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Seismic Seas: Understanding the impact of offshore seismic petroleum exploration surveys on marine species Wild Migration Technical and Policy Review: #3 Geoff Prideaux & Margi Prideaux December 2013 Page |Review: 35 Wild Migration Technical and Policy #3 Support for this review has been generously provided by the Purves Environmental Fund. The Fund’s vision is an environmentally sustainable world in which biodiversity is preserved. Wild Migration works to benefit wildlife and the habitats on which they depend: providing accessible information to wildlife scientists, wildlife policy experts and non-governmental organisations (NGOs) to secure international wildlife conservation. Photo credits Galapagos sea lion (front cover) Wafue/iStockphoto; Weddell Sea seals (page 2) Changehali; sea turtle (page 4) Mikael Eriksson/iStockphoto; southern rock lobster (page 6) Zureks/WikiMedia Commons; polar bear (page 14) John Pitcher/iStockphoto; dugong (page 22) Mikael Eriksson/iStockphoto; sperm whale (page 24) Shane Gross/iStockphoto; noble scallop (page 28) OpenCage Systems/WikiMedia Commons; tuna school (back cover) Rostislavv/iStockphoto Suggested citation Prideaux G & Prideaux M (2013) Seismic Seas: Understanding the impact of offshore seismic petroleum exploration surveys on marine species, Wild Migration Technical and Policy Review: #3, Wild Migration, Australia Further information about this review www.wildmigration.org Contact Geoff Prideaux, Wild Migration: [email protected] Seismic Seas: Understanding the impact of offshore seismic petroleum exploration surveys on marine species Geoff Prideaux & Margi Prideaux December 2013 Wild Migration Technical and Policy Review: #3 Wild Migration Technical and Policy Review: #3 Page | 1 2 | Page Wild Migration Technical and Policy Review: #3 Table of contents Introduction 5 Sound in water: It's complicated! 7 Decibels (dB) 7 RMS and peak to peak 8 Measuring sound in air and in water 8 Spherical and cylindrical spreading and transmission loss 8 SOFAR 9 Super positioning, phase and phase cancellation 9 Elasticity Conventional seismic surveys and alternative technologies 10 11 Air guns 11 How seismic surveys work 11 Controlled source alternatives 12 Air gun design can be optimized to reduce unwanted energy 13 Noise impact potential 15 Fish, Crustaceans and Cephalopods 15 Pinnipeds 17 Sirenians 17 Cetaceans 17 Sea turtles 18 Polar bears and seabirds 19 The importance of considering stress 19 Unexpected consequences for deep diving mammals 20 International commitments flow to proponents 21 Natural Justice: Consultation, transparency and commercial sensitivity 23 Natural Justice 23 Transparency and commercial sensitivity 23 Consultation 23 Environmental Impact Assessments: Offshore Petroleum Exploration A Model Environmental Impact Assessment and consultation process Bibliography Wild Migration Technical and Policy Review: #3 25 25 29 Page | 3 Sound travels almost five times faster through sea water than through air 4 | Page Wild Migration Technical and Policy Review: #3 1 Introduction The sea is the interconnected system of all the Earth's oceanic waters, including the five named ‘oceans’ - the Atlantic, Pacific, Indian, Southern and Arctic Oceans - a connected body of salty water that covers over 70 percent of the Earth's surface. The sea is home to a broader spectrum of higher animal taxa than exists on land. Many marine species have yet to be discovered and the number known to science is expanding annually. The sea also provides people with substantial supplies of food, mainly fish, shellfish and seaweed. It is a shared resource for us all. Acoustic energy (sound) is a new threat to this shared realm and sound is not easily contained - travelling fast and potentially over great distances. One generator of this sound is the offshore petroleum exploration industry. The sea region and type of sound propagation can significantly affect the characteristics of arriving sound energy, making petroleum industry generalizations about the level of impact difficult to assert. Section two of this review provides a primer for regulators, policy makers and marine stakeholders to understand the complexities of sound in water, in order that informed and empowered consideration can be given Wild Migration Technical and Policy Review: #3 to offshore petroleum exploration proposals. Section three describes basic information about conventional offshore petroleum exploration (seismic) surveys and alternative technologies. Section four highlights the type of impact that different species groups might experience including fish, marine mammals, seabirds and sea turtles, as well as the importance of considering stress and a brief explanation of some unexpected consequences for deep diving mammals. Section five provides information about the recent commitments Governments have made through international legal process and how these should flow to proponents. Section six clearly articulates the concept of natural justice and discusses consultation, transparency and commercial sensitivity. In many jurisdictions around the world consultation is poor and industry actively shifts the ‘burden of proof’ to stakeholders. The final section proposes a model for Environmental Impact Assessments that can be used by regulators and industry alike to provide enough transparent information and ensure natural justice. Such transparency and accuracy of information should have a two-fold advantage. Industry proponents will ‘front-end’ their consultation process and are able to move forward with certainty. Other marine stakeholders will feel more confident about plans and impacts because their engagement has been sought early in the planning process. We urge regulators and policy makers to consider requiring this level of transparency and technical detail in order to shift the industry from one of secrecy and disrespect for public concerns to an industry that has nothing to hide and can confidently engage in real consultation with others who share the sea. Page | 5 The difficult part is assumptive perception 6 | Page Wild Migration Technical and Policy Review: #3 2 Sound in water: It's complicated! In the ocean, acoustic energy (sound) propagates efficiently, travelling fast and potentially over great distances. Sea water is a denser medium than air, which means that sound travels almost five times faster through sea water than it does through air, potentially extending hundreds of kilometers with little loss in energy. The extent and way that sound travels (propagation) can be affected by many factors, including the frequency of the sound, water depth and also density differences within the water column that vary with temperature, salinity and pressure. It is important to recognize that sound arriving at an animal is subject to propagation conditions that can be quite complex. The region and type of propagation can significantly affect the characteristics of arriving sound energy, making petroleum industry generalizations about the level of impact difficult to assert. Modelling of these complex characteristics requires a level of technical knowledge. Consequently, plans and proposals involving sound in water are often difficult to understand. We recognise that there will be some who will accuse this chapter of simplistic generalisations. However, this chapter’s intention is simply