Natural Resource Damage Assessment Basics; Applicability to Compacts with FSM and RMI Michael Fry Environmental Contaminants Coordinator U.S. Fish and.

Natural Resource Damage Natural Resource Damage Assessment Basics;Assessment Basics;

Applicability to Compacts withApplicability to Compacts with FSM and RMI FSM and RMI

Michael Fry Environmental Michael Fry Environmental Contaminants CoordinatorContaminants Coordinator

U.S. Fish and Wildlife ServiceU.S. Fish and Wildlife Service

Honolulu, HawaiiHonolulu, Hawaii

Natural Resource Damage AssessmentNatural Resource Damage Assessment

Federal AuthoritiesFederal Authorities Oil Pollution Act of 1990, Section 1006 (b)Oil Pollution Act of 1990, Section 1006 (b)

15 CFR Part 990 (OPA).15 CFR Part 990 (OPA). OPA GoalOPA Goal – Make the environment and the – Make the environment and the

public public wholewhole for injuries to natural for injuries to natural resources and services resulting from an resources and services resulting from an oil release. oil release.

OPA not written into Compacts OPA not written into Compacts

OPA GoalsOPA Goals

Action 1-restore injured resources to Action 1-restore injured resources to baseline (e.g. # dead animals, acres baseline (e.g. # dead animals, acres of wetland, restoration of coral).of wetland, restoration of coral).

Action 2-compensate public for Action 2-compensate public for interim lost services interim lost services

(e.g. # lost days to tourism, loss of food (e.g. # lost days to tourism, loss of food chain source).chain source).

Phases of an Phases of an Natural Resource Damage AssessmentNatural Resource Damage Assessment

An OPA incident has occurredAn OPA incident has occurred

Agency -“Determination of Jurisdiction” Agency -“Determination of Jurisdiction”

No exclusionary criteria applyNo exclusionary criteria apply(e.g. military emergency, public vessel)(e.g. military emergency, public vessel)

Trust Resources of agencies are at risk as a Trust Resources of agencies are at risk as a resultresult

Spill Responders-Gather Initial NRDA DataSpill Responders-Gather Initial NRDA Data

NRDA 3 PhasesNRDA 3 Phases

1.1. Pre-assessment-ephemeral data.Pre-assessment-ephemeral data.

2. Restoration 2. Restoration

A. Injury AssessmentA. Injury Assessment

B. Cost ValuationB. Cost Valuation

C. Restoration PlanningC. Restoration Planning

3. Restoration Implementation3. Restoration Implementation

Identifying Resources at RiskIdentifying Resources at Risk Circumstances of the incidentCircumstances of the incident –location, –location,

condition of the vessel or facility, condition of the vessel or facility, environmental conditionsenvironmental conditions

Characteristics of the dischargeCharacteristics of the discharge – type of – type of product, source, time, duration, and product, source, time, duration, and volume of releasevolume of release

Resources at RiskResources at Risk

Characteristics of the natural resourcesCharacteristics of the natural resources – – species and habitat types, sensitive life species and habitat types, sensitive life stages, unique ecological componentsstages, unique ecological components

Potential for injuryPotential for injury – exposure, pathways, – exposure, pathways, causal mechanisms, and availability of causal mechanisms, and availability of procedures and dataprocedures and data

Potential Data To Be Potential Data To Be Collected During a SpillCollected During a Spill

Injured resourcesInjured resources Response injuriesResponse injuries Lost services Lost services Short-term impactsShort-term impacts Long-term impactsLong-term impacts

Injured ResourcesInjured Resources

Commercial FisheriesCommercial FisheriesOiled birdsOiled birdsLost recreationLost recreationCoral Reef and habitatCoral Reef and habitat

FishFishForage for birdsForage for birds

Response InjuriesResponse Injuries

Added damage to coralAdded damage to coral Introduced Introduced

invasive speciesinvasive species Salvage debrisSalvage debris

ExampleExampleM/V Cape Flattery M/V Cape Flattery GroundingGrounding

Initial grounding scar and broken Initial grounding scar and broken coral heads.coral heads.

Response injury-Response injury-

towing cable destruction towing cable destruction

anchor scaranchor scar

Calculating Damages and Calculating Damages and Funding RestorationFunding Restoration

Responsible Party has obligation to Responsible Party has obligation to compensate the public for injuries, both compensate the public for injuries, both economic and natural resource losses. economic and natural resource losses.

Several methods to value damages:Several methods to value damages:– Economic lossesEconomic losses– Lost use of resourcesLost use of resources– Habitat Equivalency AnalysisHabitat Equivalency Analysis– Costs of restorationCosts of restoration

% S

erv

ices

TimeIncident

Baseline

Quantification of Lost Services

Natural Reco

very

PermanentInjury

Sum of Lost Services

Restoration Action

Funding Restoration with RP Settlement Funds

Calculated RestorationBenefit

Using Settlement to Benefit Natural Resources