BOEM-0328 Permit

OMB Control Number: 1010-0048
OMB Approval Expires: 1/31/2024

UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF OCEAN ENERGY MANAGEMENT
(select one)
(Insert Appropriate Regional Office)

PERMIT FOR GEOPHYSICAL EXPLORATION
FOR MINERAL RESOURCES OR SCIENTIFIC RESEARCH ON THE OUTER
CONTINENTAL SHELF
In consideration of the terms and conditions contained herein and the authorization granted hereby, this permit is
entered into by and between the United States of America (the Government), acting through the Bureau of Ocean
Energy Management (BOEM) of the Department of the Interior, and

(Name of Permittee)

(Number and Street)

(City, State, and Zip Code)

PERMIT NUMBER:

DATE:

This permit is issued pursuant to the authority of the Outer Continental Shelf Lands Act, as amended (43 U.S.C.
1331 et seq.), hereinafter called the “Act,” and Title 30 Code of Federal Regulations Parts 551 (Geological and
Geophysical (G&G) Explorations of the Outer Continental Shelf). The permittee must conduct all activities in
compliance with the terms and conditions of this permit, including the "Stipulations," "Environmental Protective
Provisions," and the approved "Application for Permit," which are attached to and incorporated into this permit.
The permittee must conduct all geophysical exploration or scientific research activities in compliance with the
Act, the regulations in 30 CFR Parts 551 and 251, and other applicable statutes and regulations whether such
statutes and regulations are enacted, promulgated, issued, or amended before or after this permit is issued. Some
of the provisions of 30 CFR Parts 551 and 251 are restated in this permit for emphasis. However, all of the
provisions of 30 CFR Parts 551 and 251 apply to this permit. The permittee should note particularly that G&G
activities may cause incidental “taking” of animals under the Marine Mammal Protection Act (16 U.S.C. 1361 et
seq.) or the Endangered Species Act (16 U.S.C. § 1531 et seq.). Any such incidental taking is not authorized by
this permit, and it may only be authorized by the National Marine Fisheries Service or the U.S. Fish and Wildlife
Service. The permittee should contact these two agencies to address any questions about these laws or
requirements.

Paperwork Reduction Act of 1995 (PRA) Statement: This permit refers to information collection requirements
contained in 30 CFR Parts 551 and 251 regulations. The Office of Management and Budget (OMB) has approved
those reporting requirements under OMB Control Number 1010-0048.

Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 1 of 9

Section I. Authorization
The Government authorizes the permittee to conduct:
Geophysical exploration for mineral resources as defined in 30 CFR 551.1.
Geophysical scientific research as defined in 30 CFR 551.1. A permit is required for any
geophysical investigation that involves the use of solid or liquid explosives or developing data and
information for proprietary use or sale.

This permit authorizes the permittee to conduct the above geophysical activity during the period from
to
in the following area(s):

The permittee shall not conduct any geophysical operation (i.e., active sound source(s)) outside of the
permitted area specified herein even if no data is collected or obtained from such operations.
Geophysical operations shall not be conducted “in-transit” to the permitted area and may only proceed once
the survey vessel enters the permitted area. (This restriction does not apply to Alaska.)
Extensions of the time period specified above must be requested in writing. A permit plus extensions for
activities will be limited to a period of not more than 1 year from the original issuance date of the permit.
Inspection and reporting of geophysical exploration activities, suspension and cancellation of authority to
conduct exploration or scientific research activities under permit, and penalties and appeals will be carried
out in accordance with 30 CFR 551.8, 551.9, and 551.10.
The authority of the Regional Director may be delegated to the Regional Supervisor for Resource
Evaluation for the purposes of this permit.

Section II. Type(s) of Operations and Technique(s)
The permittee will employ the following type(s) of operations:
; and
will utilize the following instruments and/or technique(s) in such operations:
.

