The 1991 State/Federal
   Natural Resource Damage Assessment
          and Restoration Plan
       for the Exxon Valdez Oil Spill

       Volume II: Response to Public Comment
               Appendix D
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                                          VOLUME II

                                         APPENDIX D

                               RESPONSE  TO PUBLIC  COMMENTS
                                   HEADQUARTERS LIBRARY
                                   ENVIRONMENTAL PROTECTION AGENCY
,                                  WASHINGTON, D.C. 20460

                                                                printed on 50% recycled paper

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                        TABLE OF CONTENTS
VOLUME II

INTRODUCTION 	 D-1

General Comments on the Plan 	 D-1

Comments on Marine Mammals Studies - General 	 D-23

Comments on Marine Mammals Studies - Specific 	 D-25

     Marine Mammal Study No. 2 - Killer Whales
     Marine Mammal Study No. 5 - Harbor Seals
     Marine Mammal Study No. 6 - Sea Otter Impacts
     Marine Mammal Study No. 7 - Otter Rehabilitation

Comments on Terrestrial Mammals Studies - General 	 D-39

Comments on Terrestrial Mammals Studies - Specific 	 D-41

     Terrestrial Mammal Study No. 3 - River Otter and Mink
     Terrestrial Mammal Study No. 4 - Brown Bear

Comments on Bird Studies - General	D-47

Comments on Bird Studies - Specific	D-50
     Bird Study No.  1 -
     Bird Study No.  2 -
     Bird Study No.  3 -
     Bird Study No.  4 -
     Bird Study No. 11 -
Beached Birds
Censuses
Seabird Colony Surveys
Bald Eagles
Sea Ducks Feasibility Study No. 5
Comments on Fish/Shellfish Studies - General 	 D-68

     Sublethal and Chronic Effects
     Oiling Levels
     Variable Methodology
     Natural Variability

Comments on Fish/Shellfish Studies - Specific 	 D-76
     Fish/Shellfish Study No.  1 -
     Fish/Shellfish Study No.  2 -
     Fish/Shellfish Study No.  3 -
     Fish/Shellfish Study No.  4 -
     Fish/Shellfish Study No.  5 -

     Fish/Shellfish Study No. 11 -
     Fish/Shellfish Study No. 13 -
     Fish/Shellfish Study No. 15 -
     Fish/Shellfish Study No. 17 -
     Fish/Shellfish Study No. 27 -
          Salmon Spawning
          Egg/Fry
          Wire Tagging
          Early Marine Salmon
          Dolly Varden Char and
          Cutthroat Trout
          Herring Injury
          Clam Injury
          Spot Shrimp Injury
          Rockfish
          Sockeye

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Comments on Fish/Shellfish Studies - Specific (Continued)

     Fish/Shellfish Study No. 28 - Run Reconstruction
     Fish/Shellfish Study No. 30 - Salmon Database Management

Comments on Coastal Habitat Studies	D-110

     Phase I
     Phase II, Part A
     Phase II, Part B

Comments on Air/Water Studies - General  	 D-119

Comments on Air/Water Studies - Specific 	 D-121

     Air/Water Study No. 2 - Subtidal Sediments
     Air/Water Study No. 3 - Geographic and Temporal Distribution
                             of Hydrocarbons
     Air/Water Study No. 6 - Fate and Toxicity of Oil

Comments on Technical Services - General 	 D-137

Comments on Technical Services - Specific 	 D-138

     Technical Services No. 1
     Technical Services No. 3

Comments on Archaeological Resources	D-142

Comments on Economics Studies - General  	 D-145

Comments on Economics Studies - Specific 	 D-148

     Economics Study No. 1 - Commercial Fisheries
     Economics Study No. 4 - Public Land Effects
     Economics Study No. 5 - Recreation
     Economics Study No. 6 - Subsistence
     Economics Study No. 7 - Contingent Valuation
     Economics Study No. 8 - Affected Research
     Economics Study No. 9 - Archaeological Damage

Comments on Restoration Planning - General	D-162

Comments on Restoration Planning - Specific	D-169

     Restoration Technical Support Project No. 1
     Restoration Technical Support Project No. 2
     Restoration Technical Support Project No. 3
     Feasibility Study No. 1
     Feasibility Study No. 2
     Feasibility Study No. 3
     Feasibility Study No. 4
     Feasibility Study No. 5

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GENERAL

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COMMENTS AND RESPONSES  CONCERNING  THE 1990 STATE/FEDERAL NATURAL
RESOURCE DAMAGE ASSESSMENT AND RESTORATION PLAN FOR THE EVOS

The  1990  plan was  made available to  the public for  review and
comment.  Five reviewers  representing industry and environmental
groups  submitted  comments on the plan.   The  reviewers included:
Alyeska  Pipeline  Service  Company   (APSC),  American  Petroleum
Institute (API),  Exxon  Shipping  Company (ESC), National Wildlife
Federation  (NWF),  and Natural Resources  Defense  Council (NRDC).
(Ann  McElroy of  the University of  Massachussets,  Boston  (UM)
submitted  technical  comments  on  behalf  of  the  NRDC  and  is
identified separately in the comments.)  Reviewers  commented on the
overall nature  and  content  of  the  Plan and  provided technical
remarks concerning many of the individual studies.   All comments
were considered by the Trustees during their evaluation  of the 1990
data and the formulation of the current plan.

This  section provides  a  synthesis  of the  comments   and  their
respective  responses.   The comments  and  responses  are organized
into two categories — those dealing with the general nature of the
plan  and those  concerning  a specific category  of   studies  or
individual  studies.     For  the  information  of  the  reader,  the
reviewers are identified with their comments.

Comments concerning individual studies that have been discontinued
or completed are not addressed.


General Comments on the Plan

Comment;   The Trustees failed  to include the  public  in  their
deliberations concerning the studies to be undertaken in 1990.  In
these  deliberations,   federal  budget  priorities  overrode  the
nation's interest in understanding the Exxon Valdez oil spill and
fully restoring PWS.  Consequently,  the likelihood that the United
States will be able to recover the damage assessment costs from the
responsible parties is  diminished since "skimping" on the studies
may make proof of damages legally insufficient.   (NWF)

Response:  Owing to the litigation-sensitive nature of  the damage
assessment process, the Trustees have attempted to solicit public
input in a manner that would not compromise their ability to pursue
damage  claims  in a  judicial  forum.   To the  extent that  public
comments on the 1989 NRDA Plan addressed continuing elements of the
Plan in 1990, those comments were taken into account in formulating
the 1990 Plan.  Given that there has been only minimal  funding by
potentially  responsible parties  for the  conduct of  the  damage
assessment,  the Trustees are legally obligated to work within the
constraints of the federal budget and monies made  available by the
State of Alaska.   The  Trustees are making every effort,  in light of
these budget constraints,  to ensure that the studies that have been
undertaken will  meet the  legal  standards  for  recovery of damage

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assessment costs.
Comment;   The Trustees  have failed  to  include the  potentially
responsible parties (PRP)  in  the assessment process and refused to
provide  either  the  PRP's  or  the  public  with  a  meaningful
opportunity to comment.  This action is contrary to the Clean Water
Act, the Ohio v.  Department of the Interior decision and the NRDA
regulations.   Under the  regulations,  the  PRP's  are  accorded  a
higher degree  of participation than  the  general public.   Their
involvement is necessary to  ensure  the integrity  of the process:
they  can perform  replicate  studies;  oversee study  activities;
obtain and analyze splits of  samples; and perform other validating
activities.  (APS, ESC)

Response;  Under  the NRDA regulations,  the degree of participation
of PRP's in the damage assessment process is within the discretion
of  the  Trustees.    See  43  C.F.R.  §  11.32.   In this  damage
assessment, PRP's  were  given  a  full  opportunity  to  review and
comment upon the damage  assessment  plan.   The assertion that the
Trustees are legally obligated to allow PRP's greater participation
than the public is incorrect.


Comment:   The Trustees  may  not  pick and  choose  from  the NRDA
regulations on an issue-by-issue basis.  (ESC)

Response:  The Trustees  disagree.     The  NRDA  regulations  are
optional, and their use is within the discretion of the Trustees.
See 43 C.F.R.  § 11.10.   There is no requirement  that the Trustees
must choose to employ the regulations on an all-or-nothing basis.


Comment;  Because the assessment  is not consistent with the NRDA
regulations,  the Trustees will  be deprived of the  rebuttable
presumption of validity.  This will undermine the credibility and
enforceability of the final assessment.  (APSC)

Response;   The Trustees  have  not made a  final decision  on the
extent  to which  they  will  apply the NRDA regulations.   Those
aspects  of the  assessment  conducted in  accordance    with the
regulations are entitled to a rebuttable presumption of accuracy.
At the same time, the regulations  recognize that Trustees may need
to  use  innovative  assessment  methods  not  specified  in  the
regulations.   Where such  methods are shown  to be accurate and
valid, their use   enhances the credibility and  enforceability of
the assessment.


Comment:   Failure to  follow the NRDA  regulations  is contrary to
statutory mandate.   The Trustees  do not have the discretion to
waver  from  the   dictates of  these  regulations.    Alternative

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assessment procedures  cannot be used unless  compliance  with the
regulations  would produce  a  clearly  erroneous  result  and  the
alternative procedures  chosen  by  the Trustees are scientifically
and economically valid.  Failure to follow the regulations, which
under CERCLA are  required to be the "best available procedures",
will  result  in   a  determination  that   the   assessment   is
scientifically invalid and legally indefensible.   (APSC)

Response;  This comment is incorrect.  The regulations explicitly
provide  that they  are optional.  See 43  C.F.R.   §  11.10.   The
regulations  recognize  that  the  accuracy  and validity  of  the
assessment may be enhanced by use of methods in addition to those
specified in the regulations.


Comment;  The Plan fails to document the Trustees'  decision not to
allow the PRPs to implement  the damage  assessment plan.   This is
contrary to 43 C.F.R. § 11.32(d).   (ESC)

Response;  The Trustees believe that their decision to conduct the
damage assessment themselves  is adequately documented in the Plan.


Comment;  Failure of  the Trustees to issue the 1990 Plan for public
review  and  comment  until  after  most  of  its studies  had begun
violates 43 C.F.R. § 11.32(c), which provides that the assessment
plan is  to  be made  available  for review for  30  days  before the
performance  of  any  of  the  methodologies  contained in  the  NRDA
regulations.  (APSC)

Response;  In order to conduct an adequate assessment, the Trustees
determined that it was necessary to begin collection of data before
completing  the  public  comment  process.    This  procedure  is
consistent with  43  C.F.R.  §  11.22.  To the  extent possible,  the
Trustees have incorporated public comments into implementation of
the studies.  In  addition, the 1990 Plan  was based upon the 1989
studies, so  comments on the 1989 studies were evaluated by the
Trustees before the  1990 field season.
Comment;   The  1990  Plan did  not allow the  PRPs and  others to
comment on the assessment projects before they were implemented, as
the NRDA regulations  require.  Nor have the  Trustees recognized the
special role  the PRPs  are  given by the regulations in developing
the design  and  scope of the assessment  process,  prior to public
involvement.  This failure  to  cooperate  with PRPs is contrary to
the Department  of the  Interior's position  in its promulgation of
the regulations, the  Department of Justice's position in defending
the regulations and  the  decision in  Ohio v. Department  of the
Interior.   (ESC)

Response;  In order to conduct an adequate assessment, the Trustees

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determined that it was necessary to begin collection of data before
completing  the  public  comment  process.     This  procedure  is
consistent with 43  C.F.R.  § 11.22.  To  the extent  possible,  the
Trustees have incorporated public comments  into implementation of
the studies.   (See previous response.)  Under the NRDA regulations,
the  degree  of participation  of PRP's  in  the damage  assessment
process is within the discretion of the Trustees.  See 43 C.F.R. §
11.32.    In  this  damage  assessment,  PRP's  were  given  a  full
opportunity to review and comment upon the damage assessment plan.


Comment;  The Trustees have violated 43 C.F.R.  § 11.32(a)(2)(iii),
which requires that  the Trustees invite PRP's to participate in the
assessment process and to give them thirty  days to respond before
proceeding with the  development of the assessment plan or any other
assessment actions,  by announcing the availability of the Plan in
September  of  1990,  after  most  of  the  1990 studies  had  been
completed.   (APSC, ESC)

Response; See Response above.


Comment:   Contrary to  the assertions of  the Plan, the  natural
resource  damage  provisions  of  CERCLA  do  not  authorize  the
undertaking of the damage assessment for  the Exxon Valdez oil spill
since  CERCLA expressly  excludes  crude  oil  from  its  coverage.
(APSC)

Response;  While spills of crude oil are not subject to liability
under CERCLA, CERCLA provides the legal  framework for  conducting
natural resource damage assessments under both CERCLA and § 311 of
the Clean Water Act, which does impose liability for oil spills.


Comment;  Contrary to the Plan's assertion that "restoration is a
broad  term,"  restoration  is  defined  precisely  in  decisions
interpreting  the  Clean  Water Act and   the NRDA regulations  as
actions undertaken  to return  an injured  resource  to its baseline
services.  (ESC)

Response;    The  NRDA  regulations,  which  are  optional,  define
restoration  as actions  undertaken to  return injured resources to
their baseline physical, chemical, or  biological properties or the
services they provided.  The 1990 Plan's description  of restoration
is in accordance with this regulatory definition.    See 43 C.F.R.
§ 11.14(11).


Comment;  The Trustees'  sole objective should be restoration of the
area  impacted  by  the spill.  The Plan  therefore  should identify
impacted  resources  in  need  of  restoration   and  develop  cost-
effective methods of carrying out those restoration needs.   The

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Plan's failure to do this is illegal.  (ESC)

Response;  The ultimate  objective  of the Trustees is to restore,
replace, or acquire the equivalent  of the resources injured by the
spill, and the damage assessment is directed toward that objective.


Comment;  The Clean Water Act's provision for assessment of damage
to natural resources  focuses on restoration costs.   It does not
impose liability for natural resources damages apart  from the cost
of restoration or replacement,  so only costs of those measures are
recoverable.     Hence  lost use  and  non-use   values  are  not
compensable.    The  only  relevance of  the  loss  of  use value  of
resources  is in  ensuring  that  in  choosing  among  restoration
alternatives,  the  Trustees   can   evaluate  whether  particular
alternatives  can  be  performed  at a  cost that  is  not  grossly
disproportionate to the use value of  the  resource  and whether they
will be cost-effective.   (APSC)

Response;  In Ohio v. Department  of the  Interior.  880 F.2d 432
(D.C.  Cir.  1989),  the  D.C. Circuit  held  that  natural resource
trustees are  entitled  to recover  lost use and  non-use values  as
well as the costs  of restoration.  That case dealt with the natural
resource damage provisions of both  CERCLA and the  Clean Water Act.
Furthermore,  the  Clean Water Act is  not the sole legal authority
for recovery  of  natural  resource  damages  arising out of  the oil
spill; other authorities provide for  recovery of  lost  use and non-
use values.
Comment;   The  Plan includes economic  studies  designed to assess
damages that are not compensable under the Clean Water Act, such as
those  estimating non-use  losses,  use value  effects,  commercial
fishery losses,  private  damages,  research losses, archaeological
resource  damages,  hypothetical  effects  on  the value  of public
lands, recreation values, subsistence values  and "natural resource
slander."  (APSC)

Response;  See Response to previous comment.


Comment;  The Plan continues to include studies  relating to losses
to the  commercial  fishing and tourism industries,  which  are not
recoverable in the  NRDA process.  Archaeological resources  are man-
made and therefore not covered by the NRDA process.  (ESC)

Response;  Commercial fishing and tourism are services provided by
natural resources,  damage  to  which  is  recoverable in the NRDA
process.   A valuation  of  the   committed  use  of  the  cultural
attributes of natural  resources, as well as,  the  natural components
of cultural sites, is properly within the NRDA process.
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Comment;  There is no authority  in  either  the  Clean Water Act or
the NRDA regulations for inclusion of "natural resource slander" in
a claim  for natural resource damages.   Consideration of  such a
claim in the damage assessment is inappropriate.  (ESC)

Response;  The  services  provided  by  natural   resources  may  be
impaired by the perception  that the  resources have been tainted or
contaminated by an oil spill.  The  determination of whether such
impairment is compensable must be made on a case-by-case basis.


Comment;    The   1990  Plan   contains   no   economic  methodology
determination,  no  resource  recoverability   analysis,   and  no
restoration methodology plan, as required  by 43 C.F.R.  §§ 11.35,
11.73 and 11.82, respectively.  (APSC)

Response;  The regulations provide  that the economic methodology
determination may be postponed.   See 43  C.F.R.  §  11.35(d)  (2).  An
evaluation of resource recoverability is one of  the elements of the
assessment.  The  Trustees, alone with  EGA,  are in the process of
developing  a restoration  planning   process  consistent with the
objectives of 43 C.F.R.  § 11.82.


Comment;  Relevant law requires that the anticipated costs of the
assessment be less than the anticipated damage  amount in order for
the  assessment costs to  be  reasonable.    Many of  the  studies,
notably  those   regarding   Terrestrial  Mammals,   violate  this
requirement.   (ESC)

Response;  The NRDA regulations,  which  are optional, indicate that
the  anticipated  cost of the  assessment should be  less  than the
anticipated amount of damages. See 43 C.F.R. § 11.14(ee).  There is
no requirement that each  individual  element of  the assessment meet
this  test.    Rather,  individual elements  need  only lead  to an
increase in accuracy and precision in the assessment  that outweighs
their costs.   See Id.   The Trustees believe that the assessment
meets these standards.


Comment;  Many specific comments made on the 1989 Plan concerning
alternative  methods of  analysis to be included were met with
blanket responses such as "this was  not feasible" or "this is now
included in  the  study."   Yet the  basis for  these decisions is
unstated.  (UM)

Response;    This  comment  is too   general  to  answer without  a
comprehensive  review of  all comments  on  1989 studies  and the
relevant 1990 studies.    In  some  cases, alternative  methods of
analysis were  considered and  incorporated  into study design.  In
other cases,  even  though  the alternative  method  may  have been
another  appropriate method,  it  was decided  that  the  value of

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retaining multi-year consistency outweighed the benefit in changing
to an alternative method.


Comment:  The studies do not appear to be integrated with respect
to consistency of methods used, habitats  or species sampled, or in
the timely generation of data and summary reports.  (UM)

Response;  Studies  were  designed  and executed by scientists with
expertise in those fields.  Efforts  were  made  to ensure first that
the methods  used were appropriate to meet the objectives of the
study for the resource in question.  There is an ongoing process to
integrate results of different studies.  Data are being generated
on an ongoing basis.


Comment;  Several studies include sediment sampling from the same
areas.  One set of samples should be sufficient.  The uncoordinated
collection of samples from the same  sites may  lead to inconsistent
and conflicting data.  (API)

Response;    We   agree with  this  concern and are  coordinating
submission of samples for analysis.  Sometimes  sediment samples are
analyzed for different factors and multiple samples are necessary.


Comment;  A small number of samples  (10 per study) were submitted
for  the  preliminary  evaluation  of  the  first  year's  work  in
preparation  for  the  1990 plan.    The Plan   indicates  that many
hundreds of additional samples were  submitted  later, but it  is not
known what,  if  any, bearing these  additional samples had on the
1990 work plan.   There is a need for better project coordination,
timely data analysis, report generation,  and  distribution.  (UM)

Response;    Any  problems  created  by  the  limited  amount  of
hydrocarbon analysis data available  during preparation of the 1990
plan have  been  resolved.  Principal  investigators  are receiving
results in a timely and consistent fashion.


Comment;  Although the Plan states that results from 1989 dictated
study efforts in 1990, those results are not  presented.  The 1990
studies  were  more  microscopic  than   those  of  1989  without
identifying the need to intensify  study.  Instead, the  Plan  should
have been broadened to consider the viability of the ecosystem as
a whole.  (ESC)

Response;  Because of potential litigation, 1989 results were not
presented.   The  1990 Plan focused  efforts  on a  number  of areas
where  more  data were  needed,  both  from a "microscopic"  and
ecosystem perspective.
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Comment;   The  1990 damage assessment plan demonstrates  that the
Trustees have not been following the Department of the Interior's
Natural Resource  Damage  Assessment regulations.  The  purpose of
damage assessment  cases,  as shown  in  Ohio v.  Department  of the
Interior, is to restore the environment.  Some 1990 studies aim to
assess low levels of damage, which  is the only impact discernible,
and which will not be useful in the processes of restoration and
rehabilitation.  (API)

Response;    Use   of   the  natural  resource  damage  assessment
regulations is optional.   While the Trustees agree that the goal of
the natural resource  damage assessment process  is to restore the
environment, every effort should be made to identify and quantify
all injuries to natural resources as a result of EVOS.  Quantified
"low levels" of  injury will result in recoverable  damages based
upon use and non-use values.   As indicated in Ohio v.  Department
of the  Interior, recoverable damages include restoration costs plus
use and non-use values of the affected resource.   Meaningful and
responsible  restoration   cannot   be   effected  without   fully
understanding the scope and degree of resource injury.


Comment;  The studies will not determine whether biological changes
were the result of oiling or human intervention.  This evaluation
is  not possible due  to   a  lack of  reliable baseline data,  and
vagueness in definitions  of oiling.  (API)

Response;  Recoverable damages  for injuries  to natural resources
include  both  the  effects of  EVOS and  the  detrimental  "human"
cleanup  activities.    While multi-year  baseline information  on
specific natural  resources  is desirable, it is  not  necessary in
this damage assessment process, where adequate control areas can be
identified.
Comment;   Studies should not  have been  dropped  due to  lack of
evidence  of impacts  early  on in  the NRDA  process.    Lack of
discernible impacts at early stages would not necessarily indicate
that there will be no effects in later years.   Discontinuation of
studies fails to take into account such factors as bioaccumulation
and biomagnification, or genetic and reproductive impacts.  (NRDC)

Response;  Where possible, the delay in detectability of injuries
was  taken  into  account in  determining  which  studies  should
continue.  Certain studies will continue to assess such factors as
bioaccumulation and biomagnification and genetic and reproductive
impacts.


Comment;  Although some studies were discontinued, forty additional
sites will be investigated,  many of which were not affected by the
spill.  The plan  does not explain  the reasons for this increase.

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 (API)

Response;  The forty sites that are referenced are not additional
sample sites, but represent improved sampling sites from the 1989
season for the Coastal Habitat Study.  The total number of coastal
habitat sites selected for  1990 did not increase.   The new sites
were intended to provide for the full array of spatial and habitat
sites to  meet the  study design.   The  sites selected  that were
"unaffected" by oil represent control sites to match the physical
and biological characteristics of the existing inductively selected
oiled sites.   This paired  design  will  be used to determine the
effects of oil or the subsequent beach cleaning activities on the
intertidal ecosystem.


Comment;    The  1990  Plan  fails  to  provide  the  potentially
responsible parties and the public with sufficient information to
evaluate the scientific validity or the cost-effectiveness of the
damage assessment.   (APSC 1, 2, NWF  9)  Although the  1990 Plan
contains greater detail  than the  1989  Plan, it does  not contain
sufficient information to allow meaningful  comment.   (APSC, NWF)
It lacks information concerning:  number and representative nature
of sampling sites;  number and quality of samples  to be collected
and analyzed; description of  methods  for collecting,  preserving,
shipping,  identifying,   preparing,  analyzing,   and reporting  of
samples; and details of the statistical design for interpretation
of results.  This violates the NRDA regulations.   (ESC)

Response;  The objective of the 1990 Plan was to provide adequate
information for reviewers to  understand the  scope and methods of
the assessment.  The Trustees believe the information provided is
sufficient for this purpose.


Comment;  The lack  of detail  in the Plan permits  the Trustees to
avoid publication of the budget cuts affecting the assessment and
risking  potential   recoveries of  damages  from the  potentially
responsible parties.  (NWF)

Response;   See response  to the first  comment in this section.
Further, there  is  no obligation on the part of  the  Trustees to
include within  the  Plan any  statements regarding  increases  or
decreases in budgets affecting the damage assessment.


Comment;  In the 1990 Plan,  the  interrelationships among studies
still is not adequately addressed.   (UM)

Response;  Although not  directly addressed  in  the 1990 Plan, the
Trustees have implemented a  synthesis and integration process that
is providing a clear understanding  of the interrelationships among
studies  and  providing  specific  recommendations  on  how  this

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integration can be  improved.  This  should  be  more evident in the
1991 Plan.


Comment;  43 C.F.R. § 11.22 does not authorize the implementation
of the studies described in the 1989 and 1990 Plans prior to review
and comment.   It does not  contemplate that vast sums  of monies
might be spent to survey injury to all resources possibly affected
by the  spill  or the analysis of  data from such  surveys  or that
injury determination might  be  based upon this work.   It permits
only the preliminary collection of field samples and site visits in
order to preserve data and material that might otherwise be lost.
(ESC)

Response;  The purpose of 43 C.F.R § 11.22 is to allow the Trustees
to obtain data on an expedited basis that might be lost if all of
the procedural requirements of the regulations were followed.  The
provision authorizes collection of perishable data and materials.
The extent of collection is  within the discretion  of the Trustees.


Comment; The  1990 Plan describes 51  studies,  most of  which are
being conducted without first identifying that they are related to
an injury that has been determined pursuant to the regulations (43
C.F.R.  §§  11.61  -.64).    Some  of  the  studies  are designed  to
determine that no damage has been done to  a particular resource.
Other  studies  use non-specific  methods  or  methodologies  for
determining injury, testing, and sampling that do not comply with
the guidance of 43 C.F.R.  §§ 11.62 -.64.  (APSC)

Response;  All studies are directly related to documenting injury
to natural resources as a  result  of the EVOS.   It  is  a standard
scientific procedure to use the null hypothesis as a statement of
the study objective. The most appropriate methodologies were used
for each study.


Comment;  The  Plan improperly combines the injury determination and
injury quantification  phases of the  assessment   process  so that
there are studies attempting to quantify resource  levels for which
no injury has been documented.  This is  contrary to the regulatory
mandates to conduct the assessment at  a  reasonable cost  (43 C.F.R.
§ 11.13(c)) and to quantify only for injuries found in the damage
determination phase (43 C.F.R. § 11.71(a)).   The Plan also  is going
forward  with  damages   determination   before   the   injury  and
quantification  phases  have  been  completed,  in  violation  of  43
C.F.R. §§ 11.81-.84.  (APSC, ESC)

Response:  The Trustees  are unaware of  any  studies  that involve
quantification of  injury  where no  injury  has  been demonstrated.
Damage determination for a particular resource is appropriate where
the  underlying injury information  is  available.   There  is  no

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requirement that damage  determination  with respect to a resource
await completion of  injury determination and quantification with
respect to all other resources.   Furthermore, the Trustees are not
required to avoid collecting data relevant to injury quantification
and damage determination  at the same time that injury determination
data  is  being  collected where  this  is the most  cost-effective
procedure, and relevant data otherwise would be lost.


Comment;    The  Trustees  should  have  performed  a  pre-assessment
injury screening to determine which resources potentially had been
injured by the oil spill.  This would have eliminated many of the
1989 studies.   The Trustees  then should have evaluated 1989 data
before authorizing studies for 1990 and allowed only those studies
to go forward where it had been determined,  in accordance with the
regulations, that injury had in fact occurred and that the studies
would be  necessary to achieving cost-effective restoration.  (APSC)

Response:  The Trustees did conduct a pre-assessment screen before
beginning the  assessment process.  A  copy of  this preassessment
screen was included as Appendix C in the August 1989 State/Federal
Natural Resource Damage  Assessment Plan for the  Exxon Valdez Oil
Spill.  Data collected from  the  1989  studies were evaluated when
determining the studies to go forward in 1990.   Studies that were
not deemed necessary to continue  in 1990 were discontinued.


Comment;    The 1990  Plan does  not use a  proper baseline  for
assessing the difference between  the pre- and post-spill level of
services rendered by  the injured resources:  many studies fail to
take into account natural causes for differences in resource levels
between  and   oiled   and  non-oiled   areas;   fail   to  consider
contamination of resources by sources other than Exxon Valdez oil
spill; ignore historic data showing natural variations in resource
levels; or compare resources at oiled and non-oiled areas without
using the regulatory  criteria (43  C.F.R.  §  11.72)  for selecting
"control" areas.  (APSC)

Response:  Proper baselines, when  available, are used for assessing
differences between pre- and post-spill resource values.  In many
cases baseline data did not exist, in which case treatment (oiled)
and control (unoiled)  data sets were gathered to make comparisons.
Every  effort  is  being  made  to  account  for other sources  of
variation or contamination.    Control  areas were  established in
accordance with regulatory criteria.


Comment;   The 1990 studies do not distinguish between reductions in
baseline services provided by the natural resources and changes in
the  resources themselves.     According   to  the  regulations,
restoration or replacement measures are limited to those necessary
to restore  or  replace the resources  services to  their baseline

                               D-ll

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level.  But the Trustees have not attempted to determine reductions
in baseline  services.   This will  invalidate  the results  of the
assessment.  (APSC)

Response;  By determining injury to resources  it will be possible
to distinguish  between the  reductions  in  baseline  services and
changes in the  resource.   In addition, the regulations indicate
that restoration may  be  achieved by restoring a resource  to its
baseline condition, either in terms  of  services  or  its physical,
chemical, or biological properties.


Comment;  The Plan does not provide the level  of detail specified
by  the   regulations   regarding  the   scientific   and  economic
methodologies used in  the studies,  especially as concerns sampling
and data sharing.  (APSC)

Response;  The  Plan provides that level  of detail  necessary to
apprise  the  public  of  the  damage  assessment  studies  being
undertaken and  the applicable  methodologies.    As  time  allows,
further detail  is  incorporated  into  the  study plans  for  public
review.  The Trustees  disagree  with  the assertion  that there has
been  a regulatory violation;  sufficient   information has  been
provided to allow adequate public review.  In addition, use of the
damage assessment  regulations is optional,  although the Trustees
have acted in a manner consistent with the regulations.


Comment;   No justification  is   given  for  the discontinuance of
studies, including the larval fish injury,  crab injury, and whale
necropsy  studies.   Public comment was  not allowed  prior  to the
Trustees'  decision to drop  these  studies.   This  constitutes  a
significant modification of the assessment plan.   (NRDC)

Response;  Numerous  studies have  been  discontinued or modified;
others remain as originally implemented.    The  damage assessment
process is dynamic  with results being continually evaluated.   If it
is appropriate to modify or discontinue  studies, given the purpose
for which the  studies  were undertaken,   their modification or
termination  is  effected.    Studies  were  evaluated  on  their
likelihood to provide additional data from five perspectives: (1)
immediate  injury,  (2) long-term alteration of  populations, (3)
sublethal or latent effects,  (4) ecosystem-wide  effects,  and (5)
habitat degradation.   The fact  of  modification or termination is
communicated through the next iteration of the Plan.   Regardless of
whether the  termination  of a study or  group of  studies may be a
significant modification of the  Plan,  the public has  been informed
of those terminated studies and has been given the opportunity to
comment on that action.