to create a primmer of the tools, terminologies, relationships and processes to make industry proposals easier to understand. Wild Migration Technical and Policy Review: #3 We seek to empower the reader to form their own conclusions. The following section provides an explanation of some important basic concepts about how sound in water is described. Decibels (dB) While the intention is to provide simple explanations, some aspects of sound are complicated. The decibel (dB) is used to measure sound levels. The dB is a logarithmic unit used to describe a ratio. The ratio may be power, sound pressure or intensity. The logarithm of a number is the exponent to which another fixed value, the base, must be raised to produce that number. For example: The logarithm of 1000 to base 10 is 3, because 1000 is 10 to the power 3: 1000 = 10 × 10 × 10 = 103. More generally, if x = by, then y is the logarithm of x to base b, and is written y = logb(x), so log10 (1000) = 3. The difficult part is assumptive perception. It is convenient to assume that 10dB is half as loud as 20dB and a third of 30dB. For instance, suppose there were two loudspeakers, the first playing a sound with power P1, and another playing a louder version of the same sound with power P2, but everything else (distance and frequency) is the same. The difference in decibels between the two loudspeakers is defined to be: 10 log (P2/P1) dB where the log is to base 10. If the second loudspeaker produces twice as much power than the first, the difference in dB is 10 log (P2/P1) = 10 log 2 = 3 dB. Page | 7 To continue the example, if the second loudspeaker has 10 times the power of the first, the difference in dB would be: 10 log (P2/P1) = 10 log 10 = 10 dB If the second loudspeaker had a million times the power of the first, the difference in dB would be: 10 log (P2/P1) = 10 log 1,000,000 = 60 dB This example shows one feature of decibel scales that is useful in discussing sound: they can describe very big ratios using numbers of modest size. RMS and peak to peak The second concept to understand is the difference between Root Mean Squared (RMS) and ‘peak to peak’. Peak to peak is the difference between the highest point of a sound wave and the lowest. The greatest environmental impact from an air gun is most likely to occur within the first peak of the cycle. The second peak within the cycle may have attenuated down to a point where reference to peak to peak would be inappropriate for this purpose. Root Mean Squared (RMS) is a formula used to calculate an approximate average for the power of a continuous sine wave. Therefore, calculating an RMS value is not appropriately achievable. RMS, for our purpose, is more appropriate for continuous sound over time, for instance an engine or propeller noise. Measuring sound in air and in water Water is a much denser medium than air. The speed of sound in water is approximately five times faster than it is in air. As we have already established, sound is measured in dB. In air, dB is measured dB re 20 µPa2 (re air) In water, dB is measured dB re 1 µPa2 (re water). 8 | Page In water dB is generally referred to as sound intensity level (SIL) or sound exposure level (SEL). In air, dB is generally referred to as sound pressure level (SPL), because air is less dense than water and has greater compressibility properties. Because of the difference in density between water and air, the comparison between 'sound intensity level' and 'sound pressure level' is not simple. However, for the technical level of this explanation the difference between air and water is 61.5 dB less in air. For example: 161.5 dB in relation to water is roughly equal 100 dB in relation to air. Spherical and cylindrical spreading and transmission loss Spherical spreading is quite simply sound leaving a point source in an expanding spherical shape. This shape changes as sound waves reach the sea surface and sea floor, they can no longer maintain their spherical shape and they begin to resemble the shape of an expanding cheese wheel. This is called cylindrical spreading. This is important to understand because the transmission loss, or the decrease in the sound intensity levels, happens uniformly in all directions when there is spherical transmission. However, when sound is in a state of cylindrical transmission it cannot propagate uniformly in all directions because of the sea surface and sea floor. The sound is effectively contained between the sea surface and the sea floor, while the radius is still expanding uniformly (the sides of the cheese wheel) but the height is now fixed and so the sound intensity level decreases more slowly. Wild Migration Technical and Policy Review: #3 This can be represented by the following two tables. Spherical transmission Range in meters Relative intensity Transmission loss in dB 1 10 100 1000 1 1/100 1/10,000 1/1,000,000 0 20 40 60 Cylindrical transmission Range in meters Relative intensity Transmission loss in dB 1 1 0 10 100 1000 1/10 1/100 1/1000 10 20 30 Super positioning, phase and phase cancellation If two sound sources of equal frequency and sound pressure or sound intensity level, converge upon each other and they are in perfect alignment the sound pressure or sound intensity amplitude will be the sum of these two sound sources. This is referred to as 'super positioning'. For example: There are two sound sources ‘A’ and ‘B’ A is 100dB at 100 Hz + B is 100dB at 100 Hz The resulting sound is then 103dB at 100 Hz. If two sound sources of equal frequency and sound pressure or sound intensity level, converge upon each other, and they are perfectly out of alignment, the sound pressure/intensity amplitude will be the difference between these two sound sources. This is referred to as 'phase cancellation'. Phase is the measurement of alignment of two sound sources from 0° to 359°. Wild Migration Technical and Policy Review: #3 If two sound sources of equal frequency and sound pressure/intensity level converge upon each other, and they are in perfect alignment, this is referred to as 'in phase'. If two sound sources of equal frequency and sound pressure/intensity level, converge upon each other, and they are perfectly out of alignment, this is referred to '180° out of phase'. If two sound points are at any other angle (for instance 90°) it is said that the ‘phase angle’ of that angle (for instance 90°) is between them. The examples given in this explanation are extremely simplistic. In reality, every day sounds (natural and anthropogenic) consist of many sound sources, all of different frequencies, amplitudes and phases. Sound can have its own characteristics as well. Some have a sharp attack and release (like a cannon or a firecracker) whereas others have slow attack and release (like wind) and many sounds fall somewhere in between (like human speech). The combination of these qualities make up the 'timbre' of particular sounds. Elasticity The speed of sound is also not a fixed numerical value. In fact, sound wave speed varies quite widely. The sound wave's speed depends upon the medium, or material, it is transmitted through, such as gas, solids, or liquids. Each medium has its own elasticity (or resistance to molecular deformity). This elasticity factor affects the sound wave's movement significantly. Sound waves move through a medium by transferring kinetic energy from one molecule to the next molecule. Gas Medium Gas naturally has large spaces