Category Archives: offshore oil

The Lens Opinion, Times-Picayune: Royalty-screwed: Big Oil likes to confuse severance taxes with cleanup costs

Royalty-screwed: Big Oil likes to confuse severance taxes with cleanup costs

The Lens
Nola.com

OPINION By Mark Moseley, Opinion writer September 10, 2013 5:00pm

In August, Sen. Mary Landrieu argued that Louisiana deserves a greater share of oil royalty payments, maybe even rates equal to those received by mineral-rich states in the interior, such as Wyoming. With the additional proceeds from offshore production, Landrieu argues, the state can fund its urgent coastal restoration needs:

“Failure is no option. I don’t know if anybody knows where any other money is, but I don’t. If we do not get this [royalty] money, we cannot secure this coast and build the levees we need.”
In fact, Landrieu was well aware of another possible source of money. BP is about to be on the hook for a massive fines related to the 2010 oil spill, and Louisiana will use its share of those billions to jumpstart restoration projects.

Also, the Southeast Louisiana Flood Authority-East’s coastal erosion lawsuit against 97 oil, gas and pipeline companies had been announced in July and – importantly- Landrieu signalled tentative support when she said, “I think we should seek justice everywhere we can find it.”

In 2006, Landrieu successfully shepherded legislation that, beginning in 2017, will increase Louisiana’s royalties from our vast offshore assets. Unfortunately, a $500 million cap prevented the act from being the coast’s saving grace. Landrieu wants to rectify that by removing the cap.

State coastal czar Garret Graves identified increased royalties as a prong in the state’s strategically sequenced tripartite coastal strategy. (It’s a complicated affair.) The other two prongs include BP oil spill money (natch), and “battling with the Army Corps of Engineers over its management of the Mississippi River.” It’s apparently a delicately balanced little stratagem, and Graves is hopping mad at the flood authority lawsuit because it has disturbed the Jindal administration’s priority sequence of coastal restoration funding mechanisms.

One thing is clear, though: The Jindal administration, the oil and gas lobby, and presumably the majority of the state Legislature are not thrilled by the flood authority’s lawsuit. They would prefer that the state’s $50 billion Master Plan to restore the coast be funded through an increased share of oil and gas royalties.

The royalty issue takes on increased importance in light of BP’s recent transformation from “contrite to combative.” Perhaps alarmed by increased potential expenses related to the oil spill, the once-apologetic oil giant has gone from vowing to “make things right” to basically mounting a PR campaign to say it is being victimized by fraudulent Louisianans. Thus it seems that BP will not be paying additional fines or judgements, without first exhausting all of its legal options. And that will likely mean years of delay.

So the royalty option assumes more importance. And this suits the oil and gas companies fine. Restoring the coast with oil and gas royalties gives the illusion that oil giants are paying to fix the coast that they helped to disappear (by slicing it apart with pipelines and navigation channels).
However, they’re not paying anything more than than they used to. Increasing royalties for Louisiana come out of the federal government’s share, not Big Oil’s coffers. It’s additional money for the state, and less for the federal budget.

Flood authority vice chairman John Barry explained in his masterful Lens op-ed:
The industry wants it [the coast] fixed, but they want taxpayers to pay for the damage they did, either in taxes or flood insurance rates. If we succeed in getting a bigger share of offshore revenue, we’re getting it from the federal treasury. From taxpayers in Rhode Island and Oregon – and in Louisiana. The industry won’t be paying a penny more.

This gets to the heart of the royalty dilemma. The rhetoric surrounding the argument Landrieu makes for increased royalties for Louisiana – “we deserve our fair share” and “we need this money to fix our coast” – subtly conflates two different issues.

Royalties, or more accurately, severance taxes, are compensation for the right to extract non-renewable mineral wealth. It’s for removing mineral assets, like oil, that can only be exploited once. Royalties are not a repair cost for extraction, or compensation for environmental impact.

Everyone who touts increased royalties as the smart play toward funding the coastal reconstruction Master Plan is misleading you. They are trying to link royalties and coastal restoration in the public’s mind, as a solution to the problem.

Don’t be misled. Louisiana’s fair share of the mineral wealth is one issue. If we should get a larger percentage of revenues – the same share interior states receive – that would be wonderful.

However, oil and gas companies’ responsibility for our coastal mega-problem is a separate issue. We would deserve increased royalties even if the coast was healthy and flourishing like it was a hundred years ago. As Barry says, Big Oil should pay more to fix the coast that they helped break. If the state acquires more royalty funds and directs them to restore the coast, instead of other urgent needs, that’s still a tremendous sacrifice.

