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Stakeholder consultation on the JNCC guidelines for minimising
the risk of injury and disturbance to marine mammals from seismic
surveys
Consultation issued: 23 November 2016
Deadline for responses: Friday 23 December 2016
Consultation web page: http://jncc.defra.gov.uk/page-7339
Response submission: http://www.smartsurvey.co.uk/s/JNCCguidelines/
For any enquiries please email: [email protected]
In 1995, the UK government adopted a set of guidelines developed by JNCC to minimise
disturbance to small cetaceans from seismic surveys and other operations where acoustic
energy is released. Since then the JNCC guidelines have been revised on a number of
occasions, taking into account stakeholder feedback, common issues encountered and new
research into marine mammal hearing and sensitivity. The guidelines aim to reduce the risk
of injury to marine mammals to negligible levels and help reduce the risk of disturbance.
The current version of the guidelines was published in August 2010 (JNCC, 2010). JNCC is
now undertaking a new review to ensure the guidelines remain fit for purpose, are logistically
feasible and provide the best available mitigation.
Please note, a stakeholder consultation on MMO training courses and standards is being
developed by JNCC and will be carried out separately to this consultation.
Background
In March 2015, JNCC published two reports; the first (Stone, 2015a) analysed seismic
survey and marine mammal observer (MMO) data between 1994 and 2010 to assess the
effects of seismic operations on marine mammals and identify general trends in compliance.
The second (Stone, 2015b) assessed the level of compliance with the guidelines from 1995
to 2010 and highlighted items to be considered during the next guideline revision.
The results from these reports, together with general queries and feedback received from
MMO reports, were used to generate an initial set of consultation questions. The information
and opinions gathered during this consultation and the recommendations proposed by
Stone, 2015b have been used to inform the draft revision of the JNCC seismic guidelines
which are now presented for consultation.
Consultation
This consultation has been designed to enable stakeholders to comment on each part of the
guidelines with particular reference to ecological and practical suitability. Throughout the
consultation we request that when considering your answers, please set out your support
and/ or concerns including any suggested changes and solutions, citing the specific section/
paragraph number which your comments refers to.
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JNCC guidelines for minimising the risk of injury and
disturbance to marine mammals from seismic surveys
November 2016
For further information please contact:
Email: [email protected]
Joint Nature Conservation Committee
Tel: +44 (0) 1224 266550
Fax: +44 (0) 1224 896170
Inverdee House, Baxter Street,
http://jncc.defra.gov.uk/
Aberdeen, AB11 9QA, United Kingdom
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Contents
Abbreviations..................................................................................................................... 4
Introduction ....................................................................................................................... 5
1.
Planning ..................................................................................................................... 6
2.
Marine Mammal Observer and Passive Acoustic Monitoring ...................................... 8
3.
2.1.
Role of MMO/ PAM operatives ............................................................................ 9
2.2.
Training requirements.......................................................................................... 9
2.3.
Equipment and reporting forms ......................................................................... 10
2.4.
Requirements for MMOs and PAM during survey .............................................. 12
Standard Mitigation Procedures ............................................................................... 14
3.1.
Seismic Operations ........................................................................................... 14
3.2.
Pre-shooting search .......................................................................................... 15
3.3.
If marine mammal detected within mitigation zone ............................................ 16
3.4.
Soft-start............................................................................................................ 18
3.5.
Line changes ..................................................................................................... 19
3.6.
Undershoot operations ...................................................................................... 20
3.7.
Unplanned breaks in operations ........................................................................ 20
4.
Site surveys with airgun volume <180 cubic inch ...................................................... 22
5.
Ocean Bottom Seismic (OBS) .................................................................................. 22
6.
Vertical Seismic Profiling (VSP) ................................................................................ 23
7.
Sub-bottom profiling (SBP) ....................................................................................... 23
8.
Multi-beam and echo-sounder surveys ..................................................................... 24
9.
Reporting.................................................................................................................. 24
10. Non-licensed surveys ............................................................................................... 25
11. Marine turtles and basking sharks ............................................................................ 25
12. New Technologies .................................................................................................... 26
13. References ............................................................................................................... 26
Appendix 1: Glossary ...................................................................................................... 29
Appendix 2: MMO report ................................................................................................. 33
Appendix 3: DRAFT non-compliance form....................................................................... 35
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Abbreviations
AA
Appropriate Assessment
BEIS
Department for Business, Energy and Industrial Strategy
EIA
Environmental Impact Assessment
EPS
European Protected Species
HR
Conservation (Natural Habitats &c.) Regulations (referred to as Habitat
Regulations)
HRA
Habitat Regulation Appraisal/ Assessment
JNCC
Joint Nature Conservation Committee
MCZ
Marine Conservation Zone
MMO
Marine Mammal Observer
MS
Marine Scotland
NC MPA
Nature Conservation Marine Protected Area
NE
Natural England
NRW
Natural Resource Wales
OBC
Ocean Bottom Cable
OBN
Ocean Bottom Node
OMR
Offshore Marine Conservation (Natural Habitats, &c.) Regulations (referred to
as Offshore Marine Regulations)
PAM
Passive Acoustic Monitoring
SAC
Special Area of Conservation
SNCB
Statutory Nature Conservation Body
SPI
Shot Point Interval
UKCS
United Kingdom Continental Shelf
VSP
Vertical Seismic Profiling
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Introduction
The guidelines have been written for seismic survey activities on the United Kingdom
Continental Shelf (UKCS) and are primarily aimed at reducing the risk of injury to marine
mammals (seals, whales and dolphins) to negligible levels. Mitigation measures discussed
can also potentially reduce the risk of disturbance. The guidelines can also be used to
reduce the risk of impacts on turtles and basking sharks (see Section 10).
The guidelines were originally prepared by a working group convened by the then
Department of the Environment. They have subsequently been reviewed four times by the
Joint Nature Conservation Committee (JNCC) following consultation with relevant
stakeholders including regulators, industry, nature conservation bodies, marine mammal
observers (MMO) and MMO course providers.
These guidelines are written with operations typical for UK waters in mind. Whilst there are
no objections to these guidelines being used elsewhere, JNCC would encourage all
operators to determine if any special or local circumstances apply, as these guidelines are
not intended to be used where a local management tool has already been adopted (for
instance in the Gulf of Mexico Outer Continental Shelf Region).
The 2010 revision of these guidelines reflected amendments to UK legislation, primarily


The Conservation of Habitats and Species Regulations 20101 – (referred to as the
Habitat Regulations, HR); and
The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 20072
(referred to as the Offshore Marine Regulations, (OMR)), as amended in 2009 and
2010.
Both regulations revised the definition of deliberate disturbance of ‘European Protected
Species’ (EPS) and included the offence of deliberate injury. European Protected Species
include cetaceans and turtles.
The current revision reflects new research into potential impacts to marine mammals from
anthropogenic noise, a review of existing mitigation measures (Stone, 2015a & b) and
changes to consenting requirements.
It is recognised that sound generated from seismic sources has the potential to cause injury
and disturbance to marine mammals. Seismic surveys have therefore the potential to cause
a deliberate injury offence as defined under regulations 41(1)(a) and 39(1)(a) and a
deliberate disturbance offence as in 41(1)(b) and 39(1)(b) of the HR and OMR, respectively.
The JNCC seismic guidelines reflect best practice for operators to follow during the planning,
operational and reporting stages of a seismic survey.
1 The Conservation of Habitats and Species Regulations 2010 consolidate all amendments to the Conservation (Natural
Habitats, &c.) Regulations 1994 in respect of England and Wales. The 1994 Regulations transposed Habitats Directive into
national law. In Scotland the Habitats Directive is transposed through a combination of the Habitats Regulations 2010 (in
relation to reserved matters) and the 1994 Regulations. The Conservation (Natural Habitats, &c) Regulations (Northern Ireland)
1995 (as amended) transpose the Habitats Directive in relation to Northern Ireland.
2 Consolidates the Habitats Directive in UK waters beyond 12 nm offshore.
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Note, mitigation measures recommended in these guidelines are more relevant to the
prevention of injury rather than disturbance as defined in regulations 41(2) and 39(1A), of the
HR and OMR, respectively. Whilst the mitigation measures in the JNCC guidelines have
some limitations, it is considered that compliance with these guidelines constitutes best
practice and will, in most cases, reduce the risk of injury to EPS to negligible levels.
The onus is on the organisation responsible for the activity to assess whether a disturbance
offence is likely to occur (see Section 1 for further details).
Oil and gas seismic surveys in the UKCS: it is a requirement of the consent issued under
Regulation 4 of the Petroleum Activities (Conservation of Habitats) Regulations 2001 (&
2007 Amendments) by the Department for Business, Energy and Industrial Strategy (BEIS)3,
that the JNCC Seismic Guidelines must be followed, and elements of the guidelines
particularly relevant to a survey are incorporated as a legally-binding condition of the
consent. It is the responsibility of the company issued consent by BEIS, referred to in these
guidelines as the ‘applicant’, to ensure that these guidelines are followed.
1. Planning
When a seismic survey is being planned, the applicant should consider the following:



Determine what marine mammal species are likely to be present in the survey area
and assess if there are any seasonal considerations that need to be taken into
account, for example, periods of seal pupping and seasonality in Special Areas of
Conservation (e.g. Southern North Sea possible Special Area of Conservation (SAC)
for harbour porpoise). For UKCS waters, the following references may be useful:
o Atlas of cetacean distribution in north-west European waters (Reid et al.,
2003);
o Atlas of the marine mammals of Wales (Baines & Evans, 2012);
o Scotland’s Marine Atlas (2011);
o Joint Cetacean Protocol Phase III report (Paxton et al., 2016);
o Small Cetaceans At Sea Surveys (SCANS);
o Special Committee on Seals reports (various);
o Seal usage Report (report to Scottish Government, Jones et al., 2013);
o Management Units for cetaceans in UK waters (IAMMWG, 2015).
Consult the latest relevant regulatory guidance notes i.e. in the UK, BEIS issue
guidance notes for oil and gas seismic activities.
Assess the likelihood of injuring or disturbing European Protected Species as part of
any environmental impact assessment (EIA) accompanying an application. In the UK,
it will be necessary to assess the likelihood of committing an offence as defined in
the HR and in the OMR. Statutory Nature Conservation Bodies (JNCC, Natural
England and Natural Resources Wales4) have provided draft guidance on ‘The
protection of marine European Protected Species from injury and disturbance’ which
3
Department for Business, Energy and Industrial Strategy (BEIS), formally known as the Department for Energy and Climate
Change (DECC)
4
Previously known as the Countryside Council for Wales (CCW)
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can assist in this assessment. To obtain a copy of the latest draft version please
contact JNCC. Further guidance has been produced by Marine Scotland for EPS in
Scottish inshore waters (Marine Scotland, 2014).
In addition to EPS requirements, applicants should assess whether a survey will take place
within or close to protected areas with designated features that are sensitive to noise i.e.
Special Areas of Conservation (SAC), Marine Conservation Zones (MCZs) and Nature
Conservation Marine Protected Areas (NC MPAs). For SACs, a plan or project can only be
consented if it can be ascertained that it will not adversely affect the integrity of the site
(subject to Regulation 49 considerations). Some surveys may therefore require a Habitat
Regulation Appraisal/ Assessment5 (HRA) prior to consent being given.
The competent authority, with advice from the relevant statutory nature conservation
agencies, will decide whether an Appropriate Assessment (AA) is necessary and if so, carry
the assessment out. The AA will focus exclusively on the qualifying interests of the SAC
affected and their conservation objectives. The applicant is usually required to provide the
information to inform the AA, therefore it is advisable to include suitable information within
the application if it is known a survey will occur within or close to a SAC to avoid delays in
the consenting process. Aspects to consider in such an assessment include, but are not
limited to:








The duration and frequency of the activity (e.g. how many days/ weeks/ hours per
day sound will be produced)
The intensity and frequency of sound and extent of the area where injury/
disturbance6 thresholds could be exceeded, taking into consideration speciesspecific sensitivities (e.g. use of the Southall et al. (2007) noise criteria for marine
mammals for injury and disturbance7).
Illustrate how disturbance zones will overlap with the protected site.
Details of the survey program i.e. how long line changes will take, in what order will
lines be completed, from what direction will the vessel travel;
Estimation of the length of time and distance the source vessel will travel within the
site;
Occurrence of past surveys within the area to help determine a baseline of activity;
Potential cumulative impacts (i.e. interaction with other concurrent, preceding or
subsequent activities in the area).
Proposed mitigation measures, including for surveys where PAM is to be deployed, a
brief description of the PAM system and an explanation of how the applicant intends
to deploy PAM to greatest effect.
The above information may also, in part, aid assessment of other conservation areas i.e.
MCZs, NC MPAs, and EPS requirements, however different population scales may need
5
Habitat Regulation Appraisal in Scotland; Habitat Regulations Assessment in England and Wales
Details of how injury and disturbance, as defined in the regulations, has been interpreted can be found in the SNCB 2010 draft
EPS guidance and the 2014 Marine Scotland EPS guidance (see references).
7
At the time of writing, proposed thresholds for determining injury to marine mammals were under review. Please contact the
appropriate statutory advisor for further advice regarding appropriate threshold levels to apply.
6
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assessing. For EPS assessments, the Marine Mammal Management Units8 developed by
the SNCBs should be used.
The operator should also, whenever possible, implement the following best practice
measures:



Plan surveys to reduce the likelihood of encounters with marine mammals. For
example, avoid periods of high abundance or during seal pupping seasons,
especially if near an SAC.
Use the lowest practicable power levels to achieve the geophysical objectives of the
survey.
Seek methods to reduce and/ or buffer unnecessary high frequency noise produced
by the airguns (this would also be relevant for other acoustic energy sources).
Please refer to the Glossary in Appendix 1 to help guide you through the terminology
used within these guidelines.
2. Marine Mammal Observer and Passive Acoustic Monitoring
The primary role of an MMO/ PAM operative is to act as an observer for marine mammals as
part of a mitigation procedure and to recommend a delay in the commencement of seismic
activity should any marine mammals be detected within a specified area. This is to ensure
the survey complies with consent conditions. Note the distinction between these mitigation
roles and that of a marine mammal surveyor (MMS), who undertakes surveys for research or
monitoring purposes and may employ different monitoring techniques (visual and PAM).
The primary method of ensuring no marine mammals are within a potential injury zone is
visual monitoring of a defined mitigation zone before seismic activity begins. Visual
monitoring should be undertaken from the highest platform available with the best all-round
view. The MMO will systematically scan the area under observation with the naked eye,
using binoculars to zoom in on any areas of interest. Weather conditions influence the ability
of observers to visually detect marine mammals (e.g. Hammond et al., 2013; Northridge et
al., 1995), as does available daylight. Subsequently visual monitoring is restricted to periods
of good visibility and can only be undertaken during daylight hours.
The use of Passive Acoustic Monitoring (PAM) was incorporated into the JNCC guidelines
as a form of mitigation in 2002 and has been increasingly used as a qualified tool for
monitoring marine mammals during night time or poor visibility conditions. PAM is a method
to detect the presence of vocalising marine mammals and estimate their location relative to a
hydrophone array which can be statically moored or towed from a moving vessel. Sounds
are detected aurally in real time by a PAM operator and processed using specialised
software. Marine mammal species are identified by specific temporal and spectral
characteristics of their vocalisations. Specialist trained PAM operatives are needed to set up
and deploy the equipment and to interpret detected sounds. PAM may also be required to
8
http://jncc.defra.gov.uk/page-6943
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supplement visual observations for surveys in areas considered important for marine
mammals.
There is no single mitigation technique that is suitable for all occasions and some of the
limitations of PAM are well documented (e.g. Stone 2015b). However, Stone, 2015b found it
a viable monitoring method during periods when effective visual monitoring are not possible.
2.1. Role of MMO/ PAM operatives
Included within the survey consent (typically) is a condition that a copy of the consent and
any other relevant documentation are made available to (amongst others) any MMO or PAM
operative involved in the operations. The consent conditions and survey details need to be
provided to the MMO/ PAM operative in sufficient time to allow preparation before the survey
commences.
The MMO/ PAM operative should ensure their efforts are concentrated on the pre-shooting
search and soft-start time periods and continue to observe until full power is achieved and
data acquisition has begun. The guidelines should not be interpreted to imply that MMO/
PAM operatives should keep a visual/ acoustic watch during all available hours unless
specified as a survey consent condition. MMO/ PAM operatives should manage their time to
ensure that they are available to carry out a watch to the best of their ability during crucial
mitigation periods, i.e. during pre-shooting search and soft-start time periods until full power
is reached. Whilst JNCC appreciates the efforts of MMO / PAM operatives to record data at
other times, this should be managed to ensure that those observations are not detrimental to
the ability to undertake a watch during crucial mitigation periods as highlighted above.
In addition to conducting visual/ acoustic searches, the MMO/ PAM operatives will advise the
crew on the procedures set out in the JNCC guidelines and provide advice to ensure that the
survey programme is undertaken in accordance with the guidelines and survey consent
conditions. It is important the MMO/ PAM operatives attend any pre-mobilisation meetings to
discuss working arrangements and request a copy of the survey consent conditions if not
already supplied to them. MMO / PAM operatives should work together closely in order to
fulfil their mitigation obligations.
As the MMO/ PAM operatives’ role in relation to the vessel and survey operations is purely
advisory, it is important to be aware of the command hierarchy and communication channels
in place on the survey. The MMO/ PAM operatives will need to determine who their main
contacts will be and to whom they will pass advice to, as such arrangements may vary from
one survey to another. The MMO/ PAM operatives should consider themselves as part
of the crew and respect the chain of command that is in place.
2.2. Training requirements
MMO
All MMOs are required to be trained. To be classified as trained, the individual must have
undertaken formal training on a JNCC recognised course9 plus have some experience of
9
Further information on accredited course providers is available at: http://www.jncc.gov.uk/page-4703.
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visually spotting marine mammals. This experience need not be gained while implementing
the JNCC guidelines, i.e. can be from working in research (e.g. as an MMS), on other types
of survey or working with charitable organisations. At a basic level, key to the MMO role is
the ability to spot a marine mammal within the mitigation zone. As mitigation within UK
waters is required for all marine mammal species, identification to species level, while
preferred, is not essential. However, Stone (2015b) found MMOs with marine mammal
experience prior to becoming an MMO had higher sighting rates of marine mammals than
those without prior experience and could detect animals at greater distances.
An experienced MMO is a trained MMO with a minimum of three years of experience of
implementing JNCC guidelines, is experienced at identifying marine mammal species and is
familiar with their behaviour, e.g. visual cues, movement patterns etc. All MMOs working in
areas considered important for marine mammals will be required to be experienced.
We recommend newly qualified MMOs do not work in isolation (i.e. are not the sole MMO
onboard a vessel) for their first few jobs. Rather they work alongside experienced MMOs
who can act as mentors while they gain experience of implementing the guidelines.
PAM
Since first being introduced as an approved mitigation technique, a number of different PAM
systems have been developed and used in UK waters. A range of hardware and software
have been incorporated into the design of different PAM systems and bespoke setups have
been developed to suit specific industry activities. A variety of software, in isolation or in
combination can be used to display acoustic detections. For example, of the surveys using
PAM in 2009 and 2010 in UK waters, 10 used IFAW software (Rainbow Click, Porpoise and/
or Whistle), 15 used Ishmael and 24 used PAMGuard (Stone, 2015b).
Previous revisions of these guidelines have not included details on training requirements for
PAM operatives and currently, JNCC do not approve any PAM courses10. Given the
specialist nature of the role, it is assumed a level of training has been undertaken prior to
their deployment in the role. The use of experienced PAM operators is essential in areas
considered important for marine mammals.
A number of training courses are available for PAM operatives covering both basic hardware
and the use of specialist software. Developing these skills however is difficult, therefore it is
recommended operators with proven experience are employed. As a minimum an operator
should be able to assemble, deploy and repair as necessary PAM equipment, configure the
software and identify acoustic signals and bearing information. We suggest newly trained
PAM operators work along experienced operators who can act as mentors.
2.3. Equipment and reporting forms
MMOs and PAM operatives should be equipped with an up-to-date copy of the JNCC
guidelines and recording forms. The recording form is an Excel spreadsheet with embedded
worksheets and word versions of the worksheets named ‘Deckforms’ are also available.
MMOs and PAM operatives may prefer to use these before transferring the details to the
10 Discussions are currently underway to identify minimum standards for the use of PAM as a mitigation tool, including training
requirements (see Section Error! Reference source not found.).
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Excel spreadsheets. All forms, including a guide to completing them, are available on the
JNCC website11
MMO
In addition to the above, MMOs should have binoculars and a tool to estimate distance i.e.
range finding stick or binoculars with reticles. The ability to determine range is a key skill for
MMOs and a proven tool for distance estimation should be used. Various tools are available
with the most popular being measuring/ range finding sticks or binoculars with reticles in the
eye piece. Both methods have advantages and disadvantages; sticks are simple to make
and bespoke to the observer and vessel in question but are less useful for measuring
multiple distances further away from the vessel. Reticles come as standard marks
encompassed within the binocular eye piece therefore there may not be an obvious line
available that identifies the required mitigation zone for that vessel and they are harder to
use for close up distances.
It has been suggested the use of different tools can introduce errors in judging distance
which could lead to non-compliance issues (Wright and Cosentino, 2015). However, for the
purpose of these guidelines, which require only a single distance to be estimated (i.e. the
mitigation zone), the use of the “most appropriate method” for the survey and observer in
question is recommended. Instructions on how to make and use a range finding stick are
available on the JNCC website11.
PAM
It is not recommended that PAM is used as the sole method of mitigation during periods
when visual searches are possible (see Stone, 2015b).
For surveys where PAM is to be deployed, a brief description of the system and an
explanation of how the applicant intends to deploy PAM to greatest effect should be included
in the application for survey consent. Attention should be focussed on providing an
appropriate position on vessels for the deployment of PAM equipment in order to avoid
entanglement with other equipment hence minimising the need to retrieve and re-deploy the
PAM array. Stone (2015b) found centrally deployed (and sometimes side-deployed) PAM
arrays had to be retrieved if the airguns were brought back on board the vessel and could
only be redeployed after the airguns had been deployed again. In addition, centrallydeployed PAM arrays sometimes had to be retrieved during line turns to avoid entanglement
with the airguns and could not be redeployed until the vessel was heading straight (Stone,
2015b). If difficulties are encountered when deploying PAM equipment, line turns should be
extended to allow the full pre-shooting search and soft start to be completed with PAM (see
Section 2 and 3.4 ).
It is expected that whichever PAM system is used, it should be capable of the following:

11
Detecting the range of frequencies of marine mammal vocalisations expected to be
present in the survey area;
http://jncc.defra.gov.uk/page-1534
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

Detecting and identifying vocalising marine mammals and establishing bearing and
range in a reasonable period of time; and
Immediately communicate relevant information to the PAM operator (real time) so
appropriate and timely mitigation measures can be undertaken (i.e. delay soft start);
The use of PAM is required for pre-shooting searches for operations occurring at night and
during periods of bad weather which render visual searches ineffective (Section 3.2). Visual
surveys at dusk and/ or dawn are not a reliable indicator to inform start-up decisions at night
and should not be viewed as an alternative to using PAM.
Further details on reporting requirements can be found in Section 9.
2.4. Requirements for MMOs and PAM during survey
JNCC will recommend to the Regulator a minimum number of trained/ experienced MMOs
required for each application, whether PAM should be used and if so, a minimum number of
PAM operatives, taking into account the survey location, duration, time of year, maximum
airgun volume and species sensitivities etc. However, consideration should always be given
by the applicant to the specifics of their survey (i.e. size of survey, number of line turns and
hence potential soft starts, night-time operations etc) in order to ensure sufficient number of
MMO and PAM operators are deployed.
It is expected that the applicant, knowing the specific requirements and logistics of their
survey, will employ sufficient personnel to cover all key mitigation periods as outlined in
these guidelines, thus removing the potential for staff fatigue.
If multiple MMO/ PAM operatives are working, a “lead” contact should be appointed to liaise
between each other and the crew to help avoid confusion and potential for non-compliance.
Where appropriate, hand-over procedures should be in place between MMO/ PAM teams to
ensure clear reporting between rotations.
MMOs will be referred to (by JNCC) as dedicated or non-dedicated:

A dedicated MMO refers to someone who is a trained MMO (i.e. have undertaken an
approved JNCC course) and are employed for the sole purpose of undertaking visual
observations to detect marine mammals and advising on and monitoring the
implementation of the guidelines. They are not normally a member of the vessel crew
(i.e. are a sub-contracted professional to fufil the role) and have the advantage of
being available to watch for marine mammals while operations are underway (i.e.
outside of the key mitigation periods). If they do this12, they may be able to advise if
any marine mammals are present in the area if, for example, operations
unexpectedly stop for technical reasons and need to start up promptly after the
problem is solved. This can reduce the need for additional pre-shooting searches and
soft starts (see below for further details). Dedicated MMOs have higher sighting rates
than non-dedicated MMOs and supply higher quality data (Stone, 2015b).
12 This should not be done to the detriment of key mitigation periods, unless sufficient personnel are employed to allow
continual monitoring.
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
Under some circumstances, (e.g. some vertical seismic profiling (VSP) surveys, subbottom profiling or when using a total airgun volume equal or less than 180 cubic
inches), a non-dedicated MMO may be recommended. This person can be a
member of the rig’s or vessel’s crew providing they are a trained MMO (i.e. have
undertaken an approved JNCC course) and do not undertake another role during key
mitigation periods. For these types of survey only a single MMO is usually
recommended.
Given the specialist nature of the PAM operative role it is assumed they will be dedicated
personnel (i.e. not a member of crew).
A minimum of two dedicated MMOs will be advised by JNCC when daylight hours exceed
approximately 12 hours per day (i.e. between 1st April and 1st October, north of 57° latitude),
to help reduce observer fatigue. When two MMOs are requested, both should be employed
solely for the purposes of monitoring the implementation of the guidelines and undertaking
visual observations (i.e. dedicated MMOs). Using a crew member with other responsibilities
as the second observer (i.e. non-dedicated) is not considered to be an adequate substitute
for one of the dedicated MMOs.
A minimum of two dedicated MMOs will also be advised by JNCC for protected areas and
those areas considered important for marine mammals (i.e. deep waters west of Shetland).
In this instance, the observers are expected to work together during pre-shooting searches.
This will allow each observer to focus on a smaller area of the mitigation zone (i.e. half),
increasing their opportunity to observe marine mammals. If daylight hours exceed 12 hours,
the operator is expected to supply enough personnel that observer fatigue does not affect
searches. In such areas, the MMOs are required to be experienced, that is they should have
a good understanding of the marine mammal species likely to be encountered in the survey
area and have a minimum of three years of experience of implementing JNCC guidelines on
seismic surveys in UK waters.
Weather conditions influence the ability of observers to detect marine mammals (e.g.
Hammond et al., 2013; Northridge et al., 1995). PAM must be used if soft starts will occur
during hours of darkness or for use during periods when day-time conditions are not
conducive to visual surveys (i.e. fog or increased sea states). If day-time conditions are such
that visual observations cannot be undertaken and PAM is not available, it is expected that
the initiation of soft starts and seismic shooting will be delayed until conditions improve. The
use of PAM is particularly important during winter months when hours of darkness are
longer.
A minimum of one PAM operative is usually advised when PAM equipment is to be
deployed. It is not uncommon for individuals to conduct both the MMO and PAM role during
the same survey, however such personnel need to be trained and experienced in both roles.
It is the applicants’ responsibility to provide sufficient personnel for both roles in order that all
key mitigation periods are adequately covered by the required level of personnel as outlined
in these guidelines and survey consent conditions. An applicant not providing sufficient
personnel is not a valid reason for surveys to be conducted without cover during key
mitigation periods and should be recorded as non-compliance and reported to the Regulator
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and JNCC with further details provided in the MMO report. It is imperative that sufficient
personnel are employed to prevent observer fatigue.
In areas of importance for marine mammals, a PAM system must also be used to
complement visual observations during daylight hours, in addition to being used during
periods of darkness, poor visibility or when the sea state is not conducive to visual
observations. A minimum of two PAM operatives will be advised.
JNCC do not advise PAM to be used on geophysical surveys, such as those using subbottom profiling or with a total airgun volume equal to or less than 180 cubic inches.
3. Standard Mitigation Procedures
All survey application consultations received by JNCC will be considered on a case-by-case
basis. All mitigation measures advised to the Regulator will reflect the particulars of the
survey and the importance of the survey area for marine mammals. At all times, JNCC
strive to provide mitigation advice that is proportional to the risk involved.
Note: it is the Regulator who will ultimately derive the consent conditions for an application,
not JNCC.
3.1. Seismic Operations
Prerequisites for all seismic surveys include the following:






Seismic operations to be timed to commence during daylight hours as much as is
practical to ensure visual mitigation using MMOs can be undertaken.
During periods were visible mitigation is not possible (e.g. darkness, low visibility),
operations are delayed until conditions improve and visible mitigation is possible,
unless PAM is available.
Seismic operations must not commence if an effective pre-shooting search is not
possible by MMO and/ or PAM means.
Requirements for operations in areas of importance for marine mammals may be
different to those stated above given the sensitive nature of the areas (e.g. combined
use of MMO and PAM for the full survey duration may be required at all times).
Agreed lines of communication must be established between the MMO/ PAM
operative and the crew before commencement of the survey. How well the role of
the MMO/ PAM operatives is understood depends on the vessel crew, the type of
survey and how much prior interaction with the profession the crew have had.
Including a description of the role and individuals involved at project start-up and
daily meetings can help clarify this and is encouraged. Employing experienced MMO/
PAM operatives can also help improve awareness.
MMOs (and PAM operatives if appropriate) must be provided with a copy of the
survey consent conditions and survey details in sufficient time for preparation before
the survey commences.
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

Airgun firing must not occur, at any time, at volumes above the maximum production
volume outlined in the survey consent (this includes the testing of any spare airguns,
as their inclusion should not exceed consented production volume at any point).
Consultation with the Regulator and JNCC is encouraged where situations arise that
are not specifically covered in the guidelines or consent conditions in order to agree a
way forward between all parties.
3.2. Pre-shooting search
Location of MMO/ PAM
All observations (visual and PAM) should be undertaken from the source vessel (where the
airguns are being deployed from), unless alternative arrangements have been agreed with
the Regulator. The MMO should be positioned on a high platform with a clear unobstructed
view of the horizon. The PAM operator should be positioned in the most appropriate location
to allow them to monitor the PAM equipment for acoustic detections and maintain contact
with both the MMO and relevant crew, for both mitigation purposes and ensuring the PAM
equipment is deployed correctly.
Mitigation zone
The MMO should make a visual assessment to determine if any marine mammals are within
the agreed mitigation zone, estimated from the centre of the airgun array. The minimum
radius of the mitigation zone is 500m. The MMO should take cues from the animals’
behaviour, movements and direction in the general vicinity of the mitigation zone and beyond
and only advise operation start up once they are confident no marine mammals will be
present in the mitigation zone.
Alternative mitigation zone sizes can be proposed during the application process if
appropriate, but would require a clear rationale and appropriate noise propagation modelling
etc to justify any proposed size changes. Any alteration to the standard minimum size of the
mitigation zone as outlined in the guidelines will be stipulated in the consent conditions. The
agreed mitigation zone is estimated from the centre of the airgun array. If dual sources
arrays are to be used, in particular if they are to be operated simultaneously rather than in an
alternative manner (e.g. flip flop mode), the survey application prior to consent should outline
how the standard mitigation zone would apply to the size of the dual array operating
simultaneously and if this mitigation zone is of adequate size in relation to marine mammal
injury criteria. Any modification to the standard radius mitigation zone will be stated in the
survey consent.
The MMO is expected to have tools (i.e. range finder stick or reticle binoculars) to help them
estimate the radius of the mitigation zone. Attention should also be paid to the area ahead
of the vessel as these areas will fall within the mitigation zone as the vessel moves forward.
During a 30 minute search, a survey vessel travelling at 5 knots could travel approximately
4.5km therefore it is advantageous for the MMO to be aware of any potential marine
mammal activity ahead of the vessel.
Duration of search
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The MMO/ PAM operatives must continue to observe until maximum power is achieved and
data acquisition has begun in order to monitor compliance with soft-start procedure.
Whether PAM is being used in conjunction with or in place of visual surveys, it is expected
the equipment will be deployed for the same duration as the visual search. The PAM
operatives should ensure the system is working correctly and deployed within sufficient time
prior to the start of the pre-shooting search period and is monitored for vocalisations during
each designated pre-shooting period.
The MMO/PAM operator must be aware of the timings of the proposed operations. The crew
must inform the MMO/PAM operators (or nominated lead) in sufficient advance of the
airguns commencing firing that a full pre-shooting search can be completed and again in
sufficient time before the soft start commences. Clear communication channels between the
MMO and PAM operator and relevant crew must be established prior to the commencement
of any operations.
For surveys in waters less than 200m deep, the pre-shooting search should be conducted
for 30 minutes prior to the use of any airgun, including mini-airguns (i.e. single gun ≤ 10
cubic inch volume). In deeper waters (>200m), the pre-shooting search should extend to 60
minutes, as deep diving species (e.g. sperm whale and beaked whale) are known to dive for
longer than 30 minutes. A longer search time in such areas is likely to lead to a greater
detection and tracking of deep diving marine mammals.
Due to the longer pre-shooting search time and to facilitate more effective timing of
operations in deeper waters only, pre-shooting searches can commence before the end of
a preceding survey line (whilst the airguns are still firing) if line turns will take less time than
the pre-shooting search and soft-start combined (e.g. 80 mins for waters deeper than 200m:
see Section 3.5 for further details). During instances where the airguns continue firing during
line turns, no action is required if marine mammals are detected.
3.3. If marine mammal detected within mitigation zone
If marine mammals are detected within the mitigation zone during the pre-shooting search
(visually or acoustically), the soft-start must be delayed until their passage, or the transit of
the vessel, results in the marine mammals being outside of the mitigation zone. Either way,
there should be a minimum of a 20 minute delay from the time of the last sighting within the
mitigation zone and the commencement of the soft-start, to allow animals unavailable for
detection (i.e. they do not re-surface) to leave the area.
In situations where seal(s) are congregating around a platform within the survey area, it is
recommended the soft-start commence at a location at least 500 metres from the platform.
A full soft-start must be undertaken after any delay due to the presence of marine mammals.
If marine mammals are detected within the mitigation zone whilst the airguns are firing,
either during the soft-start procedure or when at full power, there is no requirement to stop
firing the airguns.
Figure 1 illustrates a typical seismic survey with decision making pathways in the event a
marine mammal is detected.
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Pre-shooting
search Section 3.2
Marine mammal
detected within
mitigation zone
Yes
No
Delay softstart Section
3.3
Commence
soft-start
Section 3.4
Start of survey line
Operator allowed to
continue survey
programme if marine
mammals detected once
the soft-start has
commenced - no ‘shut
down’ requirement.
Section 3.3
End of survey line
Stop firing airguns / line
change
Section 3.5
Figure 1. Flowchart illustrating the decision making pathway of a MMO/PAM operative
during a seismic survey.
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3.4. Soft-start
The duration of a soft start is defined by the following two criteria:
1) From the start of the soft-start until full operational power is a minimum of 20
minutes; and
2) From the start of the soft-start until the start of the survey line should be a maximum
of 40 minutes;
Survey specific deviations from the above standard soft-start timings for individual survey
types and are described in Sections 4 (site surveys), 5 (Ocean Bottom Seismic) and 6
(Vertical Seismic Profiling) respectively.
During the soft-start, power should be built up gradually from a low energy start-up (i.e.
increasing the number of guns, increasing the frequency of firing or increasing the gun
pressure). This is to give adequate time for any marine mammals outside of the mitigation
zone but nearby the opportunity to move further away. This build up of power should occur in
uniform stages to provide a constant increase in output.
Operators should avoid unnecessary firing at full power before commencement of a survey
line and time operations to commence data collection as quickly as possible as soon as full
power is achieved.
There should be a soft-start every time the airguns are used. The duration of the preshooting search (at least 30 or 60 minutes depending on the water depth) and the soft-start
procedure (at least 20 minutes) should be factored into the survey design.
When vessels are time-sharing, i.e. where two or more vessels are operating in adjacent
areas and take turns to shoot to avoid causing seismic interference with each other, the preshooting search, soft-start and delay procedures for each vessel should be communicated
to, and applied on, all vessels involved.
MMO and PAM operatives must monitor the mitigation zone throughout the full duration of
the soft-start until they have evidence (e.g. bubbles rising to the surface or airguns being
audible) that the soft start has commenced and to record when full operational power is
achieved and the start of the survey line has commenced.
3.4.1. Airgun testing
Airgun tests may be required before a survey commences to trial new arrays or to test
damaged or misfiring guns following repair. Individual airguns or a number of airguns within
the full array may need testing and the airguns may be tested at varying power levels. The
following guidance is provided to clarify when a soft-start is required for airgun testing:


If the intention is to test a single airgun then a soft-start is not required.
If the intention is to test multiple airguns within an array or the full array, a 20 minute
soft-start is required. This should be carried out over a time period proportional to the
number of guns being tested and not exceed 20 minutes in duration.
Where possible, it is recommended airgun testing be conducted immediately before the start
of a survey line and be incorporated into the soft start procedure if feasible, in order to
reduce the total noise being introduced into the marine environment.
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MMOs should undertake a 30 minute pre-shooting search (Section 3.2) before any instances
of gun testing.
3.5. Line changes
Seismic data is usually collected along predetermined survey lines. Line change is the term
used to describe the activity of turning the vessel at the end of one survey line prior to
commencement of the next survey line. The time for a line change will vary depending upon
the type of seismic survey being undertaken. Line changes are not necessary for all types of
seismic surveys, for example VSP operations. The use of a “mitigation gun” during long line
changes is not permitted at any time in UKCS waters. If difficulties are encountered when
deploying PAM equipment, line changes should be extended to allow the full pre-shooting
search to be completed with PAM
The guidance relating to line change depends upon the airgun array volume:
3.5.1. Airgun array volume of 500 cubic inches or more
If line changes are expected to take longer than 20 minutes:




Airgun firing is to be terminated at the end of the survey line;
A pre-shooting search is then undertaken during the scheduled line change;
The soft-start is delayed if marine mammals are seen within the mitigation zone
during the pre-shooting search (Section 3.3); and
A full 20 minute soft-start is undertaken before the start of the next line (Section 3.4).
The majority of seismic surveys with airgun array volumes of 500 cubic inches or more are
not able to complete their line turns within 20 minutes and should therefore follow the
procedures outline above. However, some seismic surveys of this size, such as Ocean
Bottom Seismic, can complete their line turns within 20 minutes (Stone, 2015b). For these
survey types please refer to Section 5.
3.5.2. Airgun array volume between 180 and 500 cubic inches
Airgun array volumes of between 180 and 500 cubic inches are not commonly used in the
UKCS. When airgun array volumes fall within this range, line turn procedures for the airgun
array size closest to the volume being used should be implemented.
3.5.3. Airgun array volume of 180 cubic inches or less
If line changes are expected to be longer than 40 minutes:




Airgun firing is to be terminated at the end of the survey line;
A pre-shooting search is undertaken during the scheduled line change;
The soft-start is delayed if marine mammals are seen within the mitigation zone
during the pre shooting search (Section 3.3); and
A full 20 minute soft-start is undertaken before the start of the next line (Section 3.4).
If line changes are expected to be completed within 40 minutes:

Airgun firing can continue during the line turn, but the Shot Point Interval (SPI)
should be increased to provide a longer duration between shots.
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

The SPI should not exceed 5 minutes during the turn.
The SPI is decreased gradually during the final 10 minutes of the turn, prior to data
collection commencing (i.e. mini soft start).
If an applicant determines that an effective line change cannot be achieved using the above
methods, please contact JNCC at the earliest possible opportunity to discuss a proposed
alternative. Details of any agreed alternative procedure should be described in the
environmental statement submitted with the application.
3.6. Undershoot operations
This procedure is used to facilitate shooting under platforms or other obstructions. One
vessel is used to tow the seismic source and a second to tow the hydrophone array,
although the main vessel will still tow a hydrophone array.
It is recommended that the MMO/ PAM operative is placed on the source vessel otherwise
they may be too far away from the airguns to effectively monitor the mitigation zone. If this is
not possible, for example for logistical or health and safety reasons (e.g. transferring
personnel from one vessel to another), the applicant should explain this during the
application process and suggest alternative mitigation arrangements. Irrespective of the
location agreed with the Regulator, a pre-shooting search and soft-start procedure
appropriate for the seismic source being used should be followed prior to undertaking all
undershoot operations.
3.7. Unplanned breaks in operations
Unplanned breaks refer to instances where the airguns cease firing unexpectedly during
data acquisition, i.e. a technical problem or breakdown. It is imperative the MMO and/ or
PAM operative begin to monitor the mitigation zone as quickly as possible after the
breakdown has occurred. Having dedicated MMO/ PAM operatives on board can be an
advantage in these situations as they will not need to be pulled away from other tasks to
undertake these observations.
If the airguns can be restarted and data acquisition can resume in less than 10 minutes,
there is no requirement for a soft-start and firing can recommence at full operational power,
provided no marine mammal(s) have been detected in the mitigation zone during the
breakdown period.
If a marine mammal is detected during this period, the MMO/ PAM operative will advise to
delay recommencement of airgun firing until their passage, or the transit of the vessel,
results in the marine mammals being outside of the mitigation zone. Either way, there
should be a minimum of a 20 minute delay from the time of the last sighting within the
mitigation zone and the commencement of the soft-start, to allow animals unavailable for
detection (i.e. they do not re-surface) to leave the area.
If it will take longer than 10 minutes to restart the airguns, a full pre-shooting search
(Sections 3.2) and soft-start (Section 3.4) should be carried out before the survey recommences. If an MMO and/ or PAM operative has been observing during the breakdown
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period, this time can contribute to the pre-shooting search, however, the full 30 or 60 minute
search period is still required (Section 3.4).
If the breakdown occurs at night or during daylight conditions not conducive for a visual
search, the mitigation zone should be monitored as described above using PAM. As above,
if PAM has been utilised throughout the breakdown period an additional pre-shooting search
may not be required. If the airguns can be restarted and data acquisition can resume in less
than 10 minutes, there is no requirement for a soft-start and firing can recommence at full
operational power. If it will take longer than 10 minutes, a full pre-shooting acoustic search
and soft start is required, as described above. If PAM is not available, the survey should be
delayed until conditions are suitable for visual observations.
Planned breaks: If breaks in data acquisition (other than during a line turn) are required
during the survey i.e. are planned for, then such requirements should be considered within
the application in order to allow such operations to be considered at the earliest opportunity
with JNCC and the Regulator.
The following general line-change principles can be applied in such instances:



If a planned break in data acquisition last less than 10 minutes, firing can
recommence at full operational power without the need for a soft-start ONLY if a
MMO and/ or PAM operative has been conducting observations of the mitigation
zone prior to and during the break commencing.
The MMO/ PAM operative will begin observing 20 minutes prior to the planned break
in operations and for the duration of the break until they have evidence the airguns
have begun firing (e.g. bubbles at the surface or airguns being audible).
If marine mammals are observed within the mitigation zone during the planned break
(i.e. when the airguns are not firing), the MMO/ PAM operative will advise to delay
recommencement of airgun firing until it can be confirmed (either visually or
acoustically) that the animals are no longer within the mitigation zone. If this can’t be
done, a minimum period of 20 minutes must pass from the time of the last sighting/
acoustic detection within the mitigation zone to the commencement of the soft start
If it is known a planned break in operations will last more than 10 minutes, the procedures
outlined for line turns must be followed, specifically:




Airgun arrays greater than 500 cu in - refer to Section 3.5.1;
Airgun arrays less than 180 cu in – refer to Section 3.5.3;
OBS/OBN - refer to Section 5;
VSP - refer to Section 6.
Other than in the circumstances described above, when the line turn procedures need to be
used for planned breaks, it is not appropriate to increase the SPI to prevent the need for a
pre-shooting search or soft-start.
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4. Site surveys with airgun volume <180 cubic inch
Site surveys usually require high resolution 2D data, which is collected using smaller airguns
than for deeper geophysical surveys, have a typical airgun array size of 180 cubic inches (or
less) and use high frequencies (Genesis, 2010). Stone (2015b) found full power for these
surveys was typically achieved within 15 minutes, resulting in the guns firing at full power for
the remainder of the soft start period. This was thought to be the result of having smaller
airgun arrays and therefore fewer guns to ramp up and the most common method of soft
starts reported for site surveys was to increase the frequency of firing (Stone (2015b).
Mitigation
The following variations to the standard mitigation measures described above have been
developed to take into account the specifics of this survey type.



