Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Restoration Plan/Environmental Assessment #5: Living Coastal and Marine Resources-Marine Mammals and Oysters, 16078-16081 [2020-05725]
Download as PDF
<![CDATA[
16078
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
National Oceanic and Atmospheric
Administration
SUMMARY: Notice is hereby given that a
permit, has been issued to the following
entity under the Marine Mammal
Protection Act (MMPA).
[RTID 0648–XA080]
ADDRESSES:
DEPARTMENT OF COMMERCE
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits.
AGENCY:
The permit and related
documents are available for review
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone:
(301) 427–8401; fax: (301) 713–0376.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman (Permit No. 23577); at
(301) 427–8401.
SUPPLEMENTARY INFORMATION: Notice
was published in the Federal Register
on the date listed below that requests for
a permit had been submitted by the
below-named applicant. To locate the
Federal Register notice that announced
our receipt of the application and a
complete description of the activities, go
to www.federalregister.gov and search
on the permit number provided in Table
1 below.
TABLE 1—ISSUED PERMIT
Permit No.
RIN/RTID
23577 ..................
0648–XR076
Applicant
Previous Federal Register notice
BBC Studios Ltd., Natural History Unit Productions,
Broadcasting House, Whiteladies Road, Bristol,
BS8 2LR, UK, (Responsible Party: Rowan
Crawford).
84 FR 70500; December 23, 2019
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
determination has been made that the
activities proposed are categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Authority: The requested permit has been
issued under the Marine Mammal Protection
Act of 1972, as amended (16 U.S.C. 1361 et
seq.), the regulations governing the taking
and importing of marine mammals (50 CFR
part 216).
Dated: March 16, 2020.
Amy Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
The meeting was to convene
Monday, March 30 through Thursday,
April 2, 2020; 8:30 a.m. until 4 p.m.
DATES:
ADDRESSES:
Council address: Gulf of Mexico
Fishery Management Council, 4107 W.
Spruce Street, Suite 200, Tampa, FL
33607; telephone: (813) 348–1630.
Dr.
Carrie Simmons, Executive Director,
Gulf of Mexico Fishery Management
Council; telephone: (813) 348–1630.
FOR FURTHER INFORMATION CONTACT:
The
meeting notice published on March 6,
2020, (85 FR 13143). Due the COVID–19
pandemic, the meeting has been
cancelled.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2020–05831 Filed 3–19–20; 8:45 am]
Authority: 16 U.S.C. 1801 et seq.
BILLING CODE 3510–22–P
Dated: March 16, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[FR Doc. 2020–05790 Filed 3–19–20; 8:45 am]
BILLING CODE 3510–22–P
[RTID 0648–XA067]
Gulf of Mexico Fishery Management
Council; Public Meeting; Cancellation
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of cancellation of a
public meeting.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
19:01 Mar 19, 2020
Jkt 250001
PO 00000
2/3/2020
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XV179]
Notice of Availability of the Deepwater
Horizon Oil Spill Louisiana Trustee
Implementation Group Draft
Restoration Plan/Environmental
Assessment #5: Living Coastal and
Marine Resources—Marine Mammals
and Oysters
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
SUMMARY: In accordance with the Oil
Pollution Act of 1990 (OPA), the
National Environmental Policy Act
(NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP),1 the
Deepwater Horizon Federal natural
resource trustee agencies for the
Louisiana Trustee Implementation
Group (Louisiana TIG) have prepared a
Draft Restoration Plan/Environmental
Assessment (RP/EA #5): Living Coastal
and Marine Resources—Marine
Mammals and Oysters. The Draft RP/EA
#5 proposes restoration project
1 Consent Decree among Defendant BP
Exploration & Production Inc. (‘‘BPXP’’), the United
States of America, and the States of Alabama,
Florida, Louisiana, Mississippi, and Texas entered
in In re: Oil Spill by the Oil Rig ‘‘Deepwater
Horizon’’ in the Gulf of Mexico, on April 20, 2010,
MDL No. 2179 in the United States District Court
for the Eastern District of Louisiana.
SUMMARY: The Gulf of Mexico Fishery
Management Council (Council) is
cancelling a 4-day meeting.
VerDate Sep<11>2014
Permit or
amendment
issuance date
Frm 00032
Fmt 4703
Sfmt 4703
E:\FR\FM\20MRN1.SGM
20MRN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
alternatives considered by the Louisiana
TIG to restore natural resources and
ecological services injured or lost as a
result of the Deepwater Horizon oil
spill. The Louisiana TIG evaluated these
alternatives under criteria set forth in
the OPA natural resource damage
assessment regulations, and also
evaluated the environmental
consequences of the restoration
alternatives in accordance with NEPA.