between each molecule. As a result, sound waves take longer to move through a gas. Each air molecule vibrates at a slow speed after a sound wave passes through it since there is more space surrounding the molecule. The gas molecule effectively deforms in shape from the passing sound wave, making gas Page | 9 reflect a low elasticity. In fact, sound waves moving through an air temperature of 20° C will only travel approximately 342ms-1. Liquid Medium Liquid molecules bond together in a tighter formation, compared to gas molecules. The liquid molecules are more limited in their overall spacing, allowing only small vibration movements. As a result, sound waves do not deform the liquid molecules as severely as gas molecules, creating a higher elasticity level. Sound waves moving through water at 22° C travel at approximately 1484ms-1. Solid Medium Solid mediums, such as metal, transmit sound waves extremely fast. The solid molecules are tightly packed together, providing only tiny spaces for vibration. As a result, sound waves move rapidly through the high elasticity medium, since the solid molecules act like small springs, aiding the wave's movement across the medium. In fact, the speed of sound through aluminum is approximately 6319ms-1. The SOFAR channel is created because of cumulative effect of temperature and water pressure (and, to a smaller extent, salinity) that combines to create a region of minimum sound speed. This occurs because pressure in the ocean increases linearly with depth, but temperature is more variable generally falling rapidly in the main thermocline from the surface to around a thousand metres deep, then remaining almost unchanged from there to the ocean floor. Near the surface, the rapidly falling temperature causes a decrease in sound speed (or a negative sound speed gradient). With increasing depth, the increasing pressure causes an increase in sound speed (or a positive sound speed gradient). The depth where the sound speed is at a minimum is called the sound channel axis. This phenomenon can be represented with the graph (below). Graph: The Sound Fixing and Ranging (SOFAR) Channel, in this instance with the sound channel axis at -0.75km Temperature and Elasticity Finally, warmer temperatures across a medium excite molecules. As a result, molecules move faster under high temperatures, transmitting sound waves more rapidly across the medium. However, decreasing temperatures cause the molecules to vibrate at a slower pace, hindering the sound wave's movement. SOFAR In addition to cylindrical spreading, there is an additional variable which can impact how sound will be transmitted. This is usually called a Sound Fixing and Ranging Channel (SOFAR), or deep sound channel (DSC), and is a horizontal layer of water in the ocean at which depth, the speed of sound is at its minimum. SOFAR channels can act as a waveguide for sound and low frequency sound waves within the channel may travel thousands of kilometres before dissipating. 10 | Page Scientists believe that some whale species dive to these channels to 'sing' to (communicate with) other whales many kilometres away. Wild Migration Technical and Policy Review: #3 3 Conventional seismic surveys and alternative technologies Air guns Air guns are the common term for equipment used to discharge a high intensity plosive sound using compressed air. Air gun size is measured in cubic inches and has a charge pressure measured in poundforce per square inch (psi) For example: 3250in3 at 2000 psi could be a way of describing a particular air gun’s capacity. The sound intensity level produced by a single gun can vary considerably, but for the purposes of offshore petroleum exploration tend to sit in a range between 225 - 250 dB in relation to water (re 1 µPa2). How seismic surveys work The commonly used method in surveying employed by offshore petroleum exploration is called ‘seismic reflection’. The energy from an air gun array penetrates sub surface layers and is reflected back to the surface where is can be detected by acoustic receivers (hydrophones). The analysis of these reflections provides a profile of the underlying rock strata and helps industry to identify any configurations that are favorable to hydrocarbon accumulations. In some cases, it is possible to record anomalies that may correspond to actual hydrocarbon deposits. The two main types of seismic surveying are what are called 2D and 3D exploration. 2D surveys can be described as a fairly basic survey method using a single streamer and a single energy source. This method is generally used for quick surveying. 3D surveys use multiple streamers deployed in parallel and often multiple energy sources (commonly two), to record data suitable for the three-dimensional interpretation of the structures beneath the sea bed. Air gun arrays are towed behind a seismic survey vessel, and set to about 6 metres below the surface. The discharge is usually a low frequency high intensity sound pulse, emitted at 10-15 second intervals. The reflected sound is collected by generally twelve hydrophone collectors (streamers) Wild Migration Technical and Policy Review: #3 Page | 11 which can be around 8100m, each separated by approximately 100-120m and are towed behind the seismic survey vessel. The seismic survey vessel generally traverses along predefined transects (or seismic lines) which are about 500-750m apart on average. For the seismic survey process to work, there needs to be enough energy discharged from the air gun array to travel, sometimes several kilometres, to the sea floor and then to be refracted as it passes from water into rock to a prescribed depth and then refracted from rock to water to do the return journey to the hydrophone streamers. McCauley et al (2000) has made a very important point which is often missing from assessment literature - there is as yet no standardised way to describe an impulsive air gun signal. This makes it easily possible to develop erroneous conclusions if the specifications of each air-gun are not predetermined. Alterative technology options to seismic surveys have been in development for some years, but their take up is hampered by a 12 | Page low investment and interest from the offshore petroleum exploration sector. Controlled source alternatives Controlled source alternative to conventional seismic arrays generally put the same level of useable energy into the water as impulsive sources like air guns, but over a longer period of time or at depth. This results in lower peak sound levels that can be hundreds of times quieter. Electro-mechanical marine vibrators Electro-mechanical marine vibrators can operate close to the sea-bed and accomplish increased penetration and offer the opportunity to reduce the peak sound levels introduced into the water column, while tuning the frequencies transmitted to exactly the band-width required for operations. By using a sweep instead of an impulse source, the peak levels of sound generated can be reduced by 30 dB. This is done by spreading out the energy over time. A sweep that is 10 seconds has the same amplitude, after correlation, which a short 40 millisecond pulse generated by the air gun has. However, more research is needed to fully understand how to implement these sequences in an effective and optimized way. Marine vibrators have the additional Wild Migration Technical and Policy Review: #3 advantage of being more vertically