Discharge of Oil From the Plains All American Pipeline Line 901 Into the Pacific Ocean Near Santa Barbara County, California, May 19, 2015, 8508-8510 [2019-04198]
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8508
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices
recover and released. Some tissue
samples would be taken from adult fish
carcasses, and the researchers would
conduct some snorkeling surveys and
redd counts. In all cases, trained crews
would conduct the operations, no adult
salmonids would be electrofished, and
all activities would take place in the
Salmon River subbasin. The researchers
are not proposing to kill any of the fish
they capture, but some may die as an
unintended result of the research.
18696—3M
The Idaho Power company is seeking
to modify a five-year permit that allows
them to annually capture juvenile white
sturgeon in Lower Granite Reservoir.
The researchers currently use smallmesh gill nets and d-ring nets to capture
the fish. They would expand upon these
efforts by adding a benthic (nearbottom) trawl in Lower Granite
Reservoir and doing additional gill
netting upstream from that reservoir.
The gill net fishing would take place at
times (October and November) and in
areas (the bottom of the reservoir and
river) that have purposefully been
chosen to have the least possible impact
on listed fish. When the nets are pulled
to the surface, listed species would
immediately be released (including by
cutting the net, if necessary) and
allowed to return to the reservoir. The
d-ring fishing would take place in June
and July, but the same restrictions
(immediately releasing listed fish, etc.)
would still apply. The purpose of the
research is to document sturgeon
survival in early life stages in the
mainstem Snake River. The research
targets a species that is not listed, but
the research would benefit listed
salmonids by generating information
about the habitat conditions near and in
Lower Granite Reservoir and by helping
managers develop conservation plans
for the species that inhabit those areas.
The researchers are not proposing to kill
any of the fish they capture, but a small
number of individuals may be killed as
an inadvertent result of the activities.
Permit 21571—2M
The United States Geological Survey
is seeking to modify a five-year permit
that currently allows them to conduct
research on migration survival among
middle Columbia River steelhead in the
Yakima River system in Washington
State. The research looks at how well
the listed fish are surviving passage
through various reaches of the Yakima
River. The researchers would modify
the permit by adding 115 more juvenile
MCR steelhead to the number they are
allowed to capture. This is being done
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in response to the catch levels they
logged in 2018.
The research would benefit the listed
fish by helping managers understand
what survival risks the young salmonids
face when migrating downriver in the
Yakima system. The managers would
then be able to use that information to
take actions designed to increase fish
survival. The USGS researchers would
capture juvenile MCR steelhead and tag
them with acoustic and passive
integrated transponder (PIT) tags. They
would then use PIT tag detectors and
acoustic receivers to follow the fish as
they move downstream. The researchers
would also use boat electrofishing
equipment to count predators in several
reaches, but they would not use that
equipment to capture any listed animals
for handling, and adult steelhead would
be avoided in all cases. The researchers
do not intend to kill any listed animals,
but a small number may die as an
inadvertent result of the planned
activities.
Permit 22381
The Yakama Nation is seeking a fiveyear permit that would allow them to
evaluate benefits and limitations of
connecting side channel systems using
groundwater infiltration galleries in
salmon habitat. The project is designed
to determine how side-channel
reconnection affects juvenile salmonid
abundance and rearing conditions. It
would also explore the potential
impacts that thermally enhanced flows
may have on juvenile salmonid growth
and survival. Metrics of juvenile growth
and survival collected from the side
channels would be compared to similar
data collected by co-managing agencies
that are monitoring other recently
completed non-groundwater based side
channel restoration actions in the
Methow Basin, Washington State. The
research would benefit listed fish by
providing information on their status
and helping improve recovery efforts.
The researchers would conduct
snorkel- and spawning-ground surveys
and would use electrofishing equipment
to capture juvenile UCR Chinook and
steelhead. The captured fish would be
anesthetized, measure, weighed,
scanned, and implanted with PIT tags.
The fish would then be allowed to
recover in live boxes and released back
to the sites of their capture. The
researchers do not intend to kill any
listed fish, but some may die as an
inadvertent result of the planned
activities.
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the applications, associated
documents, and comments submitted to
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determine whether the applications
meet the requirements of section 10(a)
of the ESA and Federal regulations. The
final permit decisions will not be made
until after the end of the 30-day
comment period. NMFS will publish
notice of its final action in the Federal
Register.
Dated: March 4, 2019.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2019–04181 Filed 3–7–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Discharge of Oil From the Plains All
American Pipeline Line 901 Into the
Pacific Ocean Near Santa Barbara
County, California, May 19, 2015
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to conduct
restoration planning.
AGENCY:
On May 19, 2015, Line 901,
a 24-inch diameter underground oil
pipeline owned by Plains All-American
Pipeline Company (‘‘Plains’’) ruptured,
releasing what has been estimated to be
at least 2,940 barrels of crude oil. Much
of the heavy crude oil flowed into the
Pacific Ocean near Refugio Beach State
Park in Santa Barbara County,
California. The oil spread southward
and eastward impacting adjoining
shorelines in Santa Barbara county and
downcoast.
The discharge affected natural
resources in the general area. All of the
foregoing is referred to as the
‘‘Incident.’’
Pursuant to section 1006 of the Oil
Pollution Act (‘‘OPA’’), 33 U.S.C. 2701,
et seq., federal and state trustees for
natural resources are authorized to (1)
assess natural resource injuries resulting
from a discharge of oil or the substantial
threat of a discharge and response
activities, and (2) develop and
implement a plan for restoration of such
injured resources. The federal trustees
are designated pursuant to the National
Contingency Plan, 40 CFR Section
300.600 and Executive Order 12777.
State trustees for California are
designated pursuant to the National
Contingency Plan, 40 CFR Section
300.605 and the Governor’s Designation
of State Natural Resource Trustees
under the Comprehensive
SUMMARY:
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices
Environmental Response, Compensation
and Liability Act of 1980, the Oil
Pollution Act of 1990, and California
Health and Safety Code section
25352(c), dated October 5, 2007. The
natural resources trustees (‘‘Trustees’’)
under OPA for this Incident are the
United States Department of Commerce,
acting through the National Oceanic and
Atmospheric Administration
(‘‘NOAA’’); the United States
Department of the Interior (‘‘DOI’’),
acting through the U.S. Fish and
Wildlife Service (‘‘FWS’’); the California
Department of Fish and Wildlife
(‘‘CDFW’’); and the California
Department of Parks and Recreation
(‘‘CDPR’’). The California State Lands
Commission (‘‘CSLC’’) is participating
as a Trustee for the Incident pursuant to
its jurisdiction under California state
law over all state sovereign lands,
including un-granted tidelands and
submerged lands. The Regents of the
University of California (‘‘UC’’) is
participating as a Trustee for the
Incident pursuant to its jurisdiction
under California state law over lands
within the Natural Land and Water
Reserves System.
Plains is the Responsible Party (‘‘RP’’)
for this Incident. The Trustees have
coordinated with representatives of the
RP on Natural Resource Damage
Assessment (‘‘NRDA’’) activities.
The Trustees began the Preassessment
Phase of the NRDA in accordance with
15 CFR 990.40, to determine if they had
jurisdiction to pursue restoration under
OPA, and, if so, whether it was
appropriate to do so. During the
Preassessment Phase, the Trustees
collected and analyzed the following:
(1) Data reasonably expected to be
necessary to make a determination of
jurisdiction or a determination to
conduct restoration planning, (2)
ephemeral data (i.e., environmental data
collected in the immediate aftermath of
the spill), and/or (3) information needed
to design or implement anticipated
emergency restoration and/or
assessment activities as part of the
Restoration Planning Phase.
The NRDA Regulations under OPA,
15 CFR part 990 (‘‘NRDA regulations’’),
provide that the Trustees are to prepare
a Notice of Intent to Conduct
Restoration Planning (Notice) if they
determine certain conditions have been
met, and if they decide to quantify the
injuries to natural resources and to
develop a restoration plan.
This Notice is to announce, pursuant
to 15 CFR 990.44, that the Trustees,
having collected and analyzed data,
intend to proceed with restoration
planning actions to address injuries to
natural resources resulting from the
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Jkt 247001
Incident. The purpose of this restoration
planning effort is to further evaluate
injuries to natural resources and
services and to use that information to
determine the need for, type of, and
scale of restoration actions.
Opportunity to comment: Pursuant to
15 CFR 990.14(d), the Trustees seek
public involvement in restoration
planning for this Incident through
public review of, and comment on,
documents contained in the Record. The
Trustees also intend to seek public
comment on a draft Damage Assessment
and Restoration Plan.
