer must assist the PSO by monitoring for marine

mammals to the extent practicable, while seated on the opposite side of the aircraft from

the PSO, and notifying the PSO of all marine mammal observations. This passenger ice

observer will alert the PSO in a timely enough manner to allow the PSO to observe the

animal and note the following: species; number; gender and age (if determinable);

aircraft altitude and slant-line distance at which behavioral responses (if any) were

observed; description of behavioral response; and coordinates of the animal(s).

1.2. Results of marine mammal monitoring during the ice surveys must be submitted to

NMFS AKR and NMFS PR1 within 90 days of the conclusion of the final flight

associated with this action. The 90-day report must address the requirements established

by NMFS PR1 in the IHA, including:

1.2.1. Summaries of monitoring effort: Marine mammal observation start and stop times by date, total hours of monitoring, distances flown by date, and environmental conditions during surveys;

1.2.2. Summaries of marine mammal occurrence: coordinates of observations with data indicating date, time, observing conditions, observer name, species or species composition, number of individuals of each species, age/size/gender categories

1.2.3. Analyses of the potential effects of ice overflights on marine mammals and the number of ringed and bearded seals that may have been disturbed by aircraft.

1.3. If the taking of any marine mammal occurs in a manner other than that described in this biological opinion, that taking must be reported immediately to the Protected Resources Division, NMFS, Juneau office at 907-586-7012

The following terms and conditions implement RPM 2 “Minimize disturbance of marine mammals encountered throughout all portions of surveys”.

2.1.Aircraft must maintain an altitude of at least 305 m (1,000 ft) until they reach the targeted survey area for that flight. Shell’s Bell 412 or similar helicopters must not land on ice within 1.4 km (0.87 mi) of hauled-out ringed or bearded seals.

13.0 Conservation Recommendations

Section 7(a)(1) of the ESA directs federal agencies to use their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species, to help implement recovery plans, or to develop information (50 CFR 402.02).

1. Shell should use a video camera during ice surveys in an attempt to record marine mammal behavioral responses to aircraft. In obtaining this video data, a high resolution camera should be mounted at a forward facing angle that, in the opinion of the PSO, maximizes the likelihood of capturing the most pronounced behavioral reactions of ringed and bearded seal to the aircraft.

2. Shell should incorporate, to the extent practicable, the use of drones (which are quieter than manned aircraft) for ice surveys. This should only occur if FAA regulations at the

NOAA Arctic Biological Opinion

Monitoring and Mitigating the Effects of On-ice Seismic Surveys

4. All activities must be conducted at least 150 m (500 ft) from any observed ringed seal lair.

PSOs are required for all on-ice seismic operations and will monitor the 150 m (500ft) exclusion zone from the source for entry by ringed seals.

The operator shall notify BOEM or BSEE and NMFS in the event of any loss of cable, streamer, or other equipment that could pose a danger to marine mammals.

1.4.4 Alaska State Waters

The action area includes State of Alaska waters between OCS planning areas and the Alaska coastline. The deep penetration surveys, high-resolution surveys, and exploratory drilling will occur within the OCS of the Chukchi and Beaufort Sea Planning Areas. However, noise from these activities may ensonify state waters, and there is the potential for accidental oil spills to impact state waters. While the activities described as part of this proposed action may affect areas within state waters directly or indirectly, BOEM and BSEE do not have the authority to authorize activities within state waters.

U.S. Fish and Wildlife Service - Incidental Harassment Authorization

*A PSO will be aboard all flights recording all sightings/observations (e.g. including number of individuals, approximate age (when possible to determine), and any type of potential reaction to the aircraft). Environmental information the observer will record includes weather, air temperature, cloud and ice cover, visibility conditions, and wind speed.

*The aircraft will maintain a 1 mi radius when flying over areas where seals appear to be concentrated in groups of ≥ 5 individuals. 

*The aircraft will not land on ice within 0.5 mi of hauled out pinnipeds or polar bears.

*The aircraft will avoid flying over polynyas and along adjacent ice margins as much as possible to minimize potential disturbance to cetaceans.

*Shell will routinely engage with local communities and subsistence groups to ensure no disturbance of whaling or other subsistence activities.

U.S. Fish and Wildlife Service – Letter of Authorization

Required conditions: 

Reporting Violations 

Official reporting (Shell)

Com Centers in each village (need location/contact #'s etc. for each village)

Comment cards with a Shell return address left with communities and a toll free phone number and email address provided in case questions arise after the community meetings

“Every effort will be made to ensure the maximum amount of feedback is received and that all questions are addressed and answered to the fullest extent possible (POC, March 2015, page 7). 

*** community meeting comment card comments compiled into comment analysis table (included in attachment A).

Shell will continue to meet with affected subsistence communities and users to resolve any conflicts and to notify communities of any changes in its planned operations.  

Independent Reporting - Chukchi Watch Hotline (coming soon)

Observations:

How to Document:

How to Report: