NTL; 211 thru 228; 241 thru 262; Vessel Strike Avoidance and Injured/Protected Species Reporting NTL

OMB Control Number: 1010-0151
OMB Expiration Date: March 31, 2018
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF OCEAN ENERGY MANAGEMENT (BOEM)
GULF OF MEXICO OUTER CONTINENTAL SHELF (OCS) REGION

BOEM NTL No. 2016-G01

Effective Date: August 30, 2016

NOTICE TO LESSEES AND OPERATORS (NTL) OF FEDERAL OIL AND GAS,
AND SULPHUR LEASES IN THE OCS, GULF OF MEXICO OCS REGION
Vessel Strike Avoidance and lnjured/Dead
Protected Species Reporting

BOEM is issuing this NTL pursuant to 30 CFR 550.103, 550.202 and 30 CFR 550.282, to
update regulatory citations and addresses, and to provide clarification on how measures
identified in this NTL will be implemented to assist the Bureau and operators in complying with
the Endangered Species Act (ESA; 16 U.S.C. §§ 1531-1544) and Marine Mammal Protection
Act (MMPA; 16 U.S.C. §§1361-1423h). The guidelines on how you should implement
monitoring programs to minimize the risk of vessel strikes to protected species and report
observations of injured or dead protected species, as well as the specific guidelines you should
follow to identify and avoid injury to marine mammals and sea turtles, have not changed. This
NTL supersedes JOINT NTL 2012-G01on this subject and applies to all existing and future oil
and gas operations in the Gulf of Mexico OCS. This NTL is being implemented through, and
will become a binding requirement of, new OCS oil and gas leases issued by BOEM and
conditions of approval on new and amended OCS plans and seismic survey permits in the Gulf
of Mexico. The Bureau of Safety and Environmental Enforcement (BSEE) will condition
approval of new and amended authorizations for drilling and decommissioning on compliance
with these measures as well. Where required as part of a lease or authorization, even though
this NTL is being issued by BOEM, you will be required to make certain reports to BSEE, as
provided below.
Background
BSEE and BOEM consult jointly with the National Oceanic and Atmospheric Administration’s
National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS)
under Section 7 of the ESA to ensure that BOEM or BSEE authorized activities will not
jeopardize the continued existence of ESA listed species nor result in adverse modification of
designated critical habitat. See 16 U.S.C. §1536. The Biological Opinions issued to the Bureaus
(through their predecessor agency) include mitigations, terms and conditions and reasonable and
prudent measures to ensure activities meet the requirements of Section 7 of the ESA. Incidental
take of ESA listed species are authorized pursuant to an Incidental Take Statement in each
Biological Opinion so long as the activity conforms to the conditions therein; incidental take of
ESA listed marine mammals cannot be authorized until an MMPA authorization is also received.
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The provisions of this NTL include mitigation measures, terms and conditions and reasonable and
prudent measures identified in the Biological Opinions issued to the Bureaus or their predecessors
as a result of ESA consultation. BSEE is tasked as the lead agency for complying with reporting
requirements under the current Biological Opinions applicable to both Bureaus. Therefore, while
this is a BOEM issued NTL, reports described in this NTL must be submitted to BSEE.
Through previous consultations with the Bureaus, NMFS and FWS have determined that
collisions with OCS support/service vessels could injure or kill protected species (e.g., sperm
whales, manatees and sea turtles) in the Gulf of Mexico OCS while engaged in supporting oil and
gas industry activities. They recommend the following measures to reduce the risk associated with
vessel strikes or disturbance of protected species. These measures apply to all cetaceans (whales
and dolphins), manatees and sea turtles.
Protected Species Identification
Vessel personnel should use a Gulf of Mexico reference guide that includes and helps identify marine
mammals (21 species of whales and dolphins; 1 species of manatee) and sea turtles (5 species) that
may be encountered in the Gulf of Mexico OCS.
Vessel Strike Avoidance