directional in deeper water. Controlled-Source Electromagnetics The use of Controlled-Source Electromagnetics (CSEM) methods for exploration has also emerged in the last ten years as a practical tool for oil and gas applications. More than 220 marine CSEM surveys have been acquired worldwide by industry since 2000 and pre-drill prediction success rates have been favourably reported throughout the industry. of source and receiver characteristics, and better system gain(s), or new receiver technologies including fibre optic receivers that allow the use of quieter sources. The most useful CSEM survey technique uses a neutrally-buoyant towed horizontal electric dipole source and multi-component electric and magnetic receivers on the seabed. The continuously towed source transmits a high-current low-voltage waveform at a lower frequency, typically from 0.1 to 0.5 Hz that provides adequate signal penetration to deep sub-seafloor targets. Deep Tow Array Geophysical Systems The Deep Tow Array Geophysical System (DTAGS) are also designed to be towed, but at an altitude of 100 metres at full ocean depth (6,000 metres). They have sea-bed penetration of 500 metres. The DTAGS system operates over an acoustic band of 260 to 650 Hz with a peak source level of 201 dB (1 μPa2 @ 1 m) Air gun design can be optimized to reduce unwanted energy Conventional seismic survey air guns produce broad-band acoustic energy in directions (both horizontal and vertical). The acoustic output has highest energy at relatively low frequencies of 10–200 Hz, but air gun arrays can also produce significant high frequency sound energy, at times dominating frequencies up to 22 kHz within a few kilometres of the source. It is possible to reduce this unnecessary acoustic energy through array, source, and receiver design optimization – such as better system optimization including better pairing Wild Migration Technical and Policy Review: #3 The complexities of sound in water and air gun design mean that simple generalizations about sound transmission are not appropriate. Air gun signal descriptors, measurements and conversions need to be precisely stated. With this precise information known, mitigation techniques and risk assessments should then be developed prior to commencing surveys. These risk assessments should include characteristics of the specific survey to be used and detailed modelling of probable noise propagation in the area to be surveyed. Page | 13 Wildlife are not adapted to anthropogenic noise 14 | Page Wild Migration Technical and Policy Review: #3 4 Noise impact potential While the ocean is certainly a sound-filled environment and many natural (or biological) sounds are very loud, wildlife are not adapted to anthropogenic noise. Industry comparisons of anthropogenic noise to natural sounds is neither defensible nor relevant. Wildlife responses to noise fall into three main categories: behavioral, acoustic and physiological. 1. Behavioral responses that include changes in surfacing, diving and heading patterns. Migrating whales have been shown to execute significant course and speed changes to avoid close encounters with operating seismic arrays. There are also observations of whales at the surface approaching an operating seismic array to within 100 metres, then swimming quickly away by changing direction. 2. Acoustic responses that include changes in type or timing of vocalizations relative to the noise source. 3. Physiological responses or impacts that include physical damage, hearing threshold shifts and ‘stress’ in some mammals, or simply the masking of natural sounds that the animal would normal rely on. Animals exposed to elevated or prolonged noise levels can suffer permanent hearing threshold shifts, temporary hearing threshold shifts changing their ability to hear, usually at a particular frequency. Anthropogenic noise is unexpected and can also mask important natural sounds, such as the call of a mate, the sound Wild Migration Technical and Policy Review: #3 made by prey or the noise made by a predator. Other animals may be physically damaged by the shock wave component of the sound wave. As most marine animals rely on sound for their vital life functions, such as communication, prey and predator detection, orientation and for sensing their surroundings, it is not surprising that impacts from seismic surveys on marine species from mammals and fish are also now well-documented and of growing concern. Energy from air gun impulses are mostly concentrated in the lower frequencies, however there is still substantial energy in the tens of kiloHertz (kHz), and even energy up to 150 kHz, which explains why marine mammals with higher frequency sensitivities do react to these noises. Fish, Crustaceans and Cephalopods Behavioural responses of fish to seismic noise is varied and include leaving the area of the noise, to changes in depth distribution, spatial changes in schooling behaviour, as well as startle responses to short range start up or high level sounds. Page | 15 In some cases behavioural responses were observed up to 5 km distance from the seismic air gun array. Recent research by Fewtrell and McCauley (2012) indicate a clear behaviour response to air gun noise levels. As these increase, fish respond by moving to the bottom of the water column and swimming faster in more tightly cohesive groups. Significant increases in alarm responses were observed in fish and squid to air gun noise above 147–151 dB (re 1µPa2 SEL). An increase in the occurrence of alarm responses was also observed as noise level increased. Squid in view of the camera ejected ink at the first air gun signal (162 dB re 1µPa2.s) and then moved backwards, away from the air gun. The behavioural observations in this study indicate that air gun noise does result in alterations in fish and squid behaviour. The types of behaviour observed in response to noise are similar to those reported in fish by other researchers including: alarm responses and changes in schooling patterns, position in the water column and swimming speeds. A relationship between behavioural responses and noise level was also demonstrated. Disruption of behaviour during critical periods such as mating, spawning and migration could be particularly important. Anecdotally, fishermen around the world have recognised a corresponding drop in fish recruitment in the seasons following a seismic survey, which could indicate that damage might have been caused to larval development or another part of the breeding lifecycle. However, the significant absence of studies before, during and after surveys means that empirical evidence is hard to demonstrate. The absence of studies is mostly because industry has been reluctant to fund or facilitate the studies. However, the absence of evidence is not evidence of absence. Seismic survey proponents cannot empirically demonstrate that their activities cause no harm. Studies that have been completed have found that seismic surveys severely affect fish distribution, local abundance, and catch 16 | Page – in one study by about 50 percent (by mass) for a trawl fishery and by 21 percent for a longline fishery. These reductions in catch rates were observed 18 nautical miles from the seismic shooting area (3 x10 nautical miles), but the most pronounced reduction occurred within the shooting area, where trawl catches were reduced by about 70 percent and the longline catches by 45 percent. Abundance