Comment;   The  Plan  appears  to shift  resources  to restoration

                              D-12

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activities before  an adequate analysis  of the impacts  from the
spill is completed.   (NWF)

Response;   The Trustees  believe that it  is important  to begin
restoration   of   certain  resources  where   there   is  adequate
information  to do  so and  where early  restoration may prevent
further injury.  This policy  will  not interfere with an adequate
analysis of the impacts of the spill.


Comment;    The Trustees  do  not  state  any support  for  their
supposition that the data obtained from studyinq particular species
can be extrapolated to other species.  (NWF)

Response:   Leadinq scientists are  workinq with the  Trustees to
determine when results from studies  of particular resources can be
extrapolated to other species or qroups of species.


Comment;   The Plan does  not  address the adverse  effects  of the
spill on  the interactions amonq different  species  and different
elements of the ecosystem.  It lacks a fully inteqrated ecosystem
study.  Althouqh the  coastal habitat study professes to undertake
this type of  study,  it  is unclear  how this will be accomplished.
(NWF, NRDC)

Response;  An active  and onqoinq study synthesis process has been
instituted to  inteqrate the results of  different  studies.    This
will provide a broader, ecosystem wide understandinq of injuries.


Comment:   The Plan fails to acknowledqe that recovery is takinq
place and  focuses  instead on  microscopic examination of selected
aspects of the affected area.  As a result,  many  of the  studies are
not leqally justified and are  of  little relevance to the Trustees'
restoration  qoals.    There is convincinq  evidence  that fishery
resources are vital and productive, that mature otters and pups are
repopulatinq  areas that  were affected  by  the  spill,  and  that
density and diversity of  bird species are returninq to pre-spill
norms.  These observations should have been  used  to formulate a
restoration-based Plan rather  than embarkinq on a microscopically-
focused set  of studies.   The Trustees should  have  followed the
quidance of the NRDA requlations and commenced intensive scientific
studies only  if observations  from  cleanup  and  natural recovery
warranted them.  (ESC)

Response;  The assessment is  desiqned to provide a comprehensive
analysis of the effects of the oil spill on the environment.  The
analysis of   natural recovery is an  important  component of this
assessment.  On the other hand, the Trustees cannot iqnore injury
to  certain   populations  or  resources   simply   because  other
populations or resources appear to be recoverinq from  the effects

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of  the  spill.    Nor  can  the  Trustees  ignore  continued  toxic
contamination of marine food chains simply because some aspects of
the ecosystem are gradually recovering from the grosser impacts of
the spill.   If the  commenter  wishes to  provide  scientific data
supporting its statements regarding recovery of natural resources,
the Trustees will consider  this data  in conducting the assessment.


Comment;  The Plan contains studies that focus on basic scientific
research, traditional agency studies  or management activities, and
on preparation for litigation.  These are  unnecessary in a process
that is intended to identify and measure cost-effective restoration
requirements (e.g.. salmon run surveys,  humpback and killer whale
censuses, bird and sea lion surveys,  and gathering of recreational
use data).   (ESC)

Response:  The assessment is designed to determine the nature and
extent of injury to natural resources resulting from the spill, and
to provide sufficient information to  develop methods for restoring
injured  resources.    The  assessment  does  not  include  basic
scientific research or traditional management activities.  In some
cases, of course, assessment of the effects of the spill requires
studies similar to those commonly conducted by resource managers,
but beyond the scope of normal agency management activities in an
area  unaffected by an  oil spill.    One  of  the  purposes  of the
assessment is to determine the amount of natural resource damages
in order  to  present a  claim  to  the parties responsible  for the
spill.   Until  the parties responsible for the spill voluntarily
assume  responsibility  for  the  effects  of  the  spill  on  the
environment,  the Trustees  cannot ignore the  need for information
sufficient to support a claim in litigation.


Comment;  The Plan's studies that involve "takes" of birds, otters,
seals, sea lions, mink,  and deer are unjustified given the apparent
health and vitality of these species.  The following studies have
no bearing on restoration requirements:  laboratory research on mink
reproduction and  toxicity  of polar  compounds; radio-tracking of
eagles, bears, and sea  otters; premature  pupping of  sea lions in
areas outside the impacted area; and measurement of insecticides in
peregrine falcon eggs.  (ESC)

Response;  The actual health and  vitality  of birds, otters, seals,
sea lion, mink, and deer cannot be determined without study.  Some
injuries may be sublethal and can only be documented by "take" of
specimens.   All of the  listed  studies  have a direct  bearing on
restoration planning by providing a  more  complete picture of the
total injury, both lethal and sublethal, to the resource.


Comment;  Studies use unnecessarily invasive techniques, including
the killing of animals  from PWS.  (API)

                               D-14

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Response;   Animals were  collected  only after careful  review by
leading scientists and agency experts and the take was in each case
kept to a minimum.


Comment:  The technical programs are aimed at finding  evidence that
some biological parameter is statistically different  between oiled
and non-oiled areas, but there is no indication how  such findings
will relate to restoration or how the differences  can be linked to
the presence of oil.   (API, ESC)

Response;  Each study includes provisions to link documented injury
to oil.  All information on injury is important to enable resource
managers to understand the impact on a resource so  that appropriate
restoration planning can occur.


Comment;  The Plan does not explain how  the  information gained from
the various studies will be used to answer questions about the
relative benefits  of various restoration alternatives.  (ESC)

Response:     The   NRDA  studies  provide  essential  information
concerning the nature and extent of  oil-spill injuries in relation
to  the biology  and ecology of the injured resources.   Before
restoration  alternatives  can   be  adequately evaluated,  it  is
necessary to have an understanding of the degree and  nature of the
injury of the resource.  Once potential restoration implementation
activities  are identified,  they  will  be  evaluated in terms of
technical  feasibility,  environmental  benefit,   cost,   and  other
factors.
Comment;    There   is   no  connection  between  the  restoration
alternatives set forth  in the Plan and the economic work evaluating
the  need  for  restoration and determining  whether any  of these
projects are supportable  in light of natural recovery.   (ESC)

Response;   An integral  component  of  the restoration  planning
process is to determine the nature and pace  of natural recovery of
injured resources, and identify where direct restoration measures
may  be  appropriate.   All  proposed  restoration  alternatives will
undergo economic and environmental  analyses to determine whether
these projects are justified in light of natural recovery.


Comment:   Restoration  studies are  only necessary  if  technical
studies show that a resource will  be adversely affected for a long
period  of  time.   Restoration studies  that are being  conducted
before the results of the assessment studies are available assumes
that  all  resources are   injured  and  will require  restoration
measures.  While this approach may shorten  implementation time of
restoration once the damage assessment process is over, it unwisely

                               D-15

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expends resources for feasibility studies and literature searches
concerning  resources that  are  later determined  not  to  require
active restoration measures.  (ESC)

Response;  The Trustees disagree that restoration studies are only
necessary  if  a resource  will be  adversely  affected  for  a long
period of  time.   Restoration studies may concern any degree of
injury to  a natural  resource in  order  to determine  whether to
enhance natural recovery.  During the course of the NRDA studies,
where the nature of  the resource  injury  is reasonably clear, and
where no alternatives would be foreclosed, it may be desirable to
begin implementation of certain restoration activities prior to the
conclusion of the NRDA studies and a final restoration plan.


Comment;    The  Trustees are  responsible  for  selecting a cost-
effective restoration program; the public's participation in this
process  is unproductive since  the  public  does  not have  any
independent knowledge about  injuries or restoration needs.  Public
meetings  held  to  develop   lists   of  restoration  ideas  create
expectations  in  the  public  that  are not justifiable  given the
actual  state   of  the  environment.   The restoration project's
emphasis  on public  involvement  is contrary  to the regulatory
requirements  since  it  is  not  cost-effective  and distracts the
Trustees from focusing  on  the technical information  needed to
identify whether specific restoration measures are needed.    (ESC)

Response;  The Trustees  believe  that  public  involvement   is  an
important part of the restoration process.  The commenter's desire
to increase the influence of responsible parties while excluding
the  public is  inconsistent with  the goals  of the  restoration
process.


Comment:   The  Plan fails to take into account that oil  exposure may
have affected  various species from sources other than the Exxon
Valdez oil  spill,  such  as  those  of  biogenic  (plant  waxes)  and
petrogenic (shoreline oil seeps) as well  as human (vessel traffic)
origins.   (ESC)

Response;   If there is  any  indication that the  hydrocarbon
contamination in the  spill  area was caused by sources other than
the oil spill,  the assessment will address this issue.  Hydrocarbon
analysis is designed to differentiate between different sources of
hydrocarbon exposure.


Comment;   Many of the studies in the Plan violate the requirement
that the  anticipated costs  of  the assessment be less  than the
anticipated damage amount in order for the assessment  costs to be
reasonable.  (ESC)
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Response;  As noted above, the Trustees believe that the studies in
the  assessment  plan  are  consistent  with  the reasonable  cost
requirement in the NRDA regulations.


Comment;   The Plan  does  not make clear  that sampling programs,
especially  those in the  Fish/Shellfish  and  Terrestrial Mammals
studies,  will  produce information  necessary  to  prove that  a
statistically  significant  portion  of the   expected  biological
variability is a function of hydrocarbon  contamination as opposed
to other natural factors.  (ESC)

Response;    These  studies  are  designed to  compare  different
parameters in oiled  and unoiled areas and to measure exposure and
injury from hydrocarbons.


Comment:    In  general the  1990  Plan  still  does not  provide
sufficient detail on statistical design to ensure that the studies
will produce unbiased data for use in modelling efforts.  (ESC)

Response;  Sufficient information is provided in the 1990 Plan to
facilitate an understanding of methodology and statistical testing.
Modelling is not being considered for all studies.


Comment:  The normal histology of most of the  species being studied
is  not known.    Sufficient  information  will  not  be gained  by
examining a few  control specimens.   Thus, a  determination that a
particular condition is abnormal  and linking this abnormality to
the spill will be difficult, if possible  at all.   (ESC)

Response;   Histology  samples  are  being  interpreted  by leading
experts and are based, where possible, on known normal histology,
for example, for sea otters.  Proper precautions are being taken to
ensure accurate interpretation of histology samples.


Comment;  Many  of the 1990 studies  rely  on  non-specific or non-
standard indicators  to correlate evidence of hydrocarbon exposure
to presume  population impacts,  which will  not bear technically
conclusive results.  (ESC)

Response;  This comment is difficult to respond to  because it does
not   specify   what   indicators  are   considered  non-standard.
Generally, the techniques,  analyses, and selected indicators in the
studies are well  documented  in the literature and scientifically
sound.  In  one  study  (brown bears),  a well  accepted hydrocarbon
analysis is used,  but  applied  to a sample (fecal) not previously
tested.   In no  event  do  studies  attempt to  jump directly from
hydrocarbon exposure to population impacts.
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Comment;   The  criteria  for  determining  oil-induced  lesions  in
invertebrates and fish were developed for the Amoco Cadiz spill and
may not be applicable to PWS species.  (ESC)

Response;  It is appropriate to use information in the literature
to assist  in measuring injury, including oil-induced  lesions  in
invertebrates and fish.  Any differences in these lesions between
those impacted by the Amoco Cadiz  oil  spill and the EVOS will be
evaluated as a part of the injury assessment efforts.


Comment: The Plan inadequately documents the ecological similarity
of control sites and test sites.   (ESC)

Response;  Every effort was made to select control sites that are
ecologically similar to test  sites;  the Plan  generally describes
this process.


Comment; Many studies are designed to show that there is no damage
to the  subject resource(s).    Such studies  should  not  have been
included in the Plan given the probability that  no damages will be
uncovered.    Their inclusion  violates  43  C.F.R. §§  ll.23(b)  and
11.61(e)(3).   (ESC)

Response;  The null hypothesis  identified in many of  the studies is
a  well  established,  objective starting   point  for  scientific
evaluation.  Other hypotheses  could have served  equally well.  The
Trustees disagree there  has  been  a  violation  of the  natural
resource damage assessment regulations.


Comment;   The  Trustee  Council did not issue  study  plans for the
1989 and  1990 assessments  far enough  in  advance  of  the public
comment deadlines making the comment process meaningless.   (NRDC,
NWF,  API)

Response;  The Trustees have extended the deadlines for response to
public comment in both years  and  received extensive and detailed
comments on both plans.  Comments on the 1989 and 1990 Plans have
been taken into consideration in  subsequent development  of the
study plans.   The  Trustees  have  made extraordinary  efforts  to
ensure publication of the 1991 Plan  earlier in the  year and will
consider public comments received thereon prior  to commencement of
the 1991 studies.    Comments  concerning ongoing studies  will  be
considered as well.


Comment;    As public  comment has  not  been  allowed prior  to
commencement of the  studies,  it has been difficult for responsible
parties to call duplicative studies to the  attention of the State
or the Trustees.  (API)

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Response;  The  Trustees  are endeavoring to avoid any unnecessary
duplication  of  efforts in the  joint  State/Federal science study
plans and  have  taken into account comments on  the 1989 and 1990
plans.


Comment:  Release of the Plan constituted a "major  federal action"
for  which  an environmental  impact  statement  was  required  to be
done.  Even assuming, however, that the Trustees are taking steps
that are the "functional equivalent" of an EIS, their "after-the-
fact" publication of the  studies does not meet  the NEPA requirement
that there be procedural standards  for thorough consideration of
the issues and judicial review.  (NWF)

Response:  The Trustees do not believe that NEPA is applicable to
the damage assessment and restoration  planning processes, but they
will consider its applicability to future restoration projects on
a project-by-project basis.


Comment;  Repeated comments citing the need for  an  on-going review
process  were met with  blanket statements indicating  review was
being done.   However, this  review  process was never adequately
described.   If  the Trustees had the  Plan adequately reviewed by
outside experts, these experts should be named and their comments
made  public.    There is  no guarantee  that  these  comments were
adequately addressed in the  new Plan unless full disclosure is
made.  In response to comments on the 1989 Plan suggesting that the
names of investigators involved in the damage  assessment would aid
in determining the adequacy of the plan, the Trustees stated that
names are not necessary for evaluation of the study.  Yet in most
grant and contract evaluation processes,  the "track record" of the
investigator is taken into account.   Particularly here, where few
details  of  the  actual  investigations  are  given,  naming  the
scientists   involved  would  provide   information  valuable  to
assessment of the adequacy of the study.   (UM)

Response;   Given the  litigation-sensitive nature of  the damage
assessment,  the  Trustees are  not  making public the  internal
workings of the process  they have chosen for  independent review.
For the same reason it is not appropriate to make known the names
or comments of those undertaking such review.  The Trustees have
taken into account  "the track record",  i.e.. the  professional
qualifications,   of  these persons  in  selecting  them for  this
process.


Comment;   Without access  to the results from the  first year's
studies and an independent review of the Plan, it is impossible to
assess  the  propriety  of  the  Trustees'  decisions  respecting
(dis)continuation of each study.  (API, UM, NRDC)
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Response:  To date the Trustees have opted not to release results
of the studies undertaken in the damage assessment process owing to
the litigation-sensitive nature of those results.  As indicated in
the 1990 Plan, the Trustees have  attempted  to formulate a method
for mutual  release  of their data with those of  the  potentially
responsible parties  into  a public repository.  The Trustees are
also  preparing  a protocol  for review of scientific  information
before release to the public.


Comment;  On page 336 of the Plan the Trustees  state that a summary
document on results of the first year's study was to be ready for
public distribution in July, 1990.   Yet the status  of efforts to
make  this  information available  to  the  concerned public  is not
known.  (UM)

Response:   The  document  referred  to concerned Phase  I  of the
literature review undertaken by the Restoration Planning Work Group
to  identify references relevant  to  restoration.   The  Progress
Report "scheduled for public distribution in July 1990" was issued
by that group in August of 1990.


Comment;  Since the discussions with Exxon regarding the deposition
of data into a public repository have yielded no visible results,
the Trustees  should  make  their   data  available to  the  public
immediately.  (NWF, UM, NRDC)   The regulations  do not permit the
Trustees  to  condition  their   release of  data  into  a  public
repository on similar  commitments by the  potentially  responsible
parties.  (APSC)

Response;  Because the data acquired by both  the Trustees and Exxon
are litigation-sensitive, these parties have endeavored to arrive
at a mutual agreement for  release of data to  the  public.   In the
event that  this  effort is not  successful,  the  federal  and state
governments will consider making public the results  of  damage
assessment studies once the quality of the data has  been assured,
the   results  have   been  scientifically   reviewed,   and  legal
considerations are taken into  account.  The regulations leave to
the discretion   of  the Trustees  the  manner  in  which data are
shared/released and the timetable for the same.


Comment;  The  NRDA regulations require that the Trustees release to
the   potentially responsible   parties  all  data  results  and
documentation from the 1989 and 1990 studies.  Without these data,
the public  cannot assess the propriety of modifying a particular
study or initiating a  new  one.   Nor can the scientific community
peer review the Plan.  (APSC)

Response;   The  Trustees  are  not  required  to  follow the NRDA
regulations in performing this damage assessment, but are acting in

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consonance  with the  regulations.   The  regulations permit  the
Trustees to  exercise their discretion  insofar as the  manner by
which data  and results are released  and the  schedule  for their
release are concerned.  43 C.F.R. § 11.3l(a)(4).


Comment;  The Trustees' failure to make public the results of the
scientific studies is a breach  of the  public trust.   It prevents
the scientific community from understanding the implications of the
spill for future cleanup efforts and from having the most current
information about the  interaction of oil with arctic waters and
ecosystems.  This impedes scientists' ability to advise the state
of Alaska  as  it is  considering oil and  gas exploration issues.
(NWF)

Response;   The Trustees disagree.   The timeline  for release of
results from  the  damage  assessment studies  is dictated in large
measure  by  professional  scientific  practices  and  litigation
concerns.  There is  no obligation to have  these data available for
public  review by any particular  date or  for consideration  in
resolving any particular political issues.


Comment;  Studies being conducted by the  State of Alaska and the
federal Trustees are similar and in some cases the  same.  The lack
of  coordination between  the  State of Alaska and   the  federal
Trustees may result  in a doubling of assessment costs  and damages.
Double  recovery  of  such  costs   is   statutorily   prohibited.
Differences between  the  Trustees  should  be  resolved before the
commencement of unnecessary studies.  (API)

Response;   The state and federal  governments are conducting the
damage assessment jointly.   There is full  coordination between the
two, and the  Trustees have made  efforts  to  avoid duplication of
studies in approving the damage assessment studies.


Comment;   The Trustees provided  insufficient explanation in the
Plan  for their  budgetary  cutbacks and  curtailment of  certain
studies as well as their decision not to implement  certain studies
proposed by  the public.    The  deleted  studies were  necessary to
performing a complete evaluation of damage assessment, and studies
not initiated  were necessary to form a comprehensive restoration
plan.  (NWF)  Without explanations for discontinuation of studies
undertaken in  1989,  the  public is  constrained in its ability to
comment on these decisions.  (NWF)

Response:  The Trustees have made every effort to ensure that the
requisite budgets are  available for studies necessary  to assess
damage from the EVOS.   They are  obligated, however, to conduct the
assessment within budgetary constraints and have acted in a manner
consistent with  the NRDA  regulations  so  as to achieve  a cost-

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effective  assessment.   To the  extent that these  standards have
required discontinuation of certain studies or non-implementation
of others, the Trustees believe they have acted reasonably.


Comment;   There  is no  commitment  beyond  the  1990 field season to
carry out  studies  to assess long-term damage.   The  Trustees are
obligated  to conduct  such  studies.   All scientists  consulted
believe  several  years of  studies are needed to  understand the
impacts of the spill  on the marine ecosystem.  As the plan states,
the effects may not become evident for three to four or more years.
The  Trustees should make clear  their  commitment to  long-term
studies.   (NRDC,  UM)

Response;   Many factors  affect  the  determination whether,  and
which, studies will  be continued beyond the publication  of the
damage assessment plan each  year.  The absence of any commitment
within the 1990  Plan to extend  the damage assessment beyond that
year's field season does not connote the end of scientific study.
In fact, the Trustees,  concurrent with this Response to Comments,
are  publishing  the  1991  Plan.    The Trustees  will continue  to
consider the recommendations from the scientists working on their
behalf regarding continuation of the assessment process.  They are
mindful that some damage may not  be known for many years;  to the
extent that resources are available to them for that purpose, the
Trustees will continue  scientific  study of the oil spill's impacts
on the ecosystem.


Comment;  Many of the  resources that  are the  subject of the 1990
Plan  either  are  recovering  rapidly  through  natural recovery  or
exhibit  no injury,   and  additional  study  of  these resources  is
neither cost-effective nor necessary and violates the regulations.
(APSC)

Response;  The Trustees do not agree.  There may be some resources
for which natural recovery  is the best restoration option, but this
conclusion  is not  necessarily applicable  to  all the  affected
resources.   In some  instances,  appearances of recovery may belie
long-term and sublethal impacts to the ecosystem's resources.


Comment:   The Trustees  have no  authority to conduct  a  damage
assessment under any statutes other than the Clean Water Act.
(ESC)

Response:  The Clean Water Act  (CWA)  and other state and federal
authorities provide the basis for a natural resource damages claim.
The   Comprehensive   Environmental Response,   Compensation,  and
Liability  Act  (CERCLA)  establishes  the  procedural framework for
conducting the damage assessment under section 311 of the CWA.


                              D-22

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MARINE MAMMALS

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Comments on Marine Mammals Studies - General

Comment;  Data collected for whale, seal, and sea lion studies is
not from impacted areas.  (API)

Response:  In some cases the location of study sites is outside the
spill zone.  Those sites were chosen because the species of concern
tends to concentrate at that site  and has a broad geographic range
that  includes the spill  zone.    Also,  historical data  is  often
available from these locations, which allows pre- versus post-spill
comparisons.


Comment:   Several of  the marine mammals studies  rely  on new and
unproven  methods  for  injury  detection,   including  capture  of
animals, surgical procedures,  and implantation  of radio devices.
These  methods  may   cause   additional  stress  or   mortality.
Justification  for such activities is  lacking.   Reliance on these
techniques will produce poorly formed conclusions that associate
low-level  hydrocarbon exposures to observed  biological effects.
This is true  of the cetacean distribution  data  being gathered in
Marine Mammals 1,  the  reproductive data gathered in Marine Mammals
4  and 5,  and the  sublethal  data concerning  sea  otters  being
obtained in Marine Mammals 6.   (API, ESC)

Response:  Methods being used are  all well established techniques.
In  some  cases,  however,  they are  being  applied  in new  and
innovative ways.  These  applications  are carefully  considered by
contracted experts and are expected to  yield reliable conclusions.


Comment;  Significant  impacts on marine mammals such as drift net
mortality are  ignored  in these  studies.  (ESC)

Response;  All significant sources of mortality are considered in
design of the  studies.


Comment;   The  sublethal  or  chronic endpoints proposed  for use as
indicators of hydrocarbon exposure are non-specific at best.  Any
observed changes could be correlated with a  number of sources such
as diesel fuel or hydraulic oil spills, and not necessarily EVOS.
In addition, the endpoints are subject to a  high degree of natural
variability such as nutrition, sex, and non-specific stress.  (ESC)

Response: In most cases sublethal and chronic endpoints are quite
specific.  They are  significant changes in populations as a result
of impacts on  survival or reproduction.  All studies are designed
to deal with natural  variation and oil contamination  from other
sources.
                               D-23

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Comment;   The  intensity  of the  Trustees' efforts  to meet  the
objectives of Marine Mammals 1, 2, 4, 5,  and 6 is neither warranted
nor cost-effective  since it is unlikely that  population impacts,
other  than  those  on  sea  otters,  will  be  found  because  of
deficiencies in baseline data and natural variations in population
parameters being evaluated.  Even with respect to Marine Mammals 7,
literature suggests that sea otters have a remarkably rapid rate of
natural recovery.   (API, ESC)

Response;  Efforts  on marine mammals  are both  warranted and cost
effective because impacts are likely and studies are well designed.
Marine mammals  are  a highly valued resource.   All these  species
were potentially exposed to hydrocarbon contamination.  Significant
historical  data  is  available for  comparison,  and  studies  are
designed to  deal with natural variation.   Sea otters  have never
been studied following an oil spill the size of the EVOS, therefore
the rate of natural recovery is still unknown.


Comment;   The design and  application of  statistical  models  for
testing effects are vague.  It is not clear  how  EVOS effects are to
be estimated  in many of the marine mammal  studies.    For marine
mammals that are especially mobile,  the field  sample observations
cannot  distinguish  effects  of  oiling,   location,  and  timing.
Therefore it will not be possible to  tell whether any statistically
significant effect was EVOS-induced.  (ESC)

Response:  Study plans provide sufficient detail to evaluate design
and application  of  statistical models.   For additional detail on
methods, references are listed.


Comment;  Historical population trends and estimates of variability
are largely unavailable for the parameters being measured in the
Marine Mammals studies: humpback whale distribution  (Marine Mammals
1) ,  killer  whale  natality  and  mortality (Marine  Mammals  2) ,
pathological examination of pinnipeds and otters (Marine Mammals 4,
5, and 6)  and population sex/age  structure of  sea otters  (Marine
Mammals  6) .   The lack  of  adeguate pre-spill  baseline data will
severely   limit   the Trustees'   ability  to   detect  post-spill
differences,  and attributing measurable differences  to the spill
will not be technically possible.   (ESC)

Response;  All desirable historical data is not available for all
studies.   However,  this will  not preclude detection  of  injury.
Comparative data is being developed  in control  areas over a period
of several years.


Comment;   Whale,  seal,  and sea  lion  studies  are not  based on
sufficient evidence  of  the  presence of  injury.  Expenditures are

                               D-24

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not justifiable.   (API, ESC)

Response;  Indications of potential injury among these species are
sufficient to justify these studies.


Comment;  The location, timing, and level of oiling are important
variables in  all  of the studies,  yet  the criteria for selecting
study sites are not given in the Plan.  (ESC)

Response;   Selection of study  sites  was  based upon  one  or more
sources of oiling  information which included observations of: oil
at NRDA study sites, oil on water, and shoreline oiling.


         on Marine Mammals Studies - Specific

Marine Mammal Study No. 2 - Killer Whales

Comment; Marine Mammals 2 will provide data  that may be useful for
long-term goals of managing PWS,  but  are  not directly related to
oil  spill  impacts,  e.g..  distribution data for  killer  whales.
(ESC)

Response;   The focus  of  the study  is to  determine  injuries to
whales  in  PWS.    We agree that  some  useful collateral  data may
result from this  study  that is  not directly related to oil spill
impacts.  However, these data  are expected to address injuries and
may be useful in determining restoration activities.


Comment; Marine  Mammals 2  lacks  evidence of exposure  of killer
whales to oil, and  it is unlikely that an exposure pathway can be
established given  the rapid return of Prince William Sound waters
to  background  levels  of  oil  and   the  lack  of  substantive
contamination of fish or other prey species.  (ESC)

Response;  Cetaceans  were observed in PWS  on the  day of the oil
spill.   Killer  whales  were  observed swimming  in  oil  slicks.
Investigations are taking place  regarding  the effect  of direct
contact of oil to  cetacean skin/eyes, inhalation, and ingestion.


Comment; Marine Mammals 2 is  designed to show  that killer whale
mortality rates have not changed since the spill, i.e., that there
has been no damage to this species. This  type of study should not
be included in a damage assessment.   (ESC)

Response;  The  null hypothesis is  a  well established scientific
procedure  for conducting studies.    This  comment  restates  an
objective.   Changes in mortality  rates may be a  finding of the

                               D-25

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study.


Comment;   The  quantification of field search efforts  for killer
whales is not clear.  (ESC)

Response;  Within the limits of weather,  the field crews search for
whales daily during the field season.  The amount of data collected
will determine the adequacy of statistical comparisons/analyses.


Comment;   This  study  will  not achieve  its objectives  because
historical killer whale movements and population dynamics are too
poorly understood for meaningful comparisons with post-spill data.
Also, the normal distribution pattern for killer whales in PWS has
not been established.   (ESC)

Response;  The study does consider and has access to all existing
historical information for PWS killer whales.  Population dynamics,
including distributional patterns,  are well known for several pods
of killer whales in PWS.
Comment;    Collection  of data  only  from PWS  makes this  study
technically deficient.   (ESC)

Response;  Studies were also conducted in  S.E. Alaska.  Also, over
20 years of killer whale research on the west coast are available
to establish pod behavior and population dynamics.


Comment;   The assumption that the absence of a killer whale for one
year indicates its mortality has  not  been established as a valid
one.  (ESC)

Response;  Based on over 20  years  of research, scientists who work
with killer  whales  agree  that if  an animal  is missing  from a
resident pod for over a year, it is dead.


Comment;    Sampling locations are inadequately  described only as
areas "known for whale concentrations."   (ESC)

Response;   Known whale  concentration areas are surveyed first.
However,   researchers  routinely  search  all areas  within  PWS.
Reports  are  also available  from  the  sighting  network throughout
PWS.


Comment;   The Plan does  not  indicate whether data concerning age,
sex, or  activity will be gathered other than through photographs.

                               D-26

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Disturbance  and  harassment  created  in  the  efforts  to  take
photographs may bias results.  (ESC)

Response;   The  age  of  whales   (other  than  calves)  cannot  be
determined from field observations and subadult males and females
appear the same.  Females  can be identified if they are with a calf
and adult males can be identified by the large size of their dorsal
fin.
Comment;  The change in methodology resulting from the addition of
the non-professional sighting network will make comparison of the
1990 data to that of previous surveys of questionable value.  (ESC)

Response;  There is no change in methodology between  1989 and 1990.
A sighting network was in place during the  1989 season.  Dedicated
effort is similar between both years.


Comment;  Analytical methods  are  not well-described:  there is no
definition   of  "pod  integrity"   or   any description   of  how
distribution  data  will  be analyzed;  the  numbers  and types  of
analyses are not given and QA/QC issues are not addressed; and the
methods  for  determining  mortality  and natality  rates   are  not
included.   (ESC)

Response;  Analytical methods are  described in the text.  We state
specifically   that  distributional   data  will   be   evaluated
subjectively.  Mortality is based  on the number of missing animals
from  resident pods  over a  two  year period  and  the number  of
stranded animals found on the beach.  Natality rates are based on
the number  of new  calves observed  with  their mothers for each
season.
Comment;  Objectives A,  B,  and D appear to depend on probabilities
of whales  sightings being constant  over the whole  survey route
when, in reality,  such  probabilities are highly variable because
they depend on environmental factors such as bathymetry and local
prey densities.  (ESC)

Response;   The survey  design does  not  rely on  sightings being
consistent over any particular area.  When whale sightings occur,
all environmental factors are recorded and these observations are
considered during analysis.