Section III. Reports on Operations
A. Status Reports
1. In the Gulf of Mexico and Atlantic OCS Regions:
The permittee must submit status reports every two months in a manner approved or prescribed by

Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 2 of 9

the Regional Supervisor, Resource Evaluation (here after referred to as Supervisor). The report
must include a map of appropriate scale showing traverse lines, protraction areas, blocks, and block
numbers (if map scale permits). The map should be a cumulative update for each status report and
clearly illustrate the planned traverse lines (one color) and the portion of those traverse lines in
which data acquisition has been completed to date (a second color). Please indicate the cumulative
total line miles (2D) or blocks (3D) of data acquired. The map should be submitted in digital format
preferably as a GeoPDF.
2. In the Alaska and Pacific OCS Regions:
The permittee must submit status reports weekly in a manner approved or prescribed by the
Regional Supervisor, Resource Evaluation (here after referred to as Supervisor). The report must
include a map of appropriate scale showing the location and extent of acquired lines of 2D data or
traverse lines for 3D data and the 3-mile limit when data collection is adjacent to the OCS
boundary or other important boundaries as specified by BOEM. The map should be a cumulative
update for each status report and clearly illustrate the planned lines (one color) and the portion of
those lines in which data acquisition has been completed to date (a second color). The report must
show the activity of the source vessel (i.e., no seismic activity, time and location when a
mitigation gun is on, ramp-up, and full acquisition mode). Protected Species Observer (PSO)
reports must also be included. Please indicate the cumulative total line miles (2D) or square miles
(3D) of data acquired. The map should be submitted in digital format as a PDF and ESRI file –
gdb-feature class(s) or shape files.
B. The permittee must submit to the Supervisor a Final Report within 30 days after the
completion of operations. The final report must contain the following:
1. In the Gulf of Mexico and Atlantic OCS Regions:
i. The total number of 2D line miles or OCS blocks of geophysical data acquired as well as the
“typical” or average sail miles per block for the survey;
ii. A brief daily log of operations. A suggested format for the daily log of operations would
include, but is not limited to, a table that provides the name of the survey, a date column, a
column for number of line miles or blocks collected each day, and an operations column.
Preferably, the date column would commence on the date in which the vessel begins to
transit to the permitted area and end on the date in which the vessel either transits away
from the permitted area or when operations pertinent to the permitted activity are
completed. The corresponding operations column would contain a brief description of the
operations for each day listed in the date column noting activities such as the major work
stoppages, no data acquired, and other pertinent activities. This may be submitted as a
digital Word document or as an Excel spreadsheet;

iii. A PDF or, preferably, a GeoPDF or shape file indicating the areal extent of the data actually
acquired;

Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 3 of 9

iv. The start and finish dates on which the actual geophysical exploration or scientific
research activities were performed;
v. A narrative summary of any: (a) hydrocarbon slicks or environmental hazards observed and
(b) adverse effects of the geophysical exploration or scientific research activities on the
environment, aquatic life, archaeological resources, or other uses of the area in which the
activities were conducted;
vi. The estimated date on which the processed or interpreted data or information will be
available for inspection by BOEM;
vii. A CD or DVD containing a single, final edited navigational data file. Shot point locations
should be provided in both latitude/longitude degrees and in x, y coordinates. The single
navigational file should be in either SEG-P1 or UKOOA P190 format for either twodimensional or three-dimensional geophysical data. Two-dimensional data should be
decimated to the first, last, and every tenth shot point. Three-dimensional data should be
decimated at every line and first and last CDP. A single ESRI shape file containing
navigational data and one shape file with post-plot locations of any geophysical
equipment on the seafloor (i.e., ocean bottom nodes, CSEM, etc.) should also be
submitted if applicable;
viii. Identification of geocentric ellipsoid (NAD 27 or NAD 83) used as a reference for the data
or sample locations; and
ix. Such other descriptions of the activities conducted as may be specified by the
Supervisor.
2. In the Alaska and Pacific OCS Regions:
i. The total number of 2D line miles or square miles for 3D surveys and the number of OCS
blocks of geophysical data acquired, as well as total number of traverse miles for the survey;
ii. A weekly report.
iii. Chart(s), map(s), or plat(s) depicting the areas in which any exploration or scientific research
activities were conducted. These graphics must clearly indicate the location of the activities so
that the data produced from the activities can be accurately located and identified;
iv. The start and finish dates on which the actual geophysical exploration or scientific
research activities were performed;
v. A narrative summary of any: (a) hydrocarbon slicks or environmental hazards observed, (b)
adverse effects of the geophysical exploration or scientific research activities on the
environment, aquatic life, archaeological resources, or other uses of the area in which the
activities were conducted, and (c) safety incidents;
vi. The estimated date on which the processed or interpreted data or information will be available
for inspection by BOEM;
vii. A final edited navigation file on suitable storage medium of all data or sample locations in
latitude/longitude degrees including datum used. The navigation for 2D lines should include
line name and location for the first, last, and every tenth SP. For 3D surveys, please submit a
Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 4 of 9