Comments should be sent to the
following email address:
refugiorestoration@fws.gov.
SUPPLEMENTARY INFORMATION:
Determination of Jurisdiction
The Trustees have made the following
findings pursuant to 15 CFR 990.41:
1. The rupture of Line 901 on May 19,
2015, resulted in a discharge of oil into
and upon navigable waters of the United
States, including the Pacific Ocean, as
well as adjoining shorelines. Such
occurrence constitutes an ‘‘Incident’’
within the meaning of 15 CFR 930.30.
2. The Incident was not permitted
pursuant to federal, state, or local law;
was not from a public vessel; and was
not from an onshore facility subject to
the Trans-Alaska Pipeline Authority
Act, 43 U.S.C. 1651 et seq.
3. Natural resources under the
trusteeship of the Trustees have been
injured as a result of the Incident. The
crude oil discharged from Line 901 is
harmful to certain aquatic organisms,
birds, wildlife, and vegetation that were
exposed to the oil. Accordingly, the
discharged oil and the response
activities to address the discharge have
had an adverse effect on the natural
resources of the Pacific Ocean and its
adjoining shorelines and impaired the
services which those resources provide.
Documents in the Administrative
Record contain more information
regarding the specific studies,
observations, etc., by which the Trustees
reached this determination.
As a result of the foregoing
determinations, the Trustees have
jurisdiction to pursue restoration under
the OPA.
Determination To Conduct Restoration
Planning
The Trustees have determined,
pursuant to 15 CFR 990.42(a), that:
1. Observations and data collected
pursuant to 15 CFR 990.43 (including
dead and live oiled birds and marine
mammals; dead and live fish and
invertebrates exposed to oil; information
regarding beaches, seagrass beds, rocky
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8509
intertidal habitats, subtidal habitats and
other habitats affected by oil or response
activities) demonstrate that injuries to
natural resources have resulted from the
Incident. Immediately following the
Incident, the Trustees, in cooperation
with the RPs identified several
categories of impacted and potentially
impacted resources, including birds,
marine mammals, fish, and shoreline
and subtidal habitats, as well as effects
to human use/recreation resulting from
impacts on these natural resources. The
Trustees then began conducting
activities, in cooperation with the RPs,
to evaluate injuries and potential
injuries within these categories. More
information on these resource categories
is available in the Administrative
Record, including information gathered
during the preassessment.
2. Spill response actions did not
address all injuries resulting from the
Incident to the extent that restoration
would not be necessary. Although
response actions were initiated soon
after the spill, the nature and location of
the discharge prevented recovery of all
of the oil and precluded prevention of
injuries to some natural resources. In
addition, certain response efforts, such
as the removal of wrack from beaches,
caused additional injuries to natural
resources. It is anticipated that injured
natural resources will eventually return
to baseline levels (the condition they
would have been in had it not been for
the Incident), but interim losses have
occurred or have likely occurred and
will continue until a return to baseline
is achieved. In addition, there were lost
and diminished human uses of the
resources resulting from the impacts to
the natural resources and from spill
response actions.
3. Feasible primary and compensatory
restoration actions exist to address
injuries and lost human uses resulting
from the Incident. To conduct
restoration planning, the Trustees have
compiled a list of restoration projects
that could potentially be implemented
to compensate for interim losses
resulting from the incident. The
Trustees have also sought suggestions
from the public on potential restoration
projects to compensate for the services
and functions provided by natural
resources. In addition, assessment
procedures such as Habitat Equivalency
Analysis and Resource Equivalency
Analysis are available to scale the
appropriate amount of compensatory
restoration required to offset ecological
service losses resulting from this
Incident. To quantify lost human uses
resulting from the Incident, the
Trustees, in cooperation with the RP,
have gathered data regarding visitor use
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Notices
of impacted sites and associated
activities. To value those lost uses the
Trustees are using a value to cost
approach, employing a Travel Cost
Model, along with Benefits Transfer, for
certain human use losses. The Trustees
will work cooperatively with local
governmental agencies and nongovernmental organizations to identify a
suite of potential restoration projects
according to the relative magnitude of
the spill. It is the goal of the Trustees
to select projects spanning the
geographic area of the spill and to
address the various types of activities
that were impacted by the spill.