Comment;  It is unlikely that the results of this study can be used
to link  any measurable  impact on killer  whales with  the spill
because:  1) the study implies that any change from the pre-spill
conditions  represents spill  damage  whereas  other  environmental

                               D-27

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factors such as fishery conflicts are not being examined; 2) killer
whales are  highly  mobile,  so the assumption that  the  absence of
particular whales from Prince William Sound is due to mortality is
invalid; and  3)  baseline natality and mortality data,  which are
neither  sufficient nor  well understood,  are  essential  to  the
success of this study.   (ESC)

Response;  A large effort is being made to examine the impacts of
all  factors on  killer  whales,  including non-oil  environmental
factors and fishery conflicts.  Although killer whales are highly
mobile, much research  has been conducted on the stability of killer
whale pods/membership over time.


Marine Mammal Study No. 5 - Harbor Seals

Comment;  Marine Mammals 5 does not distinguish between oil spill
effects and natural factors, such as ecological succession, natural
cyclical changes and  human activities, that may account  for the
difference  in resource levels between  oiled  and non-oiled areas.
(APSC)

Response;  This study  does  distinguish  between natural changes and
those caused  by oil.   Historical abundance data from  before the
spill clearly indicate that oiled and unoiled population trends and
rate  of  decline were the  same.    Ecological  succession  is  not
relevant to harbor seals in this context.
Comment;  Marine Mammals  5  inadequately deals with the declining
populations trends of harbor seals.  (ESC)

Response;    The study  design  adequately  deals  with  declining
population trends.   We recognize this  trend  and  have historical
data indicating that it is the same in oiled and unoiled parts of
PWS.  We reference a  source of detailed information in the study
plan.   This study  is not  designed  to  investigate  this ongoing
decline, but is intended to look at differences between oiled and
unoiled areas.


Comment;  It will be  difficult to establish causal relationships
for  chemical residue  data  and pathologic  observations  in  the
investigation of tissue hydrocarbon levels or histologic changes in
Marine Mammals 5.  (ESC)

Response;  Histopathology experts indicate that they can establish
causal relationships for certain pathological observations.


Comment;  Objectives A and  B of this study will be impossible to

                               D-28

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achieve through the  methods described in the Plan.   Because the
link  between  petroleum  residues   in tissues  and  pathological
conditions often is not  clear, the cause of death will be difficult
to establish.  Oil  spills can cause pathologic changes that are not
associated with  increased  residue  levels.    On  the  other  hand,
residue levels can be elevated in the absence of  any pathologic
conditions.  (ESC)

Response;     Objectives  A  and  B  are  difficult to achieve  but
certainly not  impossible.   Determining that harmful pathological
conditions  resulted   does  not  require  that residue  levels  be
elevated.   Pathological changes may or may not be associated with
elevated residues depending on what residues are tested,  time and
duration of  exposure to oil, length  of  time after exposure that
samples were taken, etc.


Comment:    The  collections  of additional   seals  in  1990  was
unwarranted  in  light  of  the fact   that   the  impact  on  seal
populations  demonstrated  in 1989  was minimal and  that there are
difficulties with the program design.  (ESC)

Response;   The  collection  of additional seals was warranted and was
supported  by  marine mammal  experts  throughout  the  scientific
community.    The  data  obtained  were  valuable  in  determining
persistence of  hydrocarbons and whether or not pathological changes
persisted.


Comment;   Differences between oiled  and  unoiled areas  cannot be
attributed to oil as  opposed to natural variability.  The study is
part of ongoing  research  into the cause  of  the  declining harbor
seal populations in  the Gulf of Alaska  and  is  not appropriately
part of the NRDA program.    (ESC)

Response:     Design of  the  study  will  allow  for detection  of
differences between oiled and unoiled areas that can be attributed
to EVOS.  This study is certainly not part of ongoing research.


Comment;   The field  methods  for  this  study will  not  detect
distribution changes.  Any changes in distribution will appear to
be changes in abundance.    (ESC)

Response;   The  study will detect changes in abundance between oiled
and unoiled areas.  Changes in distribution are not  expected to be
a problem because harbor seals demonstrate a strong site fidelity
and haulout sites are highly traditional.


Comment;  QA/QC issues are not addressed in the description of this

                               D-29

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study.  (ESC)

Response; Standard, scientifically accepted, QA/QC procedures are
followed in all studies.


Comment;    The  analytical  descriptions  are  not  sufficiently
detailed.    Sample sizes  for  the  exposure/pathology  work  are
inadequate and the use of reference seals from southeast Alaska is
inappropriate.  (ESC)

Response;  Methods are described in sufficient detail.  Additional
information  can be found  in  referenced publications.   Use  of
reference seals  from  southeast Alaska is  considered appropriate
because  they were clearly  unoiled,  but  taken from  comparable
habitat.
Comment;   The analysis  strategy appears  to assume  that  sample
locations are analogous to home ranges and that pathologic findings
will correlate to  tissue residue, but these assumptions  are not
valid.   (ESC)

Response;   The physical presence of oil marked seals collected in
1989 clearly indicated their exposure to  oil.  It is not necessary
to assume that they were from  the oiled  areas,  it was physically
apparent.   Seals in unoiled areas were clean and seals from oiled
areas were discolored.   Also,  it is  well known  that harbor seals
are relatively sedentary and show marked site fidelity.


Comment;  Statistical  procedures  are defined in vague terms.  It is
not  clear  how the   oil  spill  effects  will  be  estimated  and
statistically tested.   The level of the effect being tested and the
effort needed to detect that effect are not provided.  (ESC)

Response;   Statistical methodology is clearly stated.  It is also
clear that the level of statistical significance is 0.05.


Comment:   The sampling  effort  is  not  appropriate  to meet the
study's objectives.   The probability of  declaring an effect when
there really  is not one  is  not given.  Nor is the probability of
failing to find an  effect when there really is one given.  Thus, it
may be impossible to ascertain  whether a  statistically significant
effect was linked to the oil spill.  Criteria for choosing impact
and control sites were not given.  (ESC)

Response;   Sampling effort is appropriate to meet the objectives.
Probability  levels  for the  relevant tests are given.   Choice of
oiled and  unoiled  sites was based upon presence of  oil  on the

                               D-30

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shoreline.


Comment;  The  forty  percent  decline in abundance observed in the
trend counts was based  strictly  on  two years'  data.   This is not
sufficient to establish  any meaningful baseline, trends, or natural
variation.    Since   the  cause of  these  declines has  not  been
pinpointed, it is not likely that any impact of the  spill can be
detected by this study.   (ESC)

Response:  Historical data in combination with data  collected at
the control site will provide a  basis for evaluating the ongoing
population decline and any natural variation in the population.  It
is not necessary to  pinpoint the cause of the ongoing decline in
numbers in order to  determine injury from EVOS.


Marine Mammal Study  No.  6 - Sea otter Impacts

Comment;  Mature otter and pups are again repopulating areas that
were affected  by  the spill.   This  evidence  should be taken into
account in the Plan.  (ESC)

Response;   We recognize  there   is some  reoccupation  of  oiled
habitat,  and  will be able  to evaluate  population distributions
through surveys  and by monitoring  radio-instrumented adults and
pups.  Occupation of an area does not, however, necessarily imply
that those otters or the habitat into which they move are in pre-
spill condition.


Comment;  None of the sea otter studies is likely to produce useful
information since this species is recovering rapidly and uncovering
minor differences between area populations will not contribute to
defining a restoration need or a restoration strategy.  (ESC)

Response:  We know of no basis for the statement that there is an
"obviously rapid  recovery  process"  ongoing in  oiled  areas.   The
extent of certain differences between areas will be determined by
the study, and it is not reasonable  to determine that  they will be
minor prior to execution of the studies.


Comment;  The  description of the DNA content,  sperm morphology, and
haptoglobin binding analyses  in Marine Mammals  6 is inadequate for
technical review.  Further, the endpoints for detecting hydrocarbon
exposure  are  non-specific and are  subject  to a  high  degree of
natural variability.  (ESC)

Response;   Detailed descriptions could  not  be  included  in the
Marine Mammals  6  study  plan due to  space  constraints;  however,

                               D-31

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references providing thorough descriptions of these analyses were
provided in the  bibliography.   The natural  variability  in these
measures  has   been  examined  in  other mammals,  including  some
wildlife species, and  has  been accounted for in  the statistical
design of the study.


Comment: Any post-spill differences detected in distinct sea otter
populations will not be  attributable  to the oil  spill  since sea
otters  typically   have   site-specific  age,  sex,   and  growth
characteristics.   (ESC)

Response;  There are pre-spill population data on  sea  otters in
eastern and western PWS,  including information on  sex,  age,  and
growth  characteristics.     This  information  will  be  used  in
interpretation of findings from the present study.


Comment;  It will be difficult to establish causal relationships
for  chemical   residue  data  and pathologic  observations  in  the
investigation  of tissue  hydrocarbon  levels  and/or  histologic
changes in Marine Mammals 6.   (ESC)

Response;  Studies on otters that were known to be oiled and died
in  the  spring and summer  of  1989   will   provide  evidence  on
associations between exposure,  pathologic changes, and hydrocarbon
burdens. Similar studies on unoiled controls will provide baseline
information.   Results  from  this  work will  provide a  basis for
interpretation of data from additional carcasses  found  in areas
affected by the oil spill.


Comment;  The objectives  for assessing  spill  impacts on otters are
largely unattainable given the design and analyses of this study.
There  is no  reference  to  the magnitude  of the physical  and
ecological differences  between the impacted and non-impacted study
areas.  Sea otter densities will be different generally between any
two sites owing to  natural factors, independent  of oiling.  This
will affect the aspects  of the study  concerning  population, sex,
and   age   structure   and   reproductive  history   from  carcass
evaluations.   (ESC)

Response; The sea otter damage assessment studies were reviewed by
a qualified biostatistician  and guidance  will be provided during
the data analysis phase.  Distributions and abundance of sea otters
in PWS are available from historical data.  We agree there can be
natural factors influencing study  areas; however,  existing data on
basic demographic parameters  of both  eastern and western PWS are
available and  will  be  utilized in analysis and interpretation of
results.
                               D-32

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Comment;   Study  6A  lacks adequate  description of  the sampling
locations and site selection  criteria.   Oiled sites are not well
identified.   Time of day  of  surveys is not  indicated.   Feeding
behavior can vary significantly between subpopulations.  There is
no indication how sexes  of the adult animals will be determined.
(ESC)

Response;  Sampling locations were selected based on  sites examined
in historical surveys,  and  were  supplemented  with additional,
randomly selected sites.  Surveys are done during daylight hours.
Sexes of adults are  not determined  in the surveys.   NRDA review of
oiling   data  has   ensured   consistency   and  most   accurate
identification of oiled areas.
Comment:    The  methods  proposed  fail  to  distinguish  between
distribution effects and populations declines.  Movement patterns
of otters  in the spill area  are too poorly understood  to  be of
value in making comparisons between oiled and reference sites.
(ESC)

Response;   Distributions  of sea  otters can  be  estimated from
historical  data  and repeated post-spill surveys.   Previous and
ongoing telemetry studies address detailed movement patterns on a
seasonal and annual basis.
Comment;  Boat survey  sampling frequencies are too low to detect
differences in density over time.   Since  there  is only one pre-
spill estimate of  population size, trends  or  variance cannot be
determined.  (ESC)

Response;  Boat  surveys will estimate distribution and abundance
over time.  Although there is only  a single pre-spill boat survey,
an estimate of variance of survey data can be obtained from post-
spill results.


Comment;  There is  no pre-spill hematology  for  otters in the study
area  for use in comparing hematology data between areas.   And
historical  differences  in hematology  have been  attributed  to
variations in habitat quality.  (ESC)

Response;   Sea  otters from  unoiled  areas will  provide control
values for blood  samples collected from otters in areas  affected by
the  oil  spill.    Hematology of  California sea  otters  is  also
available and can be used to supplement the  Alaskan control values.
Interpretation of  the  hematology values  will be done by a highly
qualified clinical pathologist who is familiar  with differences
that may be associated with variations in habitat quality.
                               D-33

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Comment;  Many of the  sublethal parameters being evaluated are not
standard methodologies for wildlife, for assessing oil impacts, or
assessing population impacts, so they are simply research.  (ESC)

Response;  The fact that these techniques may not be standard for
wildlife in no  way negates their value for  the  present studies,
which are unprecedented in scope.  The methods have been evaluated
in other mammalian species, including several wildlife studies.  It
is  fully  appropriate  to apply  the  most  advanced  scientific
techniques to assess damages from the oil spill.


Comment;   The  population modelling  technique  of Study 6A  is
inappropriate  because  it  requires  a  far  better knowledge  and
understanding of population  status and trends  than are currently
available for sea otters in PWS.   (ESC)

Response;  Sea otters  in  PWS and  other parts of  Alaska have been
the subject  of numerous  studies  including  population  modelling
efforts.   Given  pre-spill  studies  and  the  large  numbers  of
carcasses collected after the spill, there are ample data on which
to base a population modelling effort.


Comment:   The baseline data for  Study  6A  are too limited;  the
sample sizes  are  too  small;  the  assumptions regarding population
status are insupportable; and the clinical laboratory and residue
analysis data will be inconclusive  and  have  little bearing on
effects of the spill.    (ESC)

Response;   A considerable  amount of data exist  from  pre-spill
studies on sea otters  in  PWS and  will be utilized in  the present
study  as baseline  information  and to  support  assumptions  made
regarding population  status.   Sample sizes were  estimated to be
adequate for  statistical  testing.  Clinical laboratory data and
hydrocarbon residue analyses  will be related to reproduction and
survival of the otters from  which samples  were collected.  It is
inappropriate to  state, prior to  the study,  that results will be
inconclusive and have  little bearing on the effects of the spill.


Comment;  The control  areas for Study 6B are not described well in
the Plan or in the baseline reference.  Assessing oil impacts from
change in age structure of  beached carcasses necessitates a full
understanding  of  trends  and  variation  in the population  and
subpopulation age  structure dynamics.  (ESC)

Response;   Ten  years  of pre-spill  carcass  collection efforts
provide the control for this  study. Beaches which were walked pre-
spill  for  carcass recovery will  be  the  focus  of  post-spill
collection efforts.   With data available from multiple years, we

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have  a  very  good  understanding  of  pre-spill  sea  otter  age
distributions at death in PWS, and of the variance among years.


Comment;  The spring 1990 carcass count and age structure data in
Study 6B will not have valid predictive value for estimating long-
term impact.  (ESC)

Response:  The main purpose of collecting carcasses in the spring
of 1990  is to evaluate age-class  distribution  of the dead otters
and to compare this  to pre-spill  data.   This study in itself was
not  intended to  predict  the long-term  impact of  oil  exposure.
Continued studies  of recovered  carcasses will  provide insight on
the long-term impacts to the population.


Comment:  The carcass drift experiments will greatly overstate the
direct spill-related mortality because distressed otters are very
likely to haul out on land,  thereby increasing the likelihood of
their being  found.  No such behavior  will occur with  the drift
buoys.   The drift  study  is  inadequately  described and  gives
insufficient information regarding the locations, deployments, and
extent of any follow-up efforts.   (ESC)

Response:   The  drift  study  was not intended  to  estimate direct
spill   related   mortality   but    rather  to  simulate   drift
characteristics  of floating carcasses.   We recognize  that many
factors  would  affect  carcass  recovery  and  estimates  of direct
mortality.  The floats were deployed based on information provided
in the boat  surveys.


Comment;  Statistical procedures are poorly described.  It is not
clear how the oil spill effects will be estimated and statistically
tested.  The level of the effect being tested  and the effort needed
to detect that effect are not provided.    (ESC)

Response:  See response for the following comment.


Comment;   The sampling effort is not  appropriate to  meet the
study's  objectives.   The  probability of declaring an effect when
there really is  not  one is not  given.   Nor is the probability of
failing to find an effect when there really is one given.  Thus, it
may be impossible to ascertain whether a  statistically significant
effect was linked to the oil spill.  Criteria  for choosing impact
and control  sites were not given.    (ESC)

Response;   Marine Mammal  Study 6  (A,  B,  &  C) is  a  large study
involving several approaches to the estimation of damage  to the sea
otter populations  in PWS,  with a  total  of  32  objectives listed.

                              D-35

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The above comments are very general,  and thus necessitate a general
response.  A biostatistician assisted the principal investigators
in  design of  the  studies,  including  determination of  sampling
design and sample sizes.  A biostatistician will provide guidance
in  data  analyses.    Although  any  single  approach  to  damage
assessment may not  in itself  provide a conclusive result regarding
links  to oil-related damages,  information  gained by  different
approaches  will  be  supportive  in   synthesizing  the  overall
assessment of damages to the sea  otter populations following the
oil spill.


Comment;  The sublethal effect investigation is research-oriented
and not useful for  assessing  injury.  The methods employed are not
routine for wildlife  or oil spill impact assessment.  The mechanism
by which the  oil spill could  cause chromosomal damage to otters is
remote, given the toxicity of crude  oil,  its environmental fate,
and the levels of polycyclic  aromatics  in otter prey stemming from
the spill.  (ESC)

Response;  Methods  in this  study for evaluating chromosomal damage
have been utilized in previous wildlife  studies;  references were
included  in  the bibliography.    Crude oil  contains many  toxic
components which could provide mechanisms for chromosomal damage.
It is erroneous to conclude that research-oriented studies do not
have a role in the damage assessment process, particularly because
no routine methods have been established for assessing effects of
oil on mammalian populations.


Marine Mammal Study No.  7 - Otter Rehabilitation

Comment;  It will be difficult to establish causal relationships
for  chemical residue  data  and  pathologic  observations  in  the
investigation of tissue hydrocarbon levels or histologic changes in
Marine Mammals 7.  (ESC)

Response;  Studies on sea  otters  from the rehabilitation centers
that were known  to be oiled  and died in  the spring and summer of
1989  will provide  evidence  on  associations between  exposure,
pathologic changes,  and hydrocarbon burdens.   Histopathological
examination of  several  different  tissues from a  large  number of
otters, and determination of hydrocarbon levels in these tissues,
will provide insight on relationships involved.


Comment;   Objectives  A and B  of  this  study  are  inadequately
described  and cannot be achieved.   They  ignore the  fact that
translocation of otters will likely play a  larger role in otter
survival than will oil exposure.  (ESC)


                               D-36

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Response;   Objective  A can  be tested  using control  groups as
described in the study plan.   Our ability to test Objective B will
depend  on  movement  of a portion  of the  radio-instrumented sea
otters into oiled areas.  Translocation is a necessary component of
the rehabilitation process.   There is no basis for the statement
that  translocation  effects  will  likely play a  larger  role in
survival  than  oil  exposure.   The circumstances  involved  in
translocation in this study are not similar to those in historical
translocations, and  effects thus cannot be assumed to be the same
as in previous translocations.  Furthermore, because of our ability
to monitor the  radio-instrumented  sea otters, we  will  be able to
distinguish between  mortality and emigration.


Comment;  Field methods of this study are inadequately described:
the frequency of relocation of instrumented animals is not given;
the health assessment  criteria are not  described; and  it is not
clear how females will  be distinguished from males  during counts of
the study populations.  (ESC)

Response;  As stated  in the study plan, it was  intended to relocate
the instrumented  sea otters  at least biweekly.   However, weather
conditions in the  Sound can  be severe,  especially in winter, and
movements of the otters can make it difficult  to track all of them
on a regular  basis.  Health  of the surviving otters  is not being
directly assessed; rather,  we are  determining biweekly rates of
survival, where feasible.  In this study, there are no counts being
made on  study populations  that require distinguishing  males from
females.  Sex is known for each of the instrumented otters.
Comment;  Analytical methods are not detailed enough.  Sample sizes
may be too small  to be meaningful.   A sample of 45 rehabilitated
otters  with  diverse  characteristics  is  too  small  to  detect
differences that  can be extrapolated to  the rehabilitated otter
populations.  (ESC)

Response;   A  sample  size  of  45  instrumented   sea  otters  is
sufficient to measure  effects  that  can  be extrapolated  to the
rehabilitated otter population.   The  45 animals  are generally
representative of the otters at the rehabilitation centers.


Comment;  Study objectives are compromised by the fact that otters
were captured, maintained in captivity,  stressed and translocated.
Oil exposure is only one factor that has potentially impacted the
otters.  Several otters were judged to be unoiled by otter center
workers when they  were admitted for rehabilitation,  so the findings
will  pertain  primarily  to   the  effects  of   captivity  and
translocation.  (ESC)
                               D-37

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Response;   We recognize that the fate of the sea otters following
release may  be influenced  by  various factors  including oiling,
cleaning,  and captivity.  Records were kept on the degree of oiling
at arrival and the clinical history  of  the otters while  at the
centers, and  these will be  considered in interpretation  of the
data.   Hydrocarbon burdens  in blood and  fat  (collected  prior to
release) will  be  available  for instrumented sea otters  and will
provide a basis for judging  the effects  of oiling  on the fate of
the otter.
                               D-38

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TERRESTRIAL MAMMALS

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Comments on Terrestrial Mammals Studies - General

Comment:  Although the study descriptions are improved over those
provided in  1989,  the 1990 studies  are  inadequately detailed to
make a proper scientific evaluation.   (ESC)

Response:  The Trustees believe that sufficient detail was provided
to  allow  scientific evaluation.      Additional  information  is
available from referenced publications.


Comment:   The  omission  of results  from  related  1989  studies
(Terrestrial Mammal 1, Terrestrial Mammal  3, Terrestrial Mammal 4,
Terrestrial  Mammal  6)   makes   it  difficult  to  understand  the
justification for their continuation into  1990.   Given the lack of
mortality, substantial indications of injury would  be necessary in
order to justify these studies.   (ESC)

Response;   Because these  studies are conducted for purposes of
litigation, results of studies  are confidential;  they will be made
public  either in  the course  of the  litigation  or  after  final
reports are prepared and authorized  for release.


Comment:  Terrestrial Mammals 1, 3, and 4 lack  evidence of exposure
of these species to  oil.   There are no documented mortalities of
deer, river otters, or brown bears in the  1990 study descriptions,
so there is no reason to continue these studies.   It is extremely
unlikely that these species or black bear  (Terrestrial Mammals 2)
or mink  (Terrestrial Mammals  6)  could have  been significantly
impacted by the spill.   (ESC)

Response;  All of these species use  intertidal habitats that were
heavily impacted by oil.  Therefore, there  is significant potential
for contact with oil and resulting injury.


Comment;  Relevant law requires that the anticipated costs of the
assessment be less than the anticipated damage amount in order for
the  assessment  costs to be reasonable.    Many of  the  studies,
notably  those   regarding  Terrestrial   Mammals,   violate  this
requirement.  (ESC)

Response;  The NRDA regulations,  which are optional,  indicate that
the  anticipated  cost of the assessment  should  be less  than the
anticipated amount of damages.   See  43 C.F.R.  §  Il.l4(ee).  There
is no requirement  that  each individual element of the assessment
meet this test.  Rather, individual  elements need  only lead to an
increase in accuracy  and precision in the assessment that outweighs
their costs.   See  Id.  The Trustees believe  that the assessment
meets these standards.

                               D-39

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Comment:   The Plan  contains studies  designed  to do  scientific
research that will not lead to identification of injuries, and the
costs  of  such  research  cannot  be  recovered  under  the  NRDA
regulations, but  should  be funded by alternate means.   Examples
include Terrestrial Mammal 6,  the toxicity study of which  is an
inappropriate  laboratory  simulation   of   actual  environmental
conditions.  (API, ESC)

Response;    Terrestrial  Mammal  6  is  very clearly  focused  on
determination of injury from ingestion of sublethal doses of oil.
The use of  a laboratory  simulation  is a reliable, scientifically
accepted  technique  that  will   produce   results that  can  be
extrapolated to mink and other related species impacted by EVOS.


Comment;  The need for any studies  of terrestrial mammals should
have  been  motivated  by  1989  data  wherein  injury  to  mammal
populations,  sufficient   to  merit  further  study   to  define
restoration needs, was documented.  Since it is very unlikely any
such injury to terrestrial mammal populations was documented, the
justification for these  studies is  highly  unquestionable.   (API,
ESC)

Response;   Terrestrial  mammal  studies are expected  to provide
information  on  injury  and  to  support  restoration  planning.
Specific results of 1989 studies are confidential.


Comment;   The natural variability  of species is  not  adequately
addressed.   (API)

Response;   Studies are designed to account for major  sources of
natural variation.


Comment;  The studies concerning Sitka black-tailed deer  and  black
and brown bear disregard the fact that these animal populations are
in good health and abundant,  evidenced by the fact that the  State
still permits hunting of these animals.  Had there been a sizable
mortality  of  terrestrial  mammals  or  a  significant  exposure
potential to petroleum hydrocarbons, these  species would have been
investigated under the joint NOAA, ADF&G,  and  Exxon subsistence
program.  (ESC)

Response;   The presence  of a huntable surplus does not mean that
significant  injury did not occur  as a result of  EVOS.   The  joint
subsistence program investigated the possible impact of hydrocarbon
contamination on the health of humans who consume various species.
It did not consider impact on the animals themselves.


                               D-40

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Comments on Terrestrial Mammal Studies - Specific

Terrestrial Mammal Study No. 3 - River Otter and Mink

Comment:  The study's overall objective, that of determining if the
EVOS  will have  measurable effects  on river  otter populations,
cannot be achieved given the absence of valid pre-spill population
data.  (ESC)

Response;   Comparison  of total numbers  and survivorship between
oiled and unoiled areas over several years will  allow an assessment
of injury  to populations.   Other  information  being collected on
direct effects, food habits,  and habitat use will be a valuable aid
in interpreting population data.


Comment;   Some of  the  specific objectives associated  with  food
habits and habitat use may be achievable.   However,  observations of
differences  in certain parameters  cannot be related to potential
impacts from the EVOS.    (ESC)

Response;  All objectives were formulated with the expectation that
differences  can  be related to  EVOS.   The  study was  designed to
account  for significant natural  variation that could  influence
results, and, therefore, it is expected to detect  injury from oil
contamination.
Comment;  The  "food  habitats"  and "habitat use" sections of this
study will  not show any negative  impacts on  the  population of
otters.  They may  show otters are adjusting to new habitats.  (API)

Response;  It is reasonable to examine closely both food habits and
habitat  use  because  both are  expected to show injury  given the
heavy contamination of intertidal areas that are critical  for otter
survival.  Oil contamination does  not create "new  habitat".   Any
adjustments  detected will be the result  of  otters  responding to
habitat  injury.


Comment;  This  study  will  provide data that may be useful  for long-
term  goals   of managing  Prince  William  Sound but  not  directly
related  to oil spill impacts.   It  will  provide much information
about the habitat  use and  movement patterns of this species, but it
will not measure any population impacts.   (ESC)

Response;  This study focuses directly on  investigation  of injury
from EVOS. Comparison of  oiled versus unoiled areas  is a  key study
design feature.
                               D-41

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Comment;  The Plan does  not make clear that sampling programs will
produce  information  necessary to  prove  that  a  statistically
significant portion  of  the  expected biological variability  is a
function of hydrocarbon contamination as opposed to other natural
factors.    Terrestrial  Mammal   1,  Terrestrial   Mammal  3   and
Terrestrial Mammal 4 suffer  from  this defect,  such as  severe
winters, predator/prey relationships, and  disease,  which clearly
affect key life cycle events of various species.  (ESC)

Response:   The study plan  provides sufficient detail  to  allow
evaluation of the statistical validity of the design.  Additional
details can be found in referenced publications.


Comment:     This   study  will  not  identify  avenues   of   oil
contamination.  It does not distinguish between contamination via
digestion and  contamination  via thermal absorption  or  grooming.
This study should provide for the coordination and integration of
data from river otter food habits and from studies of the species
on  which they prey.    This  study  will not  detect  simultaneous
reductions  in the  populations of  river  otters  and their  prey
species.  (NWF)

Response;  Identification of specific avenues of contamination is
not part of this study.  It will  rely  on other NRDA projects for
information about contamination of the river otter food chain.  A
full suite of coordinated environmental  studies  is being conducted
in the oiled area.
Comment;    There  is insufficient evidence that  river  otters were
exposed to oil.  (API)

Response;  River otters were  exposed  to  oil.   Intertidal habitat
critical to this species' survival was heavily impacted by oil.


Comment;   "Direct effects" and "population change" parameters can
show biological effects which cannot be quantified.   (API)

Response;  The study design is expected to allow quantification of
both direct effects and population change resulting from EVOS.


Comment;    It  is inappropriate to  compare an impacted  site to a
reference site for  density comparisons when,  in all probability,
neither site has any valid pre-spill data on population trends or
variance.  (ESC)

Response;  The lack  of  historical data on populations does not
invalidate comparison of density between oiled and unoiled areas.

                              D-42

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These two areas will  be monitored for several years and they are
similar enough that differences can likely be  attributed to injury
from the EVOS.


Comment;  This  study is not cost  effective and will only assess
short-term impact.  There will be a quick recovery from any short
term impact on otter density.  River otters mature rapidly and have
relatively large litters.  The "takes" planned  in this study will
probably result in  more otter  fatalities than have been observed
since the EVOS.   Very little of this study will relate to natural
resource injury.  (ESC)

Response;    It  is  anticipated  that  this study  will  be  cost
effective.  The  ability to detect injury over time is a function of
the  duration of  the study.   The  design will  produce  reliable
results and is. focused on assessment of injury.  Recovery rates for
the otter population  are difficult to predict.   Plans to collect
otters were canceled.
Comment;  Study locations are not described well.  (ESC)

Response:     Sufficient  detail concerning  study locations  was
provided  to  allow  evaluation  of   the  project;  more  detailed
descriptions might have jeopardized the study.


Comment : The radio transmitter and radioisotope implant techniques
are not described adequately.   (ESC)

Response;      Sufficient   detail   concerning   transmitter   and
radioisotope implants were provided to allow evaluation of these
techniques.    Additional  detail   is  available  in  referenced
publications.


Comment;  Statistical procedures are vaguely defined.   It is not
clear how the  effects of the  oil  spill are  to be estimated and
tested statistically.   The  level of  effect  being  tested and the
effort (number of samples, replicate subsamples, etc.)  needed to
detect that  effect were not  given.   The sampling effort does not
appear to be appropriate  to  meet objectives.  The probability  of
declaring an effect when there really is not  one (Type 1 error) is
not given. The  probability of declaring an effect when there really
is one  (Type II error)  is  not given.   It will be  difficult to
determine if a  statistically  significant effect was due to the oil
spill or to natural variation.  (ESC)

Response;  Sufficient detail  concerning statistical procedures was
provided  to allow  evaluation  of  tests.    Additional  detail  is

                               D-43

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available  in  referenced publications.   The study  is  undergoing
rigorous statistical analysis.