The purpose of this notice is to inform
the public of the availability of the Draft
RP/EA #5 and to seek public comments
on the document.
DATES: The Louisiana TIG will consider
public comments received on or before
April 20, 2020.
Public Webinar: The Louisiana TIG
will conduct a public webinar on April
8, 2020 at 4:00 p.m. Central. The public
may register for the webinar at https://
attendee.gotowebinar.com/register/
4511405465865527821. After
registering, participants will receive a
confirmation email with instructions for
joining the public webinar. The webinar
will include a presentation of the Draft
RP/EA #5 and opportunity for public
comment. The presentation slides will
be posted on the web shortly after the
public meeting is completed. Comments
will also be taken through submission
online or through U.S. mail (see
Submitting Comments below).
ADDRESSES: Obtaining Documents: You
may download the Draft RP/EA at:
https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana.
Alternatively, you may request a CD of
the Draft RP/EA #5 (see FOR FURTHER
INFORMATION CONTACT below). Also, you
may view the document at any of the
public facilities listed in Appendix A of
the Draft RP/EA #5.
Submitting Comments: You may
submit comments on the Draft RP/EA #5
by one of the following methods:
• Via the Web: https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana;
• Via U.S. Mail: U.S. Fish and
Wildlife Service, P.O. Box 29649,
Atlanta, GA 30345. Please note that
mailed comments must be postmarked
on or before the comment deadline
given in DATES;
• During the public webinar:
Comments may be provided in writing
online during the webinar. Webinar
information is provided above in DATES.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
VerDate Sep<11>2014
19:01 Mar 19, 2020
Jkt 250001
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric
Administration—Mel Landry, NOAA
Restoration Center, 225–425–0583,
mel.landry@noaa.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile
offshore drilling unit Deepwater
Horizon, which was being used to drill
a well for BP Exploration and
Production, Inc. (BP), in the Macondo
prospect (Mississippi Canyon 252–
MC252), experienced a significant
explosion, fire, and subsequent sinking
in the Gulf of Mexico, resulting in an
unprecedented volume of oil and other
discharges from the rig and from the
wellhead on the seabed. The Deepwater
Horizon oil spill is the largest off shore
oil spill in U.S. history, discharging
millions of barrels of oil over a period
of 87 days. In addition, well over one
million gallons of dispersants were
applied to the waters of the spill area in
an attempt to disperse the spilled oil.
An undetermined amount of natural gas
was also released into the environment
as a result of the spill.
The Deepwater Horizon Federal and
State natural resource trustees (DWH
Trustees) conducted the natural
resource damage assessment (NRDA) for
the Deepwater Horizon oil spill under
OPA (OPA; 33 U.S.C. 2701 et seq.).
Pursuant to OPA, Federal and State
agencies act as trustees on behalf of the
public to assess natural resource injuries
and losses and to determine the actions
required to compensate the public for
those injuries and losses. OPA further
instructs the designated trustees to
develop and implement a plan for the
restoration, rehabilitation, replacement,
or acquisition of the equivalent of the
injured natural resources under their
trusteeship, including the loss of use
and services from those resources from
the time of injury until the time of
restoration to baseline (the resource
quality and conditions that would exist
if the spill had not occurred) is
complete.
The Deepwater Horizon Trustees are:
• U.S. Department of the Interior
(DOI), as represented by the National
Park Service, U.S. Fish and Wildlife
Service, and Bureau of Land
Management;
• National Oceanic and Atmospheric
Administration (NOAA), on behalf of
the U.S. Department of Commerce;
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
16079
• U.S. Department of Agriculture
(USDA);
• U.S. Environmental Protection
Agency (EPA);
• State of Louisiana Coastal
Protection and Restoration Authority,
Oil Spill Coordinator’s Office,
Department of Environmental Quality,
Department of Wildlife and Fisheries,
and Department of Natural Resources;
• State of Mississippi Department of
Environmental Quality;
• State of Alabama Department of
Conservation and Natural Resources and
Geological Survey of Alabama;
• State of Florida Department of
Environmental Protection and Fish and
Wildlife Conservation Commission; and
• State of Texas: Texas Parks and
Wildlife Department, Texas General
Land Office, and Texas Commission on
Environmental Quality.
The Trustees reached and finalized a
settlement of their natural resource
damage claims with BP in an April 4,
2016, Consent Decree approved by the
United States District Court for the
Eastern District of Louisiana. Pursuant
to that Consent Decree, restoration
projects in the Louisiana Restoration
Area are now selected and implemented
by the Louisiana TIG. The Louisiana
TIG is composed of the following
Federal Trustees: NOAA; DOI; EPA; and
USDA.
