EPBC Act Policy Statement 2.1 –  
Interaction between offshore seismic exploration and whales  

Australian Government
Department of the Environment, Water, Heritage and the Arts

September 2008

1.  AIM
The aim of this Policy Statement is to:
1.	provide practical standards to minimise the risk of acoustic injury to whales in the vicinity of seismic survey operations;
2.	provide a framework that minimises the risk of biological consequences from acoustic disturbance from seismic survey sources to whales in biologically important habitat areas or during critical behaviours; and
3.	provide guidance to both proponents of seismic surveys and operators conducting seismic surveys about their legal responsibilities under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
This Policy Statement updates and replaces the previous Guidelines (May 2007).  This Policy Statement should be read in conjunction with the associated Background Paper.

2.  Introduction
Seismic surveying is widely used in the marine environment to define and analyse subsurface geological structures, mainly by the oil and gas exploration and production industry.  Seismic surveying utilises a technique that directs acoustic energy (sound) into the rock beneath the sea floor from equipment towed behind a purpose-built seismic vessel. The loudest sound sources used in seismic survey operations are produced by air-guns which generate short, intense pulses of sound directed at the seafloor. The pulses are broad band, but most energy is concentrated in the 10 – 200 Hertz (Hz) frequency range, with lower energy levels in the 200 – 1000 Hz range. The air-guns are fired repeatedly as the ship traverses an area of interest. In a typical survey the sound levels from the air-gun array are in the range of 200 – 250 dBrms re 1uPa at 1m. When acoustic energy reaches the different layers of rock under the sea bed, it may be reflected back to the surface of the water where waterproof microphones (hydrophones) can receive and record the reflected energy signals. The hydrophones capture the different sound waves which have been reflected back by the rock beneath the sea bed enabling a map to be made of these layers. The signals can then be processed into cross-sections and maps showing the geological structures below the sea floor.  These can then be used to identify potential areas where oil and gas deposits may occur.

The effects of human made sound in the marine environment is a concern for marine life, particularly whales and dolphins that may be sensitive to certain sound levels, potentially resulting in physical and/or behavioral impacts. As the effects of seismic surveying on whales are not fully understood, precautionary mitigation measures aimed at preventing injury and minimising the risk of biologically significant behavioral changes should be applied to ensure their protection. Extensive research efforts over many years have been undertaken by the oil and gas industry, governments and other institutions to understand the possible effects from seismic exploration activities. This information has helped in preparing this Policy Statement.  Gaps in knowledge still exist, highlighting the need for further research in this area and this Policy Statement may need to be amended as further information becomes available.

This Policy Statement has been written with the goal of minimising the likelihood of injury or hearing impairment of whales based on current scientific understanding. Calculations are primarily based on received sound energy levels that are estimated to lead to a temporary threshold shift (TTS) in baleen whale hearing.  This Policy Statement is not intended to prevent all behavioral changes, which might occur in response to detectable, but non-traumatic sound levels.  In fact, it is likely that whales in the vicinity of seismic surveying will avoid the immediate area due to an aversive response to the sound.  This aversion is relied upon as a form of mitigation to prevent whales from approaching or being approached closely enough to cause acoustic injury from intense or prolonged sound exposure.  At the scale of a seismic survey, such temporary displacements are unlikely to result in any real biological cost to the animals unless the interaction occurs during critical behaviours (e.g. breeding, feeding and resting), or in important areas such as narrow migratory corridors.  In these biologically important habitats (defined in Section 4 below), where the displacement of whales may have a more significant or biologically relevant effect, the proponent is encouraged to conduct the survey at different times of year to avoid overlap with the presence of whales.  If you propose to undertake a survey in an important habitat area you should refer the proposal to the Department.  Such referrals will be considered on a case by case basis to assess the degree to which there is  likely to be a significant adverse impact on whales.
3.  SCOPE OF THE POLICY STATEMENT 
Under the EPBC Act, a number of whale species are listed as threatened and/or migratory species and are, subsequently, protected under the Act as matters of national environmental significance (NES). Whale species are also part of the Commonwealth marine environment, another matter of NES. 

