Document M4d7v2o3qbdYmG8pRDaLdO0pk

water depths greater than 100 meters (328 feet) in the Gulf of Mexico. The agencies should be careful not to define unfavorable conditions as anything different than low visibility or nighttime to ensure there is no gap in monitoring coverage. Conflicts of Interest Throughout the Observer Standards, the agencies reference "inherent conflicts of interests" between PSO providers and industry, allegedly influencing accurate reporting of data. There are several unsupported assertions of inappropriate influence and pressure by industry. These assertions are unsubstantiated, and in the absence of supporting statements or examples provided by the agencies, should be deleted. If a statement denying conflict of interest is required from the PSOs prior to deployment as recommended, the statement should also include language to the effect that the PSO will conduct all their activities and report all data in full compliance with all applicable laws and regulations. The Observer Standards defines "a direct financial interest" as payment or compensation received directly from the owner of the seismic survey's vessel, the G&G surveying company, or associated shore-based facility. The definition should also include any entity or leaseholder who employs or contracts with the survey company. Standardized Data Collection The Associations agree with and reaffirm the recommendation of the agencies to implement "standardization including data collection methods, standardized electronic forms, and software used in collaboration with NMFS and non-federal stakeholders." Collaboration with NMFS should result in a form that produces data the agency can use and rely on to assess population numbers, stock assessments, and effects on marine species. The Associations note that Industry best practices already recommend the use of a standard reporting form, the Marine Mammal Recording Form, developed under a project funded by the Exploration and Production (E&P) Sound and Marine Life Joint Industry Programme.1 The Associations would be interesting in working with the agencies to update current reporting forms to enable the reporting of substantive data from observations that could substantiate the implementation of appropriate mitigation measures. Creation of PSO Database The Associations support the creation and maintenance of a database to manage PSO data for geological and geophysical surveys. This information is already supplied to NMFS and BSEE, but it would be useful for interested stakeholders to have full and timely access to such a database as a means to assess PSO activities and monitor their effectiveness. 1 See Barton, Carolyn J.S., Jaques, Robert, and Mason, Mike. 2008. Identification of Potential Utility of Collation of Existing Marine Mammal Observer Data. RSK Environmental Ltd., Cheshire, UK. The Marine Mammal Recording Form can be accessed at: http://www.iagc.org/files/3193/. 7 ATTACHMENT D Conclusion We appreciate the effort that the agencies have devoted to the development of PSO and data management programs for geological and geophysical surveys. We support this effort generally but, as detailed above, we have a number of concerns about the implementation of the recommendations. We respectfully request that the agencies engage with stakeholders prior to taking action on many of the recommendations, including the development of a PSO provider permit program, and system for permitting fees. We also encourage the agencies to pursue a program that encourages technology and remote monitoring, reducing health and safety risks. In addition, any program established should provide opportunity for feedback not only from PSOs, but also industry stakeholders. The Associations look forward to working with the agencies towards implementation of a PSO Program for geophysical surveys that is consistent with the best available science and technology, clearly written, transparently implemented, and fully informed by interested stakeholders. Should you have any questions, please contact the undersigned at 202.682.8584, or via e-mail at radforda@api.org. Thank you for considering and responding to these comments. Sincerely, Andy Radford American Petroleum Institute Karen St. John International Association of Geophysical Contractors Jeffrey Vorberger National Ocean Industries Association cc: Deborah Epperson, BSEE Environmental Enforcement Division Gregg Gitschlag, NMFS Southeast Fisheries Science Center Howard Goldstein, NMFS Office of Protected Resources 8 ATTACHMENT D