Background
The Draft RP/EA #5 is being released
in accordance with OPA NRDA
regulations in the Code of Federal
Regulations (CFR) at 15 CFR part 990,
NEPA (42 U.S.C. 4321 et seq.), the
Consent Decree, and the Final PDARP/
PEIS, which provided for an overall goal
of ‘‘Replenish and Protect Living Coastal
Marine Resources.’’ This restoration
planning activity is proceeding in
accordance with the PDARP/PEIS,
which provided for various types of
restoration, including restoration of
marine mammals and oysters.
Information on the Restoration Types
being considered in the Draft RP/EA #5,
as well as the OPA criteria against
which project ideas are being evaluated,
can be viewed in the PDARP/PEIS
(https://
www.gulfspillrestoration.noaa.gov/
restoration-planning/gulf-plan) and in
the Overview of the PDARP/PEIS
(https://
www.gulfspillrestoration.noaa.gov/
restoration-planning/gulf-plan).
For the Draft RP/EA #5, the Louisiana
TIG assembled a list of 193 project
alternatives for the restoration of marine
mammals and 36 project alternatives for
the restoration of oysters. These
alternatives were based on proposals
E:\FR\FM\20MRN1.SGM
20MRN1
16080
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
from the public as well as agencies,
including projects submitted to the
DWH Trustee or Louisiana TIG portals
and projects submitted by individual
state and Federal Trustees, including
projects submitted on behalf of nonTrustee agencies. All alternatives
underwent a step-wise screening
process based on criteria established by
OPA and the Louisiana TIG, whereby
projects that did not meet the criteria
were eliminated, and duplicative
alternatives were combined. This
resulted in two action alternatives for
marine mammals and four action
alternatives for oysters, each of which
are evaluated in the Draft RP/EA #5.
Alternatives that meet the criteria but
are not carried forward as preferred
alternatives may be considered in future
restoration plans.
Overview of the Louisiana TIG Draft
RP/EA #5
The Draft RP/EA considers two action
alternatives for restoration of marine
mammals. The preferred alternative is
entitled, ‘‘Increasing Capacity and
Expanding Partnerships along the
Louisiana Coastline for Marine Mammal
Stranding Response.’’ This project
would enable rapid response to injured
and dead cetaceans in the state and
better understand the causes of
mortality and morbidity by hiring a
Louisiana-based Stranding Coordinator
that will build partnerships and conduct
outreach; and by providing
infrastructure, equipment, and supplies
needed to facilitate stranding response
and improve rehabilitation capabilities.
The project should increase the number
of stranding reports and improve their
quality as a result of timelier responses.
The project would have a 5-year project
life and a cost of $3,955,620.
The non-preferred alternative for
marine mammal restoration is entitled,
‘‘Region-wide Marine Mammal
Conservation Medicine and Health
Program.’’ This project would improve
understanding of Louisiana-specific
risks for illness and death among
cetaceans, and assess and implement
future health intervention techniques by
establishing a working group; providing
regular training sessions and workshops
for the stranding network and
researchers; and developing and
implementing a study plan for live
capture and release health assessments
of free-ranging cetaceans. The project
would have a 5-year project life and a
cost of $6,334,000.
The Draft RP/EA #5 considers four
action alternatives for restoration of
oysters, including three preferred
alternatives. The first is entitled,
‘‘Enhancing Oyster Recovery Using
VerDate Sep<11>2014
19:01 Mar 19, 2020
Jkt 250001
Brood Reefs.’’ A network of spawning
stock oyster reefs would be constructed
in two phases: (1) Two reefs would be
constructed in the Lake Machais/
Mozambique Point area along with two
reefs in the Petit Pass/Bay Boudreaux
area. Each reef would be 10 acres in size
and 1.2 m from bottom; and (2) up to 20
reefs would be constructed in
Chandeleur Sound, with each reef 0.5
acres in size and 0.5–1.2 m from bottom.
All constructed reefs would be closed to
harvest but located near harvesting areas
to promote connectivity. The project
would have a 2-year construction
period, followed by 4 years of
monitoring, with a project cost of
$9,701,447.