Whales and other cetaceans also have additional protections in the Australian Whale Sanctuary.  The EPBC Act provides for offences for certain actions that adversely affect whales in the Australian Whale Sanctuary.  The Act also provides for permits to be obtained in relation to actions affecting whales in the Australian Whale Sanctuary. Further information on legislative responsibilities regarding whales is provided in Section 5. 

A full list of whale species known to occur in Australian waters can be found on the Department’s web site at: www.environment.gov.au/whales.

3.1  Applicable Species
Not all whales hear the same acoustic frequencies. Seismic survey sound sources are generally focussed at frequencies below 200Hz.  Based on the best available scientific information, it is generally understood that baleen whales and some toothed whales are likely to be sensitive to sounds in this lower frequency range.   

Due to the difficulties in identifying whales to the species level, particularly at distance, appropriate management procedures (as recommended in Part A Standard Management Procedures and Part B Additional Management Procedures, below) should be applied whenever whales are, or might be, encountered. ‘Whales’ includes baleen whales and larger toothed whales, such as, sperm whales, killer whales, false killer whales, pilot whales and beaked whales.

Smaller dolphins and porpoises that have peak sensitivities in the higher frequency ranges are likely to be less disturbed by these lower frequency sounds and less vulnerable to acoustic trauma. Accordingly, this Policy Statement does not apply to encounters with the smaller dolphins and porpoises. 

3.2 Limitations of this Policy Statement
This Policy Statement does not provide definitive advice on avoiding significant impacts on whales for proposed seismic surveys, as different surveys may have unique consequences. The particular circumstances of each seismic survey have to be considered when decisions are made under the EPBC Act. This Policy Statement does not in any way limit the discretion or responsibilities of the Australian Government Environment Minister under the EPBC Act. 

This Policy Statement does not address legal obligations under the Offshore Petroleum Act 2006 or other relevant Australian Government, state or territory legislation.  The person proposing to undertake a seismic survey is advised to contact the relevant authorities to address those obligations prior to undertaking seismic surveys.

The impact of sound from seismic acoustic sources is the subject of ongoing research in many parts of the world, including Australia. Updates and amendments to this Policy Statement and to the application of the EPBC Act as it relates to seismic survey activities will occur as our knowledge of whales and the impacts of sound improve.

4.  POTENTIAL Impacts to be considered 
When planning a seismic survey, you should obtain as much information about the area in which you intend to survey and consider the timing, duration and intensity of the survey. One of the most important aspects of assessing the likelihood of potential impacts on whales, is determining whether the proposed survey will have a low likelihood or a moderate to high likelihood of encountering whales:
Low likelihood: Spatially and temporally outside aggregation areas, migratory pathways and areas considered to provide biologically important habitat.
Moderate to high likelihood: Spatially and/or temporally proximate to aggregation areas, migratory pathways and/or areas considered to provide biologically important habitat.

The likelihood of encountering whales in a given location must be examined on a case-by-case basis, and will provide guidance regarding the management procedures (as outlined in Section 6) that should be implemented to minimise the risk of impacts on whales.
In addition, it is necessary to identify whether the proposed survey will occur in a biologically important habitat of a whale species, defined as breeding, calving, or resting areas, or confined migratory routes or feeding areas.  In such habitats, displacement from areas or activities that are important to whale survival or recovery may have a greater impact than elsewhere.  

If information on the area or the likely impacts is unavailable, proponents may need to consider conducting research into the likely presence of whales in the area and the potential impacts that the proposed activity may have on whales (as defined in Section 3) and other matters of national environmental significance (see Section 5.1).

Limited information is currently available for a number of species, habitat areas and migration paths.  Specific research activities are underway to improve our knowledge for a number of species and areas.  Additionally, information from ongoing marine industries encountering whales (including the oil and gas exploration activities) will assist in improving our knowledge.  

Proponents are encouraged to seek advice about the likelihood of surveys interacting with whales from the Department.  Currently accessible information on whale distributions, migration times and conservation status is available on the web site at: www.environment.gov.au/whales.