Granted, the odds are long against the lawsuit being successful. Even if it were, oil and gas companies, like BP, will probably use every legal and political device at their disposal to avoid paying judgments promptly. So, increased royalties might become one of Louisiana’s last best politically feasible solutions to fund coastal restoration.

But don’t be fooled, if that’s how it plays out. Taxpayer’s will be paying for the destruction of our coast by the world’s richest corporate sector. Big Oil had a chance to step up, and instead they let the “little people” -as a BP exec once called us- take the hit.

I call that getting royalty-screwed.

Special thanks to Richard Charter

AP: Contracting issues delay legacy well cleanup in Arctic reserve

http://www.adn.com/2013/09/10/3068057/contracting-issues-delay-cleanup.html

Published: September 10, 2013 Updated 1 hour ago

By BECKY BOHRER — Associated Press

JUNEAU, ALASKA — Contracting issues have delayed the start of planned cleanup work around abandoned well sites in the Alaska Arctic, a spokeswoman for the U.S. Bureau of Land Management said Tuesday.

In May, BLM-Alaska released a draft plan identifying 50 abandoned wells in the National Petroleum Reserve-Alaska that it believes require cleanup by the agency. The plan prioritized the remediation of the first 16 of those sites in the reserve. One of those sites — described as lying near a well-traveled winter road, with a building well known for providing shelter to travelers in poor weather — has a gas leak that the agency said could pose a threat to public health and safety.

The plan called for surface work at several sites southeast of Barrow to begin as early as this year, with cleanup of drums submerged in oil seeps and other debris. But Erin Curtis, a spokeswoman for BLM-Alaska, said that kind of work needs to be done in the summer. She said the contracting process can be lengthy and it will probably be next summer before that work begins.

She said there is no greater risk associated with the delay. The debris has been out there for a long time and will get frozen over during the winter, she said.

BLM manages the reserve, where more than 130 wells were drilled under the federal government’s direction as part of an exploratory oil and gas program from the 1940s to the 1980s. State leaders have pushed for progress on the cleanup and insisted it is a federal responsibility.

Curtis said the money for the initial surface work has been identified. But it’s not clear what the total cost to address the priority sites might be, and Curtis said additional work will be dependent upon funding.

Curtis said she expected the final version of the draft plan to be released soon. The initial hope was to have the plan finalized within weeks after the draft was released. But Curtis said it took a little longer than expected to get comments from interested parties. She characterized the comments BLM received as generally supportive of the top priorities the agency identified.

Cathy Foerster, a commissioner with the Alaska Oil and Gas Conservation Commission who has been critical of BLM’s handling of the legacy well issue, said she was encouraged that BLM was working with her group and others and taking their comments into account.

Foerster said she agrees with BLM on the highest-priority wells but worries that the agency doesn’t seem concerned about other sites. She remains concerned about the availability of funding and is taking a wait-and-see approach on any work that’s done.

“I won’t feel good until the work is done and I’ve seen how it’s done,” she said.

Curtis said the draft plan is meant to cover short-term issues. She said the intent is to look at additional sites once the highest-priority sites are addressed.

Read more here: http://www.adn.com/2013/09/10/3068057/contracting-issues-delay-cleanup.html#storylink=cpy

Lois N. Epstein, P.E.

Engineer & Arctic Program Director

The Wilderness Society

work: 907.272.9453, x107| cell: 907.748.0448

www.wilderness.org

Facebook: www.facebook.com/TheWildernessSociety

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We protect wilderness and inspire Americans to care for our wild places

Special thanks to Richard Charter

Energy & Environment: Regulator hopes Gulf mapping tool can defuse tension between drillers, fishermen

Nathanial Gronewold, E&E reporter
Published: Thursday, September 5, 2013

HOUSTON — The federal government is racing to roll out a new mapping
tool that it hopes will lead to a truce between offshore drillers and
fishing interests over the spike in rig decommissioning and tear-downs.

The Bureau of Safety and Environmental Enforcement hopes by the end of
this month to have the basic framework for a geographic information
system mapping tool that would be used to track the life span of the
thousands of offshore structures and platforms standing in the Gulf of
Mexico, hundreds of which are slated for removal. But finalizing it
will take many more months or even years and will require the input of
charter fishermen, recreational diving companies, shrimp boat captains
and anyone else who has a stake in the Gulf’s natural resources.