navigation file for the acquired track lines that includes the location of the first and last SP
and/or the corner locations for the area acquired. Contact the G&G permitting office for the
specific navigation required for this permitted activity. The digital file is to be formatted in
standard SEG-P1, UKOOA P1-90 or other current, standard industry format, coded in ASCII.
A printed data listing and a format statement are to be included;
viii. Identification of geocentric ellipsoid (NAD 83) used as a reference for the data or sample
locations; and
ix. Such other descriptions of the activities conducted as may be specified by the
Supervisor.
C. The Final Report is a stand-alone document containing all the pertinent information regarding the
permit.
Section IV. Submission, Inspection, and Selection of Geophysical Data and Information
A. The permittee must notify the Supervisor, in writing, when the permittee has completed the initial
processing and interpretation of any geophysical data and information collected under an exploration
permit or a scientific research permit that involves developing data and information for proprietary use
or sale. If the Supervisor asks if the permittee has further processed or interpreted any geophysical
data and information collected under a permit, the permittee must respond within 30 days. If further
processing of the data and information is conducted, it is the responsibility of the permittee to keep
the most current resulting products available in the event the Supervisor requests the current status of
data processing. At any time within 10 years after receiving notification of the completion of the
acquisition activities conducted under the permit, the Supervisor may request that the permittee submit
for inspection and possible retention all or part of the geophysical data, processed geophysical
information, and interpreted geophysical information.
After a period of 10 years from the issuance of the permit, the permittee must notify the Supervisor
in writing if their intention is to no longer maintain all or part of the geophysical data, processed
geophysical information, and interpreted geophysical information, and provide the Supervisor 30
days to request that the permittee submit for inspection and possible retention all or part of the
geophysical data, processed geophysical information, and interpreted geophysical information.
B. The Supervisor will have the right to inspect and select the geophysical data, processed geophysical
information, or interpreted geophysical information. This inspection will be performed on the
permittee's premises unless the Supervisor requests that the permittee submit the data or information
to the Supervisor for inspection. Such submission must be within 30 days following the receipt of the
Supervisor's request unless the Supervisor authorizes a later delivery date. If the inspection is done
on the permittee's premises, the permittee must submit the geophysical data or information selected
within 30 days following receipt of the Supervisor's request, unless the Supervisor authorizes a longer
period of time for delivery. The data or information requested for inspection or selected by the
Supervisor must be submitted regardless of whether the permittee and the Government have or have
not concluded an agreement for reimbursement. If the Supervisor decides to retain all or a portion of
the geophysical data or information, the Supervisor will notify the permittee, in writing, of this
decision.
C. In the event that a third party obtains geophysical data, processed geophysical information, or
interpreted geophysical information from a permittee, or from another third party, by sale, trade,
license agreement, or other means:
1. The third party recipient of the data and information assumes the obligations under this section
except for notification of initial processing and interpretation of the data and information and is
subject to the penalty provisions of 30 CFR Part 550, Subpart N; and

Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 5 of 9

2. A permittee or third party that sells, trades, licenses, or otherwise provides the data and
information to a third party must advise the recipient, in writing, that accepting these
obligations is a condition precedent of the sale, trade, license, or other agreement; and
3. Except for license agreements, a permittee or third party that sells, trades, or otherwise provides
data and information to a third party must advise the Supervisor in writing within 30 days of the
sale, trade, or other agreement, including the identity of the recipient of the data and information;
or
4. With regard to license agreements, a permittee or third party that licenses data and information
to a third party, within 30 days of a request by the Supervisor, must advise the Supervisor, in
writing, of the license agreement, including the identity of the recipient of the data and
information.
D. Each submission of geophysical data, processed geophysical information, and interpreted
geophysical information must contain, unless otherwise specified by the Supervisor, the following:
1. An accurate and complete record of each geophysical survey conducted under the permit,
including digital navigational data and final location maps of all surveys;
2. All seismic data developed under a permit presented in a format and of a quality suitable for
processing;
3. Processed geophysical information derived from seismic data with extraneous signals and
interference removed, presented in a format and of a quality suitable for interpretive
evaluation, reflecting state-of-the-art processing techniques; and
4. Other geophysical data, processed geophysical information, and interpreted geophysical
information obtained from, but not limited to, shallow and deep subbottom profiles, bathymetry,
side-scan sonar, gravity, magnetic, and electrical surveys, and special studies such as refraction,
shear wave, and velocity surveys.
Section V. Reimbursement to Permittees
A. After the delivery of geophysical data, processed geophysical information, and interpreted
geophysical information requested by the Supervisor in accordance with subsection IV of this permit,
and upon receipt of a request for reimbursement and a determination by BOEM that the requested
reimbursement is proper, BOEM will reimburse the permittee or third party for the reasonable costs
of reproducing the submitted data and information at the permittee's or third party's lowest rate or at
the lowest commercial rate established in the area, whichever is less.
B. If the processing was in a form and manner other than that used in the normal conduct of the
permittee's business at BOEM’s request, BOEM will reimburse the permittee or third party for the
reasonable costs of processing or reprocessing such data. Requests for reimbursement must identify
processing costs separate from acquisition costs.
C. The permittee or third party will not be reimbursed for the costs of acquiring or interpreting
geophysical information.
D. Data and information required under section IV.D.1. of this permit are not considered to be
geophysical data or processed geophysical information and must be provided by the permittee at no
cost to the Government.
Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 6 of 9

Section VI. Disclosure of Data and Information to the Public
A. BOEM will make data and information submitted by a permittee available in accordance with the
requirements and subject to the limitations of the Freedom of Information Act (5 U.S.C. 552) and the
implementing regulations (43 CFR Part 2), the requirements of the Act, and the regulations
contained in 30 CFR Parts 550 and 250 (Oil and Gas and Sulphur Operations in the Outer
Continental Shelf), 30 CFR Parts 551 and 251, and 30 CFR Parts 552 and 252 (Outer Continental
Shelf (OCS) Oil and Gas Information Program).
B. Except as specified in this section, or Section VIII, or in 30 CFR Parts 550, 552, 250, and 252, no
data or information determined by BOEM or the Bureau of Safety and Environmental Enforcement
to be exempt from public disclosure under subsection A of this section will be provided to any
affected State or be made available to the executive of any affected local government or to the
public, unless the permittee or third party and all persons to whom such permittee has sold, traded, or
licensed the data or information under promise of confidentiality agree to such an action.
C. Geophysical data and processed or interpreted geophysical information submitted under a permit,
and retained by BOEM, will be disclosed as follows:
1. Except for deep stratigraphic tests, BOEM will make available to the public geophysical data 50
years after the date of issuance of the permit under which the data were collected (see 30 CFR
551.14).
2. Except for deep stratigraphic tests, BOEM will make available to the public processed
geophysical information and interpreted geophysical information 25 years after the date of
issuance of the permit under which the original data were collected (see 30 CFR 551.14).
3. BOEM will make available to the public all geophysical data and information and geophysical
interpretations related to a deep stratigraphic test, at the earlier of the following times: (a) 25
years after the completion of the test, or (b) for a lease sale held after the test well is completed,
60 calendar days after the Department of the Interior executes the first lease for a block, any part
of which is within 50 geographic miles (92.6 kilometers) of the site of the completed test.
D. All line-specific preplot or postplot plat(s), and navigation tapes, including but not limited to seismic
survey traverses and shotpoint locations, submitted as a requirement of 30 CFR 551.7,
551.l2, or 251.7, will be considered as "PROPRIETARY INFORMATION." Such information will
not be made available to the public without the consent of the permittee for a period of 25 years
from the date of issuance of the permit, unless the Director, BOEM, determines that
earlier release is necessary for the proper development of the area permitted.
E. All other information submitted as a requirement of 30 CFR 551.8 and determined by BOEM to be
exempt from public disclosure will be considered as "PROPRIETARY." Such data and information
will not be made available to the public without the consent of the permittee for a period of up to 25
years from the date of issuance of the permit as addressed in 30 CFR 551.14, unless the Director,
BOEM, determines that earlier release is necessary for the proper development of the area permitted.
The executed permit will be considered as "PROPRIETARY" except the public information copy,
which will be available to the public upon request and on BOEM’s
website.
F. The identities of third party recipients of data and information collected under a permit will be kept
confidential. The identities will not be released unless the permittee and the third parties agree to the
disclosure.
Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 7 of 9