In addition, local communities, conservation organisations, researchers, environmental consultants, state and territory governments, universities and museums are important sources of information on whale distribution, ecology and management. 

Useful Resources 
Species information: http://www.environment.gov.au/coasts/species/cetaceans/species.html
SPRAT – detailed species information: http://www.environment.gov.au/sprat
Humpback Whale Recovery Plan: 
http://www.environment.gov.au/biodiversity/threatened/publications/recovery/m-novaeangliae/index.html
Southern Right Whale Recovery Plan: http://www.environment.gov.au/biodiversity/threatened/publications/recovery/e-australis/index.html
Blue, Fin and Sei Whale Recovery Plan: http://www.environment.gov.au/biodiversity/threatened/publications/recovery/balaenoptera-sp/index.html

5.  LEGISLATIVE RESPONSIBILITIES
Under the EPBC Act there are two obligations that proponents must consider. The first is the obligation to refer proposals that have or are likely to have a significant impact on a matter of national environmental significance, for a decision about whether assessment and approval is needed (Parts 7 to 9 of the EPBC Act). Actions which may have such impacts are defined under the EPBC Act as ‘controlled actions’.  The second obligation is the need to apply for a permit (Part 13, Div 3, Subdivision F, of the EPBC Act), if the action may kill, injure, take or interfere with a cetacean in the Australian Whale Sanctuary. There are offence provisions for breaching these obligations.

5.1  Referrals 
If a proposed seismic survey has or is likely to have a significant impact on a matter of national environmental significance, which includes listed threatened and migratory species, the action should be referred to the Australian Government Environment Minister under the EPBC Act (Part 7).  An action taken in the Commonwealth marine area must also be referred if it is likely to have a significant impact on the ‘environment’, which may include impacts on whales and other species.

A referral may be determined by the Minister to be: 
•	Not a controlled action (Further approval is not required if the action is undertaken in accordance with the referral);  
•	Not a controlled action, provided the action is undertaken in a particular manner (Further approval is not required provided that the action is performed in a particular way, specified in the decision notice); or 
•	A controlled action (the action is subject to the assessment and approval processes under the EPBC Act). 

To date, the majority of seismic surveys referred under the EPBC Act have been determined not controlled actions provided they are undertaken in a particular manner. 

The proponent should consider the adoption of appropriate mitigation measures before making a referral, as this may influence the decision on whether the proposed survey is determined to be a controlled action. If a seismic survey is determined to be a controlled action, it will require further assessment and approval under Part 8 and 9 of the Act. Further information on the assessment and approval process and timeframes is available at: http://www.environment.gov.au/epbc/assessments/index.html

If the likelihood of encountering whales is low, the chance of a seismic survey having a significant impact on a whale species should be minimal, provided that the proponent and the operator of the seismic survey adopt the measures outlined in Part A Standard Management Procedures (see Section 6.2). 

While Part A Standard Management Procedures may be sufficient in locations where the likelihood of encounters with whales is low, the proponent may need to consider additional avoidance and mitigation measures for areas and/or seasons where the likelihood of encountering whales is moderate to high.  In these circumstances, the proponent should not only apply Part A Standard Management Procedures, but should also consider measures like those outlined in Part B Additional Management Procedures (see Section 6.2). 

In situations involving biologically important habitats, explicit justification for why the proposed survey should take place should be provided.  It will be necessary to implement more extensive measures, such as greater precaution zones and additional marine mammal observer coverage.  Such measures should be identified in the planning stage of a seismic survey. Accordingly, it is strongly suggested that the proponent discuss these situations with the Department in the planning stages.  The appropriateness of any additional measures to be applied will be considered on a case by case basis.