During restoration planning, the
Trustees evaluate potential projects,
determine the scale of restoration
actions needed to make the environment
and the public whole, and release a
draft Damage Assessment and
Restoration Plan for public review and
comment.
Based upon information in the
Administrative Record and the
foregoing determinations, the Trustees
intend to proceed with restoration
planning for this Incident.
Administrative Record
The Trustees have opened an
Administrative Record (‘‘Record’’) in
compliance with 15 CFR 990.45. The
Record will include documents
considered by the Trustees during the
preassessment, assessment, and
restoration planning phases of the
NRDA performed in connection with
the Incident. The Record will be
augmented with additional information
over the course of the NRDA process.
The Administrative Record may be
viewed at the following website: https://
www.diver.orr.noaa.gov/web/guest/
diver-admin-record?diverWorkspace
SiteId=6104.
Dated: March 1, 2019.
Paul M. Scholz,
Chief Financial Officer/Chief Administrative
Officer, National Ocean Service, National
Oceanic and Atmospheric Administration.
[FR Doc. 2019–04198 Filed 3–7–19; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG829
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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ACTION:
Notice; public meeting.
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Herring Advisory Panel to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Wednesday, March 27, 2019 at 12 p.m.
ADDRESSES: The meeting will be held at
the Holiday Inn, Mansfield, MA 02048;
telephone: (508) 339–2200.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The primary purpose of this meeting
is to make progress on the development
of herring fishery specifications for
fishing years 2020 and 2021. The panel
will review and provide input on the
Science and Statistical Committee (SSC)
recommendation for overfishing limits
(OFL) and acceptable biological catch
(ABC) limits for fishing years 2020 and
2021. The panel will provide input on
the purpose and need for this action and
identify a range of alternatives to be
included for consideration. The
Advisory Panel will give an update and
opportunity for input on actions under
consideration by the Atlantic States
Marine Fisheries Commission (ASMFC).
They will also give an update about the
status of the Industry Funded
Monitoring (IFM) Amendment. The
panel will give an opportunity to
provide input on the Council’s five-year
research priorities related to the herring
resource and fishery. Other business
will be discussed as necessary.
Although non-emergency issues not
contained on this agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. This meeting
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will be recorded. Consistent with 16
U.S.C. 1852, a copy of the recording is
available upon request. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 5, 2019.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–04221 Filed 3–7–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
41st Meeting of the U.S. Coral Reef
Task Force; Public Meeting
Coral Reef Conservation
Program, Office for Coastal
Management, National Ocean Service,
National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce.
ACTION: Notice of Public Meeting, Notice
of Public Comment.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA)
and the U.S. Department of Interior
(DOI) will hold a public meeting of the
41st U.S. Coral Reef Task Force
(USCRTF).
DATES: The public meeting will be held
Thursday, April 4, from 8:30 a.m. to
5:00 p.m. with an opportunity to
provide public comments. Written
comments must be received on or before
March 22, 2019.
For specific the date, time, and
location of the public meeting, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit comments
to the USCRTF by any of the following
methods: Public Meeting and Oral
Comments: A public meeting will be
held in Washington, DC. For the specific
location, see SUPPLEMENTARY
INFORMATION.
Written Comments: Please direct
written comments to Jennifer Koss,
NOAA, USCRTF Steering Committee
Point of Contact, NOAA Coral Reef
Conservation Program, 1305 East-West
Highway, N/OCM, Silver Spring, MD
20910 or via email to Jennifer.Koss@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Koss, NOAA USCRTF Steering
Committee Point of Contact, NOAA
Coral Reef Conservation Program, 1305
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Notices]
[Pages 8508-8510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04198]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Discharge of Oil From the Plains All American Pipeline Line 901
Into the Pacific Ocean Near Santa Barbara County, California, May 19,
2015
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to conduct restoration planning.
-----------------------------------------------------------------------
SUMMARY: On May 19, 2015, Line 901, a 24-inch diameter underground oil
pipeline owned by Plains All-American Pipeline Company (``Plains'')
ruptured, releasing what has been estimated to be at least 2,940
barrels of crude oil. Much of the heavy crude oil flowed into the
Pacific Ocean near Refugio Beach State Park in Santa Barbara County,
California. The oil spread southward and eastward impacting adjoining
shorelines in Santa Barbara county and downcoast.