The second preferred alternative for
oyster restoration is entitled, ‘‘Cultch
Plant Oyster Restoration Projects.’’ This
project would create oyster reefs at
various sites through placement of
limestone at a planting density of up to
200 tons per acre with harvest closed
until certain performance criteria are
met. There would be a 200-acre site at
Public Oyster Seed Ground (POSG) in
the Grand Banks area of Mississippi
Sound; a 200-acre site at Caillou Lake
Public Oyster Seed Reservation (POSR)
in Terrebonne Parish; and up to 400
acres of clean limestone cultch material
would be constructed at each of four
historic reefs within POSGs in the
Biloxi Marsh Complex in St. Bernard
Parish: Drum Bay, Three Mile Bay,
Karako Bay, and Morgan Harbor. Oyster
reefs could be constructed at other
POSGs or POSRs in the future. The
project would have a 2-year
construction period, followed by 4 years
of monitoring, with a project cost of
$10,070,000.
The third preferred alternative for
oyster restoration is entitled, ‘‘Hatcherybased Oyster Restoration Projects.’’ This
project would provide $5,850,000 in
funding over ten years to support
continued operations at the Michael C.
Voisin Oyster Hatchery in Grand Isle,
Louisiana with spat-on-shell
deployment of hatchery-produced
oysters deployment onto existing shell
substrate in POSGs or POSRs that are
low-producing or in need of
rehabilitation. The hatchery estimates
production of at least 500 million
diploid oyster larvae per year, of which
a minimum of 25 percent would be
dedicated for use in oyster restoration
activities within areas protected from
harvest.
An additional action alternative for
oyster restoration, entitled ‘‘Caillou
Lake Artificial Reef,’’ was also
evaluated. This project would provide
for construction of approximately 21
miles of eight to ten-foot artificial oyster
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
reef (using gabions with limestone or
shell) along the shorelines of Caillou
Lake most susceptible to erosion in
order to replenish oysters and armor the
shoreline. The project would involve
three phases: (1) Construct
approximately seven miles of reef along
the northern end of the central island in
the land bridge; (2) construct another
seven miles consisting of two, two-mile
sections to the east and west of the
Phase I reef and three miles along the
southern shoreline of the central island
in the land bridge; (3) construct
approximately five miles of reef to the
west of the southern, three-mile section
of Phase II, and another two miles of
reef to the east. Intermittent breaks
between reef segments would be
constructed to allow for movement of
aquatic species between the marine
habitat, shoreline, and freshwater
spawning and rearing habitats, and to
prevent entrapment. The project would
involve a 2.5-year construction period,
followed by 4 years of monitoring, with
a project cost of $23,595,000.
The funding proposed for
implementation of oyster restoration
under the trustees’ proposed preferred
alternative represents a commitment of
all remaining available funding for
oyster restoration in the Louisiana
Restoration Area. The programmatic
structure of the proposed oyster cultch
and brood reef projects would allow the
trustees to continue to construct specific
reef sites in the future. In alignment
with the PDARP, the trustees may
propose projects in the future that
benefit oysters through the wetlands,
coastal, and nearshore habitats
restoration allocation.
For both marine mammal restoration
and oysters, the Draft RP/EA #5
evaluates a No Action Alternative,
under which no project would be
constructed and no additional costs
would be incurred at this time.
The Louisiana TIG has examined the
injuries assessed by the DWH Trustees
and evaluated restoration alternatives to
address the injuries. In Draft RP/EA #5,
the Louisiana TIG presents to the public
its draft plan for providing partial
compensation to the public for injured
natural resources and ecological
services in the Louisiana Restoration
Area. The proposed action is intended
to continue the process of using DWH
restoration funding to restore natural
resources injured or lost as a result of
the Deepwater Horizon oil spill.
Additional restoration planning for the
Louisiana Restoration Area will
continue.
E:\FR\FM\20MRN1.SGM
20MRN1
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Notices
Next Steps
The public is encouraged to review
and comment on the Draft RP/EA #5. A
public webinar to facilitate the public
review and comment process, is
scheduled for April 8, 2020. After the
public comment period ends, the
Louisiana TIG will consider and address
comments received before issuing a
Final RP/EA #5. A summary of
comments received and the Louisiana
TIG’s responses and any revisions to the
document, as appropriate, will be
included in the final document.
Administrative Record
The documents comprising the
Administrative Record for the Draft RP/
EA #5 can be viewed electronically at
https://www.doi.gov/deepwaterhorizon/
adminrecord.
Authority
The authority of this action is the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) and its implementing Oil Pollution
Act Natural Resource Damage
Assessment regulations found at 15 CFR
part 990 and the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
Dated: March 13, 2020.
Carrie Selberg,
Director, Office of Habitat Conservation,
National Marine Fisheries Service.
[FR Doc. 2020–05725 Filed 3–19–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XV178]
Notice of Availability of the Deepwater
Horizon Oil Spill Louisiana Trustee
Implementation Group Draft Phase II
Restoration Plan and Environmental
Assessment #3.3: Large-Scale
Barataria Marsh Creation: Upper
Barataria Component
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of availability; request
for comments.
