New Jersey-2014-SR86-Introduced

A Senate Resolution urging the President of the United States, Rutgers, The State University of New Jersey, the National Science Foundation, and the National Oceanic and Atmospheric Administration to cancel seismic survey testing off the New Jersey coast.

Whereas, Rutgers, The State University of New Jersey, along with several partners, including the National Oceanic and Atmospheric Administration, plans to conduct seismic survey testing, funded by the National Science Foundation, off the coast of New Jersey in the summer of 2014, purportedly to study changes in sea level from 60 million years ago to the present; and

Whereas, The National Science Foundation, when announcing the grant to Rutgers University for the testing, noted that the testing "may be of relevance for the hydrocarbon exploration industry," and some critics of the study believe the research will be used to probe for undersea oil and gas deposits for potential future drilling; and

Whereas, The study will include the firing of compressed airguns, causing extremely loud blasts of air, every 5.4 seconds, 24 hours a day, for several weeks, and the study encompasses approximately 230 square miles and is positioned between 15.5 and 52.8 miles of the coast of New Jersey; and

Whereas, Scientific evidence indicates that behavioral disruption to certain marine mammals can occur at substantially lower received levels than the levels authorized for the study, including certain marine mammals that will be specifically impacted by the study; and

Whereas, Endangered fin and humpback whales have stopped vocalizing, a behavior essential to breeding and foraging, due to the startup of a seismic survey; and

Whereas, As a result of an airgun being fired, a blue whale was observed to have stopped vocalizing and to have significantly changed its course; and

Whereas, Controlled exposure trials, in which harbor seals were exposed to small airguns being fired for just one hour, resulted in the observation of a fright response, evidenced by significant drops in heart rate, indications of a cessation of feeding, and rapid swimming away from the noise source; and

Whereas, Certain sounds may cause beaked whales to change their behavior, including panic response and rapid surfacing, which causes an injury to these whales comparable to decompression sickness; and

Whereas, In 2013, an outbreak of the morbillivirus killed 151 bottlenose dolphins, so the local bottlenose dolphin population is already stressed, and research to address the cumulative effects of the disease coupled with the seismic survey apparently has not been conducted; and

Whereas, The calving season for bottlenose dolphins runs through the summer months in the New Jersey coastal region, and dolphin calves potentially are more susceptible to hearing damage than adult dolphins, and calves also are limited in their ability to flee from the source of a stressor due to their size and dependence on their mothers; and

Whereas, The seismic survey also includes the use of a multibeam echosounder with sound in the 10.5 to 13.0 kHz frequency range, and a 12.0 kHz multibeam echosounder was implicated in the stranding of approximately 100 melon-headed whales off the coast of Madagascar in 2008; and

Whereas, With respect to the critically endangered North Atlantic right whale, of which the western population is approximately just 400 whales, the National Marine Fisheries Service (NMFS) has stated "no mortality or serious injury for this stock can be considered insignificant," but the NMFS has nevertheless authorized for the seismic study the "take," or harming, of three right whales, a position which is inconsistent with its own prior statement; and

Whereas, The hearing sensitivity of marine mammals should not be overlooked, and there is scientific evidence indicating that certain marine mammals may be much more sensitive to sound than previously believed; and

Whereas, The NMFS's Incident Harassment Authorization (IHA) regarding the impact of the seismic testing on marine life repeatedly states that there is little data as to the effect of this kind of testing on marine wildlife, but nevertheless characterizes the impact as negligible; and

Whereas, The timing of the seismic testing, during the summer months, which is the peak of marine mammal and certain other marine animal species activity off the coast of New Jersey, may exacerbate the impact on marine wildlife, as opposed to the testing being conducted in the winter months; and

Whereas, NMFS's IHA for the seismic study contains several inaccurate references, possibly from other projects, that may have caused inaccurate conclusions to be drawn regarding the environmental impact of this study on marine life; and

Whereas, Local fisherman have expressed substantial concern over the study and fear that the airgun blasts will scare fish from the area, which in turn will have an impact on their livelihood and the local economy; and

Whereas, The New Jersey Department of Environmental Protection (DEP) has indicated that part of the study area includes areas identified as "essential fish habitat," where fish spawn, breed and feed; and

Whereas, DEP further indicated that the seismic testing will produce sounds of 250 decibels underwater, and that 160 decibels is considered to be the threshold level of sound posing harm to marine wildlife; and

Whereas, The study is being conducted in the height of the tourist season for New Jersey, and therefore may also negatively impact recreational fishing in the area; and

Whereas, The potential harm to marine wildlife, as well as the fishing and tourism industries in New Jersey, warrant cancellation of the seismic testing off the coast of New Jersey, or at the very least, postponing the testing until the winter months; and

Whereas, Members of New Jersey's congressional delegation have made admirable efforts in attempting to stop the testing; and

Whereas, On or about July 3, 2014, DEP filed a complaint in federal court for injunctive relief to prevent the seismic survey testing at this time, the court ruled in favor of the testing, but the DEP indicated it will appeal this decision; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. This House urges the President of the United States, Rutgers, The State University of New Jersey, the National Science Foundation, and the National Oceanic and Atmospheric Administration to cancel seismic survey testing off the coast of New Jersey.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the President of the United States, the President and Board of Governors of Rutgers, The State University of New Jersey, the Director of the National Science Foundation, the Administrator of the National Oceanic and Atmospheric Administration, and the Commissioner of the New Jersey Department of Environmental Protection.

STATEMENT

This resolution urges the President of the United States, Rutgers, The State University of New Jersey, the National Science Foundation, and the National Oceanic and Atmospheric Administration (NOAA) to cancel seismic survey testing off the coast of New Jersey in the summer of 2014. The seismic testing involves the firing of compressed airguns underwater, which results in extremely loud blasts of air traveling great distances underwater.

While the purported purpose of the testing is to study changes in sea level from 60 million years ago to the present, some believe the true purpose of the testing is related to potential future oil and gas drilling off the coast of New Jersey. In fact, the National Science Foundation, which is funding the project, indicated that the results of the testing "may be of relevance for the hydrocarbon exploration industry."

The available scientific evidence relating to the impacts of such testing indicate that marine wildlife, including several species of marine mammals, may be harmed by the testing. Such harm may include marine wildlife fleeing from its habitat, interference with breeding and feeding, and increased stress to wildlife.

The potential harm to some species is particularly troubling: the local population of bottlenose dolphins suffered 151 deaths due to the morbillivirus in 2013, so that population is already under stress. Moreover, there are just 400 North Atlantic right whales in the region, and the National Marine Fisheries Service (NMFS), an agency within NOAA, has previously stated that any loss to this population would be significant.

Further, given that the available data on this kind of testing is limited, it is difficult to determine the extent of harm that will be caused to marine wildlife. Given this uncertainty, the NMFS should err on the side of caution and protect marine wildlife.

The summer is the height of marine wildlife activity in the area, so rescheduling the testing for the winter months would minimize any potential effects on marine wildlife. Additionally, the summer is the busiest season for New Jersey's fishing and tourism industries, and it is not clear what impact this testing will have on those industries.