A referral under the EPBC Act for a seismic survey should include all relevant and available information. This includes:
•	Specific details on the location and timing of the survey (including maps with the survey route and bathymetry clearly marked);
•	Specific details on the seismic sound sources to be used (i.e. airgun number, volume, pressure), and their operational characteristics like size, spacing (x,y,z) and depth of the seismic array, along with calculated operational source levels and sound propagation characteristics, if known.  This information can be used to assess introduced sound energy and sound propagation;
•	Details of whale species likely to occur in the area and any information known on the likelihood of encountering whales during the survey;
•	Specific information on the management measures to be employed to detect whales and avoid interference or significant impacts;
•	Details of any professional or trained observers to be employed in the application of the management measures; 
•	A copy of any environment management plans for the survey; and
•	Details of any whale or other environmental research being conducted in association with the survey.

Matters of National Environmental Significance
In addition to considering impacts on whales, the proponent must also consider whether the survey operation is likely to have a significant impact on matters of national environmental significance, particularly:
•	other listed threatened and migratory species;
•	World and National Heritage areas; and
•	The environment as a whole (including in relation to whales), if the action is in the Commonwealth marine area.

This Policy Statement should be read in conjunction with other relevant EPBC Act Policy Statements, in particular, the EPBC Act Policy Statement 1.1 Significant Impact Guidelines – Matters of National Environmental Significance (May 2006), which is a general source of guidance as to whether an action is likely to have a significant impact on a matter of national environmental significance.

This Policy Statement is one of a range of EPBC Act Policy Statements which provide more detailed guidance in relation to specific industry sectors and activities or specific places, species, or ecological communities which are protected under the EPBC Act. EPBC Act Policy Statements can be obtained from the Department’s Community Information Unit on 1800 803 772 or can be downloaded from the web site at: www.environment.gov.au/epbc/policy/index.html

5.2  Permits 
An action that will kill, injure, take or interfere (among other things) with a whale or dolphin within the Australian Whale Sanctuary and, for Australian nationals and companies, the waters beyond the outer limits of the Australian Whale Sanctuary, is an offence under Part 13 of the EPBC Act.

However, an action will not be an offence if:
•	the proponent has referred the proposed action to the Minister, and the Minister has considered impacts on the Commonwealth marine area and approved the action under Part 9 of the EPBC Act; or 
•	a permit has been granted. 

Permits will only be granted to injure, take or kill a whale or other cetacean in extremely limited circumstances.  Accordingly, these circumstances are not discussed further in this Policy Statement. 

The proponent must consider whether a permit is required. Permits issued in relation to seismic surveys in the circumstances relevant to this Policy Statement, would generally relate to interference with a whale or dolphin. ‘Interference’ is defined in the Act to include “to harass, chase, herd, tag, mark or brand” a whale or dolphin. Seismic surveys in Commonwealth waters have the potential to affect some aspects of whale behaviour, particularly if they are to be conducted at times and places when encounters with whales are likely.

A seismic survey will generally not interfere with whales if the survey is undertaken in an area and time where the likelihood of encountering whales is low and the appropriate measures outlined in Part A Standard Management Procedures and Part B Additional Management Procedures are undertaken.

If the seismic survey is within an area declared as a Commonwealth Marine Reserve and a management plan is not in operation, approval (under s359B(2) of the EPBC Act) from the Director of National Parks may also be required.  

Further information on the permit system and process under the EPBC Act is available at: http://www.environment.gov.au/epbc/permits/index.html

6.  Management Measures for Organisations/Vessels Conducting Seismic Surveys in Australian Waters

The management measures are divided into two areas:

Precaution Zones:  defines the Observation, Low power and Shut-down zones to be used based on the likely sound levels surrounding the seismic sound source(s).  These precaution zones are to be used in the operational procedures that follow.

Management Procedures:  defines the operational procedures which should be used when planning and carrying out seismic surveys.  These include:
Part A: Standard Management Procedures, which should be followed by all vessels conducting seismic surveys in Australian waters, irrespective of location and time of year, so as to avoid interfering with or having a significant impact on whale species. These procedures should be sufficient in areas that can be demonstrated, by available evidence, to have a low likelihood of encountering whales. 
Part B: Additional Management Procedures, which are designed to further minimise any possible impacts on individual animals or populations.  These procedures may be employed in areas and/or seasons which have a moderate to high likelihood of encountering whales.  These procedures are of particular importance in considering a seismic survey proposed to take place in a biologically important habitat.