The discharge affected natural resources in the general area. All
of the foregoing is referred to as the ``Incident.''
Pursuant to section 1006 of the Oil Pollution Act (``OPA''), 33
U.S.C. 2701, et seq., federal and state trustees for natural resources
are authorized to (1) assess natural resource injuries resulting from a
discharge of oil or the substantial threat of a discharge and response
activities, and (2) develop and implement a plan for restoration of
such injured resources. The federal trustees are designated pursuant to
the National Contingency Plan, 40 CFR Section 300.600 and Executive
Order 12777. State trustees for California are designated pursuant to
the National Contingency Plan, 40 CFR Section 300.605 and the
Governor's Designation of State Natural Resource Trustees under the
Comprehensive
[[Page 8509]]
Environmental Response, Compensation and Liability Act of 1980, the Oil
Pollution Act of 1990, and California Health and Safety Code section
25352(c), dated October 5, 2007. The natural resources trustees
(``Trustees'') under OPA for this Incident are the United States
Department of Commerce, acting through the National Oceanic and
Atmospheric Administration (``NOAA''); the United States Department of
the Interior (``DOI''), acting through the U.S. Fish and Wildlife
Service (``FWS''); the California Department of Fish and Wildlife
(``CDFW''); and the California Department of Parks and Recreation
(``CDPR''). The California State Lands Commission (``CSLC'') is
participating as a Trustee for the Incident pursuant to its
jurisdiction under California state law over all state sovereign lands,
including un-granted tidelands and submerged lands. The Regents of the
University of California (``UC'') is participating as a Trustee for the
Incident pursuant to its jurisdiction under California state law over
lands within the Natural Land and Water Reserves System.
Plains is the Responsible Party (``RP'') for this Incident. The
Trustees have coordinated with representatives of the RP on Natural
Resource Damage Assessment (``NRDA'') activities.
The Trustees began the Preassessment Phase of the NRDA in
accordance with 15 CFR 990.40, to determine if they had jurisdiction to
pursue restoration under OPA, and, if so, whether it was appropriate to
do so. During the Preassessment Phase, the Trustees collected and
analyzed the following: (1) Data reasonably expected to be necessary to
make a determination of jurisdiction or a determination to conduct
restoration planning, (2) ephemeral data (i.e., environmental data
collected in the immediate aftermath of the spill), and/or (3)
information needed to design or implement anticipated emergency
restoration and/or assessment activities as part of the Restoration
Planning Phase.
The NRDA Regulations under OPA, 15 CFR part 990 (``NRDA
regulations''), provide that the Trustees are to prepare a Notice of
Intent to Conduct Restoration Planning (Notice) if they determine
certain conditions have been met, and if they decide to quantify the
injuries to natural resources and to develop a restoration plan.
This Notice is to announce, pursuant to 15 CFR 990.44, that the
Trustees, having collected and analyzed data, intend to proceed with
restoration planning actions to address injuries to natural resources
resulting from the Incident. The purpose of this restoration planning
effort is to further evaluate injuries to natural resources and
services and to use that information to determine the need for, type
of, and scale of restoration actions.
Opportunity to comment: Pursuant to 15 CFR 990.14(d), the Trustees
seek public involvement in restoration planning for this Incident
through public review of, and comment on, documents contained in the
Record. The Trustees also intend to seek public comment on a draft
Damage Assessment and Restoration Plan.
Comments should be sent to the following email address:
refugiorestoration@fws.gov.
SUPPLEMENTARY INFORMATION:
Determination of Jurisdiction
The Trustees have made the following findings pursuant to 15 CFR
990.41:
1. The rupture of Line 901 on May 19, 2015, resulted in a discharge
of oil into and upon navigable waters of the United States, including
the Pacific Ocean, as well as adjoining shorelines. Such occurrence
constitutes an ``Incident'' within the meaning of 15 CFR 930.30.
2. The Incident was not permitted pursuant to federal, state, or
local law; was not from a public vessel; and was not from an onshore
facility subject to the Trans-Alaska Pipeline Authority Act, 43 U.S.C.
1651 et seq.