The standard pre-shooting search procedures are to be followed as described above
(Section 3.2).
The standard soft-start procedures described above (Section 3.4) are to be followed
over a period of at least 15 minutes, with the duration from the start of the soft start
until the start of the survey line being a maximum of 25 minutes.
Line change procedures, if required, should follow those as described in Section
3.5.3 (i.e. for airgun volumes less than 180 cubic inches).
5. Ocean Bottom Seismic (OBS)
During ocean bottom seismic surveys (i.e. ocean bottom cable and ocean bottom node),
sound is released from a conventional source vessel and reflections are recorded by
sensors placed on the sea floor. This method was originally introduced to enable surveying
in areas of obstructions (i.e. production platforms) or shallow water inaccessible to ships
towing seismic streamers. As a result of not having towed hydrophone arrays, the source
vessel can travel between survey lines quicker than for typical geophysical surveys with
towed hydrophone arrays. Stone (2015b) found during 2009 and 2010, 42% of line changes
were completed within 20 minutes, 84% within 30 minutes and 89% within 40 minutes.
Mitigation
As a result, the following adaptations to the standard line change procedures (Section 3.5)
have been developed.
The standard pre-shooting search (Section 3.2) and soft-start procedures (Section 3.4) still
apply to OBS surveys.
If line changes are expected to be completed within 40 minutes:

Airgun firing can continue during the line change, if:
o The Shot Point Interval (SPI) is increased to provide a longer duration
between shots: the SPI should not exceed 5 minutes; and
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Airgun power is reduced to 180 cubic inches (or as close is as practically
feasible)
The SPI is decreased and power increased gradually during the final 10 minutes of
the line change, prior to data collection commencing (i.e. a mini soft start).
o

If the line change is expected to take longer than 40 minutes, the airguns are required to
cease firing and a standard pre-shooting search and soft-start implemented before data
acquisition begins (Sections 3.5).
6. Vertical Seismic Profiling (VSP)
Vertical Seismic Profiling (VSP), or borehole seismic, is a technique where measurements
are made in a vertical wellbore using geophones inside the wellbore and a source at the
surface near the well. The seismic sources used are generally smaller than for deep
geophysical surveys but larger than for site surveys (Genesis, 2010).
During VSP operations, shots may periodically cease for a short time while the geophone is
repositioned in the well. The specific methodologies employed for this type of survey have
resulted in minor adaptations to the standard mitigation methods being developed, primarily,
that the repositioning of geophones is to be viewed in the same manner as line changes for
towed hydrophones.
Mitigation
The standard pre shooting search (Section 3.2) and soft-start procedures (Section 3.4) are
to be followed for all types of VSP survey. The most common method of soft starts for VSP
surveys occurs by increasing the number of airguns fired and/ or increasing pressure (Stone,
2015b).
If repositioning of the hydrophones is expected to be completed within 40 minutes:


Airgun firing can continue if:
o The Shot Point Interval (SPI) is increased to provide a longer duration
between shots (should not exceed 5 minutes); and
o Airgun power is reduced to 180 cubic inch (or as close is as practically
feasible)
The SPI is decreased and power increased gradually during the final 10 minutes of
the repositioning, prior to data collection commencing (i.e. a mini soft start).
If repositioning is expected to take longer than 40 minutes, the airguns are required to cease
firing and a standard pre-shooting search and soft start implemented before data acquisition
begins (Section 3.5).
7. Sub-bottom profiling (SBP)
Sub-bottom profiling (SBP) systems can be employed to identify and characterise layers of
sediment or rock under the sea floor. It may be undertaken alone or alongside other seismic
survey types, (e.g. site surveys, regional surveys etc).
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The 2010 guidelines did not consider sub-bottom profiling as a separate activity, however
research published since their publication (i.e. Lucke et al., 2009; Kastelein et al., 2012;
Kastelein et al., 2013) indicate that threshold levels used to predict injury to harbour
porpoise, previously based on Southall et al., 2007, should be reduced. As a result, noise
levels typically emitted by SBP are now thought to have the potential to cause injury for this
species. Consenting requirements for SBP subsequently changed and JNCC now provide
advice regarding mitigation requirements during these surveys. Cumulative sound exposure
levels (i.e. SEL as in Southall et al 2007) are likely to be of more relevance in risk
assessments, particularly for sub-bottom profiler equipment given their high duty cycle.
Mitigation
As a precautionary measure, JNCC advise that all sub-bottom profiler surveys require
mitigation, where practical, in the manner currently applied to seismic surveys of <180 cubic
inch (Section 4).
If several pieces of SBP equipment are to be started sequentially or interchanged during the
operation, only one pre-shooting search is required prior to the start of acoustic output,
assuming there are no gaps in data acquisition of greater than 10 minutes (refer to Section
3.5.3 for line changes and Section 3.7 for unplanned breaks in operations).
8. Multi-beam and echo-sounder surveys
SNCB guidance on the protection of EPS13 highlights that some multi-beam systems used
in deeper waters (> 200m) utilise lower frequencies at sound levels that may be of concern
to cetacean species, both in relation to injury and disturbance offences (see Section 3.14,
page 43 of the EPS guidance). Therefore, an assessment of the risk to EPS from such
surveys should be included in the consent application. Guidance can be found in the draft
document, SNCBs 2010. JNCC will review this information as part of the consultation
process and provide advice regarding mitigation requirements on a case by case basis.
Multi-beam surveys in shallower waters (< 200m) are not subject to these requirements as it
is thought that the higher frequencies typically used fall outside the hearing frequencies of
cetaceans and sounds produced are likely to attenuate more quickly than the lower
frequencies used in deeper waters. JNCC do not, therefore, advice mitigation is required for
multi-beam surveys in shallow waters.
9. Reporting
MMO report
After the survey has been completed, a MMO report should be sent to JNCC via e-mail to
[email protected]. It is the responsibility of the consent holder to ensure that the MMO
report is sent.
13
SNCB Draft Guidance, 2010. To obtain a copy of the latest draft version of the guidance please contact JNCC.
24
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Information on marine mammal distribution and general ecology etc are not required within
the MMO report as such information is provided and reviewed within the survey application
prior to consent. The MMO report should provide a brief summary of the specifics of the
conducted survey, mitigation watches (visual and acoustic) and required mitigation action as
outlined above (see Appendix 2 for further details). The report should be accompanied by
the completed JNCC marine mammal recording forms (i.e. the raw data in the excel
spreadsheets) and a copy of the consent conditions.
Non-compliance form
In addition to observing for marine mammals, the MMO/ PAM operatives will advise the crew
on the procedures set out in the JNCC guidelines and provide advice to ensure that the
survey programme is undertaken in accordance with the guidelines and survey consent
conditions.
All efforts should be made to resolve any issues of non-compliance at the time and details of
how the issue was resolved included in the MMO report (see Appendix 2: MMO report).
Sometimes, however, this is not possible. The purpose of this form is to inform the Regulator
of any activities that constitute non-compliance of the conditions specified as part of the
survey consenting process that cannot be resolved. Upon submission of this form, it will be
determined whether non-compliance has occurred and what remedial action, if any, is
required on the part of the operator.
10.
Non-licensed surveys
Some geophysical surveys, such as research surveys, are not subject to a formal consenting
process. However, the mitigation principles outlined in these guidelines should still be
applied. Particular attention should be paid to surveys occurring in protected areas and
those areas considered important for marine mammals. Further advice can be provided by
the appropriate regulator e.g. the Marine Management Organisation voluntary notification
process.
11.
Marine turtles and basking sharks
Five species of marine turtle have been recorded in UK waters, all of which are listed as
EPS. Under UK law, marine turtles are protected under the Wildlife and Countryside Act
1981 (as amended), Conservation of Habitats and Species Regulations 2010, Conservation
(Natural Habitats, &c.) Regulations 1994 and Control of Trade in Endangered Species
(Enforcement) Regulations 1997 (as amended). In addition, loggerhead and leatherback
turtles are UK Biodiversity Action Plan (BAP)14 species.
Basking sharks are also regularly observed in UK waters. They are listed as vulnerable on
the International Union for Conservation of Nature (IUCN) red list of threatened species and
the northeast Atlantic population is listed as endangered. This species is protected under UK
law by the Wildlife and Countryside Act (WCA) 1981 (as amended), the Wildlife and
14
UK Biodiversity Action Plan (UK BAP) http://jncc.defra.gov.uk/default.aspx?page=5155
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DRAFT
Countryside Act 1981 (amendment) (Wales) Regulations 2004 and is listed as a UK BAP
species. Section 9(4A) of the WCA states a person is guilty of an offence if they
“intentionally15 or recklessly disturb any wild animal included in Schedule 5”, which includes
basking shark.
A review of potential risks to these species should be included in the application for all
surveys proposed in areas where they are likely to be observed. JNCC will recommend that
that mitigation measures detailed here for marine mammals are extended to include these
species if required.
12.
New Technologies
Techniques used to collect geophysical data are constantly evolving, for example the use
acquisition of data using ambient acoustic energy and automated underwater vehicles
(AUVs) as a platform for site surveys. JNCC strive to keep up to date with developments and
keep their guidelines up to date and relevant to industry practices. We welcome discussions
with applicants on the emergence of new seismic techniques, the potential for risk to marine
species and development of mitigation measures.
13.
References
Genesis. 2011. Review and assessment of underwater sound produced from oil and gas
sound activities and potential reporting requirements under the Marine Strategy Framework
Directive (2011). Genesis Oil and Gas Consultants report for the Department of Energy and
Climate Change.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/50017/finrepor
t-sound.pdf
IAMMWG, 2015. Management Units for cetaceans in UK waters (January 2015). Report
547. http://jncc.defra.gov.uk/page-6943
Jones, E., McConnell, B., Sparline, C. and Matthiopoulos, J. 2013. Grey and harbour seal
usage maps. Marine Mammal Scientific Support Research Programme MSS/001/11. SMRU
report to Scottish Government. http://www.gov.scot/Resource/0043/00433252.pdf GIS maps
available at: http://www.smru.st-andrews.ac.uk/smrudownloader/uk_seal_usage_of_the_sea
Kastelein, R. A., Gransier, R., Hoek, L., and de Jong, C. A. F. 2012. The hearing threshold of
a harbour porpoise (Phocoena phocoena) for impulsive sounds (L). The Journal of the
Acoustical Society of America, 132: 607-610.
15
The offence in the WCA relates to intentional or reckless disturbance, in a structure or place which the animal uses for shelter
or protection (except whales, dolphins and basking sharks, where this restriction does not apply). Under the WCA, such
disturbance is not licensable for the purposes of development. The offence in the HR/OMR relates to deliberate disturbance,
but may not apply to trivial disturbance (as described in the SNCB 2010 draft EPS guidance), and may be licensable for
imperative reasons of overriding public interest purposes which may, in some circumstances, enable a licence to be granted for
the carrying out of development. Refer to Appendix I of the SNCBs 2010 EPS guidance for further details.
26
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Kastelein, R.A., Steen, N., Gransier, R. and de Jong, C.A.F. 2013Brief behavioural response
threshold levels of harbour porpoise (Phocoena phocoena) to an impulsive sound. Aquatic
Mammals, 39: 315-323.
Lucke, K., Siebert, U., Lepper, P.A. and Blanchet, MA. 2009. Temporary shift in masked
hearing thresholds in a harbour porpoise (Phocoena phocoena) after exposure to seismic
airgun stimuli. Acoustical Society of America, 125: 4060-4070.
M.E. Baines and P.G.H. 2012. Evans Atlas of the marine mammals of Wales. CCW Marine
nd
Monitoring Report No. 68. 2
edition. http://www.seawatchfoundation.org.uk/wpcontent/uploads/2015/05/ATLAS-Marine-Mammals-of-Wales-FINAL.pdf
Marine Scotland. 2014. The protection of marine EPS from injury and disturbance –
guidance for Scottish inshore waters. 2014.
http://www.gov.scot/Resource/0044/00446679.pdf
Paxton, C.G.M., Scott-Hayward, L., MacKenzie, M., Rexstad, E. And Thomas, L. 2016.
Revised Phase III data analysis of the Joint Cetacean Protocol data resources with advisory
note. JNCC Report No. 517. http://jncc.defra.gov.uk/page-5657
Reid, J.B., Evans, P.G.H. and Northridge, S.P. 2003. Atlas of cetacean distribution in northwest European waters. http://jncc.defra.gov.uk/PDF/CetaceansAtlas_web.pdf
Scotland’s Marine Atlas, information for the National Marine Plan. 2011. The Scottish
Government. http://www.gov.scot/Publications/2011/03/16182005/0
Small Cetaceans At Sea Surveys (SCANS) http://biology.st-andrews.ac.uk/scans2/innerbackground.html
SNCBs. 2010. The protection of marine European Protected Species from injury and
disturbance – Draft Guidance for the marine area in England and Wales and the UK offshore
marine area (October, 2010). Joint Nature Conservation Committee, Natural England and
the Countryside Council for Wales. Available from JNCC on request.
Southall, B.L., Bowles, A.E., Ellison, W.T., Finneran, J.J., Gentry, R.G., Greene, C.H.,
Kastak, D., Ketten, D.R., Miller, J.H., Nachtigall, P.E., Richardson, W.J., Thomas, J.A.,
Tyack, P.L., (2007). Marine Mammal Noise Exposure Criteria: Initial Scientific
Recommendations. Aquatic Mammals 33: 411-521.
Special Committee on Seals (SCOS). Scientific advice on matters related to the
management
of
seal
populations
(various
reports).
http://www.smru.standrews.ac.uk/pageset.aspx?psr=411
Stone, C.J. 2015a. Marine mammal observations during seismic surveys from 1994-2010.
JNCC report, No. 463a.
Stone, C.J. 2015b. Implementation of and considerations for revisions to the JNCC
guidelines for seismic surveys. JNCC Report No. 463b.
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Wright, A.J. & Cosentino, A.M. 2015. JNCC guidelines for minimising the risk of injury and
disturbance to marine mammals from seismic surveys: We can do better. Marine Pollution
Bulletin, 100: 231-239.
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Appendix 1: Glossary
Airgun: Device into which air is pumped into chambers at high pressure and then released
through ports to form an oscillating bubble, thereby producing sound waves. Designed to
emit a vertical beam of sound towards the seabed, it is not the intention to radiate sound out
from other angles.
Applicant: the company or organisation applying for (and issued) consent to undertake a
geophysical survey
Day light hours: Between sunrise and sunset and includes twilight hours at dusk and dawn,
when sufficient light is available to effectively conduct visual observations.
Echosounder: Provide a water depth estimate by emitting pulses of sound that reflect from
the seabed. The typical frequency range is from 10-200 kHz16 .
European Protected Species: Species listed in Annex IV(a) of the Habitats Directive that
occurs naturally in the United Kingdom. In the marine environment, this includes all species
of cetaceans (whales, dolphins and porpoises), turtles, and the Atlantic sturgeon.
Full power: Firing the airguns at their full operational level, reached at the end of a softstart.
Geophysical survey: The systematic collection of geophysical data for spatial studies,
includes both seismic surveys using airguns and surveys using sub-bottom profilers.
Line turn/ change: The activity of turning the vessel at the end of one survey or production
line prior to commencement of the next period of data acquisition.
Marine Mammal Observer (MMO): Individual responsible for conducting visual watches for
marine mammals for mitigation purposes and provide advice to enable compliance with the
JNCC guidelines. The MMO should be employed solely for the purpose of monitoring the
implementation of the guidelines and undertaking visual observations to detect marine
mammals during key mitigation periods of seismic activity (e.g. pre- shooting search, softstart, line turns etc):


Experienced MMO: Trained MMO with 3 years of field experience observing for
marine mammals, and practical experience of implementing the JNCC guidelines.
Trained MMO: Individual who has undertaken a JNCC recognised MMO course.
Marine Mammal Surveyor: Individual responsible for conducting visual watches for marine
mammals for monitoring or research purposes.
Mini-airgun: Airgun of volume less than or equal to 10 cubic inch.
Mitigation zone: The area within which the MMO/ PAM operative searches (visually or
acoustically) for marine mammals and delays the start of seismic activity should any marine
mammals be detected.
16
Genesis, 2010
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Multi-beam echosounder: Similar to echosounder except emits a fan of sound beams.
They work in a range of sound frequencies, with higher frequencies used in shallower waters
normally outside the hearing range of cetaceans.
Ocean Bottom Seismic: Sound is released from a conventional source vessel and
reflections are recorded by sensors placed on the sea floor. Originally introduced to enable
surveying in areas of obstructions (i.e. production platforms) or shallow water inaccessible to
ships towing seismic streamers. Based on the type of recording sensor used to collect data,
these surveys may be referred to as


Ocean Bottom Cable (OBC): An assembly of vertically oriented geophones and
hydrophones connected by cables and deployed on the seafloor to record and relay
data to a seismic recording vessel.
Ocean Bottom Nodes (OBN): -Similar to OBC except autonomous recording nodes
are placed on the sea floor using ROVs. Nodes may be connected to each other and
the recording vessel with cables or have inbuilt recording capabilities.
PAM operative: Individual responsible for conducting acoustic searches for marine
mammals and experienced in the use of PAM equipment and marine mammal acoustics.
The PAM operative should be employed solely for the purpose of monitoring the
implementation of the guidelines and undertaking acoustic observations to detect marine
mammals during key mitigation periods of seismic activity (e.g. pre-shooting search, softstart, line turns etc).
Passive Acoustic Monitoring (PAM): System that utilises hydrophones and specialist
software to detect the vocalisations of marine mammals.
Pre-shooting search: Search for marine mammals (visually and/ or acoustically) prior to
commencing firing of airguns.
Production line: A measure of the efficiency of seismic acquisition. Production can be
expressed in terms of the number of lines, shots or lengths (km or miles) of data acquired in
a given time.
Marine Protected Area (MPA): A clearly defined geographical space, recognised,
dedicated and managed, through legal or other effective means, to achieve the long-term
conservation of nature with associated ecosystem services and cultural values17. Within the
UK, these may be designated under national legislation or international obligations and
contribute to a network of MPAs in the north-east Atlantic.
Seismic survey: Any geophysical survey that uses airguns to generate sound which is sent
into the seabed and the reflected energy is recorded and processed to produce images of
the geological strata below; described as 2D, 3D and 4D and includes any similar techniques
that use airguns:
17 Dudley, N. (Editor) (2008). Guidelines for Applying Protected Area Management Categories. Gland, Switzerland: IUCN. x +
86pp.
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