Guidance for assessing the likelihood of encountering whales during a seismic survey is provided in Section 4.

6.1  Precaution Zones
Different seismic surveys will have varying acoustic propagation characteristics depending on many characteristics including the seismic array used, bathymetry of the survey area and temperature profile of the water column.   Precaution zones should be delineated based on the sound levels whales are likely to receive.  For example, a seismic air-gun array operating in shallow water will likely have much quicker attenuation of sound energy compared to a similar array operating in deep water.  Accordingly, a survey producing lower sound levels as one ranges further from the seismic vessel should be able to operate with smaller precaution zones than a survey that produces higher levels at similar ranges.

For proposed seismic surveys that can demonstrate through sound modelling or empirical measurements that the received sound exposure level for each shot will not likely exceed 160dB re 1µPa2·s, for 95% of seismic shots at 1km range, the following precaution zones are recommended: 
•	Observation zone:  3+ km horizontal radius from the acoustic source.
•	Low power zone: 1 km horizontal radius from the acoustic source.
•	Shut-down zone:  500m horizontal radius from the acoustic source.

For all other proposed seismic surveys: 
•	Observation zone:  3+ km horizontal radius from the acoustic source.
•	Low power zone: 2 km horizontal radius from the acoustic source.
•	Shut-down zone:  500m horizontal radius from the acoustic source.

See Diagrams 1 and 2 below for an illustration of these zones.  In the observation zone whales and their movements should be monitored to determine whether they are approaching or entering the low power zone.  When a whale is sighted within, or is about to enter, the low power zone, the acoustic source should immediately be powered down to the lowest possible setting.  When a whale is sighted within, or is about to enter, the shut-down zone, the acoustic source must immediately be shut down completely.  Use the above values for application of both Part A Standard Management Procedures and Part B Additional Management Procedures outlined below.

Observation zone

Low power 
zone

Shutdown

1 km

500m

3 km

Diagram 1: Precaution zones surrounding the acoustic source for surveys 
that meet the criteria for a 1km low power zone.

Observation zone

Low power 
zone

Shutdown

2 km

500m

3 km

Diagram 2: Precaution zones surrounding the acoustic source for all other surveys (2km low power zone)

6.2  Management procedures

These procedures should be followed by all seismic vessels conducting surveys in Australian waters irrespective of location and time of year. 

Applicable Species: Due to the difficulties in identifying whales to the species level, particularly at distance, the following Standard Management Procedures should be applied whenever whales are encountered. ‘Whales’ includes baleen whales and larger toothed whales, such as, sperm whales, killer whales, false killer whales, pilot whales and beaked whales. Other (smaller) dolphins and porpoises that have peak sensitivities in the higher frequency ranges are likely to be less disturbed by these lower frequency sounds and less vulnerable to acoustic trauma. Accordingly, these Standard Management Procedures do not apply to encounters with the smaller dolphins and porpoises. If there is doubt regarding the identification of the species, precaution should be shown and the procedures outlined below should be applied. 

A.1. Pre-survey planning 

Do not program seismic surveys in areas where and when whales are likely to be breeding, calving, resting or feeding.  If proposed, these surveys and associated mitigation measures will need careful consideration and may require further assessment under the EPBC Act.

Example: The endangered Southern Right whale breeds and calves at particular sites along the coast of southern Australia, such as the Head of the Bight, SA and near Warrnambool, Vic, in the winter months. Seismic surveys should be planned to avoid such areas and times, or at a minimum demonstrate that the measures to be employed will not have an impact on animals at important times, this may include application of all or some of the measures outlined in the Part B Additional Management Procedures. The Recovery Plans for Australia’s Threatened Whales (Humpback, Southern Right, Blue, Fin and Sei) 2005-2010 contain detailed information on important habitat areas.

