Key aspects of permit for Apache’s 2012 Cook Inlet seismic program in Alaska
U.S. District Judge Sharon Gleason ruled on a complex matter concerning one of the federal permits granted to Apache regarding its Cook Inlet seismic program. On several key points, the Court affirmed the validity of the Incidental Harassment Authorization (IHA-1) issued to Apache by the National Marine Fisheries Service.
Apache completed the 2012 marine seismic season with NO “Level B takes,” which are defined as events that have the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns but do not have the potential to injure a marine mammal.
Apache worked very closely with scientists and regulators to design its Cook Inlet seismic program to minimize the impact on communities and the environment, including extensive steps to mitigate the impact of its activities on Beluga whales and other marine mammals. Apache uses a seismic source that uses compressed air, not explosives, at levels based on scientific research and regulated by the IHA.
In other key findings, the judge Upheld the agency’s decision-making process and held that the agency correctly assessed the small numbers, negligible impact, and quantification analysis it was obligated to conduct. She upheld the use of the 160db threshold level that was provided for in the IHA-1 and upheld the agency’s determination that there would be minimal practical impact to Beluga whales under the IHA-1 permit. She also ruled that the IHA-1 permit provided an adequate “least practical impact” for conducting the requested seismic operations and ruled that the agency correctly took into account the impact, if any, the seismic operations would have on Alaska Native communities. Further, she ruled that the agency weighed and considered the best scientific data available and held that the cumulative impacts of Apache’s surveying activities did not require the preparation of an Environmental Impact Statement.
The judge said NMFS incorrectly determined the number and percentage of Cook Inlet Beluga whales that would be subject to Level B incidental harassment during Apache’s seismic operations and directed NMFS and NRDC to submit additional information on how to determine the number and percentage of Cook Inlet Beluga whales that could be subject to future permits.
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