Vessel personnel should do the following in order to avoid causing injury or death to marine
mammals and sea turtles:
1. Maintain a vigilant watch for marine mammals and sea turtles and slow down or stop their
vessel to avoid striking protected species.
2. When whales are sighted, maintain a distance of 100 yards (91 meters) or greater from
the whale. If the whale is believed to be a North Atlantic right whale, vessel personnel
should maintain a minimum distance of 500 yards (460 meters) from the animal
(50 CFR 224.103).
3. When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50 yards
(45 meters) or greater whenever possible.
4. When cetaceans are sighted while a vessel is underway, attempt to remain parallel to the
animal's course. Avoid excessive speed or abrupt changes in direction until the cetacean
has left the area.
5. Reduce vessel speed to 10 knots or less when mother/calf pairs, pods, or large
assemblages of cetaceans are observed near an underway vessel when safety permits. A
single cetacean at the surface may indicate the presence of submerged animals in the
vicinity of the vessel; therefore, precautionary measures should always be exercised.
6. Whales may surface in unpredictable locations or approach slowly moving vessels. When
vessel personnel sight animals in the vessel's path or in close proximity to a moving
vessel, reduce speed and shift the engine to neutral. Do not engage the engines until the
animals are clear of the area.
Injured/Dead Protected Species Reporting
Vessel personnel must report sightings of any injured or dead protected species (marine
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mammals and sea turtles) immediately, regardless of whether the injury or death is caused by
your vessel. Report marine mammals to the NMFS Southeast Marine Mammal Stranding Hotline at
1-877-433-8299 (http://www.nmfs.noaa.gov/pr/health/report.htm#southeast) and sea turtles to the
State Coordinators for the Sea Turtle Stranding and Salvage Network (STSSN) at
http://www.sefsc.noaa.gov/species/turtles/stranding_coordinators.htm (phone numbers vary by state).
Any injured or dead protected species should also be reported to takereport.nmfsser@noaa.gov. In
addition, if the injury or death was caused by a collision with your vessel, you must notify BSEE
within 24 hours of the strike by email to protectedspecies@bsee.gov. The report should include
the date and location (latitude/longitude) of the strike, the name of the vessel involved, and the
species identification or a description of the animal, if possible. If oil and gas industry activity is
responsible for the injury or death, the responsible parties should remain available to assist the
respective salvage and stranding network as needed.
Paperwork Reduction Act of 1995 (PRA) Statement

The PRA (44 U.S.C. Chapter 35) requires us to inform you that we collect the information described
in this NTL to ensure that you conduct operations in a manner that will not jeopardize threatened or
endangered species. In addition, this NTL refers to information collection requirements under 30 CFR
550 Subpart B. We protect all proprietary information submitted according to the Freedom of
Information Act (5 U.S.C. 552), 30 CFR 550.197, and 30 CFR 250.197. An agency may not conduct
or sponsor a collection of information unless it displays a currently valid Office of Management and
Budget (OMB) Control Number. The OMB has approved the information collection requirements in
this NTL and associated regulations and assigned OMB Control Number 1010-0151. Direct any
comments regarding any aspect of this collection of information to the Information Collection
Clearance Officer, Bureau of Ocean Energy Management, 45600 Woodland Road, Sterling, VA
20166.
Issuance of Notices to Lessees

BOEM issues NTLs as guidance documents in accordance with 30 CFR 550.103 to clarify and
provide more detail about certain BOEM regulatory requirements and to outline the information to
be provided in various submittals. Under that authority, this NTL sets forth a policy on, and an
interpretation of, regulatory requirements to provide a clear and consistent approach for complying
with those requirements.
Contact
Any questions to BOEM regarding this NTL should be submitted in writing to:
protectedspecies@boem.gov
Submissions of sightings and other reporting to BSEE under this NTL should be made to:
protectedspecies@bsee.gov

Michael Celata
Gulf of Mexico Regional Director
Bureau of Ocean Energy Management
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