When planning seismic surveys, avoid where possible areas where and when whales are known or are likely to be migrating. Should it be necessary to conduct seismic surveys in areas where and when whales are known or are likely to be migrating then additional measures (see Part B Additional Management Procedures) to ensure that impacts and interference are avoided and/or minimised are necessary. Details of the measures to be applied should be included in any referral submitted under the EPBC Act.

Further environmental assessment of potential impacts may also be necessary if multiple seismic sources (e.g. two vessels on one project or multiple, adjacent projects) are to be operated in the same general area. Where a seismic survey is proposed, the proponent should liaise with government and industry bodies to ensure that surveys do not unnecessarily coincide or overlap.

The proponent should prepare an environmental management plan for the survey that details the management and operational measures that will apply throughout the survey to detect whales and avoid interference or significant impacts. The plan and measures employed should be based on the likelihood of encountering whales during the survey.

If during the operation of the survey the number of sightings/power-downs of whales are higher than were anticipated during the planning of the survey or the timing of the survey alters, the proponent should contact the Department to discuss any proposed additional management measures. 

A.2. Trained crew

The organisation conducting the survey should ensure that there is sufficient trained crew to fulfil the basic requirements outlined below. The trained crew members must have proven experience in whale observation, distance estimation and reporting. 

A briefing should be provided to all crew on board the survey vessel (and any supporting craft) on environmental matters, including information on this Policy Statement, whale identification and the environmental legal obligations for companies operating in Australian waters.   

Where possible, provide reference material, including this Policy Statement, the Department’s Whale and Dolphin sighting report form and the APPEA CD Guide Search Australian Whales and Dolphins and provide appropriate visual aids, such as binoculars, on board the vessel to aid in the identification and reporting of any whales sighted. 

A.3. During surveys 

All seismic survey vessels operating in Australian waters must undertake the following basic procedures during surveys irrespective of location and time of year of survey:  
•	Pre start-up visual observation
•	Soft start
•	Start-up delay
•	Operations
•	Power- down and Stop work
These procedures are defined and described in greater detail below. 

A.3.1 Pre Start-up-Visual Observation 
During daylight hours, visual observations (using binoculars and the naked eye from the bridge on the survey vessel or preferably a higher vantage point) for the presence of whales should be undertaken by a suitably trained crew member for at least 30 minutes before the commencement of the Soft Start Procedure (see A.3.2).  Observations should, where visibility allows, extend to 3+ km (the Observation zone) from the vessel but with particular focus on the Low power and Shut-down zones around the acoustic source (see Diagrams 1 and 2). 

During these 30 minute observations, the observer should make observations around the whole of the vessel (360°) and towed array out to a 3km distance and, if possible, beyond 3kms.  

A.3.2 Soft Start Procedure (also known as ramp-up) 
If no whales have been sighted within the Low power and Shut-down zones during the pre start-up procedure, the soft start procedure outlined below may commence.

Soft start procedures should be used each time the acoustic sources are initiated, gradually increasing power over a 30-minute period. Initiate soft start procedures by firing a single airgun.  The preferred airgun to begin with should be the smallest airgun, in terms of energy output and volume.  Additional acoustic source components should gradually be added in sequence until operating level is achieved. The full power operating level should be the minimum acoustic energy output that is necessary to achieve the survey’s objectives.

A sequential ramp-up of the acoustic source is considered to be industry best practice, and is known as a ‘soft start’. The slow increase in acoustic energy may alert whales in the area to the presence of the seismic array and enable animals to move and avoid (or stand off) at distances where injury is unlikely.  

During daylight hours, visual observations by trained crew should be maintained continuously during soft starts to identify any whales within the precaution zones. 

A.3.3 Start-up Delay Procedure 
If a whale is sighted within the 3km observation zone during the soft start an additional trained crew member or marine mammal observer should also be brought to the bridge to continuously monitor the whale whilst in sight. If a whale is sighted within or is about to enter the Low power zone, the acoustic source should be powered down to the lowest possible setting (e.g. a single gun).  If a whale is sighted within or is about to enter the Shut-down zone, the acoustic source should be shut down completely.

