Feedback (Objections or Claims)

If you are going to acquire the survey, minimise your impacts to adult rock lobster.

Our View (Assessment of Merit)

We understand concerns about the permanent effects on rock lobster. Research has shown that the mortality rate of adult lobsters exposed o MSS is no greater than natural mortality. However, we agree that where an abundance of WRL is potentially higher (i.e. around reef habitats) our activities could be constrained as precautionary. We note that the "no effect" distance ranges from 58m (particle motion threshold) to 292m (sound pressure proxy threshold) from the sound source.

Measures adopted because of the consultations

Seismic source will not be operated within a 300m horizontal distance of the 12m bathymetric contour around: - Leander Reef - Big Horseshoe Reef, and - 14 other unnamed reef areas within the eastern part of the Active Source Area.

Feedback (Objections or Claims)

What are the effects of previous seismic surveys on the Western Rock Lobster?

Our View (Assessment of Merit)

The scientific study conducted by DPIRD during the Xanadu 3D MSS is the most relevant survey for comparison, alongside some relevance of the effects of seismic on Southern Rock Lobster in the Otway region. Whilst the full study has not been released yet, DPIRD did present the summarised findings from the study at a recent International Conference & Workshop on Lobster Biology & Management observing the effects of seismic acquisition on Western Rock Lobster. The study highlighted elevated behavioural and physicological effects on the lobsters with a minumum exposure range of approx 3m away from a seismic source.

Measures adopted because of the consultations

Pilot Energy reviewed the adequacy of the current impact management zone for rock lobsters and have implemented a 300m exclusion zone–around Leander Reef, Big Horseshoe Reef and around a further 13 unnamed reef areas in water depths shallower than 12 m.

Feedback (Objections or Claims)

Western Rock Lobster are different to Southern Rock Lobster (less robust) and therefore the scientific knowledge of the effects of seismic on Southern Rock Lobster doesn't apply to Western Rock Lobster.

Our View (Assessment of Merit)

The available scientific literature on WRL and SRL provides relevant information for undertaking a thorough impact assessment, this will note that there are similarities and differences in the two species. We acknowledge that there is concern and a perception that Pilot Energy may overstate or downplay these issues, however this is unfounded and the science will be reviewed to ensure this doesn't occur.

Measures adopted because of the consultations

Pilot Energy have UTAS to undertake a study to evaluate the relevance and transferability of existing scientific knowledge from Southern Rock Lobster to Western Rock Lobster. Since release of DPIRD Xanadu study finding's Pilot are currently reconsidering the need for the scope of work on transferability. Currently consulting with WRLC and UTAS on scope of work.

Feedback (Objections or Claims)

Given the uncertainty of effects to Western Rock Lobster more research should be before (during and after) the survey to understand the effects more.

Our View (Assessment of Merit)

We can proceed in the presence of some level of uncertainty through management, hence the exclusion zones, and/or through high confidence in our predicted impacts.

Measures adopted because of the consultations

Complete independent, underwater sound propagation modelling and publish the full report and a summary on the Eureka 3D MSS website and monitor the sound levels emitted to give confidence to the accuracy of our assessment, and hence the assessment outputs.

Pilot Energy recognises that understanding the levels of uncertainty in our assessments is part of our commitment to ensuring impacts and risks from the Eureka 3D survey are managed to an acceptable level. The DPIRD results improve the case for further research into the effects of seismic surveys on western rock lobsters. We will work with DPIRD, industry associations, and research bodies to reveal if research involving a larger sample size in the context of the Eureka survey may lessen the levels of uncertainty.

Feedback (Objections or Claims)

We (commercial fishers) will be worse off as a result of not being able to fish, having to fish elsewhere, or damage to our gear. This includes knock-on effects to subsequently displaced fishers and co-ops.

Our View (Assessment of Merit)

We agree that interference with commercial fishers should be avoided where possible. If this is not possible a compensation protocol should be in place for replacing accidentally damaged or lost gear. Loss of catch in a CPUE adjustment or direct displacement of fishing.

Measures adopted because of the consultations

We will adopt the NERA Adjustment Protocol as starting point with consultation required to refine content. Purpose of the Adjustment protocol is that no commercial fisher is worse off as a result of the Eureka 3D MSS and that reasonable, evidence-based claims are promptly assessed and resolved.

This set of protocols has previously been endorsed by WAFIC when used on the North West Shelf, and is currently under review from Western Rock Lobster Council.

All identified individual commercial fishers will also be invited to provide feedback on the NERA compensation protocol for input.

Feedback (Objections or Claims)

The Beagle islands are a significant breeding ground for the Australian sealion and they may forage out into the proposed area.

Our View (Assessment of Merit)

We understand concerns around disturbing sealion cows especially during pupping season and agree that our activities could be constrained around the Beagle islands.

Measures adopted because of the consultations

Planned survey vessel will not be operated within a 9.2km horizontal distance around the Beagle Islands. Exclusion zone added.

Feedback (Objections or Claims)

What will the effect on fish stock be?

Our View (Assessment of Merit)

We acknowledge there will be localised effects on planktonic stages of fishes life-cycles.