and catch rates did not return to pre survey levels during the 5-day period after the seismic survey ended while researchers were still investigating. A number of other studies have shown a decrease in larger fish species for a period after the seismic survey. A later study has shown a strong likelihood of damage to the ears of some fish. The study indicated that regeneration did not counteract the loss of cells resulting from intense exposure to sound and that damage continued to accrue well after exposure. Such impacts could have significant implications for the behaviour and fitness of populations of fish species. Although the effects of air gun noise on spawning behaviour of fish have not been quantified to date, researchers believe that if fish are exposed to powerful external forces on their migration paths or spawning grounds, they may be disturbed or even cease spawning altogether. Crustaceans (crabs, lobsters, crayfish, shrimp, krill and barnacles) are the only invertebrates besides insects and spiders that communicate with acoustic signals. An important study carried out on rock lobster has brought forward information that sublethal effects have been observed with respect to feeding and serum biochemistry weeks to months after exposure. A cellular change was also noted in the digestive gland of animals that had been exposed 4 months earlier, which may be linked to organ 'stress'. While these studies are not conclusive, they do indicate a need for caution. The effects on snow crab from close exposure (in a controlled experiment) included effects on developing fertilized eggs, bruising of the heptopancreas and Wild Migration Technical and Policy Review: #3 ovaries, delayed embryo development, smaller larvae. de Soto et al (2013) has also researched mollusc larvae (in this case scallop) exposed to playbacks of seismic pulses. They showed significant developmental delays in the animals and 46 percent developed body abnormalities. Similar effects were observed in all independent samples exposed to noise while no malformations were found in the control groups. Noise exposure during critical growth intervals may also contribute to stock vulnerability, underlining the urgency to investigate potential long-term effects of acoustic pollution on shellfish. Similar studies have produced similar results for cephalopods (octopuses, squid, cuttlefish and Nautiloidea) in a number of parts of the world. Pinnipeds Pinnipeds (seals, sea lions, walrus) are a group of species that live part of their lives in both air and in water. As such, their hearing is adapted to both and they are likely to be susceptible to the harmful effects of loud noise in both media. The range of greatest hearing sensitivity in California sea lions has been demonstrated to be between 1 and 28kHz, with their best sensitivity at 16 kHz. Similar audiograms have been demonstrated for harbour seals and harp seals. Behavioural responses to anthropogenic sound have been recorded in a number of different pinnipeds populations and the long distance at which behaviour changes have been observed indicate the need for precautionary mitigation. Behavioral responses have included seals ‘hauling-out’ (possibly to avoid the noise) and removing themselves from feeding activities. Animals that remained in the water seemed to have returned to pre-trial behaviour within two hours of the noise ceasing. The physiological impacts of loud low frequency sounds can include cochlear lesions and temporary threshold shift. In Wild Migration Technical and Policy Review: #3 most respects, noise-induced threshold shifts in pinnipeds follow trends similar to those observed in other mammals. Unique to pinnipeds are their vibrissae, which are well supplied with nerves, blood vessels and muscles. They have been shown (for example, in harbour seals, Phoca vitulina) to be sufficiently sensitive to low frequency waterborne vibrations that they may function to detect even the subtle movements of fish and other aquatic organisms. Impact from anthropogenic sound may also extend to prey. If prey species are affected, for example fish schools driven away or diverted by a seismic survey, then there may be consequences for species which rely upon them as prey. If there are disturbances in pinniped feeding environments that result in reduced food availability, animals may show signs of reduced condition and may have difficulty feeding their pups, which could result in reduced reproductive success through higher levels of neonatal mortality. It is also known that disturbances in marine and terrestrial environments can cause pinnipeds to abandon colonies entirely, which could have serious implications, especially for species that are already endangered. Sirenians Similarly, sirenians (dugong and manatee) may be displaced from key feeding habitats by exposure to noise. While the bulk of research has focused on boating traffic, their behavioural response to the noise of passing vessels substantiates that these animals are sensitive to noise and should be considered carefully in any environmental impact assessments that are conducted. Cetaceans Cetaceans (whales, dolphins and porpoises) are perhaps the most studied group of marine species when considering the impact of anthropogenic noise. Page | 17 Baleen whales use low frequency signals for communication, hearing, predator avoidance and localising mates. Whales have demonstrated very clear acoustic responses when they change their calling behaviour around noise from seismic activity. Most cetacean species studies have demonstrated avoidance behavioural responses, with some documented as responding to sound at 140dB (re 1µPa2s). Di Iorio & Clark (2010) have concluded that reducing an individual’s ability to detect socially relevant signals could affect biologically important processes. There are cases of animals hovering at the surface, perhaps to move into the zone of least impact (10 metres at the sea surface), increasing their respiration rates and in a few instances males showing aggressive behaviour to the vessels. There are other cases of animals fleeing from seismic vessels with at least one documented case a dolphin travelling approximately 600 metres ahead of a seismic survey vessel, presumably in distress. The animal’s balance became unstable and as exhaustion progressed the dolphin rolled over onto one side before sinking virtually motionless close to the air gun array, presumably dead. Researchers have found animals experience other physiological impacts, including temporary threshold shifts to their hearing. Gedamke et al (2011) has suggested that there is a reasonable likelihood that baleen whales could potentially be susceptible to temporary threshold shift at a kilometre or more from seismic surveys. In some research studies, dolphins and porpoises have shown the most significant avoidance behavior (rather than baleen whales), suggesting that different taxonomic groups of cetaceans may adopt different strategies for responding to acoustic disturbance from seismic surveys. However, researchers also caution that short-term proxies such as avoidance behavior should not be considered sufficiently robust to assess the extent and biological significance of long-term individual and population-level 18 | Page impacts and that there are serious concerns about populations threats from reduced prey availability, physical trauma, communication