The aim is to defuse the tension between charter fishermen and divers,
who depend on the artificial reef environments created by the rigs for
their livelihood, and the very owners of those offshore structures, who
are legally required to remove them when they are no longer in use. Rig
owners also fear the legal liability they are exposed to should a
defunct rig cause an accident or suffer storm damage.

In an interview, David Smith, a public affairs specialist at BSEE, said
the map that he and his team hope to complete this month will just be a
bare-bones version of the final product. The ultimate aim, he said, is
to develop a tool that enables all interested parties to know ahead of
time when a rig might be coming down and whether that structure would
be a good candidate for the federal Rigs to Reefs program.

BSEE sees Rigs to Reefs as the key to bridging the divide between the
fishermen and offshore oil and gas companies. Charter fishing interests
have been lobbying hard in Congress for a temporary moratorium on rig
decommissioning and removal, something that oil and gas companies and
the decommissioning industry are eager to avoid.

“You have the older platforms that have created this temporary
artificial habitat for fish and other marine life, but they’re also the
ones that are probably going to come out the soonest,” Smith explained.
“What we found is that there needs to be a lot more collaboration in
the planning process for decommissioning.”

Although the platforms, caissons and other offshore structures are the
private property of oil and gas companies, commercial and charter
fishermen insist that their voices should be added to the discussion on
what to do with an aging offshore structure. At the same time they and
some state agencies complain that the Rigs to Reefs program is too slow
and laden with bureaucracy. Six federal agencies have some say in what
happens to a structure resting above an abandoned offshore well.

Capt. Gary Jarvis, former president of the Corpus Christi, Texas-based
Charter Fishermen’s Association (CFA), expressed some skepticism that
BSEE’s planned reforms of Rigs to Reefs will work, but he is satisfied
that at least BSEE is hearing his industry’s concerns.

Still, he and others feel that nearly all offshore structures should be
reefed in place after they are no longer of use to the industry. That
currently happens with only a small fraction of them.

“Ideally for us, we would say reef them right where they’re at,” Jarvis
said. “That would be a good compromise.”

Delicate balancing act

Once the GIS map is in place, Smith said he hopes to organize a cross-
industry commission to help manage it and keep it updated.
Representatives of charter fishing and dive trip operators could
identify which structures are of most value to them, and oil and gas
interests across the table could provide updates on the status of these
structures, notifying whether they plan to tear them down and how
quickly.

Representatives of Gulf state agencies that assume responsibility for
artificial reefs created in Rigs to Reefs would also be at the table to
give guidance on whether these structures can be folded into the
program. Not all are eligible to become artificial reefs.

“We’re trying to develop a GIS map as a planning tool, and then we want
to develop a collaborative planning body that will sort of be an
information repository and facilitate a dialogue,” Smith said.

It’s a delicate balancing act that will attempt, for the first time, to
bring all Gulf of Mexico commercial interests — fishing, recreation,
and oil and gas — together to hash out compromises over their
competing needs.

Though charter fishermen may want to keep all structures in place,
shrimp boat captains by and large would like to see all those defunct
platforms removed to avoid damaging their equipment. Oil and gas firms
are keen to rid themselves of liability for these defunct platforms as
soon as possible. Meanwhile, thousands of workers are employed in the
Gulf Coast region by companies that tear down platforms and salvage the
“idle iron” for scrap metal.

The committee or planning commission that he hopes to form would “take
all of the input from the shrimping community, from the trawlers, from
the fishing and recreational charters, commercial diving community, all
of those different organizations and bring it all together, and then
have regular update meetings and have a place where people can come and
talk about what’s working and what’s not,” Smith said.

Complicating matters further, the science surrounding artificial
reefing is still in its infancy. The ecological benefits of artificial
versus natural reefs is still hotly debated and will be the principal
topic of discussion at the forthcoming Gulf and Caribbean Fisheries
Institute conference in Corpus Christi, Texas, slated for November.

Wes Tunnell, associate director of the Harte Research Institute at
Texas A&M University, Corpus Christi, explained that the current debate
swirls around whether artificial reefs generate new populations of fish
species or simply concentrate existing ones. He said there is evidence
for both.

Gulf of Mexico researchers are also still trying to develop a sound,
standardized technique for studying and monitoring artificial reefs,
counting the populations of fish that call them home and comparing this
data with what researchers collect at natural reef sites. “There’s
never been a really good way to count the fish around these artificial
reefs and have kind of an objective method for doing that,” Tunnell
said.