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
SUMMARY: In accordance with the Oil
Pollution Act of 1990 (OPA), the
National Environmental Policy Act
(NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP),1 the
1 Consent Decree among Defendant BP
Exploration & Production Inc. (‘‘BPXP’’), the United
States of America, and the States of Alabama,
VerDate Sep<11>2014
19:01 Mar 19, 2020
Jkt 250001
Deepwater Horizon Federal natural
resource trustee agencies for the
Louisiana Trustee Implementation
Group (Louisiana TIG) have prepared a
Draft Phase II Restoration Plan 3.3 and
Environmental Assessment (Draft RP/
EA #3.3). The Draft RP/EA #3.3
describes and proposes restoration
project alternatives considered by the
Louisiana TIG to restore natural
resources and ecological services
injured or lost as a result of the
Deepwater Horizon oil spill. The
Louisiana TIG evaluated these
alternatives under criteria set forth in
the OPA natural resource damage
assessment regulations, and also
evaluated the environmental
consequences of the restoration
alternatives in accordance with NEPA.
The purpose of this notice is to inform
the public of the availability of the Draft
RP/EA #3.3 and to seek public
comments on the document.
DATES: The Louisiana TIG will consider
public comments received on or before
April 20, 2020.
Public Webinar: The Louisiana TIG
will conduct a public webinar on April
2, 2020 at 4:00 Central. The public may
register for the webinar at https://
attendee.gotowebinar.com/register/
851376447936188428. After registering,
participants will receive a confirmation
email with instructions for joining the
webinar. The webinar will include a
presentation of the Draft RP/EA #3.3
and opportunity for public comment.
The presentation slides will be posted
on the web shortly after the webinar is
completed. Comments will also be taken
through submission online or through
U.S. mail (see Submitting Comments
below).
ADDRESSES: Obtaining Documents: You
may download the Draft RP/EA #3.3 at:
https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana.
Alternatively, you may request a CD of
the Draft RP/EA #3.3 (see FOR FURTHER
INFORMATION CONTACT below). Also, you
may view the document at any of the
public facilities listed in Appendix A of
the Draft RP/EA #3.3.
Submitting Comments: You may
submit comments on the Draft RP/EA
#3.3 by one of the following methods:
• Via the Web: https://
www.gulfspillrestoration.noaa.gov/
restoration-areas/louisiana;
• Via U.S. Mail: U.S. Fish and
Wildlife Service, P.O. Box 29649,
Florida, Louisiana, Mississippi, and Texas entered
in In re: Oil Spill by the Oil Rig ‘‘Deepwater
Horizon’’ in the Gulf of Mexico, on April 20, 2010,
MDL No. 2179 in the United States District Court
for the Eastern District of Louisiana.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
16081
Atlanta, GA 30345. Please note that
mailed comments must be postmarked
on or before the comment deadline of 30
days following publication of this notice
to be considered; or
• During the public webinar:
Comments may be provided in writing
online during the webinar. Webinar
information is provided above in DATES.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric
Administration—Mel Landry, NOAA
Restoration Center, 225–425–0583,
mel.landry@noaa.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile
offshore drilling unit Deepwater
Horizon, which was being used to drill
a well for BP Exploration and
Production, Inc. (BP), in the Macondo
prospect (Mississippi Canyon 252–
MC252), experienced a significant
explosion, fire, and subsequent sinking
in the Gulf of Mexico, resulting in an
unprecedented volume of oil and other
discharges from the rig and from the
wellhead on the seabed. The Deepwater
Horizon oil spill is the largest off shore
oil spill in U.S. history, discharging
millions of barrels of oil over a period
of 87 days. In addition, well over one
million gallons of dispersants were
applied to the waters of the spill area in
an attempt to disperse the spilled oil.
An undetermined amount of natural gas
was also released into the environment
as a result of the spill.
The Deepwater Horizon Federal and
State natural resource trustees (DWH
Trustees) conducted the natural
resource damage assessment (NRDA) for
the Deepwater Horizon oil spill under
OPA (OPA; 33 U.S.C. 2701 et seq.).