distress and stress. They further caution that there may have been serious underestimations of noise-induced strandings or mortalities in the past, as many impacts will take place below the seasurface. Recent studies on the energetic demands of blue whale lunging and foraging have found that the energetic cost of a single lunge ranges from 3226 to 8071kj. Large baleen whales need to feed in areas with high concentration of krill, and the proximity of whales to seismic vessels must be interpreted in the context of their pressing need to consume tonnes of food per day. It might be that whales continue to feed in an area where they experience acoustic discomfort similarly to meet their dietary demands. Habitat displacement is also likely to be a significant factor for all cetacean species. Researchers have extrapolated a strong likelihood that whales at a kilometre or more from seismic surveys could be susceptible to acoustic trauma and temporary threshold shift to the extent that it could compromise the individual and possibly the population. Given the emergent information about elevated stress hormones a precautionary position is warranted. Sea turtles Studies of the hearing capabilities of sea turtles show that they hear low frequency sounds within the range of 100 to 1000 Hz with greatest sensitivity at 200 to 400 Hz for adult sea turtles, and 600 and 700 Hz for juveniles. In 1990 O’Hara & Wilcox assessed the feasibility of using seismic air guns discharged underwater to prevent loggerhead turtles from entering a water intake canal and found that the turtles would not breach a 30 metre perimeter around the source of the noise. However the method was abandoned due to the sound output (200dB) and its impact to other Wild Migration Technical and Policy Review: #3 species. What was not established is what depth the turtles approaching the sound were travelling because it might be that their behavioural impact zone would be different in deeper water. When these experiments were extended, researchers found that although loggerhead turtles initially avoided the region where the noise source was located, with repeated exposure the avoidance response waned. They were unsure if the decrease in the behavioural avoidance response was because of habituation or hearing impairment caused by repeated exposure to high intensity sounds. Elsewhere, trials were also conducted with caged sea turtles and an approachingdeparting single air gun to gauge behavioural responses. They showed that above an air gun level of 166dB (re 1 μPa2 rms) the turtles noticeably increased their swimming activity compared to non air gun operation periods and above 175dB (re 1 μPa2 rms) their behaviour became more erratic possibly indicating the turtles were in in distress. The researchers hypothesised that the point at which the turtles showed the more erratic behaviour would be expected to approximately equal the point at which avoidance would occur for unrestrained turtles. Polar bears and seabirds Polar bears and the many seabirds around the world have yet to be specifically considered in terms of their reactions to noise pollution in their environment. However, this does not reduce their risk nor the potential for impact as, at a minimum, their prey may be seriously impacted. Most marine species have finely tuned energy budgets. They may not have the resilience in energy stores to arrive at a location where food has been previously abundant and to find their prey gone. Therefore, the ‘downstream impact’ to these species should also be considered in Environmental Impact Assessments. Wild Migration Technical and Policy Review: #3 The importance of considering stress In 2012 Rolland et al released an important report highlighting the need to consider the impact prolonged noise exposure may have on marine species and in particular for their study on whales. This is especially pertinent for resident species dependant on certain habitats, such as beluga, seals or sea lions. Acoustic studies have long shown that right whales alter their vocalization behaviour in noisy habitats by increasing both the amplitude and frequency of their stereotyped ‘upcalls’ (the main contact sounds used by these whales). It is not material to the point of the research if the noise is as a result of seismic surveys or heavy shipping traffic. The point of this finding is that the habitat was ‘noisy’. A comparison of three right whale habitats along the east coast of the USA and Canada found that the Bay of Fundy had the highest levels of background low frequency noise associated with heavy shipping traffic, and that the frequencies of right whale ‘upcalls’ were significantly higher in this habitat. Right whales congregate during late summer in the Bay of Fundy, Canada, to feed and nurse their calves and since 1980 the New England Aquarium (Boston, MA, USA) had been conducting annual population surveys in this critical right whale habitat. All shipping traffic around North America was suddenly halted in the immediate aftermath of the 9/11 attacks. The researchers noted the marked decrease noise produced by ship traffic in the Bay of Fundy – specifically a noticeable decrease in low-frequency background noise. A study of stress-related faecal hormone metabolites was also underway throughout the 2001 field season and over the four subsequent years. When the acoustic recordings and ship traffic data was analyzed alongside the faecal glucocorticoid (fGC) they revealed measures of physiological stress in the whales before and after 9/11. Researchers saw a significant decrease in stress-related Page | 19 fGC hormone levels in right whales corresponding with the post-9/11 decrease in background underwater noise. The production of stress hormones is a key physiological step in balancing the expenditure of energy of all vertebrates. It involves an endocrine system response that releases corticosteroids. These hormones facilitate the ability of an individual to survive exposure to a threat. While this response is effective in the presence of short-term stressors, chronic levels of stress can result in various pathological dysfunctions, including an increase in blood glucose, or the inhibition of reproduction, immune function, or growth. If this continues for a long time (chronic stress), it can cause damage to an individual's physical and mental health. If this is so, then an animal’s ‘flight’ response to an unanticipated acute threat (such as anthropogenic noise) could mean they act to flee the threats instead of managing their N2, resulting in decompression injury. The release of corticosteroids in humans is known to lead to structural changes in brains, ultimately producing impairments in working memory and spatial memory, as well as increased aggression. Unexpected consequences for deep diving mammals New science is now revealing that the effects of water pressure may cause a range of challenges related to the management of nitrogen gas (N2) for deep diving mammals. Under pressure, lung gases in diving mammals move to the blood and other tissues of the body. As water pressure increases with depth, the amount of N2 that is absorbed by the blood and tissues also increases. Researchers have recently determined that under most natural conditions, deep diving mammals appear to dive without bubbleinduced decompression injury (and the precursors to this injury from supersaturation and bubble presence). It may be that they have developed physiological adaptations to mitigate N2 loading during dives and that these are being consciously managed by the animals themselves, on a dive-by-dive basis. 