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]

Download as PDF 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 VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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: E:\FR\FM\08MRN1.SGM 08MRN1 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 VerDate Sep<11>2014 16:24 Mar 07, 2019 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08MRN1.SGM 08MRN1 8510 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: VerDate Sep<11>2014 16:24 Mar 07, 2019 Jkt 247001 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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: E:\FR\FM\08MRN1.SGM 08MRN1

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