Soft start procedures should only resume after the whale has been observed to move outside the Low power zone, or when 30 minutes have lapsed since the last whale sighting. 

A.3.4 Operations Procedure 
During daylight hours, trained crew should undertake visual observations continuously during survey operations.
	
Operators should power down the acoustic source to the lowest possible setting when not collecting data, or undertaking soft start procedures (e.g. during line turns or when moving to another part of the survey area).
 
The firing of a single gun during turns is an industry standard and is generally considered a reasonable precaution. This sound source may alert whales in the area to the presence of the seismic array and reduce chances of entanglement or contact.

If the array is completely shut down or reduced to low power (e.g. for operational reasons or during line turns), observations for whales should continue.  To restart the array the following procedures should take place:
•	If no whales are sighted during the shut-down/low power period then start-up may commence using 
A.3.2 Soft Start Procedure and A.3.3 Start-up Delay Procedure.  
•	If whales are sighted during the shut down/low power period, or if observations for whales ceased, then start-up should not begin until pre start-up visual observations have been conducted, as outlined in A.3.1.  Start-up may then commence using A.3.2 Soft Start Procedure and A.3.3 Start-up Delay Procedure.  

A.3.5 Stop Work Procedure 
If a whale is sighted within the 3km observation zone an additional trained crew member or marine mammal observer should also be brought to the bridge to continuously monitor the whale whilst in sight.

If a whale is sighted within or is about to enter the Low power zone, the acoustic source should be powered down to the lowest possible setting.  If a whale is sighted or is about to enter the Shut-down zone, the acoustic source should be shut down completely.

Power-up of the acoustic source with soft-start procedures should only occur after the whale has been observed to move outside the Low power zone, or when 30 minutes have lapsed since the last whale sighting. 

A.3.6 Night-time and Low Visibility Procedures 
At night-time or at other times of low-visibility (when observations cannot extend to 3km from the acoustic source, e.g. during fog or periods of high winds), the following measures apply for start up and operations: 

Start up may be commenced according to A.3.2 Soft-Start Procedure:
•	provided that there have not been 3 or more whale instigated power-down or shut-down situations during the preceding 24 hour period; or
•	if operations were not previously underway during the preceding 24 hours, the vessel (and/or a spotter vessel or aircraft) has been in the vicinity (approximately 10km) of the proposed start up position for at least 2 hours (under good visibility conditions) within the preceding 24 hour period, and no whales have been sighted.

Operations may proceed provided that there have not been 3 or more whale instigated power-down or shut-down situations during the preceding 24 hour period.  

During low visibility, where conditions allow, continuous observations to spot whales should be maintained with a particular focus on the Low power and Shut-down zones. If whales are detected then the procedures outlined in A.3.5 Stop Work Procedures should apply.  

If sightings of whales have been frequent or are higher than were anticipated during the planning of the survey, the proponent should contact the Department to discuss appropriate night-time provisions and whether additional management measures should be employed for day and/or night-time operations.

A.4 Compliance and Sighting Reports

It is the responsibility of the proponent to maintain a record of procedures employed during operations.  Such records should be auditable and account for aspects of the operation that relate to legislative approvals and regulations. Additionally, information on any whales (or other species) sighted during the survey may be useful in the planning and assessment of future marine industry activities.  

A report on the conduct of the survey, and any whale interactions, should be provided to the Department within two months of survey completion. The report should, at a minimum, contain:
•	the location, date and start time of the survey;
•	name, qualifications and experience of any Marine Mammal Observers (or research scientists) involved in the survey;
•	the location, times and reasons when observations were hampered by poor visibility or high winds;
•	the location and time of any start-up delays, power downs or stop work procedures instigated as a result of whale sightings;
•	the location, time and distance of any whale sighting including species where possible; and 
•	the date and time of survey completion. 