20 | Page This section has sought to provide a very brief summary of the now substantive weight of impact literature available. Environmental Impact Assessments should consider all species that might be present during an offshore seismic survey as well as the exposure level and exposure duration they might experience. A solid case should be developed for how impact to these species will be mitigated when seeking regulatory approval. Wild Migration Technical and Policy Review: #3 5 International commitments flow to proponents Detailed international political discussion is now taking place about the world-wide regulation of anthropogenic noise in the marine environment. Concerns over impacts of seismic surveys in particular have been expressed by Governments through 12 separate international instruments including: the United Nations General Assembly, the Convention of Migratory Species (CMS) and at least 12 CMS species agreements; the Convention on Biological Diversity (CBD); the International Maritime Organization; the International Union for Conservation of Nature; and a number of region or issue specific instruments. CBD Decision XI/18 (2012) has encouraged Governments to: “minimize the significant adverse impacts of anthropogenic underwater noise on marine biodiversity, including the full range of best available technologies and best environmental practices where appropriate and needed” and to “develop indicators and explore frameworks for monitoring underwater noise for the conservation and sustainable use of marine biodiversity, and report on progress to a meeting of the Subsidiary Body prior to the twelfth meeting of the Conference of the Parties” likely to be held in 2015. Similarly, through CMS Resolution 10.24 (2011) Governments: “Reaffirmed that there is a need for ongoing and further internationally coordinated research on the impact of underwater noise ... on cetaceans and Wild Migration Technical and Policy Review: #3 other migratory species and their migratory routes and ecological coherence in order to give adequate protection to cetaceans and other marine migratory species; Strongly urge Parties to prevent adverse effects on cetaceans and on other migratory marine species by restricting the emission of underwater noise ... and where noise cannot be avoided, urges Parties to develop an appropriate regulatory framework or implement relevant measures to ensure a reduction or mitigation of man-made underwater noise; Urge Parties to ensure that Environmental Impact Assessments take full account of the effects of activities on cetaceans and to consider potential impacts on marine biota and their migration routes and consider a more holistic ecological approach already at a strategic planning stage; Recommend that Parties apply Best Available Techniques (BAT) and Best Environmental Practice (BEP) including, where appropriate, clean technology, in their efforts to reduce or mitigate marine noise pollution; Encourage Parties to integrate the issue of anthropogenic noise into the management plans of marine protected areas (MPAs) where appropriate, in accordance with international law, including [United National Convention on the Law of the Sea].” The commitments have been adopted by 193 Governments (as CBD Parties) and 119 Governments (as CMS Parties) respectively. These international commitments have been made by Governments and should be adopted into national policies and law. Therefore implementing these commitments becomes the responsibility of offshore petroleum exploration proponents to reflect in their Environment Impact Assessments and project proposals. Page | 21 semper necessitas probandi incumbit ei qui agit: the necessity for proof lies with the claim 22 | Page Wild Migration Technical and Policy Review: #3 6 Natural Justice: Consultation, transparency and commercial sensitivity Natural Justice Natural justice is both a legal and common concept with two parts: it removes bias to maintain public confidence in a legal or policy system and enshrines a right to a fair hearing so that individuals are not unfairly impacted (penalized) by decisions that affect their rights or legitimate expectations. In the case of decisions for activities in the marine environment, confidence that there is no hidden bias can be developed by ensuring there is full transparency and that all stakeholders are given reasonable notice of the plans, a fair opportunity to present their own concerns and that these concerns will factor in the final decision that is made. Stakeholders with a rightful interest in the marine environment include marine users such as traditional communities with cultural or spiritual connections, fishermen (commercial and recreational), shipping and boating, tourism operators and scientists, as well as conservation organisations who are advocating for the conservation of marine wildlife or marine ecosystems. Transparency and commercial sensitivity Of course the extent of transparency should complement the goals of natural justice and consultation, but does not need to provide information that is truthfully commercially or personally sensitive. However, far too often commercial sensitivity is a veil that industry proponents hide behind. Wild Migration Technical and Policy Review: #3 The technical details of offshore petroleum exploration proposals should all be fully and transparently available for comment before plans are submitted for approval to regulators. This includes: descriptions of the direct and surrounding area of the survey; equipment to be used; modelling of the survey sound intensity levels and sound dispersal; timeframes; track-lines; speed of vessels; cumulative impacts of other activities; species in the region; baseline data that has been gathered; and scientific monitoring programmes conducted during and after the seismic survey. This information is not commercially sensitive and proponents should not seek to hide it from view. Consultation True consultation has two key components the burden of proof and participation in the outcome of a decision. Burden of proof is often associated with the Latin maxim semper necessitas probandi incumbit ei qui agit, which when translated means "the necessity for proof always lies with the person who makes the claim." In the case of offshore petroleum exploration proponents, it is their claim that the activities they propose to undertake – in a shared marine environment – will cause no harm. Stakeholders do not carry the burden of proof but instead carry the benefit of assumption, meaning they need no evidence to support their position. It is up to the proponent to provide the assurance. The current situation in far too many jurisdictions around the world is that industry has shifted the burden of proof to stakeholders. It should be the other way around. Transparency is necessary for well-informed consultation. Participation should facilitate individuals and groups to influence decisions, increasing trust about the outcome of environmental decision making. Page | 23 24 | Page Environmental Impact Assessments should be mandatory in all jurisdictions Wild Migration Technical and Policy Review: #3 7 Environmental Impact Assessments: Offshore Petroleum Exploration A Model