But there is some general understanding of artificial reefs among the
scientific community. Tunnell indicated that there’s evidence to
suggest that, though natural reefs are more biodiverse, artificial
reefs may actually harbor larger numbers of fish and therefore might be
more productive for fisheries.

Harte and other research centers are willing to aid BSEE’s efforts to
reach a general compromise, but Tunnell said his institute’s position
on the decommissioning and Rigs to Reefs controversy will be strictly
neutral.

“We like to be what we call the honest broker,” he said. “We want to
keep providing the best information until we get to the right
solution.”

Hurricane’s wake

The hurricane seasons of 2005 to 2008 brought this issue to the fore.

Hundreds of platforms were damaged or destroyed by Hurricanes Katrina,
Rita, Gustav and Ike. In investigating the problem, BSEE discovered
that more than half of the damaged structures were in disuse, sitting
abandoned for years. Fixing the damage cost hundreds of millions of
dollars.

The 2010 Macondo well blowout and oil spill delayed action somewhat,
but after the dust settled from that incident, BSEE issued a notice to
oil and gas companies reminding them that they need to demonstrate a
plan for what they intend to do with abandoned platforms within five
years. The options include selling them to other companies, reusing
them for developing new wells, reefing or removal.

Smith is adamant that the Notice to Lessees issued in October 2010 was
not a directive that companies must remove abandoned structures.
Rather, the notice was meant to remind industry of the existing
regulations in place.

Smith estimated that the Gulf is home to nearly 2,900 production
platforms, but he stressed that, of these, 700 to 800 may have to be
dealt with as they near the end of their life spans. And even then the
law doesn’t require that they be removed, only that the owners come up
with a plan for what to do with them next.

Still, many in the industry acted as if the NTL was ordering immediate
compliance.

BSEE estimates that 285 structures were removed from the Gulf in 2011,
up from 153 in 2008. Permit requests for rig decommissionings rose from
254 submitted in 2010 to 319 in 2011. Fishermen and divers grew alarmed
as hundreds of platforms were pulled, mostly from the western Gulf off
the coast of Texas. Structures that they’ve depended on for years
seemingly vanished overnight.

“Especially off South Texas where we are, we’ve just had so few rigs so
when they pulled out 30 or however many there were in our region, the
fishermen and the diving industry, they felt that tremendously,” said
Jennifer Wetz, a researcher at the Harte Institute. “That was huge to
them.”

The Charter Fishermen’s Association and other groups and individual
fishermen responded by getting politically active, pressing their local
members of Congress to get involved. Last year lawmakers proposed the
decommissioning moratorium. Although that effort failed, the speed and
strength with which fishing and diving interests acted got the
attention of offshore oil and gas firms. The dispute was a top item for
discussion among industry representatives at the Decommissioning and
Abandonment Summit held in Houston earlier this year.

J. Dale Shively, artificial reef program leader at the Texas Parks and
Wildlife Department, expressed sympathy for the fishing interests but
suggested they should have seen this problem coming. Offshore platforms
are meant to be temporary installations with their owners free to do
with them as they wish, as long as it complies with the law.

“One of the sticking points really is that the public doesn’t accept
that these platforms are private property,” Shively said. “They don’t
belong to the public. They don’t belong to the federal government or
the state. They belong to the oil company.”

CFA member Jarvis, however, argues that these structures become far
more than just a matter for the private owner because they create
valuable fish habitat, an asset that is tightly controlled throughout
the Gulf. Simply removing them when the companies want to would destroy
that habitat and the fish that reside there, an action that would
result in severe consequences for fishing interests but almost none for
oil and gas firms, he said.

“There are all kinds of federal laws and regulations about live coral,
and there’s nothing on those oil rig legs but live coral. They get a
free pass on that,” Jarvis said. “The fishing reefs, also known as oil
rigs, are a valuable asset to the fishery, not only from the
fisherman’s perspective but from the fish perspective too.”

Challenges

Shively agrees with BSEE that the Rigs to Reefs program will be a
central factor to satisfying all sides of the issue, but he complained
that for a while now the program allowed too little flexibility for
state agencies like his to grab structures before they are removed and
recommend them for reefing.

He also echoed Tunnell’s point that the science of artificial reefing
is still being worked out. Texas Parks and Wildlife is relying on
researchers at the Harte Institute; University of Texas, Brownsville;
and Texas A&M University, Galveston, for help in studying Texas’ three
primary artificial reef areas. Getting a fix on the value and proper
management of the Rigs to Reefs program is a never-ending challenge, he
said.