Any whale sightings should be recorded on a sightings form. An example reporting form for cetaceans sightings is available online at http://www.environment.gov.au/epbc/publications/seismic.html 

The Report and completed sighting forms should be emailed to portsandmarine@environment.gov.au or posted to:
Director
Ports & Marine Section
Approvals and Wildlife Division
Department of the Environment, Water, Heritage and the Arts
GPO Box 787
CANBERRA  ACT  2601

For seismic surveys operating in areas where the likelihood of encountering whales is moderate to high, the application of additional measures, to ensure that impacts and interference are avoided and/or minimised, are necessary. The following measures are recommended, however, application of all these measures may not be necessary, applicable or possible for all seismic survey operations.  In planning a seismic survey, the proponent should consider which of these measures best apply to their circumstances. Details of the measures to be applied should be included in any referral submitted under the EPBC Act. The proponent is strongly encouraged to seek advice from the Department about the likelihood of surveys interacting with whales and the management measures that may be necessary.

B.1 Marine Mammal Observers (MMO) 
As the likelihood of encountering whales increases, the proponent should engage MMOs.  MMOs should be trained and experienced in whale identification and behaviour, distance estimation, and be capable of making accurate identifications and observations of whales in Australian waters. The MMOs should assist other observers 
(e.g. trained crew) and be available to provide advice, should whales be encountered. 

B.2 Night-time/Poor visibility
For surveys in areas where whales are expected to be encountered, the proponent should include appropriate management measures to detect (or predict) whale presence and apply measures to reduce the likelihood of encounters.  Depending on the situation a range of measures may be appropriate, possible measures include:
•	Limiting initiation of soft start procedures to conditions that allow visual inspection of the precaution zone;
•	Daylight spotter vessel or aircraft searches of the night-time survey area to determine if whales are present; and
•	Pre survey research (including surveys) to detect and identify likely whale concentration areas, such as: peak migration paths and times, key feeding sites (e.g. shelf breaks, sea mounts and trenches), or other aggregation areas.

B.3 Spotter Vessel(s) and Aircraft
Where the likelihood of encountering whales is high, spotter vessels/aircraft could be used to assist in detecting the presence of whales. Spotter vessels and aircraft may be usefully employed to determine the presence and likelihood of encountering whales during day and night-time operations; information that can then be used to re-design the survey or tracks to be run to avoid whales that are in the vicinity. Spotter vessels/aircraft should maintain continuous contact with the seismic survey vessel.  An MMO should be employed on board both the survey vessel and the spotter vessel/aircraft.

B.4 Increased Precaution zones and Buffer zones
In some locations and circumstances it may be advisable to apply increased distances for the instigation of power-down procedures from those outlined in Part A Standard Management Procedures.  For important habitats, such as feeding areas, when concentrations of food and whales are likely to occur, an increased low power zone (e.g. 3km) may be appropriate to ensure that disturbance or displacement of whales does not occur.  Such a measure may not need to apply for the whole of the survey (time and area) but may be advisable for particular specific locations 
(e.g. along the shelf edge where food sources are most likely to occur).

For surveys being undertaken in the broad vicinity of known breeding or resting areas, a buffer (exclusion) zone should be established to ensure that operating survey vessels do not enter the vicinity where whales may be present.  The size of the buffer zone should be established on a precautionary basis.  Where available, scientific evidence and/or acoustic propagation modelling should be used to determine and justify the buffer zone. 

B.5 Passive Acoustic Monitoring 
Passive acoustic monitoring (PAM) is an emerging technology that has some limitations.  Deployment of PAM with appropriate technologies and programs to detect whales in real time may provide an additional method of detecting and avoiding whales during surveys and may be particularly useful during night-time and low visibility operations.  The use of PAM as a detection tool should be considered by the proponent and, if deployed, details should be provided on their intended use as part of any referral under the EPBC Act.

B,6 Adaptive Management
Where a survey is proposed in an area that is spatially and temporally on the edge of areas considered to provide biologically important habitat, the proponent may consider implementing adaptive management procedures to manage the potential increased likelihood of encountering whales. For example, they may cease all night time surveying if there are three consecutive days on which operators experience three or more whale-instigated shut down/power down situations. Adaptive management may also be used in conjunction with other measures described in Part B. For example, if aerial surveys identify whales in the region, increased buffer zones are implemented.