Terrestrial Mammal Study No. 4 - Brown Bear

Comment; Objectives A-C are concerned with possible physiological
effects and mortalities of brown bear due to the EVOS,  and cannot
be achieved primarily because no direct exposure pathway to spilled
oil is outlined.  Also,  there is  insufficient  information on how
tissue and feces analyses are  to be related with mortality.  (ESC)

Response;   Intertidal  foraging is  the likely exposure  p'athway.
Other  studies will  provide details  on  contamination of  forage
species.


Comment;  Objective D's estimation of  the adult population density
of the study  area has  nothing to  do  with natural resource damage
assessment,  particularly since  no  historical database  exists.
(ESC)

Response:   Estimation  of population impacts  of  the EVOS  is an
important part of damage assessment.   Estimates over several years
will provide trend information necessary to quantify injury.


Comment;   Population  estimates for  only  two years,  1990/1992,
cannot be  used  to predict any trend  or  identify  any impact from
EVOS on brown bear populations on the Alaskan Peninsula.   (ESC)

Response; Estimates will be obtained for several additional years
if the study is continued.  In addition, monitoring radio- collared
bears will provide the opportunity to identify bear mortality and
determine whether it is oil-related.


Comment;   Two assumptions  used in  the  model to  estimate adult
population levels are very weak:  (1)  the brown bear population is
geographically and demographically isolated; and (2)  all brown bear
have  equal capture  probabilities that  are constant over time.
(ESC)

Response;   Potential difficulties with these two assumptions are
acknowledged in the study plan and details concerning how they will
be addressed are presented.


Comment;    The  significance  of hydrocarbons  in  fecal  samples,
particularly  as  it  relates  to  ingestion,  is not  discussed in
sufficient  detail to determine its  validity.   No  literature is

                               D-44

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cited as to how this technique has  been used with previous spills.
(ESC)

Response;  The presence of hydrocarbons in fecal samples will be an
indication  of exposure  through  ingestion of  contaminated food.
Other NRDA  studies will provide information  on contamination of
individual  food  items.   We know of no studies,  other than EVOS,
where fecal analysis has been used.


Comment;  No explanation is given why blood is to be analyzed for
packed cell volume and percent hemoglobin.  These measurements are
not likely  to  establish any  impact on the bear from spilled oil.
(ESC)

Response;  Analysis of samples has  been delayed pending additional
review of the range of blood parameters that can be the most useful
indicators  of  injury.


Comment;  This study will provide data that may be useful for long-
term goals of managing PWS but not data that is directly  related to
oil spill impacts.   (ESC)

Response;    This  study is  designed  to  focus specifically  on
assessment of injury from the EVOS, but does not  relate directly to
PWS populations.


Comment;    Study  areas  in the Katmai National Park,  on Kodiak
Island, and near Black Lake are not described  as to exact location
and study area size.   (ESC)

Response;   Sufficient  detail  on  study areas is provided to allow
evaluation  of the work.
Comment;  The spill area site in the Katmai National Park is not a
good choice  for  determining injury to brown  bear  from the EVOS.
The bear  population age  structure,  particularly  for  old males,
would be quite different in Katmai because the bears are protected,
not hunted.   This contrasts with the control areas where hunting is
permitted.   As  a  result,  some population  difference might be
improperly assigned to oil spill effects.  (ESC)

Response;    Age structure difference between the  study  areas is
recognized and is  considered in the study design.   We expect it
will be possible in analysis of the data to isolate this variable
and, therefore, avoid improperly assigning differences to impacts
of EVOS.
                               D-45

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Comment;  The Plan does not make clear that sampling programs will
produce  information  necessary to prove  that  a  statistically
significant portion  of the expected biological variability is a
function of hydrocarbon contamination as opposed to other natural
factors.  Terrestrial Mammals 1,  3 and 4 suffer from this defect,
such as severe winters,  predator/prey  relationships and disease,
clearly affect key like cycle events of various species.  (ESC)

Response;  Sufficient  detail  is presented  to allow evaluation of
the statistical design and sampling programs.  Natural variation is
considered in selection of  study sites and appropriate statistical
tests.
Comment;  The Trustees should consider collection of tissue samples
from denning females and their cubs, as well as tissue samples from
fetuses of necropsied adult females.  (NWF)

Response;   Collection  of tissue  from denning  animals will  be
considered.  A  full suite of appropriate  samples  is  planned for
collection from any animals found dead.


Comment;   The stress caused  by the  capture  of live  bears,  the
implantation of radio transmitters,  and the drawing of blood has
not been adequately considered.   (API)

Response;  Stresses caused by  capture of bears are well understood
and  will  be  considered  in  interpretation  of  results.    No
transmitters are  being implanted  by this  study.   It  is  highly
unlikely that drawing of  a small amount of blood  will cause any
significant stress.
                               D-46

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BIRDS

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Comments on Bird Studies - General

Comment;  The bird studies  ignore  current scientific literature on
the effect of oil on birds, which indicates that bird populations
recover extremely  rapidly  after an oil spill.   They also ignore
evidence of  recovery  of bird populations in PWS  and the Gulf of
Alaska, which confirms a healthy density and diversity of resident
and migratory species  there.   Failure to  rely  on  the existing
literature, which  would have enabled the Trustees  to narrow the
field studies, is contrary to the NRDA regulations.  (API, ESC)

Response;  The bird studies were developed with full cognizance of
information available in the current scientific literature.  There
is considerable information in that body of literature to indicate
that bird populations  do not always recover  rapidly after an oil
spill.   This is especially  true  of long-lived  species with low
reproductive rates. Further,  it is essential  to measure  the impact
resulting from individual environmental calamities to account for
unique circumstances which may have a bearing on  impacts to birds.
The EVOS was unique in  its size as was the biological richness of
the area where it occurred.  Observation that  there are still birds
in the  spill zone  does not  constitute  scientifically objective
information that "...  confirms a healthy density and diversity of
resident and migratory bird species there."  Studies are essential
before any such conclusion can be drawn.


Comment;  The Plan  contains  studies, such  as Birds 4 and 5, that
are designed to do scientific research  that will not  lead to
identification of injuries.  The costs of such research cannot be
recovered  under  the NRDA  regulations,  but  should be  funded by
alternate means.   (API, ESC)

Response:  All bird studies were designed specifically  to provide
information that would be used in  assessing injury.  Although some
objectives, in and  of  themselves,  are not  able  to define injury,
they provide information that, in conjunction with other data, do
support injury determination.


Comment;    A  disproportionate   number of   bird  studies  were
discontinued with little or no explanation.  The reference to cost-
effectiveness  in  the  introductory section  to  the  bird  studies
suggests that the Trustees  made a value judgment as to the relative
costs of studying damages to multiple species and the injuries to
those species without  explaining  their conclusions.   Impacts to
certain species  cannot be ignored  simply  because  they are more
costly to study than other  species.  The impacts on one species are
integral  to understanding the impacts on  other  parts of  the
ecosystem.  (NWF)
                               D-47

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Response;  The practicality of conducting scientifically credible
injury  assessment  studies was a  critical factor  in  determining
whether  studies   should   be  conducted.    Some   studies  were
discontinued because it was determined that continuation would not
provide substantially more information on injuries than had already
been gathered.   In a  number  of  cases,   elements of discontinued
studies were  incorporated into continuing  studies or  into  base
agency programs.


Comment;  Birds 2,  3, 4, and 5 are  not well integrated, as there is
no apparent attempt to correlate census  or distribution data with
factors other than the presence of EVOS  oil.   (ESC)

Response:  Efforts are being made to correlate  survey  data  with
factors other  than the presence  of oil.   Information  on water
temperature,  weather, and other factors  are being considered.


Comment;  The bird studies involve invasive procedures,  including
the killing  of birds  to  determine the   potential  destination of
birds that did not wash up on shore after the spill.  (API)

Response;  Certain bird studies involved the killing of specimens
to  gather   information  needed   to assess  injury,   such  as
histopathology, condition, and hydrocarbon uptake.   In all cases,
studies were  thoroughly reviewed  by leading experts and agency
representatives to  insure  that their methods were  required,  that
the take was  kept to a  minimum, and that  the number of birds taken
was insignificant to the overall population.


Comment;  Studies that  disrupt breeding grounds during the nesting
season  or  require  the  handling  of  birds  to take  blood samples
should not be undertaken, unless the studies are clearly necessary.
(API)

Response;  No bird studies were conducted that involved disruption
of breeding grounds. Surveys and censuses were conducted utilizing
standard methodologies. It is necessary to gather blood samples to
measure  differences   in   blood   chemistry  parameters  between
populations in different areas.


Comment;  Most  of  the  Bird studies do not adequately account for
the fact that there was substantial variability in resource levels
before  the spill  or the fact that there is  no  reliable baseline
data.   Thus,  the statistical detection of differences due  to oiling
will not  be  possible.   These facts also make  it  impossible to
develop sufficient  data to describe  the subtleties of historical
populations  dynamics  or   to  relate  any potential response to

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extremely low hydrocarbon levels.  (ESC)

Response;  We recognize that there is  a possibility of substantial
variability in resource levels before the spill and have designed
our  program to consider  this variability.   For example,  it is
unlikely  that variability  between years  would  consistently be
different between oiled and  unoiled areas.  The best way to address
this variability  for  seabirds is to  look at long term studies or
monitoring  efforts;  these   are   available  for  murres  at  the
Farallons, Semidi Islands, Pribilof Islands,  and Bluff colonies in
the  Bering  Sea.   Some  aspects of murre biology  vary,  but other
aspects such  as  productivity vary very  little.   It  appears that
changes in numbers  of murres may vary from one year to the next,
but  a long term change  of any magnitude does not generally occur
without some complicating factors  of mortality such as oil spills
or gill netting interferences.


Comment;    The  1990  Plan  still  does  not  contain  an  adequate
description of the studies for review  purposes:  survey techniques
are not described in Birds 2, 3,  5, and  13  in sufficient detail to
permit the reviewer to determine whether the  stated objectives can
be met;  sampling approaches are defined  only  in general terms; and
the descriptions of the application of statistical models to data
obtained from the studies is  brief and incomplete.  (ESC)

Response;  Efforts were made  to provide sufficient information in
the  1990 Plan to enable the public to understand how studies were
to be conducted and how data  would be analyzed.


Comment;  Except  for  Birds  1, the studies will not render injury
estimates.  Birds 2, 3,  4, 5, and 13 fail to  identify and consider
variables, such as severe seasonal weather,  food supply, disease,
and  commercial   fishing  activities,   that  could  affect  bird
populations.  Thus,  any  changes in population size cannot be linked
to the  spill or  to other  significant  environmental  conditions.
(ESC)

Response;  By utilizing appropriate  comparisons  (e.g.,  oiled vs.
unoiled, pre-spill vs.  post-spill)  it is possible to account for
these other variables.  It is highly unlikely that these variables
would consistently affect bird populations in oiled areas and not
in unoiled areas.  By looking at several species over a number of
years at a large enough number of sites,  these other causes can be
evaluated.  If any of these other  causes are influential, then it
should affect species and sites outside of the oil spill.
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Comments on Bird Studies - Specific

Bird Study No. 1 - Beached Birds

Comment;   The  tracking of  birds  killed  by  researchers  is  an
unnecessary  study.    It is  inappropriate  when considering  the
potential  injury to  the  birds and the economic  damages  to  be
recovered.  Other methods were  available to test the accuracy of
the count of the dead birds at the time of the spill.  (API)

Response;  Careful review by expert scientists concluded that,  in
order to calculate a more reliable estimate  of the number of birds
killed by  the EVOS, it was  necessary to kill  and  radio-track a
small  number  of  birds.     Other  methods  were  considered  and
determined  to be  inadequate  to   achieve  a  more  reliable bird
mortality estimate.


Comment:   The killing of  birds was not mentioned as part of the
experiment, and this portion  of the study was not subject to public
comment.  (API)   Bird 1 would have been canceled by the Trustees if
it  had been  made public  prior  to publication of  the  Plan  in
September of 1990.   (APSC)

Response;  Although detailed  information on the collection  of birds
was not provided in the 1990 Plan,  it was specifically noted that
carcasses would be radio-tracked to determine recovery rates.  The
study  was  approved after thorough  review.   The number  of birds
killed was kept  to an absolute minimum and  the birds were taken
from populations not affected by the EVOS.


Comment:   The  model  to  be used  in Birds  1  is   only  vaguely
referenced and  cannot be  evaluated without more detail,  such as
information regarding application of the model, the model's input
parameters  and its  underlying  assumptions,  and the  source and
nature  of  the historical  bird density  data to  be used  in the
trajectory modeling effort.   Although two options  for pursuing
model sensitivity analysis  are presented  (but not well described),
there  is  no mention  of the  criteria for  choosing  between them.
(ESC)

Response;  The findings of field studies conducted for Bird Study
1 affected the structure of the model to be  used; therefore,  it was
not possible to describe the model  in greater detail before field
studies were conducted.  General methodologies used may be  found in
the following references:
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Ford,  R.G.,  G.  W.  Page,  and H.R.  Carter.  1987.    Estimating
mortality of seabirds from oil  spills.  Pp. 848-751.   In Proc. 1987
Oil  Spill  Conference, American Petroleum Institute, Washington,
D.C.

Page,  G.W.  and H.R.  Carter (eds.).  1990.   Numbers  of  seabirds
killed or debilitated in the 1986 Apex Houston oil spill in central
California.  Studies  in Avian Biology.  In press.

The two options discussed for pursuing model sensitivity analysis
were presented in order for the reader to be able to evaluate the
accuracy of  the model results.  It was not  a matter of choosing
between the two options.


Comment:  Objectives  B and D  are  not distinguishable as written.
(ESC)

Response;   Objective B addressed  the portion of the  study that
would  look  at 10%  of the  birds  recovered on beaches  after the
spill.  Seabirds die for a variety of reasons and  some of the birds
collected  could  have died of  natural  causes   and been  oiled
secondarily.

Objective D refers to assessing  mortality of birds by adapting
existing bird damage  assessment models to estimate total seabird
mortality.


Comment;  Any mortality estimate rendered by Birds l will only be
an  order of  magnitude  approximation  given  the  assumptions and
uncertainties that modeling will require.  (ESC)

Response;  The estimate of the total number of birds  killed by the
EVOS that will  result from the model  will be significantly more
precise than any of  the current estimates.  Current estimates do
not  consider  the  number  of  uncertainties  such  as  sinking,
scavenging, floating  out to sea,  and failure to  recover that are
analyzed in the model used  in this study.


Comment;  Radio-tagging of drifting carcasses may not yield useful
information other than sinking rates because trajectories followed
by  floating birds  can be controlled  predominantly by  weather
patterns.   (ESC)

Response;  This  comment is correct in stating  that radio-tagging of
drifting carcasses  may not yield useful  information  other than
sinking  rates.   The  primary  intent,  however,  was  to  determine
sinking rates  rather than  deposition patterns.    Information on
decomposition and scavenging rates was also gathered.

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Comment;    There is  insufficient  information provided  in  the
description  of  the carcass  drift  study  for critical  review.
Lacking  are:  the source  of carcasses for  the drift  study;  the
source of information describing the  initial  state of oiling and
decomposition of the carcasses;  the  locations of carcass releases;
the  number  of  samples  to  be used;  and  the  nature  of  the
transmitters used.   (The  assumption  that the  transmitters will
remain upright and  exposed may be weak,  depending  on  the  sea
state.)  (ESC)

Response;   The source of  carcasses for  the drift  study  was  not
mentioned because availability of birds, permits, and logistics of
getting  to  various  sources  had not  yet  been  fully  determined.
Carcasses  were  oiled  using  weathered  Prudhoe Bay  crude  oil.
Carcasses were moderately and heavily  oiled.  Great care was taken
to ensure that carcasses were  as fresh as possible.   Location of
carcass release was  not discussed in advance of  the release because.
winds, currents,  and sea  states had to  be  taken into  careful
consideration at the time of the release.   Availability of aircraft
and boats were also critical factors in deciding the locations of
carcass  release.   Sample  sizes were  selected that would permit
differentiation between  effects of various species used, the degree
of oiling  of the carcass,  and the release sites as  sources of
variation.    It was  not  assumed that  the  transmitters  used would
remain upright.   Identical transmitters  were used  in  previous
experiments  with marbled  murrelets  and  did, in fact,  remain
upright.


Comment;   The  use  of  decoys as a  calibration tool  has  several
weaknesses, e.g.. that they do not match birds  in profile and that
decoys not found have drifted out of range.  (ESC)

Response;  Decoys were used in  a previous experiment.   They were
weighted to simulate bird carcasses  being  used.  They do, in fact,
act as a reasonable control.   Experimental results indicate that
the decoys do  float similarly to bird carcasses and they did not
float out of range.


Comment;  As described, the study does not take into account the
sensitivity of eagle nests,  seal and  sea  lion haulout areas,  and
seabird  colonies.   The 500-foot ASL flight altitude  in flights
"near the beach" could violate the  1,000-foot ceiling and the 1/4
to  3-mile   buffer   zones  established by  the  Fish and  Wildlife
Service, the  National Marine  Fisheries  Service,   and  the Alaska
Department of Fish and Game.  (ESC)

Response;  Every effort  was made to  minimize these disturbances as
a result of flights  conducted for this study.   The slight activity

                               D-52

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generated by this study was minimal when compared to that generated
by spill cleanup activities.


Comment;   The  assumption that  the  "average  lineal  density of
carcasses for a given beach type in the unsampled area was the same
as that in the sampled area  in a given sector" is unsubstantiated.
(ESC)

Response;  The Trustees recognize the validity of  this comment.
However,  this  assumption  can  be  tested  by  using  ESI  data
(Sensitivity  of  Coastal  Environments & Wildlife  to  spilled oil,
Atlas  of Coastal  Resources)   and  comparing this  data with  oil
deposition data.  It will be corrected if a relationship is shown
between the two.
Comment;  The intended use of a 10%  sample  of freezer-stored birds
to reflect the oiled/non-oiled distribution of birds on unsearched
beaches may not be appropriate.   (ESC)

Response;   A  10% sample  would give  some indication  of oiling
trends, however,  there  are plans to look at a larger sample size
during the 1991 season.


Comment;  The  intended  use of bird carcass notes and logbooks to
indicate the level of effort is improper since it may not  indicate
the intensity of effort  applied at other locations where birds were
not found.  (ESC)

Response:  Logbooks  and bird  carcass  notes may  not indicate the
level of intensity of effort applied at other locations where birds
were not found or they could,  in fact, indicate intensity of effort
in locations where birds were  and were not  found.  Until  logbooks
and other sources of information were reviewed it was not  possible
to know what they would reveal.   The model is not dependent upon
any one piece of  information  such as effort.


Comment;  There  are  no  necropsies planned for oiled birds, which
implies that any bird with oil on it expired as a result of contact
with oil.  This ignores natural mortality and post-mortem oiling.
(ESC)

Response;   A number of oiled birds were  necropsied  during the
spill.   Estimates of mortality  will consider  natural mortality.
Numbers of dead birds found  during  1990 response  activities, as
well as those found during  1990 damage assessment  studies and other
activities, will provide useful information in estimating natural
mortality.

                               D-53

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Comment;  The assumption that carcass disappearance rates increase
as the birds enter the nearshore environment is questionable. (ESC)

Response;   This was  simply  a description  of  an understanding,  at
the  time,   of  the physical  process of  carcass  sinking.    This
assumption  is not critical in any sense to the model.


Comment;  This study should take  into  account  the effects of the
intensive search effort.  (ESC)

Response;  This study makes every effort to include all pertinent
information  on recovery of  bird  carcasses  during the  spill,
including the intensive search effort.

Bird study No. 2 - Censuses

Comment;  Comparison of the 1990  and  1971 aerial data  will  not
produce a  valid determination  of injury.   This study  does  not
explain how effects of oil spill will be determined.   (API, ESC)

Response:  Although more recent pre-spill survey information would
have been preferable,  the 1971 survey data  are  still  useful and
provide  important   information  about  distribution   of  birds
throughout  the  Sound.    The  survey was designed  as  an  index  to
migratory bird populations and  was not  designed to provide a total
population of the  study area.   Because  this study provides only an
index to migratory bird populations,  it will  not measure actual
numbers  of  birds  lost to  the  oil  spill,  but  will  document
displacement of birds and loss of habitat use.


Comment;  Use of  aerial  surveys  to provide census  and seasonal
distribution information for comparison with historical data from
1971 is inappropriate.  Without knowing data from the surrounding
years and being able to compare survey techniques used, it is not
likely that the 1971 data are  representative of the  earlier time
period  and  therefore  an  appropriate  set  of  baseline  data.
Population  status  could have been affected  by environmental and
other  unaccounted-for   changes  in the intervening  years,  which
cannot be segregated from the effects of the spill.  (ESC)

Response;  We agree that a direct comparison of post-spill aerial
survey data with 1971  aerial survey  data  may present problems in
identifying  other  intervening  events  or changes that  may have
affected bird distribution and  population.  The aerial survey data
provide valuable information on these parameters in  1989 and 1990
and  will  be  used  accordingly.   Survey dates  and methodologies
between 1971 and 1989/90 are similar.


                               D-54

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Comment;  It may be impossible to establish a causal relationship
between observed  changes and the spill.   Objectives  A.3 and B.3
cannot be met without long-term studies; they will be compromised
on account of the natural variability in waterbird and waterfowl
populations.  (ESC)

Response;   Information  from this  study  will  be  considered in
conjunction with  other  information  to determine causality of any
documented changes. Additionally, this study compares data between
oiled and unoiled areas.
Comment:  The study does not indicate whether the level of effort,
observer  experience,  or other  critical  factors   affecting  the
accuracy of the boat surveys will match those of earlier surveys or
whether a similar protocol will be used for collecting these survey
data.  Further, there is no way to  evaluate the reliability or the
methodologies  of  the earlier  surveys since they are contained in
unpublished reports.   (ESC)

Response;   Similar  protocols  to  previous  studies are  used  in
current surveys,  and  in all cases, through training and selection
of observers,  a high  level  of observer accuracy is assured.


Comment;  There is no discussion of count replication or any other
survey  strategy  for  achieving  a  95% confidence  limit,  and  it
appears that the sampling effort will not take into account natural
variability,   thereby potentially  precluding  comparisons  with
historical data.   (ESC)

Response;   The plans  for this study provide  information on the
number  and timing of  counts and  the  statistical  tests to  be
applied.


Comment;   The sampling design is  not sufficiently described for
review purposes.   (ESC)

Response;  The sampling design is described in  detail in the study
plan.


Comment;  The methodology used to identify the  presence or absence
of oil during the boat surveys is not disclosed and  it is not clear
that  other variables  that  can  influence bird distribution and
densities are  being recorded.   (ESC)

Response;  The presence  or  absence of oil is being determined by
use of available data sets on oil on water (ADEC and NOAA data) and
oil on shorelines.

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Comment;  The assumption in the aerial surveys that visibility bias
affecting surveys in different years with different conditions and
different observers is similar probably is not correct.  (ESC)

Response;  The assumption  by the reviewer that aerial surveys were
conducted during 1989 and 1990 under different conditions and using
different observers is incorrect.   The visibility bias is similar
because  the  same observers,  pilot/observers,  and  aircraft  were
utilized for both years.  Conditions (weather) were also similar in
that minimum weather  conditions  for conducting  the  surveys  were
strictly adhered to.  The timing was also similar  since each survey
in 1990 was accomplished within a few days of the date that survey
was done during the previous year.


Comment;  As  described, the study  does  not  take  into account the
sensitivity of eagle nests, seal and  sea  lion  haulout areas, and
seabird colonies.  The 150-foot ASL flight altitude in flights 200
meters offshore  appears to  be in conflict with the 1,000-foot
ceiling and the 1/4 to 3-mile  buffer zones established by the Fish
and Wildlife  Service,  the National Marine  Fisheries Service, and
the Alaska Department of Fish and Game.   (ESC)

Response;  Every effort was made to  minimize  the impact of these
flights to bald  eagle nests,  seabird colonies,  and  seal  and sea
lion  haulouts.   The  frequency  of   these  flights  resulted  in
substantially  less  potential  disturbance  than the  more frequent
flights  and  other  human  activity associated  with  EVOS  cleanup
activities.    Flight  150  ft  above  sea level  is  necessary for
accurate species identification.   The 200  meter offshore distance
was necessary for survey width  in order  to  duplicate Haddock's
aerial survey  done  in  1971  and also  to  cover  the same area being
surveyed by the boat crews.   Once the 400  meter survey width  (200
meters off each  side  of the survey aircraft)  was started,  it was
continued for continuity of the survey data throughout the study.
During 1990,  no surveys were  done during the eagle and seabird
nesting  period,  as surveys were  accomplished during  the  spring
(May)  and fall (October) .  Seal and sea  lion haulouts were given a
wider berth when possible.  Very little disturbance was observed on
the seal and sea  lion  haulout areas  during  the aerial surveys as
the aircraft were operated at  a reduced  power setting  (i.e., noise
abatement procedures)  in  order to  reduce  the  airspeed for survey
purposes.


Comment;  The Plan appears to  put more emphasis,  unjustifiably, on
the more variable spring and fall surveys.  (ESC)

Response;  Greater emphasis  is not  placed upon the spring and  fall
surveys than on  the winter  survey  which is considered to include

                               D-56

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the  most stable migratory bird  population.   If  any emphasis is
placed upon one survey over the other, it would be the winter and
spring surveys because those cover the time period of the initial
oil  spill.    The fall  survey usually  only  covered  PWS because
inclement weather encountered on the Kenai Peninsula portion of the
study area prevented complete survey of the Peninsula during both
1989 and 1990.
Comment:   The  statistical procedures  for data  comparisons are
vaguely  defined;  it is  not  clear how  spill  effects  will  be
estimated and tested.   (ESC)

Response;  As was previously stated, this survey is intended only
as an population index to cover the entire shoreline of the study
area.  It was not a survey of selected sample areas that would then
be extrapolated  out  into a total population  of  the survey area.
All surveys were done using time proven,  standardized aerial survey
techniques used  throughout the FWS for  surveying migratory bird
populations.


Comment;  It is not clear from the Plan how studies at Naked Island
reflect  on  injury elsewhere.   While these  studies may estimate
changes  in  local  density,  they  will  not  establish  a  causal
relationship between such a change and the spill.   (ESC)

Response; The availability of  pre-spill information  on  certain
species,  such as pigeon guillemots,  on Naked Island  provided a
valuable  opportunity   to   compare  pre-spill   and   post-spill
information.
Comment;  The ability to measure a change in marbled murrelets is
debatable; the available historical data from the 1979-81 era may
be less useful because of their age.   (ESC)

Response;  The boat surveys replicate counts made in previous years
and  will provide  information  on  changes  in  marbled  murrelets
populations from previous years.


Comment;  The proposed Kodiak Island transect surveys  do not appear
to have  any  baseline data for comparison.   If  this  is  the case,
this work cannot be used to determine  injury; it can only further
research.  (ESC)

Response;   The  Kodiak Island  survey  transects  (winter)  have 10
years of pre-spill  data.  There were no pre-spill summer surveys at
Kodiak and these surveys have been discontinued.
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Bird Study No. 3 - Seabird Colony Surveys

Comment;  It is unclear, given the apparent similarities of Birds
2 and 3, why these two studies were not combined.   (API)

Response;  Bird Study 2  deals  with distribution and abundance of
many waterfowl and seabird species in all habitats throughout the
year while  Study 3  concentrated on  seabird  colony numbers  and
reproduction.  They require very different methods and efforts.


Comment:   Comparison of  the  1990 and  1971  aerial data  may  not
indicate injury.  It is  unclear  how  effects of  oil spill will be
determined in this study.  (API,  ESC)

Response;   Bird Study  #3 did not  utilize information  from  any
aerial surveys.


Comment;   The use  of  the Semidi  Islands as a control  site is
inappropriate because these islands are not representative of the
habitat in the spill area.  They are relatively far removed from
many of the study sites and are affected by different oceanographic
conditions and environmental influences.  (ESC)

Response;  Evidence suggests otherwise.   If a control site such as
the Pribilof  Islands in  the  Bering  Sea  had  been  chosen,  these
comments might have had  some validity.   However,  the Semidis are
right  on the  edge  of  the  spill,  contain the  closest  and most
comparable large murre  colonies,  are  positioned on the continental
shelf in a similar fashion as the Barrens, have  exhibited similar
sea water temperatures,  and are in the same oceanographic regime as
the Barren Islands, if not that  of PWS.   In  addition,  there have
been feeding studies of  diving alcids and the food they bring to
their young which support this  comparison.  The Semidis  are one of
the few  close  sites in the Gulf of Alaska where we have a more
continuous  string  of   yearly data   on both  murres   and  their
reproduction.


Comment:  It is unclear  whether the proposed census study properly
accounts  for  the diurnal variability in nest attendance  of  the
various  species  that occurs  even during the stated study hours.
(ESC)

Response;  A number  of  studies have demonstrated  that day-to-day
variability  is more of  a concern  when determining  an adequate
degree of precision than hourly or diurnal variation, provided that
the hourly variation by  censusing  at certain  hours is minimized.
The stated  study hours  are  the standards used at this  time in
Alaska.

                               D-58

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Comment;  The use of boat- and land-based surveys is problematic;
the  different  levels  of  reliability of  these surveys  may make
comparisons questionable.  (ESC)

Response;   Boat-based surveys  are being compared  to boat-based
surveys and land-based are compared with land-based at particular
sites, thereby coming  up  with consistent comparisons of relative
indices.   One type  of survey may  be preferable if  choices are
available since precision of  estimates  will be easier to refine,
but standardized methods  and enough replicate counts on different
days will refine precision enough for either method to evaluate the
large degree of change that is apparent at this time.


Comment:  Much of the historical data  is too  dated to be valid.
Its  use  will limit  the  Trustees'  ability  to  measure population
change for some species and will make difficult any link between
change in population status and the spill.   (ESC)

Response;  If Bird Study 3 only concentrated its effort  on one site
where there were gaps in the historical  baseline data, there would
be more concern with this  issue.  Instead, the approach  has been to
look at many different  sites and several different species, some of
which have a much  better historical baseline of data, with the idea
that any effect caused  by  something other than the oil spill should
show up at other  sites and with other species in some consistent
pattern.   This certainly would be true for any  large degree of
change, if not small changes.