“We don’t ever predict that we’re done,” Shively said. “We put
materials down that are serving as a reef, but the scientific questions
are if you put more material, do you get more fish, or do you at some
point get all this competition and the population decreases because now
you’re bringing in more predators?”

Another challenge is the expense. Shively estimates that a typical
reefing job costs more than $500,000. A near-shore artificial reef he’s
working to put together this month near Corpus Christi using more than
400 concrete pillars will run about $700,000. Another near Matagorda,
spread across 160 acres, will probably cost $1.2 million to complete,
he said.

“Every reefing job is expensive,” Shively said. “We’re hoping to get
some of this Deepwater Horizon money to help with it. It’s in the
plans, but we haven’t gotten official approval yet.”

Though reefing can save an operator potentially millions of dollars,
the time-consuming and cumbersome process — and restrictions on where
and how rigs can be reefed — means that far more concrete and steel
will still be removed than left in the Gulf of Mexico. Last year BSEE
reported that the oil and gas industry requested approval to scrap
about 330 offshore structures. Twenty-seven were recommended for the
Rigs to Reefs program, or about 8 percent of the total. So far this
year the agency has received permit applications to scrap 121 rigs and
to reef 15.

The GIS mapping system that BSEE will try to roll out later this month
will be the beginning of attempts to bring more structure and order to
the Rigs to Reefs program and to provide fishermen and divers with
enough information so that they can know precisely what’s happening
with their favorite reefs. If such a structure is scheduled for
decommissioning, fishing and diving interests would be able to flag it
to state officials or BSEE for possible inclusion in Rigs to Reefs. If
popular structures are deemed unsuitable for reefing, then the divers
and fishers can at least learn of this ahead of time, giving them an
opportunity to seek out replacements to visit to keep their businesses
going.

Smith said he needs the cooperation of all sides to make the experiment
work.

“In order to get the map to work, we have to get all the BSEE data on
it, we need to get all the shrimping data on it, we need to get all the
fishing data on it,” he said. “It would help if the fishing and diving
community could point out those platforms that are really important to
them and make the states aware of those so that the states know where
to look for them.”

Though he thinks it’s been taking BSEE too long to put this mapping
tool together, Smith believes this step will prove to be the easy part
of this entire effort.

“The hard part is coming up with some sort of cooperative agreement or
something for a body to put all this stuff together,” he said. “I’m not
sure exactly how that’s going to happen yet. We’re still working on
that part.”

Special thanks to Richard Charter

Houston Business Journal: Black Elk plans to resume drilling at Gulf of Mexico explosion site soon

http://www.bizjournals.com/houston/blog/drilling-down/2013/08/black-elk-plans-to-resume-gulf-of.html

Aug 28, 2013, 11:46am CDT

Deon Daugherty, Reporter-

Black Elk Energy Offshore Operations LLC hopes to bring its West Delta 32 oil platform back into production as early as next week, company executives said Wednesday during a conference call with investors.

The platform was the site of an explosion in November that resulted in the death of three contract workers in the Gulf of Mexico, 17 miles off the coast of Louisiana.

Art Garza, chief technical officer at Houston-based Black Elk, said he expects a final walk-through with federal regulators this week and that the Bureau of Safety Environmental Enforcement officials will permit the platform to return to service. Garza said that by next week, production could be up to 300 barrels of oil per day. In the following weeks, the company anticipates getting production closer to the 650 barrel per day mark.

Last week, a report commissioned by Black Elk said it was actions taken by poorly trained subcontract workers hired by a contractor, in violation of a construction contract, that led to the deadly explosion.

The platform’s return to work comes at a crucial time for the company. Black Elk reported first quarter revenue was down $22 million compared to the first quarter of 2012, and revenue for the first six months of 2013 was down $55 million compared to the same period a year earlier.

Bruce Koch, Black Elk’s CFO, said production was down from last year’s 15,000 barrels of oil equivalent per day to about 10,000 barrels in the second quarter 2013. The company is moving toward producing closer to 13,000 per day or more by the end of the third quarter.

Garza said bringing West Delta back online will help to mitigate the declines. The company also expects to benefit from a $50 million capital program signed in March with Platinum Partners Value Arbitrage Fund LP, as well as its $50 million sale of four noncore Gulf of Mexico properties to Renaissance Offshore LLC in Houston.