2D seismic: Survey vessel with a single source and a towed hydrophone streamer.
Reflections from the subsurface strata provide an image in two dimensions
(horizontal and vertical).
3D seismic: Uses more than one source and several hydrophone streamers towed
by the survey vessel. Are normally larger18 with typical broadband source levels of
248-259db re 1μPa.
4D seismic: 3D seismic surveys repeated over a period of time, for example, to
observe reservoir depletion during production and identify areas where there are
barriers to flow that may not be easily detectable in conventional seismic.
Shot Point Interval (SPI): Interval between successive shots of the airgun(s), measured in
metres along the ground (or sometimes in seconds).
Side-scan sonar: Used in the mapping of upper layers of the seabed. Sound pulses are
usually centred at frequencies between 100-500 kHz, the higher frequencies provides a
greater resolution but reduces seabed penetration16.
Site survey: Seismic survey of a limited area proposed for drilling, infrastructure
emplacement etc., typically to identify seabed and subsurface hazards such as wrecks and
the presence of shallow gas. They use a range of techniques, including multibeam and side
scan sonar, sub-bottom profiler, magnetometer and small airguns with shorter hydrophone
streamers (with source size of 40-400 cubic inches18).
Soft-start: Process whereby the power of an airgun array is built up slowly from a low
energy start-up, gradually and systematically increasing the output until full power is
achieved (usually over a period of 20 minutes).
Source vessel: The vessel from which the seismic source (i.e. airgun(s)) is deployed.
Source: A device that provides energy for acquisition of seismic data, such as an air gun,
explosive charge or vibrator.
Sub-bottom profiling (SBP): Systems employed to identify and characterise layers of
sediment or rock under the sea floor. Low frequency sound sources (producing lowerfrequency pulses) achieve greater penetration though the seafloor, however produce a
lower-resolution picture; higher-frequency pulses achieve a higher resolution but do not
penetrate as deeply into the sub-bottom strata. In addition to small airguns (typically less
than 180 cubic inches), the following systems may be used:


18
Boomer: Consist of two plates separated by a coil across which a high voltage
impulse is created. The induced magnetic field causes one plate to vibrate radiating
acoustic energy into the surrounding water. They have a broadband acoustic source
ranging between 500 Hz - 5 kHz and are used to map the seabed layers between 30
- 100m depth (Genesis, 2010).
Pingers: Periodically emit a high frequency ‘ping’ and typically operate on a range of
single frequencies between 3.5 - 7 kHz (Genesis, 2010) and are used to achieve
information from the seabed immediately below the surface layers. They offer a very
OGP 2011 – An overview of marine seismic operations.
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DRAFT


high resolution but limited penetration dependent upon the seabed sediments, for
example, a few tens of metres in mud.
Chirp systems: These were designed to replace pingers and boomers and are now
frequently used in oil and gas site surveys in place of the older systems. Chirp
systems operate around a central frequency which is swept across a range of
frequencies between 3 - 40 kHz (Genesis, 2010).
Sparkers: Use an electrical discharge to generate sound similar to boomers but their
use today is infrequent (Genesis, 2010). A high voltage impulse generates a spark
across a pair of electrodes forming a gas bubble whose oscillations generate the
sound. Sparkers are powerful devices and can be used to penetrate seabed layers
up to 1 km.
Time-sharing: When vessels engaged on adjacent surveys take turns to run survey lines to
avoid interference from the noise of each other’s airguns.
United Kingdom waters: Parts of the sea in or adjacent to the United Kingdom from the
low water mark up to the limits of the United Kingdom Continental Shelf.
Vertical Seismic Profiling (VSP): Or Borehole Seismic. Measurements made in vertical
wellbore using geophones inside the wellbore and a source at the surface near the well. The
seismic sources used are generally smaller than for deep geophysical surveys but larger
than for site surveys (Genesis, 2010) and can be deployed in a number of ways:



Zero offset: from the platform;
Offset: source vessel stationed at fixed location some distance from the platform;
and
Walk away: source vessel traverses one or more lines away from the platform.
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Appendix 2: MMO report
The following is provided as guidance on what to include in the MMO report to be submitted
on completion of the survey:
Operator details:
Include brief details of the company awarded the consent, contractor details if appropriate
and the survey consent reference number issued by the Regulator. Highlight contact details
of whoever is responsible for the survey in case JNCC has any follow-up questions.
Survey details:
Provide a summary of the survey including:








Date and location of survey;
Total number and volume of the airguns used;
Nature of airgun array discharge frequency (in Hz), intensity (in dB re. 1µPa or bar
metres) and firing interval (seconds);
Details of any other acoustic energy used (i.e. SBP);
Details of any airgun testing;
Average duration of pre-watch, soft start, line changes and number of occasions
were guideline durations were not met;
Summary of MMO/ PAM activities for each period i.e. day/ night (i.e. full excel
recording forms of operations and brief written summary)
Number and types of vessels involved in the survey;
Survey area and greater working area geographical coordinates will have been included in
the initial application, however a map illustrating the location of the survey (or the licensing
blocks within which it occurred) can be beneficial, as is an illustration of the completed
survey lines.
Highlight if the survey has occurred within or close to a protected area which includes marine
mammals as a feature. Note, general details of likely marine mammal presence in the survey
area will have been included in the application and does not need repeating here.
MMO/ PAM effort and detections:
Include details of the number of staff employed, whether dedicated or non-dedicated and
their working location on the vessel. Also include details of their experience i.e. level of
training, number of previous mitigation jobs or previous experience of observing if new to
mitigation.
Provide details of a lead surveyor who can be contacted if JNCC has any follow up
questions.
If PAM has been available on the vessel, include details of the equipment and software used
and a summary of how often if was deployed. Also detail any technical issues encountered
i.e. equipment failure or deployment issues. Screenshots of spectrograms can be helpful but
are not essential.
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DRAFT
Details of observer effort should be included in the recording forms, however this information
can be summarised within the report. Also summarise details of any marine mammals
encountered, either visually or acoustically. If appropriate, distinguish between those seen
inside the mitigation zone and outside.
Application of mitigation procedures
Include details of any survey specific arrangements agreed with the regulator prior to the
start of the survey i.e. changes to the size of the mitigation zone, location of MMO/ PAM
operatives etc.
Provide a summary of mitigation procedures applied, including details of soft-starts
implemented and whether delays in firing were required. Again, only a summary is required
as further details will be provided in the accompanying recording forms.
Compliance issues
Provide details of any non-compliance issues encountered and how they were resolved. If a
non-compliance form was completed during the survey, cross-reference and include details
of resultant actions.
If there are instances of non-compliance with the JNCC guidelines that constitute a breach of
the survey consent conditions, JNCC will copy the report, and their comments on the
potential breach to the regulator.
Additional information
Additional information, for example, photographs of marine mammals observed, can be
included at the end of the report if available.
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DRAFT
Appendix 3: DRAFT non-compliance form
The purpose of this form is to inform the Regulator of any activities that constitute noncompliance of the conditions specified as part of the survey consenting process.
The primary role of an MMO/ PAM operative is to act as an observer for marine mammals as
part of a mitigation procedure and to recommend a delay in the commencement of seismic
activity should any marine mammals be detected within a specified area. In addition, the
MMO/ PAM operatives will advise the crew on the procedures set out in the JNCC guidelines
and provide advice to ensure that the survey programme is undertaken in accordance with
the guidelines and survey consent conditions.
The MMO/ PAM operator(s) must inform the operator and attempt to resolve any issues of
non-compliance during the survey and record such actions and their resolution in the
standard MMO report, to be submitted once the survey has been completed.
However, on occasions where such resolution of issues is not possible during the survey,
the Regulator should be contacted, as soon as possible, via (to be agreed) and this
completed form emailed to (to be agreed) along with a copy of the survey consent
conditions. It will then be reviewed and determined whether non-compliance has occurred
and the Regulator will decide what remedial action may be required.
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Non-compliance form: JNCC Seismic guidelines
Date / Time
BEIS Reference
Operator
Survey Location
Operator
name
contact
Total number
airguns
of
Operator
details
Phone)
contact
(Email/
Total volume of
airguns
(cubic
inches)
Number of vessels
Number of MMOs
Number of
operatives
MMO/PAM Name
Contact details
Detail of non-compliance
Detail of remedial action attempted
36
PAM