Measures adopted because of the consultations

We have uploaded our draft impact assessment on fish stocks to the website which will inform any protective measures we need to adopt for the survey. We have also consulted with DPIRD who have provided input into the optimal timing of any activity to minimise effects on fish stocks.

Feedback (Objections or Claims)

Will there be any impact to octopus fisheries from the seismic acquisition?

Our View (Assessment of Merit)

A study completed in Gippsland in 2019/20 on the impacts of seismic surveys on Octopus has been recently released by Day et al., and concluded that here was no impact of the seismic survey on the Octopus fishery CPUE at a fishing block level.

Measures adopted because of the consultations

The findings of this study have been included in our draft impact assessment online - impact of underwater sound from seismic (listed under molluscs). No additional control measures necessary.

Feedback (Objections or Claims)

Will the seismic activity affect whales in the area?

Our View (Assessment of Merit)

Pilot Energy acknowledge that the Mid West is a migration pathway for multiple species of protected whales including; - Pygmy Blue Whales - Humpback Whales - Southern Right Whales.

Measures adopted because of the consultations

Pilot Energy has altered their acquisition timing in response to new information on whale migration pathways by DBCA, to ensure no activity is undertaken during these periods of time.

The February – March window, should have no impact on whale species, however additional measures are in place to protect these cetaceans including: - Marine Fauna Observers onboard, observing for whales for the duration of the project - Shutdown protocols in line with EPBC Act Policy Statement 2.1 - Slowly ramp up to full power over 30 minutes of seismic output to allow for marine species to move away from the source before it is at full power.

Feedback (Objections or Claims)

Object to the survey entirely.

Our View (Assessment of Merit)

We have a legal and regulatory right to explore for petroleum and impacts need to be managed to be as low as reasonably practicable.

Measures adopted because of the consultations

Where possible we consult with relevant persons and make efforts to avoid affecting functions, interests, and activities.

Feedback (Objections or Claims)

The survey is being used to gather sea bed data for windfarms

Our View (Assessment of Merit)

The survey is not being used to gather data for windfarms. The planned seismic survey is utilising standard geophysical data collection techniques (as required for petroleum exploration) collecting subsurface data that images kms of geological layers of the subsurface. Wind farms require a different data focused on the top 20m of subsurface which will not be acquired during the Eureka survey. Further, any offshore wind activity is covered by a different piece of legislation - the Offshore Electricity Infrastructure Act.

Measures adopted because of the consultations

While Pilot Energy is interested in supporting renewables like offshore wind, the Indian Ocean area around Perth and Bunbury has not been released as a declared area and has not commenced consultation and assessment.

Feedback (Objections or Claims)

Why can't you share survey data previously acquired?

Our View (Assessment of Merit)

The regulatory body NOPTA governs the confidentiality laws around acquired seismic data and for proprietary surveys acquired by Oil & Gas companies. New seismic survey data will remain closed filed for 5 years before it has to be released as open file for other companies to access. The Eureka marine seismic survey, has no overlap with previously acquired 3d surveys in th area, so there is no previous 3D data to share.

Measures adopted because of the consultations

Eureka is publishing all known 3D seismic surveys in the area to maintain full transparency that no surveys have previously been acquired in the area of interest. It is also worth noting that due to the cost of acquiring new seismic, reprocessing of older data is commonly a preferred choice by operators when possible.

Feedback (Objections or Claims)

Can you reduce the sound levels you require for the survey.

Our View (Assessment of Merit)

We had previously reduced the source sound as low as we could to meet our geological objectives. Those geological objectives are different in the shallower waters. Source sound levels (and consequently received sound levels) are influenced not only by total capacity (volume) of the array, but also its configuration.

Measures adopted because of the consultations

Pilot will consider (where operational requirements allow) the option of using a smaller seismic source (<2,500 in3) for acquisition in shallow waters where nodes may be used, rather than towed streamers despite the increased cost this would have to the survey.

Feedback (Objections or Claims)

Will fishers and marine users be able to access and use the offshore area inside the Operational Area polygon during the window of seismic acquisition?

Our View (Assessment of Merit)

During acquisition the vessel will host a minimum of 6 streamers, this means the vessel will have restricted manoeuvrability. Her minimum speed is 4.5 knots, and she cannot come to a complete stop. For the safety of your vessel and equipment, it is advised not to approach closer than 6 km to the seismic vessel or its streamers. To the east of the reef structures a smaller 3km exclusion buffer will be enforced, as the vessel will only be towing a sound source and no streamers.

Measures adopted because of the consultations

Pilot Energy will notify all relevant persons four weeks prior to the start (or re-start) of the survey to provide details about the order in which survey zones will be completed and the anticipated date and duration for their completion.

Commercial fishers actively operating in the Operational Area will be issued a 7 to 10-day forecast prior to activities commencing in the Operational Area. This will include detailed maps showing the planned area of activity during the forecast period.

Commercial fishers actively operating in the Operational Area are kept informed of daily survey activities through Pilot’s 24-hour look-ahead communication.