Environmental Impact Assessment and consultation process Stage one: Developing a thorough Environmental Impact Assessment In addition to jurisdictional specific requirements for impact mitigation, such as observers or passive acoustic monitoring, Environmental Impact Assessments for offshore petroleum exploration proposals should be developed early in the proposal’s development process and should transparently include: 1) Description of area a) Detailed description of the direct area of the survey – including seabed composition, description of know stratification characteristics and broad ecosystem descriptions – as well as neighbouring areas which will experience sound transmission above 100dB (re 1 µPa2 ) generated by the proposed survey b) Identification of previous surveys, their seasons and duration in the same or adjoining areas c) Identification of previous test wells in the same or adjoining areas, including comment about any which are, or may, breach The weight of evidence is now sufficiently strong that full, detailed and transparent Environmental Impact Assessment should be mandatory for all offshore petroleum exploration proposals in all jurisdictions. Wild Migration Technical and Policy Review: #3 2) Description of the equipment to be used a) Explanation of all survey technologies available and why the proposed technology is chosen b) Detailed description of the survey technology to be used c) Name and description of the survey vessel d) If an air gun array is proposed: i) Number of arrays ii) Number of air guns within each array iii) Air gun charge pressure to be used (PSI) Page | 25 iv) Volume of each air gun in cubic inches v) Official calibration figures supplied by the survey vessel to be charted vi) Modelled sound intensity level one metre from source derived from the official calibration figures vii) Depth the air guns to be set viii) Number of streamers ix) Length of streamers x) Distant set apart xi) Depth the hydrophones are set 3) Description of activity a) Full description of the total area of the acreage to be explored and the entire exploration plan (2D, 3D and test wells) and for each activity: i) Specifics of the activity including anticipated nautical miles to be covered, track-lines, speed of vessels, duration of track-lines, start up and shut down procedures, swinging distance and procedures including any planned air gun power setting changes. ii) Computer modelling of sound dispersal in the same season/weather conditions as the proposed survey. Local propagation features (spherical and cylindrical spreading, depth and type of sea bottom, local propagation paths related to thermal stratification), and out to a radius of a thousand nautical miles iii) Identification of any SOFAR or natural channels characteristics iv) Identification of proposed species exclusion zones and description of how noise propagation into these zones will be minimised, taking into consideration the local propagation features (spherical and cylindrical spreading, depth and type of sea bottom, local 26 | Page propagation paths related to thermal stratification). v) Sound intensity level and frequencies (Hz) from a point source, as well as the duration of each pulse (milliseconds), interval between pulses (seconds) and expected duration of pulses (12/24 hour days) for the survey b) Identification of other impacting activities in the region during the planned survey, and what the cumulative impact might be 4) Species likely to be encountered or impacted a) Description of all listed/protected species likely to be present and that will experience sound transmission above 100dB (re 1 µPa2) generated by the proposed survey, the total time they will experience sound above 100dB (re 1 µPa2) and proposed measures being taken for each to minimise impact. b) Details of likely impact for each species, including: i) Identification of safe / harmful exposure levels for various species, age classes and contexts that is precautionary enough to handle large levels of uncertainty. (Extrapolations from other species, measures of uncertainty should quantify the chances of coming up with a wrong, and dangerous conclusion) ii) Type of impact predicted (direct, behavioural and the duration) as well as impacts to prey species iii) Soft start and shut-down protocols iv) Plans for 24 hour visual detection, especially under conditions of poor visibility (including high winds, night conditions, sea spray or fog) v) Plans for establishing exclusion zones (EZ). These should be established on a scientific and Wild Migration Technical and Policy Review: #3 c) d) e) f) g) precautionary basis rather than as arbitrary and/or static designations. These EZ should be verified in the field Description of all fisheries likely to be present or to rely on prey that might be present and that will experience sound transmission above 100dB (re 1 µPa2) generated by the proposed survey and proposed measures being taken for each to minimise impact Details of independent and transparent monitoring of all at-sea activities and observer coverage Details of transparent processes for regular real-time public reporting of activity progress and all impacts encountered Details of baseline data that has been gathered before developing the Environmental Impact Assessment Details of scientific monitoring programmes, conducted during and after the seismic survey, to assess impact 5) Reporting plans a) Details of plans for post operation reporting including verification of the effectiveness of mitigation Stage two: Stakeholder consultation The stakeholder consultation process should embrace the principles of natural justice, burden of proof, participation and transparency. 6) Details of consultation and independent review a) Identification of stakeholders who have been consulted b) Identification of independent experts – especially species experts – that have been consulted including their affiliation and their qualifications c) Explanation of information provided to stakeholders and experts, any opportunities given for appropriate Wild Migration Technical and Policy Review: #3 engagement and the timeframe given for them to provide feedback d) Description of the comments, queries, requests and concerns received from each of the stakeholders and experts e) Explanation of what amendments and changes have been made to the proposed survey to the comments, queries, requests and concerns f) Explanation of which comments, queries, requests and concerns have not been accommodated and why g) Details of plans for regular real-time public reporting of during and after the activity including all impacts encountered. 7) Proposal amendment and submission a) Amendment of the proposal plans and corresponding Environmental Impact Assessment/s, including the inputs of the stakeholder consultation process and how concerns have been accommodated Stage three: Ongoing stakeholder engagement The ongoing stakeholder engagement process should seek to build on the stakeholder consultation process building ongoing trust and ensuring stakeholder confidence. 8) Post operation reporting b) Engagement with post operation reporting including verification of the effectiveness of mitigation We urge regulators and policy makers to consider requiring this level of transparency and technical detail in Environmental Impact Assessments and consultation processes. 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