3. Natural resources under the trusteeship of the Trustees have
been injured as a result of the Incident. The crude oil discharged from
Line 901 is harmful to certain aquatic organisms, birds, wildlife, and
vegetation that were exposed to the oil. Accordingly, the discharged
oil and the response activities to address the discharge have had an
adverse effect on the natural resources of the Pacific Ocean and its
adjoining shorelines and impaired the services which those resources
provide. Documents in the Administrative Record contain more
information regarding the specific studies, observations, etc., by
which the Trustees reached this determination.
As a result of the foregoing determinations, the Trustees have
jurisdiction to pursue restoration under the OPA.
Determination To Conduct Restoration Planning
The Trustees have determined, pursuant to 15 CFR 990.42(a), that:
1. Observations and data collected pursuant to 15 CFR 990.43
(including dead and live oiled birds and marine mammals; dead and live
fish and invertebrates exposed to oil; information regarding beaches,
seagrass beds, rocky intertidal habitats, subtidal habitats and other
habitats affected by oil or response activities) demonstrate that
injuries to natural resources have resulted from the Incident.
Immediately following the Incident, the Trustees, in cooperation with
the RPs identified several categories of impacted and potentially
impacted resources, including birds, marine mammals, fish, and
shoreline and subtidal habitats, as well as effects to human use/
recreation resulting from impacts on these natural resources. The
Trustees then began conducting activities, in cooperation with the RPs,
to evaluate injuries and potential injuries within these categories.
More information on these resource categories is available in the
Administrative Record, including information gathered during the
preassessment.
2. Spill response actions did not address all injuries resulting
from the Incident to the extent that restoration would not be
necessary. Although response actions were initiated soon after the
spill, the nature and location of the discharge prevented recovery of
all of the oil and precluded prevention of injuries to some natural
resources. In addition, certain response efforts, such as the removal
of wrack from beaches, caused additional injuries to natural resources.
It is anticipated that injured natural resources will eventually return
to baseline levels (the condition they would have been in had it not
been for the Incident), but interim losses have occurred or have likely
occurred and will continue until a return to baseline is achieved. In
addition, there were lost and diminished human uses of the resources
resulting from the impacts to the natural resources and from spill
response actions.
3. Feasible primary and compensatory restoration actions exist to
address injuries and lost human uses resulting from the Incident. To
conduct restoration planning, the Trustees have compiled a list of
restoration projects that could potentially be implemented to
compensate for interim losses resulting from the incident. The Trustees
have also sought suggestions from the public on potential restoration
projects to compensate for the services and functions provided by
natural resources. In addition, assessment procedures such as Habitat
Equivalency Analysis and Resource Equivalency Analysis are available to
scale the appropriate amount of compensatory restoration required to
offset ecological service losses resulting from this Incident. To
quantify lost human uses resulting from the Incident, the Trustees, in
cooperation with the RP, have gathered data regarding visitor use
[[Page 8510]]
of impacted sites and associated activities. To value those lost uses
the Trustees are using a value to cost approach, employing a Travel
Cost Model, along with Benefits Transfer, for certain human use losses.
The Trustees will work cooperatively with local governmental agencies
and non-governmental organizations to identify a suite of potential
restoration projects according to the relative magnitude of the spill.
It is the goal of the Trustees to select projects spanning the
geographic area of the spill and to address the various types of
activities that were impacted by the spill.
During restoration planning, the Trustees evaluate potential
projects, determine the scale of restoration actions needed to make the
environment and the public whole, and release a draft Damage Assessment
and Restoration Plan for public review and comment.
Based upon information in the Administrative Record and the
foregoing determinations, the Trustees intend to proceed with
restoration planning for this Incident.
Administrative Record
The Trustees have opened an Administrative Record (``Record'') in
compliance with 15 CFR 990.45. The Record will include documents
considered by the Trustees during the preassessment, assessment, and
restoration planning phases of the NRDA performed in connection with
the Incident. The Record will be augmented with additional information
over the course of the NRDA process.
The Administrative Record may be viewed at the following website:
https://www.diver.orr.noaa.gov/web/guest/diver-admin-record?diverWorkspaceSiteId=6104.
Dated: March 1, 2019.
Paul M. Scholz,
Chief Financial Officer/Chief Administrative Officer, National Ocean
Service, National Oceanic and Atmospheric Administration.
[FR Doc. 2019-04198 Filed 3-7-19; 8:45 am]
BILLING CODE 3510-JE-P