Comment;  Statistical  models  are too vaguely defined.   It is not
clear how the effects of EVOS will  be determined, particularly
given  the natural  variation  due  to  time  and  locations.    The
probabilities of Types I  and II errors are not given.  (ESC)

Response;   This  project  has  done no  modeling.   This  study has
relied on the advice of highly regarded professional statisticians
who have  looked  at our data  and treated them appropriately with
programs such as  SAS.  Fieldwork has  attempted to refine precision
of  estimates  with  as many   standardized   replicates  as  field
conditions will allow.

Bird Study No. 4 - Bald Eagles

Comment;  Bird surveys indicate that  species density and diversity
are  returning  to pre-spill norms;  eagle surveys show more than
1,000 active nests in previously oiled areas with normal numbers of
live chicks, and  the subsistence study indicates that eagles' food
supply and habitat are no longer in danger.  This evidence should
have been taken into account in the Plan.   (ESC)

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Response;  Pre-spill norms for bald  eagle  density or of density,
distribution, and diversity of prey are essentially unknown.  FWS
surveys found something less than 1300 bald eagle nests in the area
of PWS that were  surveyed.  The  survey area included portions of
eastern PWS  and  areas not oiled  in  western PWS.   Many of these
nests were not active  and many of  the  nests that  were  active in
the early part of the breeding season were not successful.  To say
that there were  1,000  active  nest  in previously oiled areas does
not consider all relevant data.


Comment;   The  eagle  studies  should  be  discontinued  given  the
results of the 1990 surveys indicating the rapid recovery of this
species and the health of its habitat.   (ESC)

Response;  Although 1990 surveys  indicate eagle populations may be
recovering from losses  suffered in 1989, complete recovery may take
several years.  Long-term effects  of losses of  breeding and sub-
adult eagles,  the 1989  reproduction, and the progeny of these birds
that were lost due to  the spill  will not  be evident  for at least
one generation of eagles or 5-6 years (the  time it would have taken
for  the lost  progeny  to  be recruited into the population  as
breeding adults).


Comment;  It is not clear that this study has addressed potential
impact of radio tagging and the taking of blood from bald eagles.
(API)

Response;  Radio-tagging of bald eagles with transmitters similar
to the  ones  used  in  this  project has never been shown  to have
detrimental effects on study  birds.  Transmitters weighing up to
90g have been used in other studies,  while those used in PWS weigh
only 60g.  To  date no  transmitter or harness-related mortalities
have been documented.   During this study a  maximum  of  13cc of blood
was drawn from captured eagles.   Studies by  Dein (1986) and Cooper
and Eley  (1979)  indicate up to 47cc  may be taken without harmful
effects to eagles.


Comment;  Bird 4's use  of eagles from the Copper  River Basin in the
survival and  productivity  research  is  inappropriate since eagle
demographic  data from  that  area  (differences  in habitat,  food
supply, and the  timing of egg-laying) , which is well outside the
zone of the spill's impact, is not relevant to the determination of
injury.  (ESC)

Response;  It is  currently unknown where all eagles from  the Copper
River Basin winter.  One objective of this  study was to determine
if birds from the Copper River were potentially impacted  by the oil
spill.  Only one eagle  from the Copper River was radioed in 1990.

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This eagle is currently wintering in PWS.  It is  important to study
areas  adjacent to  PWS for  potential  oil-related  impacts since
eagles range widely.


Comment;  The population survey, radio-tracking, and productivity
survey components of  this  study are research-oriented and should
not be included in the Plan.  (ESC)

Response;  Without studying the  population and productivity trends
of bald eagles in PWS it is impossible to identify impacts of the
spill.  By comparing trends between oiled  and unoiled areas within
a similar geographic  region,  variation in environmental and prey
base  conditions  are  minimized.   In addition,   without radioing
individuals, it would be unknown  which areas have been impacted.
For example, oiled material was  found in one nest distant from oil
impacted beaches.   It is  also important to identify how  far eagles
range to determine which areas may have been affected by oil or if
eagles  from  oiled   areas  are  moving  to  areas  with  cleaner
shorelines.  Radio-tagging also yields information on survival of
eagles from oiled areas vs.  eagles from unoiled areas within a
similar geographic  region.   The  location of radio-tagged eagles
found dead  is  useful  in  calculating how many eagles may actually
have  been  killed  as  result  of  oil  spill.    In addition, radio
telemetry is useful in validating  population surveys by  helping to
evaluate potential biases such  as seasonal movements of eagles.


Comment;  It is not  clear whether Objectives A, B, and C  can be met
to the degree of accuracy and certainty stated in the Plan.  Even
if these  objectives  can be met,  the  poor  understanding  of the
baseline may hamper injury determination efforts.  (ESC)

Response;  The survey of resident bald eagles as  well as objectives
B and C were met  in 1990 by following  the procedures outlined in
the proposal.  Wintering bald eagle surveys were determined to be
unfeasible due to weather  conditions.   We believe comparisons of
surveys conducted  in  1982  to  those from the  current  study are
valid.  Procedures  established  in 1982 were followed in 1989 and
1990.  All population plots randomly selected in  1982 were flown in
1989 and 1990.  In addition, the shorelines of all islands in PWS
were  surveyed  in  1989  and 1990.   By  surveying all  shorelines,
populations can be  analyzed on a micro scale  (i.e.  eagles/km of
oiled vs.  unoiled  shoreline)  as  well as on a macro scale (east vs.
west PWS in 1982,  '89,  '90).  Continuation  of these surveys will
provide documentation of trends since 1989.   Since 1982, with the
exception of  the  oil  spill,  we see no reason   for a  decline in
productivity or densities of bald eagles in  PWS  as data  from other
parts  of  coastal  Alaska  indicate bald  eagle numbers  have been
increasing.  Populations have undoubtedly been  increasing in PWS
since the bounty years, and prey species such as pink salmon have

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increased in abundance due to growing hatchery production.


Comment:  The highly weathered and non-toxic state of EVOS oil in
1990 suggests that costs and capturing activities associated with
Objective  D  are  not   warranted.     Short-term  reductions  in
productivity have little affect on eagle populations.  (ESC)

Response;  There has never been an oil spill of this magnitude in
an  ecosystem  similar to that  of PWS.   The long  term sublethal
effects  of  North Slope  crude  oil are  unknown.    Currently,  too
little is known about the survival of  all age classes of eagles to
create an accurate population  model.   Therefore,  the  effects of
short term reductions in productivity in  this  long-lived species
are unknown.
Comment;  The 1982 baseline data is too dated to be valid and may
not reflect pre-spill  conditions.   There is no  assurance in the
Plan that the data to be obtained in this study will be collected
in a fashion similar to that of  1982.  Other environmental factors
may have affected eagle populations  since  1982,  so the study may
not be  able to  demonstrate  that a  change in  eagle  populations
between the two sets of data is spill-related.    (ESC)

Response;  Population surveys conducted during this study have been
conducted in the same manner as  those in  1982 (Hodges et al. 1984)
as described  in the review plan.   Surveys plots,  aircraft,  and
experience levels of personnel  were similar.  There has  been no
cause for  a  major decline in eagle  populations  between  1982 and
1989 in PWS,  and the population  should be stable  or expanding.  We
are also  comparing  areas of  oiled  and  unoiled  shoreline within
similar  geographic  regions to  examine  relative changes  in  the
numbers and densities of eagles attributable to the spill.


Comment;  The locations of the oiled and control sampling areas for
the population surveys  are not described and there is no indication
of criteria that will be used to distinguish these areas.   (ESC)

Response;  Sampling areas  vary depending  on what  is being sampled.
Some sampling areas for this study are based upon the location of
nest  sites,  and  the amount  of oiling  along  shorelines  in  the
immediate vicinity of  the nest  can  be determined by reference to
maps developed by ADEC.   Sampling areas  for free flying birds is
also based upon  where  they are found.   The  oiling status of the
trapping  site  is,  of  necessity, a  more or  less well  quantified
measure  due  to the  mobility  of the  eagles.   Eagles  trapped in
eastern  PWS  were  considered  to  have been  from  unoiled areas.
Eagles from  areas  such as Northwest  Bay were  considered  to have
come from oiled areas.   Eagles from  locations such as the southern

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shore  of Green  Island were  identified as  coming  from unoiled
shorelines as  most shoreline in  the area was untouched by oil.
This  conservative  approach  raises  the  likelihood that  eagles
exposed to oil were included  in  the pool of birds considered to be
from  unoiled  areas,  but  this  strengthens  the significance  of
differences that may be observed.


Comment:  Plot selection criteria are  not  described adequately;
plot selection methodology and  number of plots are needed for a
proper review.   (ESC)

Response;  For population surveys in  PWS, all island shoreline was
surveyed along with  23  randomly selected  mainland  plots.  All of
Kachemak  Bay  and 14  random plots  were  counted  on  the  Kenai
Peninsula coast.   Methods were those described in Hodges  et al.
(1984) .


Comment;  The inclusion of areas well outside the spill area, such
as Malaspina Glacier, is questionable.  Acquisition of such data is
more in the nature of research than damage assessment.    (ESC)

Response:  As  stated previously,  it  is  unclear how large an area
was impacted by the spill as eagles may range widely.  Therefore,
it is necessary to sample areas with historical data distant from
the immediate  spill area.


Comment;   Comparison of  eagle  productivity in widely separated
areas such as  PWS and Southeast Alaska is invalid.   (ESC)

Response; Habitat and environmental conditions  in southeast Alaska
are similar to PWS,  and long-term research in southeast provides a
useful body of information for comparison.   In addition, effects of
the spill  in areas  adjacent  to PWS were unknown,  and southeast
Alaska provided a safe control for some aspects of this study.


Comment;  The  application of "home range" implies two assumptions
that may  not be correct:  one  is that the  level  of  use  of the
shoreline is constant throughout the home range; the second is that
eagles lack the ability to avoid oil.  (ESC)

Response;  We  defined a biologically meaningful  "core use area"
around active nests as the average length of shoreline  in front of
each nest  used by  the resident  radio  tagged  eagles  during the
nesting  season.    Telemetry  indicated  that  eagles  with  oiled
shoreline in their core use  areas continued  to utilize this same
area.    Relative use of oiled and clean areas within  a core use
area is not possible  to determine. Assuming acquisition of food is

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the primary motivation for coming  into contact with oiled beaches,
eagles are  not likely to  differentiate  between clean  and oiled
beaches or prey.


Comment;   The comparison of survival between 15 adult eagles from
oiled and 15 adult eagles  from unoiled areas  employs too small a
sample to ensure that  random  samples across the age structure of
the population are obtained.  (ESC)

Response:  Adult  eagles  are of indeterminate age and nothing is
known about  the age structure in adult bald  eagle populations.
With no knowledge of  age  structure in the population, it cannot be
stated that the sample is  too small.  Individuals  in a given age
class have an  equal  probability of being  captured,  while younger
year classes  have a higher  probability  of  being  sampled given
consistent annual  mortality.   Age structure  is unlikely  to be
different in eagles trapped in east vs.  west PWS.


Comment;    The  radio-tagging  program does not  account  for  the
natural dispersal of  immature eagles and could potentially increase
the risk  of mortality to fledglings, thereby creating a bias  in the
study.   Also, there  is no explanation of how the failure of radio
tags will be taken into account.    (ESC)

Response;  It  is undoubtedly  true that the dispersal of juvenile
eagles increases their risk of mortality  compared  to adults,  but
the  risk  is  not associated with the   natal  area  in  normal
situations.   We are comparing  survival of juveniles from oiled and
unoiled areas that are  subject to the same  risks with the exception
of the pollutants  in the  oiled area.  Radio failures are equally
likely for either group.   Literature on the Kaplan-Meier procedure
cited in  the  study  plan  (Pollack,  1989)  discusses  how missing
transmitters are "taken into account".


Comment;   The oiled  and non-oiled sampling areas for the survival
study are not described adequately to allow proper review.  (ESC)

Response; Sampling areas are based on the  occurrence of successful
nests and  where adults  are  found.   Obviously, these  cannot be
determined until they are observed in the  field.  Of the 71  chicks
radioed,  41 were from areas potentially impacted by  oil  (west PWS)
and 30 were  from known clean areas (east PWS).   37 adults were
captured in west PWS  while 29  were captured in east  PWS.  Specific
oiling status is determined as described above.   Survival estimates
will be calculated on macro (east vs. west PWS) and micro  (oil in
vicinity vs. no oil  in vicinity)   levels.
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Comment;   Neither the number  of  blood samples nor  the means of
selection  of the  individual  eagles to  be tested  was provided.
(ESC)

Response;   The number  of blood  samples  taken was  equal  to the
number of adult eagles trapped  and from which a sample of blood was
obtained.  Fifteen individuals were selected from dispersed areas
in west  and  east  PWS.  We trapped eagles  in  west PWS  from areas
with oiled shorelines.  Subsequent radio telemetry of trapped and
released eagles further defined potential exposure to oiling.


Comment;   The  post-mortem changes  evident  in  dead  eagles may
invalidate  the  results  of  hydrocarbon   analyses  performed  on
recovered carcasses.  (ESC)

Response:  Post-mortem  changes in eagles  from oiled and unoiled
areas are  unlikely to  be different.  Determination  of  causes of
mortality are being made by highly qualified professionals who are
eminently qualified  to  determine whether  the analyses performed
provide reliable data.

Comment;   The  oiled  and  control sites for  the  toxic/sublethal
effects portion of this study are not  described  sufficiently to
permit review.  (ESC)

Response;  See  response to similar comments  above  vis-a-vis the
population surveys and survival study components of this study.


Comment;  Statistical models  are too vaguely defined.  Study sites
are  neither  disclosed   nor   described  adequately,   and  the
probabilities of Types I and II errors are not given.   (ESC)

Response;  Statistical  models  mentioned in the plan are routine
tests presented in statistical texts.   Study sites are discussed
above.   It is accepted statistical practice to set  the Type I error
at 5%, termed "significant", or at 1%, termed "highly significant".
Type II  error will be evaluated in  consultation with statisticians.

Bird Study No. 11 - Sea Ducks

Comment;  Better explanation is needed of the correlation between
hydrocarbon  intake  and   increased  mortality  and  reproductive
failure.  There will be  no real measurable  data on effects without
this. Objective A seems unattainable given the scope and design of
the program.   (API, ESC)

Response;  Increased  information on   the  correlation  between
hydrocarbon intake and increased mortality and reproductive failure
is needed and will be  gathered  in  1991.   Objective A  is attainable

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and is well  underway.   Food items from collected  ducks  have all
been identified  and  the information entered into  database files
awaiting statistical analyses.


Comment;   The statement  in the Plan that seaduck collection will be
integrated with  other data to demonstrate that  seaducks  feed on
contaminated prey reveals a bias in the study.   (ESC)

Response; Seaduck collection was  integrated with sample  sites of
blue mussels  in  exposed and unexposed areas  of PWS to  test the
hypothesis that  seaducks are exposed to  petroleum contamination
through their prey base.


Comment;   Given the number of ducks to be collected in this study
in 1990  and  the  fact that waterfowl hunting is  still  permitted,
seaduck populations must be healthy.   Thus, there  is  a  question
about the  cost-effectiveness and  reasonableness of this  study.
(ESC)
Response;  The  presence  of a huntable surplus of  ducks does not
mean that significant mortality did not occur and, therefore, that
injury from EVOS did not occur.


Comment;   The study and control sites within PWS are not defined,
the methodology  used in  selecting the individual  seaducks to be
collected at each site is not described, and the number of samples
to be collected at the control sites  is not given.  The relatively
small sample sizes will not justify the planned statistical work.
(ESC)

Response;  The exposed study site  is  the oil spill area of western
PWS.  The PWS control site is a series of bays and inlets north of
Cordova in the unoiled area of the eastern Sound.  Ten individual
seaducks of each species  per site  is  considered the optimal sample
size.  It  is adequate to obtain  information needed  but will not
exert undue  population pressure.   Statistical  interpretation of
small sample sizes has made considerable progress in recent years.


Comment;    The  use  of a  control site  in  Southeast  Alaska  is
inappropriate since  that  area is  not representative of the spill
zone.  (ESC)

Response;    Use of  a control site in  southeastern  Alaska  is
appropriate because intertidal habitats, where these ducks  forage,
are similar to PWS.  Intervening  sites along the North Gulf Coast

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(Icy Bay, Yakutat Bay) had naturally occurring oil seeps and were
deleted from consideration.


Comment:  The predictive models for estimating the effect of oil on
morbidity, mortality,  and reproductive potential are not described.
It will be subject to a large degree of uncertainty on account of
the ranges of reasonable variables used  for  input.  The use of a
model in this fashion represents  use of  a non-standard technique
for  injury  determination  that  is   not  widely  accepted.    This
violates the NRDA regulations.  (ESC)

Response;  The  study  has evolved away from  the predictive model
postulated  at   early  stages  of  the  investigation  into  actual
documentation of morbidity, population decline, and reproductive
failure.
Comment;   Integration of data from other studies likely will not be
possible due to the high degree of spatial variation present even
on a small scale.  (ESC)


Response;    Integration  of  data  from  a  study  of  petroleum
hydrocarbon  levels  in blue mussels  and other  intertidal forage
species is possible and is proceeding.
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FISH/SHELLFISH

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                                 is - General

Comment;  Fish/Shellfish studies 2, 5, 7, 8, 10, 17,  23,  27, and 28
will  provide data  that  may be  useful for  long-term  goals of
managing Prince William Sound, but are not  directly  related to oil
spill impacts.   (ESC)

Response;   These studies  have components that  will demonstrate
exposure of  fish and shellfish to oil  (observations of oiling),
bioavailability  (hydrocarbon and mixed function oxidase analysis),
or injury to  individual organisms (histopathology).   Taken together
they are structured to determine damage to fish stocks.  Damage due
to  the  oil   spill  may  require  management  actions that  would
otherwise not have been necessary and  ancillary benefits  improving
the management of stocks in general may result from these studies
as  there are  ancillary  benefits  for  many  kinds  of  scientific
studies; however that is  not the primary reason  for  conducting
these studies.
Comment;  Despite more complete descriptions for the 1990 studies,
there are  still  problems with the changes  these  studies seek to
measure.   (API)  Details are inadequate to support a comprehensive
review  of  study design,  field  methods,   or interpretation  of
results.   (ESC)

Response;  It is impossible to respond to unidentified problems or
inadequacies.   Each study is followed  by a reference section of
literature  in the  public domain from which the  study designs,
methods, and  likely avenues of interpretation were derived.


Comment;  Results of the  1989-90 subsistence program conducted by
NOAA, ADF&G,  and Exxon provide evidence that fish from the spill-
impacted area do not contain hydrocarbons above background levels.
(ESC)

Response;   This  statement is not  entirely consistent  with the
results  obtained to  date.   The subsistence  tests  focussed on
hydrocarbons  in edible fish tissues; however, fish (unlike clams)
have physiological pathways by which they process hydrocarbons into
forms soon unidentifiable  as  having originated from the EVOS  (the
fish themselves are largely composed of hydrocarbons).  This does
not mean that the fish have not been harmed by exposure to oil in
either a short or a  long term fashion  nor that this harm cannot be
assayed by means other than hydrocarbon analysis.


Comment;    Except  for  those  shellfish collected  from the few
obviously  oiled  areas, there are no  problems.   Even  those few
present extremely low risk for consumption.  (ESC)

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Response: It is unclear whether the first statement applies also to
the  general  health of the  shellfish  or only to  the question of
human consumption.   Shellfish containing hydrocarbon levels that
would pose a risk if consumed were identified  in certain areas.
The NRDA  shellfish  studies  are  designed to assess impacts of the
EVOS  on  the  mortality  rates   and   general  health of  certain
shellfish.   It  is well documented that the Amoco Cadiz oil spill
had a severe impact on shellfish  in Brittany, France, and similar
impacts could be expected here.


Comment:  It is not apparent how the results of the fish/shellfish
studies will provide  data useful for  the restoration effort. The
lack of significant  injury  as shown by the record fishing season
and the population management focus of many of the studies will not
guide  a  reasonable   restoration strategy  if  restoration  is
warranted.   (ESC)

Response;    It  is  impossible to restore anything  until  it  is
understood  what  has  been   lost.    The  fish/shellfish  damage
assessment studies  are  designed to  identify injuries to  these
resources and  provide  the  basis for  restoration actions.   The
record  fishing season  was  largely a  function of  good hatchery
management  and  does  not  necessarily  reflect   returns  to  any
particular oil-impacted stock, particularly wild  stocks.  Complex
population management  of the fisheries was in place prior to the
oil  spill,   and management  changes  needed  for  restoration  as
revealed by these studies will have a very solid  historical basis
on which to build.
Comment;    No  information  is  provided  describing the  reasons
certain  studies were discontinued.   Without access to  the data
generated during 1989,  it is impossible to determine whether  or not
these decisions were justified.   (UM)

Response;   Some  studies were  completed and  some did  not show
sufficient likelihood of demonstrating injury to justify continued
investigation.


Comment;  Other than analysis of gut contents, almost none of these
studies  (the  rockfish  studies  being a notable exception) address
key  predator/prey  interactions,   and many  do not even   assess
reproductive status of the adults.   (UM)

Response;  Fish/Shellfish studies being conducted were designed to
get the most information for determining injury with the available
funding.  Fish/Shellfish  4 addresses predator/prey relationships
between juvenile salmon and harpacticoid copepods.  Other studies
address  broader predator/prey relationships.   Histopathology in

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some studies will touch upon reproductive status of the adults even
though  this is  not  the primary  focus of  the study.   Observed
recruitment  will define  ultimate reproductive  effects  in  some
studies.
Comment;  Many of the studies have inappropriate reference lists.
Some studies list almost no references,  some have reasonable lists,
and  some  list large numbers  of reports, many  only tangentially
related to the particular study.  (UM)

Response;     Some  of  the   areas  being  investigated  received
considerable  attention  before  the  oil  spill  and  some  were
essentially  new  ground.    Thus,  there  were  many  references
appropriate for  some  studies and few for  others.   In accordance
with accepted scientific  publication practice, a reference section
is only a list of all  of the authors and their associated papers
mentioned in the  preceding text.  Those  must be listed if mentioned
in the text whether the paper has a great deal of significance to
the study or not.


Comment; There is convincing  evidence  that fishery resources are
vital and  productive:  no  fish kills were  reported in  1989 and
commercial herring  catch rates  and pink salmon  harvest reached
record levels in PWS in 1990.  This evidence should be taken into
account in the Plan.    (ESC, API)

Response;  Though dead adult rockfish were reported in 1989, many
fish  suffering  oil-induced  acute mortality, particularly  small
fish, would probably sink or  be consumed by  predators.  Ultimate
injury to the herring population will not be evident until the 1989
year class becomes susceptible to fishing or enters the spawning
population in 1992.  As noted above, the record pink salmon harvest
was  largely  a hatchery phenomenon and was not  reflected in wild
stock returns in 1990.
Comment;   Many fish  and shellfish  studies  are too  general for
damage assessment purposes.  (API)

Response;  The Trustees disagree.  The studies have been carefully
peer reviewed and tailored to address injury assessment.


Comment;  Studies are uncoordinated  and perhaps repetitive.   (API)

Response;  The Trustees  disagree.   Every effort has been made to
assure  that  the  studies  are  complementary;   the  studies  have
undergone extensive peer review and synthesis processes.


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Comment;  The tagging of juvenile fish will cause stress that will
result  in physiological  changes and increased  mortality.   The
invasive techniques will create injury to the resources.   (API)

Response;  The tagging  process  has  been exhaustively studied and
reported in the fisheries  literature for many years.  Coded wire
tagging  possibly  has  the  least effect  on   fish  of  any  method
employed.  CWT associated  mortalities are extremely small.  This
technique is so well understood and successful that many millions
of salmon and steelhead are tagged by this method every year along
the Pacific coast  of North America.  Nevertheless, the methods for
all  of  the  studies  employing  tagging  include  techniques  for
estimating tagging associated mortalities. Impact on the resource
is negligible.


General - Sublethal and Chronic Effects

Comment;   Expensive  studies focusing  on sublethal  and  chronic
effects are problematic.   Results found may  not  be the result of
oil, and may be due to natural causes or the capture and handling
of the fish.   (API)

Response;   Many  of the  individual assays  may not demonstrate
changes  pathognomonic  for  Exxon  Valdez  oil.     However,  the
combination of the results from these several types of assays may
lead to the conclusion that the injuries observed were due to the
EVOS.  Changes due to capture and handling are  distinguishable from
oil-induced changes.


Comment;  Many of the 1990 studies rely on  non-specific  or non-
standard indicators to correlate evidence of hydrocarbon exposure
to  presume  population  impacts,  which  will not  bear technically
conclusive  results.    Examples  of  this  include:  biochemical
measurements   of   bile    fluorescent    aromatic   hydrocarbon
concentrations and enzyme level changes  in fish,  which are highly
variable in nature  (Fish/Shellfish 18 and 24).  (ESC)

Response;  Assays of  this  nature employ appropriate and adequate
controls  in  order to produce  meaningful results.    The Trustees
believe that the results of the assays will be conclusive.


Comment;   The Plan contains studies designed to  do scientific
research that will  not  lead to  identification of  injuries.   The
costs of such research  should  be funded by alternate means since
they cannot be recovered under  the  NRDA regulations. Examples of
this include: the use  of  mixed function oxidase  levels  in fish
tissues  to  assess  hydrocarbon  exposure - this  is  an unproven
technique  that  has  yielded  greatly  varying  results  between

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different  life  cycles,  seasonal  factors,  and food  sources;  and
Fish/Shellfish  13's  use of mussel  tissue to  assess hydrocarbon
contamination   -  in   particular,    to   determine   hydrocarbon
concentrations,  pathways, and effects.  (ESC)

Response;    The  Trustees  disagree  with  the  first  statement,
particularly  in  reference to  the   examples  cited.    MFO  and
hydrocarbon  analyses are  recognized  scientific  techniques  for
demonstrating hydrocarbon contamination.  When combined with other
analyses in the  studies  these produce reliable evidence of injury.
It is well established in the toxicological literature that MFC's
are produced as  a response  to hydrocarbon exposure.  MFC's, though
a defensive mechanism, often convert these hydrocarbons into more
toxic substances  than  the  original compound and  create ultimate
carcinogens.  Thus, these hydrocarbons can have  acute toxic effects
and  long  term  mutagenic  effects.     Assaying  for  MFC's  and
hydrocarbons is  clearly appropriate for identification of injuries.


General - oiling Levels

Comment:  The Fish/shellfish studies  contain  a fundamental flaw:
their designs are based  on  detecting differences between oiled and
non-oiled areas that cannot necessarily  be  attributed  to the oil
spill.   Many of the  study designs  have statistical problems in
identifying the effect  of  oiling, physical  location, and timing.
Too  little consideration  has  been  given  in  these studies  to
distinguishing effects of the spill from natural factors that can
influence population  sizes,  productivity,  or  physiology.   (ESC,
API)

Response:     Statisticians have  reviewed the  studies  and  have
determined that  the methods will take into account variables due to
natural variation and other factors.


Comment:    It  is unlikely  that the  sampling  design  of  the
Fish/Shellfish  1,  3,  8, 18,  22,  and  28  will  be able  to relate
observed  biological  responses  to  any  particular  hydrocarbon
concentrations since  the areas to be sampled represent a wide range
of hydrocarbon exposures levels.  (ESC)

Response;    These studies are  not   intended to  be  carefully
controlled  laboratory experiments.    They  are not  bioassays to
estimate a given  concentration  of oil in water.   There are other
tests by which  we  are attempting to  do that.   The Fish/Shellfish
studies were  designed to determine  the injury done  to  fish as  a
result of the EVOS.


Comment;  Many  studies  are based on  the development of data from

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oiled and  control sites.   Inadequate  information  is provided to
document that control sites are ecologically similar  to test sites
to establish baseline information.  (ESC)

Response;   The control sites were carefully selected in order to
accurately  determine the  differences  between oiled  and unoiled
sties.   Their  use is not  intended to  provide pre-spill baseline
information.
Comment;  The criteria used to select stream and sampling sites for
the Fish/Shellfish  studies  do not include  the evaluation of the
level of oiling.  Some quantitative method of assessing the degree
of oiling should be included in the site selection criteria since
these studies are designed to evaluate the effects of oil on egg-
to-fry survival.  (ESC,  API)

Response;  Quantitative  assessment of  oiling was not possible when
most sample  sites were  selected.   Criteria  were usually based on
visual  observations followed by  quantitative  assessment  of the
levels of oiling.   In some  of the streams  involved in the egg to
fry survival studies,  oil has penetrated deep into the substrate.
In  some cases,  fry  incubating  in the gravel may  be  adversely
affected by chronic exposure to low levels of oil leaching out of
the gravel.


Comment;   A  large number  of  salmon spawning areas have  been
retained  for additional  study,  yet  evaluation of the  level  of
hydrocarbon contamination is limited to the  visual presence of oil
and the  hydrocarbon  content  of bivalves at  the mouth  of these
streams and rivers.   (UM)

Response;  As noted above, great care  is being  taken to accurately
quantify levels of hydrocarbon contamination.  Whenever possible,
several  means of estimating  the  presence  of  oil  are  compared.
Bivalves are good indicator organisms because, unlike fish, they do
not  possess  an  MFC—like   system for   ridding  themselves  of
hydrocarbons.  Thus  the  presence of hydrocarbons  in  bivalves
provides an additional  indicator  on the  level  of oiling to which
other organisms were exposed.


General - Variable Methodology

Comment;  The level of  detail and justification  provided in the
Fish/Shellfish  studies  is  extremely  variable.  Frequently great
detail is given on the methods employed without any discussion as
to the significance of the measurements to be made.  (UM)
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Response;  Specific questions about the methods or the significance
of the measurements should be directed to a particular study.


Comment:    The  methodologies  used in  the various  studies  seem
highly variable.   Analysis of  parent   hydrocarbons in tissues of
organisms  capable  of  rapid hydrocarbon metabolism  is  of limited
value. Most  fish  and many crustacean  species at developmental
stages from larvae through adults fall into this group.  (UM)

Response;   Hydrocarbon  analysis  of  organisms  that can quickly
metabolize them is of  limited utility  unless samples are collected
very  soon  after exposure or there  is a potential  for continued
exposure.   Where neither of these is the case,  other methods for
establishing injury from exposure to oil are employed.  The variety
of methods reflects these considerations, among others.


Comment;   Several methods are available to assess metabolite body
burdens and effects.  In some  studies these are mentioned but in
others they are  not,  and there is no explanation  given for this
apparent inconsistency.    (UM)

Response;  See response to comment above.