What’s more, the company is reducing its general and administrative staff by 25 jobs in August – a savings of about $4.5 million, Koch said. That leaves about 120 people left at the company.

Deon Daugherty covers energy and law for the Houston Business Journal..

Special thanks to Richard Charter

New York Times: Gulf Spill Sampling Questioned

I’m with Rikki Ott….the seafood and water quality in the Gulf was worse than reported by official agencies and that is no surprise to anyone paying attention. DV

U.S. Coast Guard, via Reuters

BP spill
Fireboat crews battling a blaze at the Deepwater Horizon drilling rig in the Gulf of Mexico, off Louisiana, on April 21, 2010, a day after the rig exploded, killing 11 workers and resulting in the blowout of an exploratory well owned by BP. Ultimately, roughly 200 million gallons of crude oil gushed into the gulf.

By HENRY FOUNTAIN
Published: August 19, 2013

An analysis of water, sediment and seafood samples taken in 2010 during and after the oil spill in the Gulf of Mexico has found higher contamination levels in some cases than previous studies by federal agencies did, casting doubt on some of the earlier sampling methods.

The lead author, Paul W. Sammarco of the Louisiana Universities Marine Consortium, said that dispersants used to break up the oil might have affected some of the samples. He said that the greater contamination called into question the timing of decisions by the National Oceanic and Atmospheric Administration to reopen gulf fisheries after the spill and that “it might be time to review the techniques that are used to determine” such reopenings.

Eleven workers died and roughly 200 million gallons of crude oil gushed into the gulf after a blowout at an exploratory well owned by BP caused the Deepwater Horizon drilling rig to explode on April 20, 2010. Nearly two million gallons of Corexit, a dispersant, were sprayed on the surface or injected into the oil plume near the wellhead.

In all, more than 88,000 square miles of federal waters were closed to commercial and recreational fishing. Some areas were reopened before the well was capped three months after the blowout; the last areas were reopened a year after the disaster.

Like other studies after the spill, the new analysis, published last week in the journal Marine Pollution Bulletin, found that components of oil were distributed along the Gulf Coast as far west as Galveston, Tex. — about 300 miles from the well site — and southeast to the Florida Keys.

But the study found higher levels of many oil-related compounds than earlier studies by NOAA scientists and others, particularly in seawater and sediment. The compounds studied included polycyclic aromatic hydrocarbons, some of which are classified as probably carcinogenic, and volatile organic compounds, which can affect the immune and nervous systems.

“When the numbers first started coming in, I thought these looked awfully high,” Dr. Sammarco said, referring to the data he analyzed, which came from samples that he and other researchers had collected. Then he looked at the NOAA data. “Their numbers were very low,” he said, “I thought what is going on here? It didn’t make sense.”

Dr. Sammarco said that a particular sampling method used in some earlier studies might have led to lower readings. That method uses a device called a Niskin bottle, which takes a sample from a specific point in the water. Because of the widespread use of dispersants during the spill — which raised separate concerns about toxicity — the oil, broken into droplets, may have remained in patches in the water rather than dispersing uniformly.

“Sampling a patchy environment, you may not necessarily hit the patches,” he said.

The plastic that the bottles are made from also attracts oily compounds, potentially removing them from any water sample and leading to lower readings of contaminants, Dr. Sammarco said.

Riki Ott, an independent marine toxicologist who has studied effects of the 1989 Exxon Valdez spill in Alaska as well as the BP spill, said she was “totally shocked” when she read the high numbers in Dr. Sammarco’s study.

“To see NOAA doing this, that’s inexcusable,” Dr. Ott said, referring to the use of Niskin bottles. “It has been known since Exxon Valdez that this spotty sampling does not work.”

A spokesman for NOAA said the agency would not comment because it was involved in a legal review known as a Natural Resource Damage Assessment to determine how much BP must pay for restoration work. But BP, in a statement, noted that tests on seafood by NOAA and other agencies consistently found levels of contaminants 100 to 1,000 times lower than safety thresholds set by the federal Food and Drug Administration.

Dr. Sammarco suggested that more continuous monitoring of oil spills should be undertaken before fisheries are reopened. “It’s a good idea to follow these things long term, to make sure the runway is clear so people are safe and the food is safe,” he said.

Julia M. Gohlke, a researcher at the University of Alabama at Birmingham who conducted an independent review of seafood safety after the spill, said that while decisions to reopen fisheries are currently based on fish samples only, “it seems like it would definitely be important to keep looking at water samples as well.”