BOEM-NTL-No-2016-G01.pd

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UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF OCEAN ENERGY MANAGEMENT
GULF OF MEXICO REGIONAL OFFICE

BOEM NTL No. 2016-G01

Effective Date: August 30, 2016
Reissued: June 19, 2020

NOTICE TO LESSEES AND OPERATORS OF FEDERAL OIL AND GAS, AND SULPHUR
LEASES IN THE GULF OF MEXICO OUTER CONTINENTAL SHELF
Vessel Strike Avoidance and lnjured/Dead
Protected Species Reporting

This Notice to Lessees and Operators (NTL) was developed with the National Marine Fisheries
Service (NMFS) as part of a biological opinion issued in 2007 for Outer Continental Shelf (OCS)
Oil and Gas activities in the Gulf of Mexico (“2007 BiOp”). This NTL, which incorporates the
language of the NTL included as an appendix to the 2007 BiOp, remains binding on lessees as
incorporated through certain lease stipulations and on operators as incorporated through permit
or plan conditions of approval issued prior to March 13, 2020. Therefore, the Bureau of Ocean
Energy Management (BOEM) is retaining this NTL on its guidance portal to assist in those
lessees’ and operators’ compliance efforts. On March 13, 2020, NMFS issued a new biological
opinion for the oil and gas program in the Gulf of Mexico (“2020 BiOp,” available at
https://www.fisheries.noaa.gov/resource/document/biological-opinion-federally-regulated-oiland-gas-program-activities-gulf-mexico; appendices available at
https://www.fisheries.noaa.gov/resource/document/appendices-biological-opinion-federallyregulated-oil-and-gas-program-gulf-mexico). After March 13, 2020, BOEM will implement the
terms and conditions and reasonable and prudent measures of the 2020 BiOP, including
Appendix C, “Gulf of Mexico Vessel Strike Avoidance and Injured/Dead Aquatic Protected
Species Reporting Protocols,” which will be applied in place of this NTL in future lease sale
stipulations and conditions of approval for permits, plans, and other authorizations approved by
BOEM after March 13, 2020. The text of the NTL issued on August 30, 2016, which has been
revised to be consistent herewith, is provided below. BOEM has eliminated the Office of
Management and Budget (OMB) control number and expiration date that appeared at the top of
this NTL because OMB does not require BOEM to display the expiration date and the control
number is included in the Paperwork Reduction Act of 1995 (PRA) Statement below.
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
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injury to marine mammals and sea turtles, have not changed. This NTL supersedes JOINT NTL
2012-G01on this subject. 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.
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
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3.
4.

5.

6.

personnel should maintain a minimum distance of 500 yards (460 meters) from the
animal (50 CFR 224.103).
When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50
yards (45 meters) or greater whenever possible.
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.
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.
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
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
[email protected]. 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
[email protected]. 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.
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.
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
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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.
Contact
Any questions to BOEM regarding this NTL should be submitted in writing to:
[email protected].
Submissions of sightings and other reporting to BSEE under this NTL should be made to:
[email protected].
Digitally signed by
MICHAEL CELATA
Date: 2020.06.19
12:49:55 -05'00'

MICHAEL
CELATA

Michael A. Celata
Regional Director, Gulf of Mexico Regional Office
Bureau of Ocean Energy Management
Department of Interior Regions 1, 2, 4 and 6

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