Comment;   Different methods are being  used to assess a biochemical
measure of hydrocarbon exposure (induction of cytochrome P4501al).
In some cases analyses will be done on formalin fixed samples, in
others on subcellular  fractions of fresh tissue.  No information is
given that would allow an evaluation of whether theses methods will
produce comparable results.  (UM)

Response;  The  appropriate controls  should  allow  for comparable
results.    Because the  method  of  sample preservation  limits the
kinds of assays  performed, the particular  method chosen for each
study that is assaying cytochrome P450 is somewhat dependent upon
the other types of assays that will also be performed on the same
samples.


Comment;  Testing procedures are inconsistent.   Mixed, fixed, and
nested effects  models are planned  for data from  the  same field
sampling protocols.   In most  cases  the appropriate testing model
was not determined before taking samples.   (ESC)

Response;   While  general comments  like this  are  difficult to
address, the Trustees do not  believe  that testing procedures are
incorrect  nor  do  they  need  to be  consistent  from  one study to
another if the goals  for each  study or analysis are different.


                               D-74

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Comment;   Error terms  for testing are  infrequently documented.
Often the proposed error term is incorrect.  (ESC)

Response;   Without  specific  examples,  this  comment  cannot  be
addressed adequately.


Comment;  Procedures  for  estimating the  total  effect of oil over
the area impacted are not described.   Estimates are likely to be
biased and highly variable.  (ESC)

Response:   To  the  extent  that this  is possible,  the combined
results of all NRDA projects, not just  the Fish/Shellfish studies,
will achieve this.  Because a variety of life forms over  an immense
area were affected,  only an approximation will  be  possible.  Every
effort has been made to provide consistency among the NRDA studies.


Comment;   Clark  and Bernards'  procedures, as planned  for  the
tagging studies, are  inappropriate and will reject the hypothesis
of no effect too often.  This is true for  Fish/Shellfish  studies 1,
2, 4, 5, and 11.  (ESC)

Response;  Clark and Bernards' procedures are not planned for any
of the studies  indicated.  Where these procedures are being used,
we believe they are appropriately applied.


General - Natural Variability

Comment;  The Plan does not make clear  that  sampling  programs will
produce  information  necessary  to prove   that  a   statistically
significant portion  of  the expected biological variability is a
function of hydrocarbon contamination as opposed to  other natural
factors.   Fish/Shellfish  1, 3,  8, 13,  and 17 suffer  from this
defect.  (ESC)

Response;   Appropriate  controls and continued  sampling in post-
spill years will address this concern.  However, the premise  is not
that  the  observed  biological  variability  is  a  function  of
hydrocarbon  contamination  in  each case;  rather,  if  biological
variability is a function of hydrocarbon contamination, our methods
will  allow us  to distinguish  this from  variability  caused  by
natural  factors.    The  studies  are  observational rather than
experimental.


Comment;   Most of the  Fish/Shellfish  studies  do not adequately
account for  the fact that there was  substantial variability in
resource levels before the  spill or  the  fact that there  is no
reliable  baseline data.    Thus,  the  statistical  detection  of

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differences  due  to  oiling  will  not  be  possible.    This  is
particularly true of Fish/Shellfish 3, 8,  15,  and 17.  (ESC, API)

Response;  For any study in which substantial random variability is
expected,  an  increase in  the number of  sample sites and sizes
improves the statistical power of the test.   For those studies in
which  variability  is  expected  to be large,  statisticians have
determined the number of sites and the number of samples necessary
to demonstrate oil-related variability.  Some of the observed pre-
spill variability for  which there is baseline  data  was  harmonic
area-wide.  An absence  of  harmonic variation would  point to EVOS
effects. A return to harmonic variation would be expected as the
area recovers.
Comment;   It will  be impossible to  develop sufficient  data to
describe the  subtleties  of historical population dynamics  or to
relate any potential response to extremely low hydrocarbon levels,
as these  factors  are not well understood by fisheries managers.
This is true in  Fish/Shellfish 3, 4, 5, 13,  17,  and 27.   (ESC, API)

Response;  Some of the populations being examined lend themselves
very well to the study of subtleties of historical dynamics.  There
will be some  level  of hydrocarbon  exposure  that will not produce
observable effects.   Examining fish with low  levels of exposure as
well as those fish with hydrocarbon  levels that produce observable
effects will help estimate the total injury to fish and shellfish
as a result of the EVOS.
Comments on Fish/Shellfish Studies - Specific

Salmon Studies

Comment;   The  1990  adult pink  salmon  catch  consisted  of fish
present in PWS  as  sensitive  juveniles  in April 1989.   The record
catch in 1990 provides convincing information regarding the lack of
injury  to this  population.    The  need for  extensive  study  of
potential oil impacts has been obviated.  (ESC)

Response;   The record catch  was  largely a hatchery phenomenon not
necessarily paralleled by wild  returns.   Among  other factors,
hatcheries' net pens were  shielded  from the oil by booms or were
outside the spill area and  their fish were able to spend a month or
longer  in  this protected saltwater environment  before they were
released.  Wild fish did not have those  options.  PWS pink salmon
are not a single population and,  therefore,  hatchery successes and
failures are not the only criteria by which to determine the effect
of the EVOS.
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Fish/Shellfish Study No. 1 - Salmon Spawning

Comment;   It  is unclear whether  studies  are presuming organisms
were exposed  to oil in areas  where  oil was only  visible on the
water surface.  DOI regulations require confirmation of exposure.
It is not clear how exposure pathways will be verified.   (API)

Response;   Fish/Shellfish  1  collects mussels from the immediate
vicinity of each stream in studies 1  and 2.   These mussels will be
analyzed for hydrocarbon uptake (bioaccumulation) to indicate oil
impact.  Adults will be collected from 22 streams (12 oiled, 10 not
oiled)  and analyzed for histopathological  abnormalities as well as
mixed-function oxidases (MFC's).   Eggs and fry will be collected
during   study    2    and    also   examined   for   hydrocarbons,
histopathological abnormalities, and MFC's.


Comment;  Studies do  not  address  issues such as error margins in
egg counts and the impact  of sampling frequency  on fish migration.
(API)

Response:     All  eggs  and  fry are  individually  enumerated not
estimated;  consequently,  if an egg  or fry  is  removed  from the
gravel, it is counted.  The counting of adults during study  1 has
very little or no impact on spawning.  Egg and fry sampling  takes
place in mid-September to mid-October and again during mid-March to
mid-April.  This  is after the  fall spawning migration and before
the fry emerge from the gravel'to begin their spring migration.


Comment;  The methodologies used for objective A, visual
observation, aerial photography, and hydrocarbon analysis of tissue
samples from intertidal mussels at stream mouths,  are inappropriate
for  determining hydrocarbon  concentrations, pathways,  or   their
effects.  (ESC)

Response:    Objective  A  reads:   "To determine the  presence or
absence of oil in the intertidal habitat used for salmon spawning."
The  collection of  photos,  visual observation data,  and mussel
hydrocarbon data will show presence or absence of oil.

An objective was added in  the  1991 studies which reads:  "Document
the  presence  or  absence  of hydrocarbons from  the  EVOS  in the
tissues  of  adult salmon."   This  objective will  be met  by the
collection of tissues from spawning adults in 12  oiled streams and
10  unoiled  streams.     These tissues  will  be  analyzed  for
histopathological abnormalities and MFC's.


Comment;  For objective B, documenting the physical extent of oil
distribution  on  intertidal spawning  areas  is insufficient  to

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determine hydrocarbon concentrations, exposure pathways, or their
effects.  (ESC)

Response;   See response to comment above.


Comment:  Regarding objective D, no  selection  criteria ensuring
that streams  selected  will be representative of  PWS  streams are
presented.  (ESC)

Response;   Four streams were weired in 1990.   One  on the east side
of PWS and the other three in southwest PWS (2 unoiled, 1 oiled).
Stream selection was made  by biologists familiar with the area and
based on subjective criteria.


Comment;  In objective E, the correction factor for one stream does
not include the variables which would allow that correction to be
applied to 138 or 218 other streams.  (ESC)

Response;   Objective E estimates  bias  between  aerial and ground
surveys for 138 streams and estimates accuracy of the 2 methods for
4 weired  streams.   A correction factor can be  estimated for the
weired streams.
Comment;  Objective  F will likely be  compromised  through biased
criteria used  in determining  in-stream  residence time  of young
salmon.  (ESC)

Response;   Average stream life in this case is the number of days
that adult pink or chum  salmon spend  in  the  stream from the time
they enter the stream during  their  spawning  migration until they
die.


Comment;  Objective J, the recalculation of historical escapement
from 1961 to 1988,  is of  little relevance to impact assessment for
a  1989  spill.    The  assumption  that  survey and  environmental
parameter estimates based on the conditions of the past 2 years can
be applied as a correction to  the past  30 years is invalid.  (ESC)

Response;      This  comment   apparently  addresses  objective  G.
Historically, escapement  estimations in  PWS  have been more of an
index program than an actual  escapement  estimate.   Basically the
same survey methodology using only 3 or 4 different observers has
been used to build the  historic  database.   Once  a satisfactory
methodology has  been obtained for all 138 streams,  estimates of
historical escapements will be made.  Knowledge of salmon total run
(catch + escapement)  is essential  if a  loss is detected during any
of the life stages (studies 1,  2,  3, 4, and 28).

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Comment;   For  objective H,  no  attempt is  made to  identify or
measure other variables that may affect available spawning habitat.
(ESC)

Response;    The incorporation of  instream  flow models to obtain
refined spawning area estimates for 138 streams would be too costly
(both in terms of manpower and money) .  The stream area  provides an
accurate estimate of relative stream size.


Comment;  Regarding  objective I,  a catalog of aerial  photographs
and detailed maps of spawner distribution is not necessary for use
in designing sampling transects.   (ESC)

Response:   The catalog makes it more  efficient to locate and plan
the egg/fry sampling for study 2 and provides reproducible maps for
stream surveyors to use  in  recording counts by stream  zone.  This
data will be useful for detecting  a change in spawner distribution
(such as a decrease in  intertidal  spawners).


Comment;  The  relationship  between hydrocarbon data from mussels
taken from the  intertidal area and salmon exposures in the stream
is questionable.   (ESC)

Response;   Up to  75% of the PWS  pink salmon spawn intertidally.
The mussel data will  indicate  if the intertidal areas of the stream
were impacted by oil.


Comment;  The study plan does not  identify the selection criteria
or  a plan  for  developing  criteria  to  select  the   appropriate
technique for evaluation of stream life.  (ESC)

Response;   The stream  life estimates will be tested against what
is observed at  the weirs.   Weirs  provide known escapements based
upon daily stream walks  to  provide numbers of live and dead fish.


Comment;  The number  of  fish tagged weekly (80)  to determine stream
life is  static and  may be  inappropriate  for  streams where the
weekly escapement can vary  by several thousand fish.   (ESC)

Response:   It is assumed that fish are randomly  tagged (each fish
present has an equal chance of being tagged).  The number of fish
tagged needs is based upon the need to have sufficient recoveries
to provide a  meaningful estimate.  It was  determined that 30-40
recoveries would provide such an estimate.
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Comment:   The visual observations  used  to define the  levels of
hydrocarbon  contamination  and to categorize  stream zones  is an
inappropriate methodology.  (ESC)

Response;     Visual observations  only provide  the presence or
absence of oil.  Levels are determined by  analysis of mussels (this
study) and sediments (other studies).


Comment;   The criteria used  for separation of streams  based on
their exposure to oil is unclear. In  one section the plan says it
will  be based  on  visual  inspection, in  another  on levels of
hydrocarbons  in  mussel tissue  sampled near  each  stream.   Both
methods have weaknesses that will affect the basic categorization
of streams.  This categorization is the basis upon which the data
will be evaluated.   (ESC)

Response:   Data from both methods as well as other sources will be
used for the final oiling categorization of streams.


Comment;   Statistical  procedures  are vaguely defined.    It is
unclear how  the effects of EVOS are  to  be  estimated and tested.
The sampling effort may not  be appropriate to meet objectives.
(ESC)

Response;   Study  1 provides stream  oiling information, effects of
oiling on adults that incubated in oiled substrate, and an estimate
of adult escapement.  These data will be used by the other salmon
projects (Fish/Shellfish  2, 3, 4, & 28) to determine  injury to the
population.  Type  1  and  2  power calculations  will  be made as the
studies progress.


Comment;  The probabilities of type  1 and  type  2 errors, finding an
effect when there is none and  failing to  find an effect when there
is one, are not given.  (ESC)

Response;   Study  1 provides stream  oiling information, effects of
oiling  on  adults  that  incubated  in oiled   substrate,  and an
estimation of adult escapement.  This information will be used by
the other  Fish/Shellfish   projects  dealing  with  pink  and chum
salmon.
Comment;  Criteria  for  selecting  treatment and control sites are
not given.  (ESC)

Response;   This study is not designed as a traditional treatment-
control experiment.   The oiling data will go into the determination
of "treatments" and  "controls" for study 2.

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Comment;   The type of  data  resulting from this  study  has large
variances among sites and times.  It will be difficult to determine
if a  statistically significant effect is  due  to  EVOS  or natural
variations.   The  study methods and  analytical approach  do not
address or control for these potential problems.  It is not clear
that  the  sampling program will provide  the information to prove
that a significant portion of variability in escapement is from oil
contamination.  (ESC)

Response;     This study  is  not  intended to  show  statistically
significant impacts due  to oiling.   It is a source of supporting
data  for studies 2, 3, 4, & 28.  The combination of these studies
will  determine the impacts.


Comment;   The number of streams  used in  this  study  (138)  seems
quite high considering  that  only  41 appear to be in the affected
area.   A reasonable  evaluation of potential  damage  to spawning
areas could have been done on a much smaller sample size with good
statistical sampling design at a lower cost.   (ESC)

Response;      This study  was  designed  to estimate  escapement
throughout PWS.  Sound wide estimates are  required in conjunction
with  coded-wire  tag results  (Fish/Shellfish   3) to  obtain wild
catch contribution for use in run modeling (Fish/Shellfish  28) to
estimate potential numbers of fish  impacted for the 41 streams.


Fish/Shellfish Study No. 2 - Egg/Fry

Comment;   It  is unclear whether studies are  presuming organisms
were  exposed  to oil in  areas  where oil was only visible  on the
water surface.  DOI regulations require confirmation of exposure,
and it is not clear how exposure pathways will  be verified.   (API)

Response;   Samples of eggs  and fry will  be  collected  from each
stream zone for each  stream.   These samples will be examined for
histopathological  aberrations  as  well as mixed-function oxidases
(MFO's) .


Comment;  Studies  do  not address  issues such as error margins in
egg counts and the impact of  sampling frequency on fish migration.
(API)

Response;   All  eggs and  fry  are  individually  enumerated,  not
estimated; consequently,  if an egg or  fry is removed  from the
gravel, it is counted.  The counting of adults during study l has
very  little to no  impact on spawning.  Egg and fry sampling takes
place in mid-September to mid-October and again during mid-March to

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mid-April.  This is after the  fall  spawning migration and before
the fry emerge from the gravel and begin their spring migration.


Comment;  For objective 1, no effort is made to identify the level
of accuracy expected from density estimates,  or to determine if the
damage resulting from sampling is greater than that attributable to
EVOS.  (ESC)

Response;  The level of sampling for density is a tradeoff between
what is required to achieve a specified level of precision, what is
practical with regards  to time spent sampling, and loss of eggs and
fry from  the  salmon population.   The Trustees believe  that this
study provides a proper balance of these considerations.


Comment;  For objective 2, no effort is made to identify the level
of error in mortality estimates, or to identify factors other than
oil that may lead to over-winter mortality of eggs.   (ESC)

Response;  This study is a "control-treatment" experiment.  Error
rates were estimated using data collected during the mid 1970's.
This  information was  used to estimate  the number of  streams
required  for the experiment.   Because  of the "control-treatment"
design, sources  of mortality  other  than oil  should  be  common to
both groups; consequently, an increase or decrease in mortality can
be linked to oiling.


Comment;  Objective 3  reflects an assumed increase in over-winter
mortality in oiled streams.   The significance of  this  cannot be
determined as no methods are given  for  estimating  adult returns.
(ESC)

Response;  Adult returns will  be  estimated  for  studies  1, 3, and
28.


Comment;  Regarding objective 4, the use of mixed function oxidase
levels in eggs and alevins as a means  of  assessing hydrocarbon
contamination is an unproven technique and clearly research.  The
MFO  technique  is greatly  variable with different  life stages,
seasonal  factors and food  sources.   The use  of mussel  tissue to
assess hydrocarbon contamination is not appropriate  for determining
hydrocarbon concentrations,  exposure pathways, or their  effects on
the salmon species being studies.  (ESC)

Response;  Peer reviewers and experts in biochemistry, toxicology,
and pathology have recommended  proceeding with the  MFO analysis as
well as examination for histopathological abnormalities.


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Comment:  There are no controls for the comparison of alevin
samples for  tissue  analysis.   The method of  collection does not
preclude  contamination,   so  no  accurate  control  values  can  be
expected.  (ESC)

Response;    Alevins  collected  for  hydrocarbon  analysis  were
collected using a rake and strainer pre-rinsed  in dimethylchloride.
The fry were stored  in pre-rinsed glass jars.  Alevins collected
for MFO and  histopathological analysis were  not  affected by the
sampling methods.


Comment;  Although a sample of mussels  near the stream bed will be
used to determine the amount of hydrocarbon impacting the stream,
there is no attempt to test the assumption that hydrocarbon levels
in  those  mussels   are   representative  of   fish  exposures  to
hydrocarbons in the stream bed.  This methodology is inappropriate
to measure hydrocarbon contamination and undermines the basis upon
which the data are being evaluated.  (ESC)

Response;  Levels of  hydrocarbon in mussels near the stream bed are
indicators of impact upon the spawning  gravel  and the eggs and fry
in the gravel.   Eggs  and fry are collected for  further analysis for
MFO and histopathological abnormalities.


Comment;   Visual  assessment  to  determine degree  of  oiling  is
inappropriate to  define  levels of  hydrocarbon  contamination for
impact assessment.   (ESC)

Response;    Visual  assessment  provides  a   starting  point  for
categorization.     This   information   is  refined   with  mussel
hydrocarbon data, fry hydrocarbon data, egg and fry MFO data, and
histopathological data.


Comment;   Statistical procedures are  vaguely defined.    It  is
unclear how  the effects  of EVOS are to be estimated and tested.
This study does not identify the  effect due to EVOS and the effort
needed to detect that effect.   The sampling may not be appropriate
to meet objectives.  (ESC)

Response;  A nested analysis of variance will be used to estimate
effects on egg and fry mortality as well as over-winter survival.
Power  of  the study  was   estimated  using similar data  collected
during the mid-1970's.


Comment;  The methodology for injury determination is not clearly
stated.  (ESC)
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Response:  See response to comment above.


Comment;    MFC  analysis  of  eggs  and  fry  is  an  experimental
methodology and is inappropriate for injury assessment.  (ESC)

Response;  It is well established in the toxicological literature
that MFC's  are produced as  a response  to hydrocarbon exposure.
MFC's often convert these hydrocarbons into more toxic substances
than the  original  compound  and create carcinogens.   Thus,  these
hydrocarbons can have acute toxic effects and long-term mutagenic
effects.  Assaying for MFC's and hydrocarbons is clearly involved
with identification  of  injuries.   Peer  reviewers  and experts in
biochemistry, toxicology, and pathology have recommended proceeding
with the MFC analysis as well  as examination for histopathological
abnormalities.
Comment;   There is no evidence that sufficient parameters are being
considered by which to identify major aspects of variability in egg
to fry mortality.   It  is not clear  that  the study  will obtain
information that will  enable an accurate assessment of oil effects
versus other environmental factors.  (ESC)

Response;   Since the oil spill was not anticipated,  few pre-spill
samples existed.   The study  will sample both oiled  and unoiled
areas.  As differences between these  areas  begin to disappear as
the environment  recovers,  it will become more apparent  that the
initial differences were due to oiling rather than other "natural
factors."    In the absence  of  known parameters that  identify
variability,  our statisticians  have identified  those parameters
from  the  literature  and  from their experience  that  most likely
indicate  variability  in  egg and fry  mortality  versus  other
environmental factors.


Comment;    Generalization of  results  from  this  study to  all 900
anadromous streams in PWS is  inappropriate as the streams used in
this  study  are the  better, more consistent   salmon  producing
streams.    (ESC)

Response:   Not all of the streams selected for this study are the
better, more  consistent  salmon   producers.   Selection  criteria
included  "sufficiently  large adult salmon returns  to indicate a
high probability of success in egg/fry digging."  F/S-1 allows us
to estimate the stream life for streams that might otherwise fall
below  the level of  practical egg/fry  sampling.   Using streams
ranging from the high  end producers to the very low end will allow
extrapolation of results to the remainder of the streams.
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Fish/Shellfish Study No. 3 - Wire Tagging

Comment;   It is unclear whether  studies  are presuming organisms
were exposed to oil in areas  where oil was only  visible on the
water surface.  DOI regulations require confirmation of exposure.
It is not clear how exposure pathways will be verified.   (API)

Response;    Fish  Studies  1 through  4  provide a comprehensive
approach to  assessing  the  impact  of oil exposure on pink salmon.
Samples of pink salmon  eggs, fry, and juveniles have been collected
for confirmation of oil exposure using the best available methods.
The  presence of  tagged fish  in  oiled areas  will allow  stock
specific confirmation of oil exposure for  fish from both oiled and
unoiled areas.  Extensive  collections of  mussel samples from the
intertidal zones of spawning streams will provide confirmation of
the presence of oil at specific sites.


Comment;  The study does not address issues such as error margins
in  egg  counts  and  the impact  of  sampling  frequency  on  fish
migration.   (API)

Response;  Egg  counts  are  used by hatchery operators to properly
load incubators with salmon  eggs.   Outmigrations of fry from the
incubators   are   monitored   with   electronic    fry   counters.
Fish/Shellfish  Study 3 uses fry outmigration counts to determine
release numbers and the proportion of tagged fish in the release.


Comment;  It  is unclear how  objective 1 will be used to evaluate
effects of the spill on hatchery-released salmon. The data will be
of use to hatchery managers,  but they will not be valid for injury
assessment.   The  Plan's statement that  "outmigrating  smolt and
returning  adults  from  these  hatcheries  are exposed  to oil at
varying degrees" is a nebulous tie to oil effects.    (ESC)

Response;  Determining  the  catch and survival rates  for wild salmon
and  salmon  released   from five  hatcheries  in PWS will  allow
investigators to  estimate differential  survival based  on  their
exposure to contaminated waters.  A history  of exposure to oil can
be confirmed with  results from  Fish Studies 2 and 4  and used to tie
in the effects of oil to losses in production.


Comment;  Using the  tag results as indicated in objective  2 may
obtain a rough estimate of  the catch of wild stock pink salmon, but
is unlikely to produce information on spill-related  effects.   (ESC)

Response;   Adult  returns  to  the  pink salmon  streams  will be
determined by operating weirs  at  each site  rather than by using
stream surveys.   Knowing the  catch  and escapement,  differential

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survival  of  salmon  between  oiled and    unoiled  areas  can  be
investigated.  Returning tagged fish that  stray  to streams other
than their natal streams may provide evidence of lost populations
and habitat.


Comment;  Field methods are not detailed enough in Objective 3 to
evaluate the validity of this study.  (ESC)

Response;  Detailed methodologies for coded-wire tag application to
wild and  hatchery fish is  readily available  in  the literature.
Weir  operations   also  have  well   established  methodologies  and
standard operating procedures.


Comment:  The results for Objective 5  will provide little insight
into the  effects of the  spill on any detected  differential  in
survival rates.   There is no measurement of exposure to oil, nor is
there adequate baseline data for historical comparison.   (ESC)

Response;    Objective 5  calls for  the  identification of relevant
injuries for which methods  of restoring lost use, populations, and
habitat must be developed.  This objective summarizes the long term
goal  of  all  damage  assessment  studies  to  identify  injured
populations.  Identifying these populations can be accomplished by
satisfying objectives 1 through 4  of this  study.   These results,
along with those of other salmon studies, will identify where and
how restoration of injured populations can best proceed.  There are
other NRDA  studies addressing  the  oil  exposure of salmon.   These
studies rely  on  coded-wire tagged  fish  to verify  the  origin  of
captured fish.  There is a great deal  of historical data relevant
to the  salmon populations  of  PWS  as  well as  information  on the
effects of exposure to crude oil on salmon.


Comment;    The  tagging  methods  have  little  application  for
evaluating effects of the oil spill.  (ESC)

Response;   The presence of  marked fish will allow investigators to
confirm stock specific exposure to oil as well as to estimate catch
and  survival  rates  for   returning   adults.     Tagging  allows
identification of fish that stray from their natal streams, which
is important to document true returns to streams.


Comment;  The methods  used to capture sensitive  wild stock pink
salmon fry are not specified and could have significant effects on
the success of the program.   (ESC)
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Response;   The  method  used to  capture wild  pink  fry  in  the
intertidal zone employed a modified fyke, a common gear type used
to collect juvenile salmon.


Comment;  The study proposes tagging coho from Valdez, Esther, and
Fort Richardson (for release at Whittier and Cordova) hatcheries,
and chinook from Esther Hatchery.  These releases are not in oil-
affected areas and it will be difficult to  link  results to oil.
(ESC)

Response;  These releases  will  provide a control  for releases in
oiled areas.
Comment:    The  evaluation  of  tag return  data  uses  standard
analytical methods, but has little application for determining the
effects of the spill.   (ESC)

Response;  The data obtained from tag returns will allow the catch
and escapement of  hatchery and wild fish to  be determined.  This
information is needed to evaluate the potential numbers of salmon
lost to oil contamination.  The results obtained from meeting the
objectives of Fish Studies, l,  2,  3, and 4 all apply to the effects
of oil exposure on the  same specific stocks of fish.


Comment;   Inter-annual  and inter-facility survival  variation for
hatchery stocks has been so large that observed differences will be
difficult to interpret.  It is unlikely that those differences in
survival  could  be  linked to the  spill and used  for  damage
assessment, even though the observed survival fits a pattern based
on the possibility of effects.   (ESC)

Response;  The use of multiple tag codes  at each hatchery and wild
stream allows for information from individual release groups to be
compared between hatcheries or within the same hatchery.  Observed
survival differences  can  therefore be  examined more closely than
simply between years or facilities.  The  use of multiple tag codes
verifies the presence of fish  in  contaminated waters during their
early marine life and will also help identify injuries and further
link the exposure history  to losses in production.


Fish/Shellfish Study No. 4 - Early Marine Salmon

Comment;   It  is unclear whether  studies are  presuming organisms
were exposed  to oil in areas  where oil was only visible  on the
water surface.  DOI regulations require confirmation of exposure,
and it is not clear how exposure pathways will be verified.  (API)
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Response; It is not assumed that juvenile salmon captured in oiled
areas were exposed to oil.   Mixed-function oxidase and hydrocarbon
analyses are being performed to determine if organisms were exposed
to oil. Experiments will be conducted by the NMFS in 1991 to obtain
more information about pathways of exposure and effects on growth.


Comment;  The definition of technical terms  is inadequate.  (API)

Response; This comment does not provide enough  information for a
response.


Comment;  This study does not  address issues such as error margins
in  egg counts  and  the impact  of  sampling frequency  on  fish
migration.   (API)

Response;  Egg counts from  the hatcheries are used to estimate the
numbers of fry released. This  issue is addressed in Fish/Shellfish
3.  The  applicability of  a Maximum Likelihood Estimator  of fish
migrations will  be determined. The effect of  sampling frequency
will be determined at that time.
Part I

Comment;   For objective  A,  the  study  assumes all  fry released
together remain so and grow  at  a  proportional rate.   This may be
biased if groups of fish  from a  release move to different habitats
or grow at different rates.   Nonrandom distribution of sizes along
the migration corridor, which is likely, can cause bias.  Sampling
one segment in an  oiled  area, and one  in  a non-oiled area, could
lead to incorrect conclusions on relative growth rates.  (ESC)

Response;  It is not assumed that fry released together remain so
and grow  at a proportional  rate.  Fry  have been sampled at many
sites  in  both  oiled  and unoiled areas  to  minimize  any  bias
resulting from local effects.  Analyses of  stomach fullness  will be
used to assess differences in feeding rate in oiled and non-oiled
areas.


Comment;   Regarding objective  B,  the  study  is unlikely to give
precise enough data  to detect differences in migration speed and
patterns caused by oil-related  effects.   (ESC)

Response;  The applicability  of  a  Maximum  Likelihood Estimator of
fish  migrations  will be determined.     Questions  relating  to
migration  speeds and patterns will be addressed at that time.
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Comment;   No information is given on  the  method for determining
hydrocarbon content in tagged fry captured in 1989.   (ESC)

Response;  Individual tagged  fry  were placed in clean glass vials
immediately  after capture.  They remained  in these  vials until
shipment for hydrocarbon analysis. Mass spectrophotometry  is used
to estimate hydrocarbon content. The ratio of the metals vanadium
and nickel is used to identify oil from the Exxon Valdez.


Comment;   The methods used to determine growth,  migration paths,
and  migration  speeds  are  imprecise  and  based  on  assumptions
regarding  behavior and  swimming  speed that are  likely to  be
invalid.  The variability of these estimates will be too great to
determine changes caused by  EVOS.  (ESC)

Response;  More  precise  estimates of fry growth  will  be obtained
from  otolith microstructure analysis.  The  applicability of  a
Maximum Likelihood Estimator of fish migrations will be determined.
Questions relating to migration speeds and  paths  will be addressed
at that time.
Comment;  Differences  in  migration distance and patterns will be
analyzed with  ANOVA,  but no information  on how these parameters
will be quantified is given.  They are likely to be highly variable
and of marginal use for evaluating spill-related effects.   (ESC)

Response; The  applicability  of  a Maximum Likelihood Estimator of
fish  migrations  will  be  determined.    Questions  relating  to
migration distance and patterns will be addressed at that time.


Comment;   Migration  rate estimates  will  be  influenced  by the
sampling  frequency.    Insufficient  information  is provided  to
evaluate the appropriateness of this method.   (ESC)

Response; The  applicability  of  a Maximum Likelihood Estimator of
fish  migrations  will  be  determined.    Questions  relating  to
migration distance and patterns will be addressed at that time.


Comment;    There  is  no  indication  of  how  differences  from
geographical effects will  be separated from effects due to presence
of oil, where the primary definition of oiled and unoiled is based
on geography.  As most of the oiled areas  occur in one part of the
Sound and the unoiled in another, factors other than history of oil
exposure would affect the variables measures.   (ESC)

Response;  Fry have been  sampled at many sites in both oiled and
non-oiled areas to minimize any bias resulting from local effects.