Pursuant to OPA, Federal and State
agencies act as trustees on behalf of the
public to assess natural resource injuries
and losses and to determine the actions
required to compensate the public for
those injuries and losses. OPA further
instructs the designated trustees to
develop and implement a plan for the
restoration, rehabilitation, replacement,
or acquisition of the equivalent of the
injured natural resources under their
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16078-16081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05725]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XV179]
Notice of Availability of the Deepwater Horizon Oil Spill
Louisiana Trustee Implementation Group Draft Restoration Plan/
Environmental Assessment #5: Living Coastal and Marine Resources--
Marine Mammals and Oysters
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Oil Pollution Act of 1990 (OPA), the
National Environmental Policy Act (NEPA), and a Consent Decree with BP
Exploration & Production Inc. (BP),\1\ the Deepwater Horizon Federal
natural resource trustee agencies for the Louisiana Trustee
Implementation Group (Louisiana TIG) have prepared a Draft Restoration
Plan/Environmental Assessment (RP/EA #5): Living Coastal and Marine
Resources--Marine Mammals and Oysters. The Draft RP/EA #5 proposes
restoration project
[[Page 16079]]
alternatives considered by the Louisiana TIG to restore natural
resources and ecological services injured or lost as a result of the
Deepwater Horizon oil spill. The Louisiana TIG evaluated these
alternatives under criteria set forth in the OPA natural resource
damage assessment regulations, and also evaluated the environmental
consequences of the restoration alternatives in accordance with NEPA.
The purpose of this notice is to inform the public of the availability
of the Draft RP/EA #5 and to seek public comments on the document.
---------------------------------------------------------------------------
\1\ Consent Decree among Defendant BP Exploration & Production
Inc. (``BPXP''), the United States of America, and the States of
Alabama, Florida, Louisiana, Mississippi, and Texas entered in In
re: Oil Spill by the Oil Rig ``Deepwater Horizon'' in the Gulf of
Mexico, on April 20, 2010, MDL No. 2179 in the United States
District Court for the Eastern District of Louisiana.
DATES: The Louisiana TIG will consider public comments received on or
before April 20, 2020.
Public Webinar: The Louisiana TIG will conduct a public webinar on
April 8, 2020 at 4:00 p.m. Central. The public may register for the
webinar at https://attendee.gotowebinar.com/register/4511405465865527821. After registering, participants will receive a
confirmation email with instructions for joining the public webinar.
The webinar will include a presentation of the Draft RP/EA #5 and
opportunity for public comment. The presentation slides will be posted
on the web shortly after the public meeting is completed. Comments will
also be taken through submission online or through U.S. mail (see
Submitting Comments below).
ADDRESSES: Obtaining Documents: You may download the Draft RP/EA at:
https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana.
Alternatively, you may request a CD of the Draft RP/EA #5 (see FOR
FURTHER INFORMATION CONTACT below). Also, you may view the document at
any of the public facilities listed in Appendix A of the Draft RP/EA
#5.
Submitting Comments: You may submit comments on the Draft RP/EA #5
by one of the following methods:
Via the Web: https://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana;
Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box
29649, Atlanta, GA 30345. Please note that mailed comments must be
postmarked on or before the comment deadline given in DATES;
During the public webinar: Comments may be provided in
writing online during the webinar. Webinar information is provided
above in DATES.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric
Administration--Mel Landry, NOAA Restoration Center, 225-425-0583,
[email protected].
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the mobile offshore drilling unit Deepwater
Horizon, which was being used to drill a well for BP Exploration and
Production, Inc. (BP), in the Macondo prospect (Mississippi Canyon 252-
MC252), experienced a significant explosion, fire, and subsequent
sinking in the Gulf of Mexico, resulting in an unprecedented volume of
oil and other discharges from the rig and from the wellhead on the
seabed. The Deepwater Horizon oil spill is the largest off shore oil
spill in U.S. history, discharging millions of barrels of oil over a
period of 87 days. In addition, well over one million gallons of
dispersants were applied to the waters of the spill area in an attempt
to disperse the spilled oil. An undetermined amount of natural gas was
also released into the environment as a result of the spill.
The Deepwater Horizon Federal and State natural resource trustees
(DWH Trustees) conducted the natural resource damage assessment (NRDA)
for the Deepwater Horizon oil spill under OPA (OPA; 33 U.S.C. 2701 et
seq.). Pursuant to OPA, Federal and State agencies act as trustees on
behalf of the public to assess natural resource injuries and losses and
to determine the actions required to compensate the public for those
injuries and losses. OPA further instructs the designated trustees to
develop and implement a plan for the restoration, rehabilitation,
replacement, or acquisition of the equivalent of the injured natural
resources under their trusteeship, including the loss of use and
services from those resources from the time of injury until the time of
restoration to baseline (the resource quality and conditions that would
exist if the spill had not occurred) is complete.