Section VIl. Disclosure to Independent Contractors
BOEM reserves the right to disclose any data or information acquired from a permittee to an
independent contractor or agent for the purpose of reproducing, processing, reprocessing, or
interpreting such data or information. When practicable, BOEM will advise the permittee who
provided the data or information of intent to disclose the data or information to an independent
contractor or agent. BOEM’s notice of intent will afford the permittee a period of not less than 5
working days within which to comment on the intended action. When BOEM so advises a permittee of
the intent to disclose data or information to an independent contractor or agent, all other owners of such
data or information will be deemed to have been notified of BOEM’s intent. Prior to any such
disclosure, the contractor or agent will be required to execute a written commitment not to sell, trade,
license, or disclose any data or information to anyone without the express consent of BOEM.
Section VIII. Sharing of Information with Affected States
A. At the time of soliciting nominations for the leasing of lands within 3 geographic miles of the
seaward boundary of any coastal State, BOEM, pursuant to the provisions of 30 CFR Parts 552.7
252.7 and subsections 8(g) and 26(e) (43 U.S.C. 1337(g) and 1352(e)) of the Act, will provide the
Governor of the State (or the Governor's designated representative) the following information that
has been acquired by BOEM on such lands proposed to be offered for leasing:
1. All information on the geographical, geological, and ecological characteristics of the areas and
regions proposed to be offered for leasing;
2. An estimate of the oil and gas reserves in the area proposed for leasing; and
3. An identification of any field, geological structure, or trap located within 3 miles of the seaward
boundary of the State.
B. After the time of receipt of nominations for any area of the OCS within 3 geographic miles of the
seaward boundary of any coastal State and Area Identification in accordance with the provisions of
Subparts D and E of 30 CFR Part 556, BOEM, in consultation with the Governor of the State (or the
Governor's designated representative), will determine whether any tracts being given further
consideration for leasing may contain one or more oil or gas reservoirs underlying both the OCS and
lands subject to the jurisdiction of the State.
C. At any time prior to a sale, information acquired by BOEM that pertains to the identification of
potential and/or proven common hydrocarbon-bearing areas within 3 geographic miles of the
seaward boundary of any such State will be shared, upon request by the Governor and pursuant to
the provisions of 30 CFR Parts 552.7 and 252.7 and subsections 8(g) and 26(e) of the Act, with the
Governor of such State (or the Governor's designated representative).
D. Knowledge obtained by a State official who receives information under subsections A, B, and C of
this section will be subject to the requirements and limitations of the Act and the regulations
contained in 30 CFR Parts 550, 551, 552, 250, 251, and 252.
Section IX. Permit Modifications
The Department will have the right at any time to modify or amend any provisions of this permit,
except that the Department will not have such right with respect to the provisions of Sections VI, VII,
and VIII hereof, unless required by an Act of Congress.
Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 8 of 9

IN WITNESS WHEREOF the parties have executed this permit and it will be effective as of the date of
signature by the Supervisor.
PERMITTEE:

THE UNITED STATES OF AMERICA:

(Signature of Permittee)

(Signature of Regional Supervisor)

(Type or Print Name of Permittee)

(Type or Print Name of Regional Supervisor)

(Title)

(Date)

(Date)

Form BOEM-0328 (January 2021) Previous Editions are Obsolete

Page 9 of 9