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However,  it  is recognized  that  geographic effects  confound oil
effects. A bioenergetics model, multiple regression techniques, and
analyses  of  stomach  fullness will  be used  to evaluate  growth
conditions in  oiled and non-oiled  areas.  All available data on
environmental conditions in oiled and non-oiled areas will be used
in these analyses.


Comment;  The study design  introduces a  stock-related bias that is
not  controlled  or  tested.    There  are  potential  stock-area
interactions that are not controlled or tested.   (ESC)

Response;  Repeated measures analysis of variance will be used to
determine if there  are differences  in  fry  growth among tag lots.
Data from  tag  lots that are not  significantly different will be
pooled into groups. Comparisons  of  growth  between  oiled and non-
oiled areas will be made within these groups. Refer to the previous
comment/response for a discussion of area effects.


Comment;   The  methods  for injury  determination are  weak:  they
consist  of  testing  for  growth differences,  migration  speed,
migration  distance,  and migration  patterns  between  oiled  and
unoiled areas.  The criteria used to define oiled and unoiled are
not given.  The definitions of growth,  migration speed, distance,
and pattern are not given or are deficient.  (ESC)

Response;   Results from mixed-function oxidase and hydrocarbon
analyses of fry will be used to determine the level of oil exposure
of fry in different areas.  This information will be compared with
all available data on hydrocarbon contamination in the environment.
Cumulative growth  will  be  estimated by regression  of  final body
weight  on time for fish within  tag lots or groups.  Growth of
individual fry over short time periods will also be estimated from
otolith microstructure analysis.  The  applicability of a Maximum
Likelihood  Estimator  of  fish  migrations  will  be  determined.
Questions relating to migration speed, distance, and patterns will
be addressed at that time.
Part II

Comment;   The  detailed  measurements  and  analyses to  evaluate
effects  on abundance,  distribution,  habitat  utilization,  size,
growth rate,  feeding habits and migratory behavior are governed by
the appropriateness of  the field  sampling  program.   This program
may  not have  adequately  included geographic  effects  or  other
natural variabilities.  (ESC)

Response;  The  investigators considered geographic variation and
other natural variabilities.  Study sites were chosen to minimize

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geographic differences while maintaining the treatment difference
of  oiled versus  unoiled sites.   Environmental  parameters were
monitored  at  each  site to  determine  the  extent  of  physical
differences.


Comment;  The abundance and distribution of copepods is dependent
on factors other than oil, which are not addressed sufficiently to
determine  species abundance or distribution in  a  statistically
significant manner.   (ESC)

Response;     Sampling  to  evaluate  the   effects   of  sediment
contamination  on harpacticoid  copepods  in 1990 was  designed to
reduce  geographic  variability  by  comparing heavily oiled  and
lightly  oiled beaches  within  the  same contaminated  embayment.
Substrate  composition and  algal coverage,  as  well  as  sediment
hydrocarbon  contamination,  were quantified at  each  transect to
determine  their  effects on  the  observed  numbers  and  species
composition of copepods.  Procedures for collection were consistent
across all sampling locations.


Comment;  The abundance and  distribution of meiofauna is dependent
on factors other than oil, which are not addressed sufficiently to
determine  species abundance or distribution in  a  statistically
significant manner.   (ESC)

Response;   The meiofauna recolonization  experiment is  a field-
manipulative  study  involving  azoic   sediments that  have  been
quantitatively contaminated with crude oil.  Control and treatment
sediments  were  randomly placed  along the same  beaches.    Any
differences observed  in recolonization among treatment levels can
thus be directly attributed to  oil contamination.


Comment;    Insufficient  information  is  given   to  evaluate  the
appropriateness of the sampling  frequency, which  will influence the
estimates of migration rates.   (ESC)

Response;   Coded-wire tagged juveniles represent groups  of fish
released at specific  locales and times.  Recoveries of these fish
yield information on average rate of movement and general direction
of movement within and between  habitat types.


Comment;   The comments made above in Part I regarding stock and
location effects that are not controlled by this study design also
apply to Part II.   (ESC)

Response;  The  investigators  considered geographic variation and
other natural variables.   Study sites  were chosen  to  minimize

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geographic differences while maintaining the treatment difference
of oiled versus unoiled sites.
Comment;  The study design does  not  indicate  that variables that
affect biota  or biological endpoints  are being  considered when
establishing a cause and effect attributable to oil.  (ESC)

Response;    The   investigators   considered   natural  variables.
Environmental parameters are monitored at  each site to determine
the extent of physical differences.  The study design selected oil
and control  sites in  comparable habitat  areas to  minimize  the
effects of other variables.
Fish/Shellfish Study No.  5  - Dolly Varden Char and Cutthroat Trout

Comment;   The Trustees will not be able to attribute differences in
survival or growth to oil.  The assumption that the differences in
average growth  rate are  attributable to an  external disturbance
assumes that pre-spill growth and survival rates  were similar in
both control and treatment streams and any differences are entirely
caused  by   spill-related   effects.     Natural   variability  or
geographical differences are not considered.   (ESC)

Response; It is important to  point  out  that fish  were  sampled
before any potential exposure to  an oiled marine environment since
the  Dolly  Varden  and  cutthroat  trout  were  overwintering  in
freshwater when the oil  spill occurred.   Given  this,  the first
sample from each stream  (the emigration during 1989)  provides the
baseline data for stocks in control and oiled groups.  These data
indicate mean-length-at-age was  similar among control  and oiled
groups which indicate that fish of the same size grow at the same
rate   regardless   of  their   overwintering   location.     Since
overwintering populations of Dolly Varden and cutthroat trout are
composed of  many  genetic stocks and the ambient  climates in the
experimental areas of PWS are  similar,  differences  in  average
growth rates were  not  expected.   Therefore,  large differences in
average growth  rates between control  and  oiled  groups would be
attributed to some external disturbance  so long as initial size of
fish is corrected for.

We do  not  have  a  direct measurement  of pre-spill survival rates
among the treatment groups but  since the  mean-length-at-age were
similar between control and oiled groups this would indicate that
survival rates  were probably similar.   If one of  the treatment
groups had higher  survival  rates  a greater difference  in the mean-
length-at-age would be expected and  in particular  in the older age
classes (age 4 and  older) but this was not the case.

The experimental  design, which includes replicate  sites  in both

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treatment  groups,  does  take  into  consideration  both  natural
variability  and geographical differences.   The study  tests for
differences  in  growth  and survival between treatment groups only
with tagged fish.  The analysis  tests to  see  if the differences in
growth and survival  are greater between  control and oiled groups
than differences within each treatment group.


Comment;  There are no baseline data to show populations in all
study areas had equal growth and survival rates prior to the spill.
(ESC)

Response; See the preceding response.


Comment;  Differences in  survival and growth rates are likely due
to natural differences.   There is no indication of how results will
be analyzed  to  show  a  link between the oil spill and survival or
growth differences.   Data are not  being  gathered  to analyze for
spill-related effects.   (ESC)

Response;  See the preceding response.


Fish/Shellfish Study No.  11 - Herring Injury

Comment;   It is necessary to account  for natural  variables that
would give the same results when estimating the proportions of dead
herring eggs from oiled areas.   (API)

Response;   It is because of the natural  variables that control
sites are  included  with the same  treatment  (depth and replicate
level) parameters as the  oiled sites.


Comment;  Estimates of biomass often have sampling errors.   (API)

Response;   Sampling errors  can be measured using  the sampling
techniques employed in the study and an accuracy goal (±  25% of the
true mean,  95% of the  time)  has been met for the  1989 and 1990
biomass estimates.
Comment;  The herring season yielded over 8300 tons  in a 20-minute
season,  a  record  catch  rate.   Since herring  do  not  die after
spawning, living to spawn in several successive  years, most of the
1990 spawning  population was present  in PWS in  April  1989 when
potential exposure to oil was greatest.  As the 1989  herring season
was closed, the harvestable surplus was not taken, resulting in a
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larger fish population in 1990.  This should have decreased fears
of an impact on population, and resulted in reductions to the study
program.  (ESC)

Response;  Much of the study  is designed to measure the sublethal
impacts  (effects on  egg production,  larval survival,  possible
metabolic affects due to  ingestion of oil,  etc.),  that proved to be
significant in 1989.  The sublethal impacts occurring from exposure
of eggs,  larvae,  juveniles, and adults could affect populations for
many years and affect egg survival of the 1990 production year.  As
a result, the study was continued to enable researchers to further
define the potential  impacts  (complicated by sublethal impacts) and
to further refine results analyzed from 1989 and 1990.


Comment;  It is very unlikely that the determination of biomass to
within ± 25% of the true value,  a goal of objective 1, will provide
the sensitivity to determine the impact of EVOS.   (ESC)

Response;   The biomass  estimate may  be utilized to examine the
effects of EVOS  on a population  level,  and if  this  were the only
tool available to determine impacts, the above statement would be
true; natural variability may mask some subtle impacts.  However,
this is not the only tool being employed to measure impact and, as
stated in previously released results, sublethal  impacts have been
observed in early life stages of herring.


Comment;   The oil  level information from maps  and analyses of
mussel tissues does not represent hydrocarbon exposure of herring
in PWS, and will  not  be useful in determining any  impact from EVOS.
(ESC)

Response;   The  Trustees disagree.   Mussels  are recognized in
scientific   literature   as   indicators   of   oil  contamination.
Additional analyses on herring will confirm effects of oil exposure
of herring.


Comment;  Mortality of eggs in the field is a function of density
dependent survival and natural factors.   The goal of objective 4
appears to be  the development  of  egg loss information  for better
management of herring.   (ESC)

Response;  One of the goals in  the study is to insure the accuracy
of the spawn  deposition biomass estimate.   Since the  egg  loss
factor is directly  tied  to biomass improvements in  the egg  loss
factor and development of an associated error will result directly
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in improving the accuracy of the biomass estimate.  The fact that
it  will   improve   herring  management  is   incidental   to  the
determination of injury  and may  aid in future restoration of the
herring stock.


Comment;  The evaluation of embryonic and larval tissue for MFO is
an experimental technique which is variable depending upon season,
life stage, food type, etc.  Impact assessment should not be used
to  develop experimental  techniques.   In 1989  NOAA found that
DNA/RNA ratios did not provide significant endpoints, and there was
no need to repeat this effort in 1990.  (ESC)

Response;   Use  of MFO  analysis has been  demonstrated  in  the
literature as a viable technique  to  document hydrocarbon exposure.
Use  of  this  technique  has   been   recommended   by  expert  peer
reviewers.
Comment;  The  field  methods  indicate that the unacceptable ± 25%
biomass estimation could be compromised by logistical problems.
The Plan indicates that  this  work augments the ability to manage
the resource so that EVOS damage can be predicted.  This does not
fall within the purview of NRDA damage assessment.  (ESC)

Response;  The Trustees disagree with this comment.  Management of
a  potentially injured  resources  can  only be  done wisely  with
improved resource knowledge.   As management of the resource hinges
on the injury that may have occurred, augmentations of management
techniques  to  aid  in  determination of injury  are  not  only
essential, but fall within CERCLA guidelines,  and are economical.


Comment;  The biomass to be estimated in 1990 will not include the
fish  that  are  the product  of 1989  egg  production.    The  plan
provides that  there  were no  significant  1989  adult mortalities.
Thus,  biomass  estimation  is  necessary  for  herring  resource
management but has  little to do  with  EVOS impact determination.
(ESC)

Response;  While  adult mortalities  may not have been documented,
there  may  have  been  significant  sublethal  injuries to  adults
including:  reduced reproductive potential, lower egg survival, and
genetic  aberrations  to  adults'  tissues,  including  reproductive
tissues.   Further  injury may be  minimized  through  management
adjustments,  which  is why accuracy in the biomass  estimate and
forecasted biomass is essential.
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Comment;    An  estimation  of   fecundity  is  included,  but  the
literature provides no evidence of fecundity effects on adult fish
from one acute exposure to hydrocarbons.  (ESC)

Response;   The  Trustees  believe  that  there  is  a  substantial
scientific  basis  for estimation of  fecundity.   Some Literature
shows that not only are eggs resorbed in exposed adult females, but
oocyte-loss can be measured and quantified.  In addition, there is
no  evidence  that  adult  herring  in  PWS  received  "one  acute
exposure;11 for example,  Knight  Island was heavily oiled, and it is
possible that in 1989, adult and juvenile herring in this area were
repeatedly  exposed  to  various levels  of  toxic  hydrocarbons.
Samples of adult tissues, including sac roe collected in 1989 and
1990, may reveal sublethal injury.


Comment;  The measurement of growth will be unable to discriminate
differences with  regard to EVOS.   Growth  is simply  a parameter
necessary for better management of herring.   (ESC)

Response;   Exposure of herring  larvae to  oil in the laboratory
impedes growth which is a quantifiable injury.  Whether differences
could be detected in the field can only be answered by processing
samples RNA/DNA.   The RNA/DNA analyses have been run and future
analyses  to determine  growth  are  not  necessary.   Knowledge  of
larval growth, using RNA/DNA techniques is not necessary for better
management;  growth  in  adults  is  measured  during  standard  AWL
sampling in the spring which is not funded by NRDA monies.


Comment;  Herring exhibit density dependent survival.  There is no
relationship   between  herring  spawning  biomass    and   later
recruitment,  so the  death of  eggs is  meaningless in  this study.
(ESC)

Response;   The  Trustees  disagree.    In  a year  where  density
dependent factors do not interfere and a cohort from a hatch will
become a large part of the biomass in four years, oil exposure has
the  potential to  inflict  significant  injury  to that  cohort and
resulting  returning biomass.    There is no  proof  that  the 1989
cohort  would  not  have  contributed  significantly  to  the future
biomass whether  or not the stock  was impacted.  Therefore,  the
study was necessary to discover the potential impacts  and to aid in
possible restoration planning.   In addition,  death of eggs, whether
from a strong recruiting cohort or not,  is significant  to PWS food
chains, because herring are a prime link in the ecological chain in
the Sound every year.
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Comment;  The statistics appear to be aimed toward the development
of  models  with which  to manage  herring,  rather than  to detect
impact attributable to EVOS.   (ESC)

Response;  The Trustees disagree.   Statistical models are designed
to  address population  injuries.    Any  management benefits  are
serendipitous.


Comment;  The methodology focuses  on modeling the population based
on the number of eggs laid.  The size of the 1989 year class will
be estimated and  compared with what it might have  been based on
measurement of  1989 egg  loss.   This  may be impossible,  as  egg
numbers do not  equate  directly to  fish numbers.   Number of eggs
spawned will explain only a portion of the variation in abundance
among brood-years, due to density dependent survival.    (ESC)

Response;  Estimation of  eggs  laid is  used to back-calculate the
year's spawning adults,  not to predict the return  from the eggs
laid.  Since fecundity, density of  spawn, and extent of spawn are
all well known, numbers of adults can be back-calculated using an
estimated egg loss component, with relative accuracy.   It is from
the  spawn  biomass estimate that  the  next year  forecast  is made
employing age dependent natural and fishery mortality components in
the model.   In addition,  other  models,  such as catch-age analysis,
are currently being employed to compare various estimation models
and to provide an index of accuracy.


Fish/Shellfish Study No. 13 - Clam  Injury

Comment;  It is unlikely that objectives A-D will be attained, as
the study design greatly underestimates the natural variability in
all the biological and chemical parameters that will be measured,
although  the  available  literature on  the  effects  of  oil  on
intertidal clam populations is considered.  (ESC)

Response;   Incremental growth  data (both pre-and post-spill) will
be available for comparison of the growth rate by site.


Comment;   The field  sampling strategy  is flawed.   Hydrocarbon
analysis is done on sediments  and clams  collected from the lower
intertidal  zone  along  transects   oriented  perpendicular to  the
shore.  As  samples are composited into single samples, gradients of
chemistry and  biological  response at  different  shore  levels are
obscured, and sample variance is increased.  (ESC)

Response;  Due to the need  to  take samples in triplicate, it was
deemed prohibitive to take triplicate sediment samples at each tide
height that was sampled.

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Comment:  Except  for  the  largest  site differences,  the amount of
sample replication at each  site may  be insufficient  to detect
statistical differences.   Differences due to natural  causes will be
difficult to distinguish from those due to oiling.  (ESC)

Response:  Stepwise regression using level of oiling,  tide height
and incremental growth will help distinguish natural effects from
oil effects.
Comment;    Necropsy  analysis  is  improperly  applied  to  mean
histopathological examination.  Necropsy would be unlikely to yield
useful information.  (ESC)

Response;  The term "necropsy" will be changed to "histopathology"
in appropriate studies.


Comment;  Methods used to count  live  and dead clams are invalid.
As it is usually  impossible  to estimate  accurately how long dead
shells have been in sediments, the presence of dead shells cannot
be used to estimate the number of clams killed by the oil spill or
later cleanup effort.  (ESC)

Response;  The enumeration of dead shells is only one method for
possible differences between oil impact levels.


Comment;   As  the parameters measured  are  variable  over  small
temporal and spatial scales,  it will be difficult to characterize
the baseline condition.  Quantification of injury from the spill or
later cleanup efforts may be difficult.   (ESC)

Response;   Characterization of the baseline growth rate in clams
is accomplished by measuring annuli which are retained.


Comment;   As background  histopathology  is poorly understood, it
will  not be  possible  to  link  any observed effects  with  EVOS.
Relationships  have   not  been   established   between  observed
histopathology and oil-related effects on the  survival potential of
natural mollusk populations.   The significance of observed effects
is questionable.  (ESC)

Response;  Histopathology results must be linked with data on the
level of oiling in sediments, growth  rate prior to the spill and
growth rate after the spill.
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Fish/Shellfish Study No. 15 - Spot Shrimp Injury

Comment;  Estimates of biomass often have sampling errors.   (API)

Response;  This study does not attempt to estimate biomass.


Comment;  The shrimp study focuses on the  changes in individual
organisms,  rather than  in the  population.   For  this  type of
organism, without a demonstrated effect on a population, no injury
should have occurred.  (API)

Response;  The study in 1991 is focusing on potential differences
in the 1991 year class, not individuals.


Comment;  Objective D are the study will test the hypothesis that
hydrocarbon levels are not  related to site contamination levels.
The methods do not give  procedures for collecting water/sediment
samples to define the level of contamination at a site.   (ESC)

Response;  The two oiling categories are based on the initial path
of the oil spill.  The study has not continued to document oiling
in the environment because  the project assumes  only an impact to
the 1989 year class, which was in the water column at the time of
the oil spill.  The  1989  year  class settled to  the bottom in mid
1989.
Comment;   For objective E,  the  methods do not  describe what is
meant by injury to  tissues,  what tissues will be studied, or how
injury will be determined.   (ESC)

Response;  If hydrocarbon  testing indicates exposure, then whole
shrimp samples will be submitted for histopathology.


Comment; There  is no documentation that selected control  sites are
sufficiently  similar  to  test sites  for baseline  production of
shrimp,  and  other  environmental factors  that could  affect the
results of the study.   Aside from CTD water  column profiles, there
is no indication that  environmental data will  be collected.   (ESC)

Response;  The major focus of this study for  1991 is to determine
if a difference can be detected between the two oiling categories
for the 1989 year class.  CTD water profiles  are collected during
each  sampling period.    The bottom  salinity,  temperature,  and
dissolved oxygen will be compared between oiling levels.
                               D-99

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Comment:  The oiled test sites have varying degrees of exposure to
floating and stranded oil.  The criteria given for selecting impact
and control sites,  and  how  those  sites chosen  will be documented
for  specific levels  of  oiling  or  exposure,  is  insufficiently
explained.  (ESC)

Response:  The path of  the  oil spill was initially documented by
aerial surveys.   For the purpose of this study, sites were chosen
as either oiled or  unoiled based on surface oiling.  No attempt was
made to document the degree of oiling.


Comment;  The shrimp pots described are designed  to catch adult
shrimp  of commercial  market  size   and  are inadequate for  the
objective  of determining  if  the 1989  year  class  had a  high
mortality rate in areas of high oil impact.   (ESC)

Response;  The shrimp pots utilized in  this study capture male,
transitional, and female spot shrimp.   Occasionally juvenile shrimp
are captured, however they are not fully  recruited to the sampling
gear.  To determine if the 1989 year class was  impacted, the year
classes are separated  using modal analysis.   For  the purpose of
this study there is a  lag  between  the time of capture and full
recruitment  for  the  1989 year  class.   Alternative methods  to
capture shrimp smaller than 20 millimeters have  not been developed.


Comment;   How samples for  hydrocarbons and  fecundity will  be
handled and preserved  in the field to ensure  sample quality and
integrity are maintained until analysis  in  the laboratory is not
revealed.  Chain  of custody and QA/QC procedures are not discussed.
(ESC)

Response;  Samples  for fecundity are frozen on board the research
vessel.   Each fecundity sample has a  unique sample label,  which
accompanies the  sample.   The  label  identifies  the  location where
the shrimp was  captured.   Upon  return to port, the samples are
transferred to a  freezer at the Alaska Department of  Fish and Game
facility in Cordova.  All hydrocarbon samples are maintained under
strict QA/QC  guidelines as  established  by the management ream.
This includes chain of custody.


Comment;     Except  for  tissue  hydrocarbon   measurements,  no
information  is  given  as to what  criteria will  be  applied for
attributing differences to  oil and what  level  of  effects will be
tested.   (ESC)

Response;    In  addition  to  tissue  hydrocarbon  measurements,
histopathology may  be  conducted  if  hydrocarbons  are present.
Significant differences in fecundity, egg mortality, catch per unit

                              D-100

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effort, and year class strength will be compared between the levels
of oil impact.


Comment:   The probabilities  of statistical Type  I and  Type II
errors are not given.  The sampling effort may not be appropriate
to meet statistical analysis objectives.  (ESC)

Response;  The probabilities of 0.05 and 0.10 for Type I and Type
II errors respectively are given in the "Methods" section of this
study plan.   Technical  experts  and statisticians have determined
the sampling  level that  is  appropriate and  adequate to meet this
study's objectives.


Comment;  The number of individuals required per sample, as well as
the interpretation of the results, will vary  greatly depending upon
what  is  sampled  for  tissue hydrocarbon  analysis,  which  is  not
sufficiently described.  (ESC)

Response:   The  objective of this comment is not clearly stated.
The types of tissues being tested are muscle and egg.  The types of
hydrocarbons for which these tissues are being  examined are listed
in  Appendix  A.    The  number  of  specimens to  be examined  was
determined, as noted above, by technical experts and statisticians.


Comment;  There  is insufficient information regarding the method
for treating  composited samples for hydrocarbon analyses  in the
analysis of results.   (ESC)

Response;   The  tissues  contributing  to  a  composite  sample  are
pooled prior  to processing,  thus  the  resulting values  obtained
refer to the entire composite sample rather than to any component
of it.
Comment;   Inadequate information  is provided to  determine what
statistically significant differences will be detectable within the
study design.  (ESC)

Response:  The differences the study is designed to  detect, if they
exist, are listed in the objectives of this study plan.


Comment;  The objectives  and methods do not indicate the study will
lead to a  quantification of  the baseline condition,  the level of
injury, the variance of  degree  of  injury in space, the length of
time over  which  injury  will persist, the  likelihood and rate of
recovery,  or  the  link between EVOS and the  injury.   There is no
indication that an exposure pathway will be documented.  (ESC)

                              D-101

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Response;    Quantification  of the  baseline  condition  of  the
population was not an objective of this study.  However, the study
does attempt to assess the survival of the 1989 year class of spot
shrimp that was in the water column as zoea larvae at the time of
the oil spill and to view survival of this 1989 year class in the
context of year class survival both pre- and post-spill.  The study
will also assess the survival of the 1989 year class in oiled and
unoiled areas.
Fish/Shellfish Study No. 17 - Rockfish

Comment;    This  study  is  not  consistent  with  the  exposure
requirements for conducting natural resource studies.  (API)

Response;  The Trustees disagree.


Comment;  Ocean  floor studies should be done only  when  there is
data showing high concentrations of oil and a long residence time.
If such data exists, it has not been made available.  (API)

Response:  Hydrocarbons were found in rockfish species that dwell
on or near the bottom.   Therefore these  studies are appropriate.
The aspects of the study involving sediments and sessile organisms
were warranted to help  determine route of  contamination  based on
presence of hydrocarbons in bile from demersal rockfish.


Comment;   The presence of  hydrocarbons  does  not  presumptively
indicate injury.  Evidence of  the causality  of  the  oil to injury
must be shown.   (API)

Response;  Presence of hydrocarbons in organisms in treatment and
not in  control  sites warranted efforts to determine presence or
absence of injury.  Further studies, specifically histopathological
evaluation and MFO sampling,  will help in establishing injury.


Comment;   The study  methods and  data  analysis sections  do not
describe how  objective C, toxicological  analyses  of  effects on
growth and reproduction, will be conducted.  (ESC)

Response;   This  portion of  the study has been discontinued for
1991.


Comment;   Objective D,  the  determination  of the  feasibility of
using  microstructure  to  evaluate  depressed  growth  from  oil
contamination, implies  an experimental  technique  of  a  research
nature.  (ESC)

                              D-102

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Response;   Use of  otolith microstructure to  show environmental
stress is a proven technique.  The feasibility aspect of this study
is to ascertain its  applicability to showing stress relative to the
oil spill.


Comment;    The  reference  to  Rosenthal  which  cites  seasonal
variations  in abundance  in  nearshore  habitats  contradicts  the
premise  that  demersal rockfish complexes  have a  high  degree of
fidelity to their habitat and are relatively  sedentary.  The study
of reef habitats for histopathological and  other long term effects
may be invalidated by mixing of populations.   (ESC)

Response;    Rosenthal's  study  involved  species  counts  using
underwater  transects.    In  that  reference  Rosenthal  attributes
changes in abundance and species composition species disappearing
or becoming more secretive.   This,  in  light of  other studies,
(especially  Carlson  and Barr,  1977),   indicates  that  demersal
species go into hiding during the winter months rather than leaving
the area.  Pelagic species will move into deeper waters.


Comment;  Sampling locations are not identified, and the criteria
for choosing sites does not indicate adequate scientific control or
baseline determination.   It is not clear whether the test sites are
representative  of the entire  resource.    The  appropriateness of
sampling  sites as  controls  and test  sites cannot be  evaluated
adequately, particularly regarding  other  important variables, such
as other sources of petrocarbons.    (ESC)

Response;  Sample  sites and selection techniques were identified in
the methods section.
Comment;  Sampling design is inadequately addressed and biased to
improperly sample target fish species.  (ESC)

Response; Demersal rockfish, specifically yelloweye rockfish, were
being  specifically  targeted  because during  1989  they  were the
species which were found dead immediately  after the spill and also
showed  elevated  hydrocarbon  levels  in the  bile.    The sampling
design was not designed to get a random sample but  directed to get
a representative sample of the demersal fish at each site.


Comment;  The level of effect from EVOS which will be tested for,
and the probabilities of making Type I and Type II errors are not
specified with respect to experimental design, sampling strategies
and statistical significance.   (ESC)
                              D-103

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Response:  The level of effect for our hydrocarbon analysis with a
sample size  of 40 fish in the  treatment group will allow  us to
detect a difference  of 20%  with the probabilities of  type  I and
type II errors of .05 and .2 respectively.  The histopathological
samples with a sample  size  of  60 fish will allow us to detect a
difference of  15%.


Comment;   The  appropriateness of sample sizes specified cannot be
evaluated.   (ESC)

Response:  See answer to previous comment.


Comment;    How the  different  levels of  variability  (geographic,
oiling, and reef  communities) will  be  handled  in the analysis is
not explained.   (ESC)

Response;  The Trustees are not trying  to  account  for different
levels of  oiling,  but determining  the  presence  or  absence of
hydrocarbons.


Comment;    How samples for  hydrocarbons and  fecundity will be
handled and preserved  in  the field to  ensure  sample  quality and
integrity are  maintained until  analysis in  the laboratory is not
revealed.  Chain of custody and QA/QC procedures are not discussed.
(ESC)

Response;   Sample handling and  chain-of-custody procedures were
discussed in the methods section.


Comment;  Bile, which is non-specific to hydrocarbon source and may
be subject to  interference by exogenous and endogenous compounds,
cannot be  analyzed  to determine whether EVOS  hydrocarbons are
present in demersal rockfish.   (ESC)

Response:  The hydrocarbon  analysis may be  non-specific, however
the  presence  of hydrocarbons  in  bile,  in concert  with  other
results,  may lead to the conclusion of contamination by EVOS.


Comment;     Tissue   analysis  to  detect  EVOS  hydrocarbons  is
questionable due to the efficient, and possibly selective,
metabolic functions in fish.  (ESC)

Response;  The primary indicator of exposure  to hydrocarbons is
bile.  Other  tissues  will  be  analyzed only if results  of  bile
analysis indicate further investigation  is necessary.


                              D-104

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Comment;  Specific techniques for determination of hydrocarbons in
sediments   and  tissues   are   inadequately   described.     How
contamination will be defined and determined is not  stated.   (ESC)

Response;  All samples for hydrocarbon analysis were sent to Auke
Bay  NMFS  laboratory  for  analysis  on  site  or  through  sub-
contractors .
Comment;   It is unclear  how descriptions of otoliths  are to be
interpreted.  It is not possible to determine how otolith-derived
age composition and mean length-at-age data are  to be used.   (ESC)

Response;   Otoliths and  length data are  collected  as ancillary
information to better describe  the organisms being sampled.


Comment;   The objectives  and  methods do  not indicate that this
study will result in a quantification of injury  to resources.  The
objectives are split between documenting exposure and identifying
aspects  of  injury.   There is  no indication that damage  will be
assessed  beyond  testing  the  statistical  significance   of  its
occurrence, or will be related  to EVOS.   (ESC)

Response;    This study   is  designed  to  produce  a  qualitative
assessment, rather than quantitative assessment.


Fish/Shellfish Study No.  27 - Sockeye

Comment;    Studies  appear to  penalize  potentially  responsible
parties  for  the  increase  in pink salmon  population  to the level
which would occur without commercial fishing.  That more fish is an
injury defies common sense, and appears  to be utilizing  damage
assessment in a  manner inconsistent with  Congress's  intent.  No
evidence  is  cited which  proves injury to spawning  habitats, or
elsewhere, resulted from  the elevated population.  (API)

Response;  This is a sockeye directed project and the intent is to
investigate  the  potential  damage  of sockeye overescapements to
future sockeye production and to lake (freshwater) ecosystems where
spawning and rearing occur.  Given the sockeye salmon life-history
(5-7 years), the evaluation of injury will be derived from  studies
being conducted in this and subsequent years.