The Deepwater Horizon Trustees are:
U.S. Department of the Interior (DOI), as represented by
the National Park Service, U.S. Fish and Wildlife Service, and Bureau
of Land Management;
National Oceanic and Atmospheric Administration (NOAA), on
behalf of the U.S. Department of Commerce;
U.S. Department of Agriculture (USDA);
U.S. Environmental Protection Agency (EPA);
State of Louisiana Coastal Protection and Restoration
Authority, Oil Spill Coordinator's Office, Department of Environmental
Quality, Department of Wildlife and Fisheries, and Department of
Natural Resources;
State of Mississippi Department of Environmental Quality;
State of Alabama Department of Conservation and Natural
Resources and Geological Survey of Alabama;
State of Florida Department of Environmental Protection
and Fish and Wildlife Conservation Commission; and
State of Texas: Texas Parks and Wildlife Department, Texas
General Land Office, and Texas Commission on Environmental Quality.
The Trustees reached and finalized a settlement of their natural
resource damage claims with BP in an April 4, 2016, Consent Decree
approved by the United States District Court for the Eastern District
of Louisiana. Pursuant to that Consent Decree, restoration projects in
the Louisiana Restoration Area are now selected and implemented by the
Louisiana TIG. The Louisiana TIG is composed of the following Federal
Trustees: NOAA; DOI; EPA; and USDA.
Background
The Draft RP/EA #5 is being released in accordance with OPA NRDA
regulations in the Code of Federal Regulations (CFR) at 15 CFR part
990, NEPA (42 U.S.C. 4321 et seq.), the Consent Decree, and the Final
PDARP/PEIS, which provided for an overall goal of ``Replenish and
Protect Living Coastal Marine Resources.'' This restoration planning
activity is proceeding in accordance with the PDARP/PEIS, which
provided for various types of restoration, including restoration of
marine mammals and oysters. Information on the Restoration Types being
considered in the Draft RP/EA #5, as well as the OPA criteria against
which project ideas are being evaluated, can be viewed in the PDARP/
PEIS (https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (https://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan).
For the Draft RP/EA #5, the Louisiana TIG assembled a list of 193
project alternatives for the restoration of marine mammals and 36
project alternatives for the restoration of oysters. These alternatives
were based on proposals
[[Page 16080]]
from the public as well as agencies, including projects submitted to
the DWH Trustee or Louisiana TIG portals and projects submitted by
individual state and Federal Trustees, including projects submitted on
behalf of non-Trustee agencies. All alternatives underwent a step-wise
screening process based on criteria established by OPA and the
Louisiana TIG, whereby projects that did not meet the criteria were
eliminated, and duplicative alternatives were combined. This resulted
in two action alternatives for marine mammals and four action
alternatives for oysters, each of which are evaluated in the Draft RP/
EA #5. Alternatives that meet the criteria but are not carried forward
as preferred alternatives may be considered in future restoration
plans.
Overview of the Louisiana TIG Draft RP/EA #5
The Draft RP/EA considers two action alternatives for restoration
of marine mammals. The preferred alternative is entitled, ``Increasing
Capacity and Expanding Partnerships along the Louisiana Coastline for
Marine Mammal Stranding Response.'' This project would enable rapid
response to injured and dead cetaceans in the state and better
understand the causes of mortality and morbidity by hiring a Louisiana-
based Stranding Coordinator that will build partnerships and conduct
outreach; and by providing infrastructure, equipment, and supplies
needed to facilitate stranding response and improve rehabilitation
capabilities. The project should increase the number of stranding
reports and improve their quality as a result of timelier responses.
The project would have a 5-year project life and a cost of $3,955,620.
The non-preferred alternative for marine mammal restoration is
entitled, ``Region-wide Marine Mammal Conservation Medicine and Health
Program.'' This project would improve understanding of Louisiana-
specific risks for illness and death among cetaceans, and assess and
implement future health intervention techniques by establishing a
working group; providing regular training sessions and workshops for
the stranding network and researchers; and developing and implementing
a study plan for live capture and release health assessments of free-
ranging cetaceans. The project would have a 5-year project life and a
cost of $6,334,000.
The Draft RP/EA #5 considers four action alternatives for
restoration of oysters, including three preferred alternatives. The
first is entitled, ``Enhancing Oyster Recovery Using Brood Reefs.'' A
network of spawning stock oyster reefs would be constructed in two
phases: (1) Two reefs would be constructed in the Lake Machais/
Mozambique Point area along with two reefs in the Petit Pass/Bay
Boudreaux area. Each reef would be 10 acres in size and 1.2 m from
bottom; and (2) up to 20 reefs would be constructed in Chandeleur
Sound, with each reef 0.5 acres in size and 0.5-1.2 m from bottom. All
constructed reefs would be closed to harvest but located near
harvesting areas to promote connectivity. The project would have a 2-
year construction period, followed by 4 years of monitoring, with a
project cost of $9,701,447.
