Geophysical Industry Marine Mammal Conservation Under the Gulf of Mexico Proactive Regulatory and Observational Program (GOM-PROP)

The United States National Marine Fisheries Service (NMFS) issues permits for incidental marine mammal harassment under the U.S. Marine Mammal Protection Act. Authorizations may be issued on a project-by-project basis via incidental harassment authorizations (IHAs), or on a programmatic basis using rulemaking to issue an incidental take regulation (ITR) for a period of up to five years, with individual projects receiving letters of authorization (LOAs). In January 2021, NMFS issued the first ITR encompassing the programmatic activities of competitive industry interests for the energy geoscience industry in the Gulf of Mexico. The Rule became effective in April 2021, and under the ITR, LOAs are issued for geophysical activities related to oil and gas exploration and development in the region. The ITR requires LOA holders to “collectively be responsible for compilation and analysis of [protected species monitoring] data for inclusion in subsequent annual synthesis reports.” The “Gulf of Mexico Proactive Regulatory and Observational Program” (GOM-PROP) was conceptualized to achieve compliance with this provision. The approach to achieving this comprehensive reporting across dozens of companies with various contractors and subcontractors considered issues such as managing confidential business information while facilitating collaboration; achieving consistency in data collection and management; logistics of compiling and storing data; achieving participation from LOA holders; and enabling industry to lead subsequent ITR development. GOM-PROP works closely with U.S. regulatory agencies to ensure reporting will meet the standards and needs and will appropriately inform compliance and future permit applications.