The second preferred alternative for oyster restoration is
entitled, ``Cultch Plant Oyster Restoration Projects.'' This project
would create oyster reefs at various sites through placement of
limestone at a planting density of up to 200 tons per acre with harvest
closed until certain performance criteria are met. There would be a
200-acre site at Public Oyster Seed Ground (POSG) in the Grand Banks
area of Mississippi Sound; a 200-acre site at Caillou Lake Public
Oyster Seed Reservation (POSR) in Terrebonne Parish; and up to 400
acres of clean limestone cultch material would be constructed at each
of four historic reefs within POSGs in the Biloxi Marsh Complex in St.
Bernard Parish: Drum Bay, Three Mile Bay, Karako Bay, and Morgan
Harbor. Oyster reefs could be constructed at other POSGs or POSRs in
the future. The project would have a 2-year construction period,
followed by 4 years of monitoring, with a project cost of $10,070,000.
The third preferred alternative for oyster restoration is entitled,
``Hatchery-based Oyster Restoration Projects.'' This project would
provide $5,850,000 in funding over ten years to support continued
operations at the Michael C. Voisin Oyster Hatchery in Grand Isle,
Louisiana with spat-on-shell deployment of hatchery-produced oysters
deployment onto existing shell substrate in POSGs or POSRs that are
low-producing or in need of rehabilitation. The hatchery estimates
production of at least 500 million diploid oyster larvae per year, of
which a minimum of 25 percent would be dedicated for use in oyster
restoration activities within areas protected from harvest.
An additional action alternative for oyster restoration, entitled
``Caillou Lake Artificial Reef,'' was also evaluated. This project
would provide for construction of approximately 21 miles of eight to
ten-foot artificial oyster reef (using gabions with limestone or shell)
along the shorelines of Caillou Lake most susceptible to erosion in
order to replenish oysters and armor the shoreline. The project would
involve three phases: (1) Construct approximately seven miles of reef
along the northern end of the central island in the land bridge; (2)
construct another seven miles consisting of two, two-mile sections to
the east and west of the Phase I reef and three miles along the
southern shoreline of the central island in the land bridge; (3)
construct approximately five miles of reef to the west of the southern,
three-mile section of Phase II, and another two miles of reef to the
east. Intermittent breaks between reef segments would be constructed to
allow for movement of aquatic species between the marine habitat,
shoreline, and freshwater spawning and rearing habitats, and to prevent
entrapment. The project would involve a 2.5-year construction period,
followed by 4 years of monitoring, with a project cost of $23,595,000.
The funding proposed for implementation of oyster restoration under
the trustees' proposed preferred alternative represents a commitment of
all remaining available funding for oyster restoration in the Louisiana
Restoration Area. The programmatic structure of the proposed oyster
cultch and brood reef projects would allow the trustees to continue to
construct specific reef sites in the future. In alignment with the
PDARP, the trustees may propose projects in the future that benefit
oysters through the wetlands, coastal, and nearshore habitats
restoration allocation.
For both marine mammal restoration and oysters, the Draft RP/EA #5
evaluates a No Action Alternative, under which no project would be
constructed and no additional costs would be incurred at this time.
The Louisiana TIG has examined the injuries assessed by the DWH
Trustees and evaluated restoration alternatives to address the
injuries. In Draft RP/EA #5, the Louisiana TIG presents to the public
its draft plan for providing partial compensation to the public for
injured natural resources and ecological services in the Louisiana
Restoration Area. The proposed action is intended to continue the
process of using DWH restoration funding to restore natural resources
injured or lost as a result of the Deepwater Horizon oil spill.
Additional restoration planning for the Louisiana Restoration Area will
continue.
[[Page 16081]]
Next Steps
The public is encouraged to review and comment on the Draft RP/EA
#5. A public webinar to facilitate the public review and comment
process, is scheduled for April 8, 2020. After the public comment
period ends, the Louisiana TIG will consider and address comments
received before issuing a Final RP/EA #5. A summary of comments
received and the Louisiana TIG's responses and any revisions to the
document, as appropriate, will be included in the final document.
Administrative Record
The documents comprising the Administrative Record for the Draft
RP/EA #5 can be viewed electronically at https://www.doi.gov/deepwaterhorizon/adminrecord.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.) and its implementing Oil Pollution Act Natural
Resource Damage Assessment regulations found at 15 CFR part 990 and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Dated: March 13, 2020.
Carrie Selberg,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2020-05725 Filed 3-19-20; 8:45 am]
BILLING CODE 3510-22-P