Comment;  This study does  not account for the State's management of
this ecosystem.  Overescapement  is the result of  fishery management
practices.   Thus,  this is not an EVOS  impact  assessment  study.
Measures could have been taken in anticipation of injury caused by
the closure of commercial  fisheries, such  as the use of weirs, to

                              D-105

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minimize effects.   These measures would have been  less invasive
than those found in other  fish  studies.   Studies should evaluate
the impacts,  if any, of historic management practices.   (API, ESC)

Response;   Overescapement  is  the result  of not  being able  to
harvest  adult  sockeye in  traditional fisheries because  of  the
presence of EVOS oil on the fishing grounds.


Comment;   Evidence may  exist that shows that  salmon population
levels have been artificially deflated by commercial fishing.  The
increase in salmon population should not be assumed to be injury,
as positive effects are seldom injurious.   (API)

Response;  A basic tenet in the management of pacific salmon (all
species) is that escapements beyond a specific level results will
decrease numbers of adults in future populations.  It may be true
that sockeye production in some systems has been limited by heavy
fishing pressure.  However,  the evidence  for the sockeye systems
being  studied  here  is  that escapement  levels consistent  with
established goals will produce the greatest yields.


Comment;  The  study methodology does  not  provide data useful for
correlating  oil exposure  with  any  potential   observed  fishery
effects.  (ESC)

Response;  Sockeye salmon overescapements were caused by the lack
of fishing pressure on the  stocks due to the presence of  oil on the
fishing grounds.  With the inclusion of non-impacted study sites,
potential fishery effects can be factored out.


Comment;  The  determination of  number,  age,  and size of sockeye
salmon juveniles is selected freshwater systems  is of marginal use
in  determining EVOS  injury as  no oil  reached this freshwater
spawning habitat.  (ESC)

Response;  Oil did not directly reach this spawning habitat, but
may have reached the  spawning  grounds through contamination of
adult  fish.    However,  the main  objective  of  this  study is to
document injury as the result of overescapements. These freshwater
ecosystems are  very  oligotrophic and large  numbers  of predatory
sockeye juveniles can  disrupt the entire food chain of  these lakes.
Once disrupted, the food  chain is  difficult to restore, e.g., lost
species of zooplankton.


Comment;  The  field methods were  developed  to  perform fisheries
research unrelated to  EVOS.  (ESC)
                              D-106

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Response;  The field methods employed in the EVOS related fisheries
projects  were,  in  large  part,  developed  in research  projects
totally unrelated to  the EVOS.  This  project uses those methods
proven to be scientifically accepted.


Comment;  The determination of  injury in this study has no relation
to EVOS.   (ESC)

Response;   The Trustees disagree.   The  injury to the freshwater
ecosystem as the result of sockeye salmon overescapements may be
linked to the  EVOS.
Fish/Shellfish Study No. 28 - Run Reconstruction

Comment;  There should be a modeling effort comparable to the one
proposed in this study to assess damage to  other components of the
ecosystem.   (UM)

Response;  Pacific  salmon  support immense commercial, sport, and
subsistence  fisheries, and, for this reason, their life histories
and population dynamics have been exhaustively studied for the past
century.  It is  only  because  of this historical information that
the run reconstruction study is possible.  The governments intend
to determine injury to the rest of  the ecosystem and to restore
these other  components.


Comment;  The salmon population dynamics in PWS indicate that the
status quo is not stable,  but  transitional.   Since even obvious
factors  affecting  salmon  population  dynamics  are  not   fully
understood by area fisheries managers,  it will not be possible to
provide  the  input to  describe the   subtleties  of  historical
population dynamics.  (ESC)  The effects noted as oiling values for
parameters consider only negative values.   (ESC)

Response;   This comment  is  not clear.   However, using  the run
reconstruction model to estimate catch and escapement counts in the
absence of the oil contamination,  the effects  of the  spill will be
determined by the  difference  between these  estimates  and the
observed catch and escapement counts.


Comment;  The comprehensive  timing model  of  Schnute and Silbert
(1983) may not represent the  salmon dynamics  of  Prince William
Sound.  (ESC)

Response;  The timing  model of  Schnute and Silbert was developed
for a terminal fishery.  The PWS study  deals with several stocks,
which  will  add  another dimension  to  the  model.    Using the

                              D-107

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historical  tagging  data,  the  study  will obtain  estimates  of
district-to-district  transition  probabilities  for  each  stock,
allowing the  addition of the  Markovian exchange process  to the
timing model  (Hilborn, 1989).


Comment;  Testing the model parameters  against a single year class
will not be adequate to prove that the model works.   (ESC)

Response:  There exist thirty years of catch,  fishing effort, and
escapement data that can  be  used not only to fit the  model, but
also to evaluate its effectiveness.  Moreover,  simulation is also
a commonly used technique in evaluating a model's effectiveness.


Comment;   The  model  and  the  input data  are  not  sufficiently
described to  determine if this modeling procedure  is technically
sound.   It is necessary  to  know what  EVOS  effect the  model  is
intended to detect and the Type  I and Type II  errors expected.
(ESC)

Response;  The references of Schnute and Silbert  (1983) and Hilborn
(1990)  outline  the  timing model and  procedures  for  obtaining
maximum likelihood transition  probabilities from tag recoveries.
The study plan outlines how the two techniques will be combined for
the PWS run reconstruction.

The model will provide estimates of the catch and escapement counts
in the absence of the spill.  Obtaining any probablistic confidence
in these estimates (type I and type II errors of a hypothesis test,
for example) will have to be done through simulation.  Only until
we have developed the model can we evaluate it.


Comment;  The utility of models such as this is to provide a range
of  possible  future   conditions.    Such models  lack  precision.
Managers have had  the data necessary to construct  similar models
for years,  and have not done so due to their limited validity and
application.  (ESC)

Response;   On the contrary,   these models can  be  effective  in
environmental assessment and decision making.   The models require
an enormous data base source,  a comprehensive understanding of the
dynamics of  the  phenomenon  to be  modeled,  and  the  latest  in
numerical  software and computer hardware.  This  modeling effort
will  use publications of this past decade for  its  mathematical
foundation  and  will  utilize  the  thirty years of  catch, fishing
effort, escapement,  and tag recovery data that is available.
                              D-108

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Comment;   The Plan states that  these models will  be  useful for
establishing harvest policies and for allocating fishing activities
among  areas  and times.   The  investigators' approach  appears to
focus on the  development of data for guiding fish allocation policy
decisions and not on NRDA impact assessment.  (ESC)

Response;  The inspiration for the development of this model is for
NRDA impact assessment.  Once the model is built and the database
developed, it can be used for future management decisions.


Fish/Shellfish Study No. 30 - Salmon Database Management

Comment:  There is no timetable for accomplishing this study, and
no explanation of the need for it in light of the salmon database
management tasks being undertaken in Technical Services 3.   (UM)

Response;  Technical Services 3 provides a geographic information
system.  This project  develops a biological database,  and should
terminate within one year after completion of field data collection
and completion of laboratory analysis.


Comment:   Although described as  a  study, the objective  of  this
program  is to develop the  computing capacity and  facilities to
manage historic and spill-related data  for the  Trustee Council's
efforts in the Fish/Shellfish area.  The construction of a database
system to maintain both historical and spill-related data does not
fall within  the purview  of  the NRDA regulations,   nor  does the
structural facility to house that database system.    (ESC)

Response;  Development  of the database is necessary  for analysis of
data collected in NRDA field projects.   The hardware required by
this project is limited to that necessary to accomplish the work.
                              D-109

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COASTAL HABITAT

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Comments on Coastal Habitat Studies

Phase I

Comment;   The  description of  Phase I  does not  include enough
information to ascertain whether the study has been designed to be
statistically valid or how extrapolation from specific stratified
random sample sites to all possible sites  in a given category can
be accomplished.   (ESC)

Response;  The  objective  of  the 1990 plan was to provide summary
information  on  individual studies,  adequate  for reviewers  to
understand  the  scope  of  the  study.    Statisticians have  been
consulted during the plan development to ensure that appropriate
statistical designs are followed to allow  for extrapolation.


Comment:  No criteria for understanding how potential study sites
were ground-thruthed have been  included in Phase I.   (ESC)

Response;  As stated on pages 11-12 of the 1990 plan, the potential
study sites were visited by coastal habitat personnel examining the
sites'  physical   and  biological   attributes   to  verify  their
appropriateness as a matched  pair  to respective oiled or control
sites.
Phase II. Part A

Comment;  The study design of Coastal Habitat 1 does not permit the
Trustees to estimate chronic or sublethal effects, particularly in
fish.  (NWF)

Response;    The  coastal  habitat  study  is  designed to  measure
sublethal effects  to the intertidal fauna  and flora considering
such factors  as mussel  reproduction,  intertidal fish parasitism,
respiration, and growth.


Comment;  This is  one of the most important studies of the whole
plan, yet it has improved only marginally in detail from 1989.  The
description of the study plan indicates that analysis of the 1989
samples was not sufficiently complete to be used to modify the 1990
sampling  plan.     Considering  the  funds   expended,   this  is
reprehensible.  (UM)

Response;   Sufficient  analysis  of  the 1989  field  samples  was
completed before the 1990 field work began.   The study was modified
to reflect the results of this analysis, including the pairing of
sites, the selection of  new study sites, and the addition of site-
specific biological experiments.

                              D-110

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Comment;   Hydrocarbon analyses  of  plant and algal  materials is
still  lacking.    It  is  impossible  to tell  if productivity of
subtidal plants and algae is being assessed.  (UM)

Response;  Due to  the  large number of field samples, the process of
hydrocarbon  analysis  is taking  a long  time  to complete.   This
information is being analyzed together with field measurements to
determine the direct and indirect effects of oil, and the effects
of cleaning on plant survival and productivity.


Comment:  Although  in the  study  description it is  stated that an
"integrated ecosystem approach" will be stressed, only lip service
is given  to assessment of  the functioning of  the  ecosystem and
potential  for  trophic  transfer  of  contaminants.    From  the
information  presented it is impossible  to tell if  this  will be
accomplished.  (UM)

Response;  The coastal habitat study is founded upon an ecosystem
approach to  determining  injury.   By examining biotic and abiotic
links within coastal habitat zones, and by providing information to
those  responsible  for other  damage  assessment  studies,   it is
expected  that a  comprehensive,  ecosystem-wide  determination of
injuries  may be  established.    A synthesis  process integrating
appropriate resources has been initiated.


Comment;  The bibliography  supplied is very dated  in most cases,
and   the   relevancy   of   the   references  chosen   is   somewhat
questionable.  (UM)

Response;   The  1990 study plans  included bibliographies  of only
selected literature; moreover, the quantity of  literature pertinent
to cold northern climates  is sparse.   A  complete listing of
appropriate literature is being assembled and likely will be made
public.


Comment;  This  study  may be continued  in an  attempt to document
recovery of areas  where significant effects are observed.  Clearly,
this and other studies where significant effects of the EVOS are
observed should be  continued at  least  until some estimate of the
recovery period can be made.   (UM)

Response;   Coastal habitat  data collection  is scheduled  to be
conducted over a  three-year period that  began  in  1989.   Several
samplings per year are being collected to assess  potential injuries
and recolonization (recovery) rates of  intertidal flora and fauna.
                              D-lll

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Comment;    Some  measure  of both  aerobic  and  anaerobic  carbon
cycling, such as respiration and sulfate reduction, should be made
to assess potential  effects of the EVOS on energy  flow in these
systems.  (UM)

Response:   These measures  are beyond the  scope  of  the coastal
habitat study.


Comment:    There  is  no  way to  determine whether the  study's
objectives  will  be  met.    Without adequate  description,   it  is
impossible  to tell  whether results can be  extrapolated to other
sites exposed to oil.  (API)

Response;   The objective  of the 1990  plan  was to  provide summary
information  on   individual  studies,  adequate  for  reviewers  to
understand  the  scope  of  the  study  and  the  interrelationships
between studies, and the scope of the overall  damage assessment
program.   The Trustees  believe  there is  sufficient  information
provided for that type of review.


Comment;  Although the Coastal Habitat Study claims to be following
an ecosystem approach,  the level  of detail  provided  makes  it
impossible to determine how well this  will be accomplished, and to
what extent community structure or  function  will  be addressed.
(UM)

Comment;   The damage  assessment  section  has been  significantly
expanded  from  the  1989  plan,  but  the   information  is  still
inadequate to determine how well injury will be assessed.  (UM)

Comment;  The Coastal Habitat study fails to recognize the findings
of the  Net  Environmental Benefit Analysis, which indicates that
oil-impacted areas are recovering.   (ESC)

Response;   The 1990  study has  again been  reviewed extensively by
appropriate experts  for  design and cost-effectiveness and, where
appropriate, has been revised  accordingly.  We  have reviewed the
findings  of  the Net  Environmental  Benefit  Analysis  and  have
incorporated any applicable findings into the study design.


Comment;  Much of this year's work will be the  "analysis  of samples
obtained in 1989."   In 1989 "specific methods" were developed for
each component of the study, but are  listed  by title only. Most of
these   are   very    procedural,   ("locating  quadrants,   sample
identification   and  chain  of   custody,   sample  storage  and
identification", etc.),  somewhat  generic,   and  necessary for any
study.  Usually, this information would appear in  the  QA/QC plan,
which were not,  other than  the analytical chemistry and histology

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groups, submitted as part of either the 1989 or 1990 plans.  Only
a  few titles in  this  list indicate what  type of  data  they are
generating.   (UM)

Response:  The work performed in 1990 involved  the completion of a
limited amount  of sorting and analysis of  1989  samples,  and the
collection and  initiation of sorting and  analysis  of 1990 field
samples.   A  detailed  study  plan  of  data  analysis,  collection
techniques, and QA/QC standards was not included because the plan
is aimed at providing a summary of individual studies adequate for
reviewers to understand the general scope of the studies, and the
interrelationships between studies.


Comments;   To  be  reviewed adequately,  the  "Specific  Methods"
developed for this  study  would have to be available to qualified
experts.  (UM)

Response;  The  specific methods in the coastal habitat study may
produce results used in  litigation.   They therefore constitute
confidential information unavailable during the study process.  A
less  detailed  review version  is  provided to  allow reviewers to
understand the scope of this study and its  interrelationship with
other studies.
Comment;   The "Specific  Methods"  section should  be  expanded to
include  measures  of both primary  and  secondary  productivity in
matched  oiled  and  unoiled habitats in the supratidal, intertidal
and subtidal zones.  (UM)

Response;   Due to  the extent of the  spill-affected area and the
study's primary objectives of estimating the quantity,  quality, and
composition of critical  trophic levels in moderate-heavily oiled
sites  relative to non-oiled  sites,  an  estimate of  community
function cannot be directly determined.  The study, however, does
take   an   integrated   ecosystem  approach   to   assessing  the
interrelationships between and within the intertidal  community.


Comment;   The flora and  fauna  of the  intertidal  communities of
Prince William Sound and  the Gulf  of  Alaska are thriving.  Thus,
the justification  for  the Coastal  Habitat study is questionable.
(ESC)

Response;   Our data  do  not  support  the conclusion  that these
communities are thriving.  The data to date have been extensively
reviewed by experts, resulting in the continuation of the coastal
habitat project.
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Comment;   The Plan  does not  address  QA/QC or  chain-of-custody
issues.  (ESC)

Response;  The QA/QC standards were established by the analytical
chemistry  portion  of  the   damage  assessment  process  and  are
appropriately included in that section of the  plan.   There is no
need to  duplicate these standards  in  the coastal habitat study
plan.


Comment;    The  Coastal Habitat  study  does  not  describe  how
information  gained from subtidal sites  can be  related  to  the
stratified random  sample sties since subtidal sites  were chosen
independently of the intertidal and supratidal sites.   (ESC)

Response;  The subtidal portion of the study is not directly linked
to the  stratified random sampling  design of the  intertidal  and
supratidal portions  of  the  study.    The subtidal  study  is  now
incorporated into the Subtidal study 2,  to which it was linked last
year.


Comment;  It is unlikely that the  Coastal Habitat study will yield
an objective  quantification  of injury  and recovery since lightly
oiled shorelines  were eliminated from  study and  moderately  and
heavily  oiled shoreline  were combined into  one  category for  the
stratified random sample study.   (ESC)

Response;   Detailed hydrocarbon  analysis  is being performed on
samples  from each location  that  will yield a range  of precise
levels of  hydrocarbons.   This range  in levels will  provide  the
means for extrapolating injury.


Comment;  There is no indication  in the  Coastal  Habitat study of
the total  number  of sites  samples  or their  distribution between
control  and  oiled  sites; among Prince William  Sound,  the Gulf of
Alaska,  or Kodiak  Island; or among  habitat or  the five shoreline
types.   Nor are the five shoreline types identified.   There is no
mention of whether any of the sites  were sampled more than once in
1990 or  the  number of sites that were sampled in both 1989  and
1990.   It  is not known from the write-up of this study whether the
same criteria were used to select  sites in both years.   (API, ESC)

Response;  Page 10 of the 1990 plan  identifies that there were 102
sites to be studied in 1990.   These are distributed equally between
control and oiled sites with  42 sites in PWS,  27 in CI/KP and 33 in
KAP representing  the five  following habitat types:   (1) exposed
rocky  shores;  (2)  fine textured beaches;  (3)   coarse textured
beaches; (4)  sheltered  rocky shores;  and (5) sheltered estuarine
shores.  Seasonal  and annual  collection of data  has been integrated

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into the study design integrating 1989  and  1990 sampling sites.  A
discussion of the site selection process is given on pages 10-12 of
the plan.


Comment;  Estimation of recovery rate in Phase II -  Part A requires
several  sites  visits.  The  study does not  explain  how seasonal
changes will be integrated into the estimation of impact/recovery
or  what  parameters  will  be  used to  predict recovery rate and
potential  for  restoration.   The habitat  types examined  in the
stratified  random sample are  not provided.   And the  degree of
oiling is not clearly defined.  (ESC)

Response;   Coastal  habitat  data collection  is scheduled  to be
conducted over  a  three-year  period that began  in  1989.   Several
samplings  per  year  are being collected  to  determine  potential
injuries and recolonization  (recovery)  rates of intertidal flora
and fauna.
Comment:  Methods are  not  given for random selection of sites in
Phase II - Part A.   Inclusion of nonrandom sites,  chosen in 1990
for  Coastal  Habitat  1,   may  make the  whole  sampling  design
nonrandom.  Thus,  it may be difficult to extrapolate impacts to the
entire spill-affected area.  None of the statistical procedures for
detecting differences are described.   (ESC)

Response:  The selection process is explained in the August 1989
and the 1990 State/Federal Natural Resource Damage Assessment and
Restoration Plans.  As explained in the 1990 plan, the additional
1990 sampling sites  were deductively selected to provide additional
spatial and habitat  distribution thus providing a paired comparison
that  maintains   the   statistical  validity   of   the   design.
Statisticians were consulted during the development of the 1989 and
1990 study  plans  to ensure that appropriate statistical designs
were met.
Comment;  The Coastal Habitat  study contains no reference to the
determination  of  appropriate  restoration  techniques  or  the
assessment of the effectiveness of natural recovery.  (ESC)

Response;   Coastal habitat  data collection  is scheduled  to be
conducted over a  three-year  period that began  in  1989.   Several
samplings per year are being collected to assess  potential injuries
and recolonization rates of  intertidal flora  and fauna.   This
information  will  be  used to  determine appropriate  restoration
techniques.
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Comment:   None  of  the methods  used  to  determine  hydrocarbon
concentrations in sediment  and soil are given in Phase  II - Part A.
Objective  B  of  this study should  be  to  "measure"  rather  than
"estimate".  (ESC)

Response;   Hydrocarbon  analysis  of  sediments  and soil  samples
collected  by the  coastal  habitat  project will  be  analyzed  in
Technical  Services   study  1.      The  analysis   will   measure
concentrations of petroleum hydrocarbons and their metabolites.


Phase II. Part B

Comment;  The use of historical  data in Coastal Habitat 1 may not
be  relevant  because there is  no  information provided  on  the
location of the ten historical sites from which mussel and sediment
contamination data have been  collected.   If they  are  from  low-
energy, low gradient beaches at the head of  embayments,  they are
not typical of most of the oiled sites  in Prince William Sound.  It
is  unclear from the  Plan  whether the  methods for detection  of
petroleum hydrocarbons  in the mussel  tissues is the same for the
historical  and   the  post-spill   samples.    The   presence  of
hydrocarbons in mussel tissues should not be considered an injury
unless  it can  be  shown  that  these  oil  residues  are  causing
biological damage.   (ESC)

Response;  The historical sites and sites established just prior to
the spill were placed at low energy sites where fine sediments are
available.   Although some  of  these sites  received  light oiling,
they are not  typical  of the exposed areas that received moderate to
heavy  oiling.   The  information from  these sites will  provide a
basis for evaluating the extent of oiling and impact in protected
areas adjacent to high energy oiled areas.  Analytical methods for
the historical samples  and post-spill samples  are the same.   The
presence of hydrocarbons in mussel tissues are used as an indicator
of availability to organisms of hydrocarbons in the water column.


Comment;  Since no information is  given as  to the  locations of the
ten historical sites, it is not possible to know whether they are
in  areas that  were  affected  by the oil  spill.   There is  no
explanation as to how the ten historical sites or the ten new sites
were selected.   (ESC)

Response;  Most of the ten  historical  sites were outside the spill
area with two  or three  exceptions.   These are located  in areas
considered most  likely  to  be oiled  in the  event of a spill.   The
ten additional sites were established  during the early days of the
spill in areas that were most likely to be oiled.
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Comment:   Increased  efforts  at modeling historical data and that
obtained as part of the NRDA to predict both effects and recovery
has only been given limited attention.   (UM)

Response;   Currently the  historical hydrocarbon  data  are being
examined   in  detail.    Individual  concentrations  of  aromatic
hydrocarbons in sediments and mussels in spring, summer, and fall
periods for the years  1977-1980 are being summarized.  Results from
NRDA samples will be compared to the historical data.


Comment;   Part A of Phase II of the study contains only a general
list  of methods:    there is  no  description  of  the  number  of
transects  per  site  or the number of tide  levels  sampled at each
site; methods for sampling and analysis  of  biota and sediments are
not  given; there is  no description  of the tests of biological
conditions  and community function;  and none of the  methods for
injury  determination  are included.    Consequently,   it  is  not
possible to assess the technical soundness  of this  program.   (ESC)

Response:   One transect  is  sampled per site.   Sampling  on the
transect is described in the study plan.  Hydrocarbon analysis of
sediments and mussels by GS/MS will occur under Technical Services
1.  Direct injury will be documented if community changes are found
on the photo transects.


Comment;   There has  been no  consideration  of shoreline treatment
procedures  in  site  selection for phase II  - Part  A and only one
level  (moderate to heavy)  of oiling  is  being compared to control
conditions,  so the  "response  to varying  degrees  of  oiling and
subsequent clean-up procedures" cannot be measured.  And it may not
be  possible to demonstrate  any  biological response  unless all
control  sites  in the stratified  random sampling  were randomly
selected.   (ESC)

Response;   Sites  were selected  before  any oil reached them and
prior  to  shoreline treatment.   Two sites  subsequently received
extensive cleanup and two received moderate to light cleanup.  The
sites included heavily, moderately, and lightly oiled sites.  All
sites were selected  according to  a  stratified  random procedure.
They are all in protected bays, but the sediments vary somewhat.


Comment;  There is insufficient information in Objective B of Phase
II  to  determine whether field  sampling or laboratory analysis
methods used to collect the historical data are the same as those
employed in selecting the  1989-90  data.  No methods are outlined
for  determining whether  differences measured  over time  can  be
attributed  to  the  spill or to  natural  or  anthropogenic changes.
(ESC)

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Response:   The historical and new sites are  treated  the same for
field sampling and laboratory analysis.  Hydrocarbons in sediments
over the baseline  levels  can  be linked to Prudhoe Bay  crude oil
through the compounds analyzed under Technical Services 1.
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AIR/WATER

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Comment;    Other  than  a  comment  stating  that  extremely  low
concentrations of hydrocarbons in water and air observed during the
1989 sampling indicated that further sampling of these compartments
was  no  longer needed,  no  rationale was  given for  why  specific
studies were excluded from the 1990  plan.  Many of the species and
life stages covered by the canceled  studies are important resource
species and/or sensitive components of the life cycle which could
sustain damage in years  subsequent  to the spill.   It would seem
premature  to  abandon  these  studies  so early  in  the  damage
assessment process.   (UM)

Response;    The   portions   of  the  Air/Water  studies  that  were
discontinued and not combined with another project were activities
that the Trustees determined had little potential to contribute to
the documentation of resource injury.


Comment:  These studies are not cost-effective.  (API)

Response:   The Air/Water  studies focus  on  a broad  and complex
ecosystem  that  provides  the habitat  for  a large  variety  of
organisms.  Most of these organisms  serve  as  prey items for higher
trophic levels in the food  chain.  The overall documentation of the
extent and persistence of EVOS hydrocarbons in the environment, and
the  pathways  by  which  habitats  became contaminated  and  the
contamination  entered  the  food  chain,   will  continue  to  be
understood poorly unless these studies are conducted.  The Trustees
have determined  that the expense of conducting these studies is
justified  by  their overall contribution  to  the  documentation of
injury.


Comment;  These studies consist  of  basic  research.   They are not
targeted to show  specific  injury  and are  not consistent with DOI
damage assessment regulations.  (API,  ESC)

Response;  An evaluation of injuries to the benthic resources and
habitats  addressed  under  the  Air/Water  studies  is a  critical
component in  assessing the overall  injuries to natural resources
caused  by  the  EVOS,  and is  consistent  with  the  DOI  damage
assessment regulations.


Comment;  The only available techniques to measure the effects the
studies  are  attempting  to measure  are   unreliable.    Sediment
toxicity assays and their application are  still being developed by
the scientific community.  Toxicity source identification methods
for sediments are unavailable.  (API)
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Response;    The  GC-MS  analysis  performed  on  sediments  under
Technical Services 1 is a well developed scientific technique.  It
can  identify  enough hydrocarbon compounds  in sediments  so that
major sources can usually be identified.


Comment;  Major  components of all three studies, particularly Study
AW6, are research.  Methods proposed for trace hydrocarbon analysis
(AW2) and toxicity testing  (AW6) are neither standard nor accepted
for this purpose and any new methods will have to be developed as
part of the studies.   (ESC)

Response:  The  techniques  used  to  document  injury to the benthic
resources and habitats addressed under the  Air/Water studies are
well established and documented in scientific literature.


Comment;  The study plans are flawed in that they assume that the
chemical  analyses  from sediment samples  are  related to  the oil
spill.  The methods fail to take into account effects  that have
occurred over time from other sources.  (API)

Response;  The  GC-MS  analysis performed  under Technical Services
identified  enough   compounds   so  that   EVOS  oil  should  be
distinguishable from hydrocarbons  from other  sources.   Air/Water
Study 6 examines long-term  toxicity of weathered Prudhoe Bay crude
oil and oxidation products of oil.


Comment;  Site selection was not random.   (API)

Response;  As a  random  site selection approach to subtidal sediment
sampling over the entire spill area is cost prohibitive, a paired
sampling  approach  using oiled  and unoiled areas  is used.   The
Air/Water  6  study relies  on the  measurement of  hydrocarbons in
sediments  under Air/Water  2  (samples  were shared)  to  establish
which sampling sites were oiled.


Comment;  There  are potential methodological  problems with chemical
analyses of sediment.   (API)

Response;   The GC-MS  technique used  to analyze  sediments will
provide a detailed breakdown of the hydrocarbon compounds present
in  sediment samples.    This is  a well established  analytical
technique accepted in  the scientific community.


Comment;   The method  used most frequently to measure  petroleum
hydrocarbons in water  and sediments (UV fluorescence) is specific
for  aromatic  hydrocarbons  and  is  not  always  conclusive  in

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distinguishing between  aromatics  from  the oil spill and aromatic
hydrocarbons from other sources.  (ESC)

Response:   The  UV fluorescence  method is  used primarily  as a
screening device to determine whether hydrocarbons are present in
a  sample and  to guide  selection of  samples for  more detailed
analysis.


Comment;  Air/Water 2, 3 and 6 are not well integrated internally
or with each other or with Coastal Habitat 1.  (ESC)

Response;    The  sampling  locations  of  these  studies and  the
logistical   support   (vessel  charters)   are  well-coordinated.
Air/Water studies 2 and 6  share  sediments from the same samples.
Due to the stratified random site selection approach used for the
Coastal  Habitat  1 study  for  1990,  it  was not  practical  to
coordinate Air/Water study sites with that project.  The subtidal
eel grass bed  sampling portion of the  Coastal Habitat study was
coordinated with Air/Water 2 sampling sites however.

Comments on Air/Water Studies - Specific

Air/Water Study No. 2 - Subtidal Sediments

Comment;  It is questionable whether  the budget cuts  made  as a
result of combining Air/Water Studies 2 and 4  are  appropriate since
there is no line item in the budget for sample analysis.  (NWF)

Response;   Air/Water 4  was  combined  with Air/Water 2  in  1990.
Collections for these studies were combined on tightly coordinated
cruises  that  maximized  the  efficiency  of  the  field  sample
collections.  Air/Water 6 samples were taken  on the same cruises.
Sample  analysis  was  performed  by the individual  components  of
Air/Water 2  with a major  portion of  the costs  for hydrocarbon
analysis of sediment samples included in Technical Services 1.


Comment;    Proposed  analytical  methods  are  inappropriate  to
distinguish various hydrocarbon sources from  EVOS.  (ESC)

Response;   Technical  Services  Study  1 established  the quality
control procedures  for hydrocarbon  analysis  for EVOS  oil.   The
methods employed will  allow the identification of  North Slope crude
oil in cases where the analysis  is being performed directly on oil
found in the sediments sampled by Air/Water 2.
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Comment;  It is unclear whether gas chromatograph methods described
in  Technical  Services 1  can  be  used to  distinguish  between
weathered EVOS oil and oil from other sources for studies Air/Water
2 and 6.  (ESC)

Response;   The compounds analyzed under Technical  Services No. 1
will include aromatic compounds and the C10-C34 alkanes, which will
provide sufficient  analytical information to describe different
weathered states of  oil and distinguish North Slope crude oil from
other sources.
Comment:  Although the description of samples to be taken and the
methodology  to be  employed  are much  more  complete than  that
presented in the 1989 plan,  the actual number of samples that will
be eventually analyzed is not stated.  (UM)

Response;  Currently, 385 sediment samples are being or have been
analyzed from those collected in 1990.   Additional samples may be
submitted for analysis once  the results from these initial samples
are available.
Comment;  Statistical tests of hypotheses are vaguely defined, and
it is not clear how abundance and biomass are to be tested.   (ESC)

Response;  A Kruskall-Wallis and a multiple comparison test for
significance  will  be used to  test  for  differences  in  total
abundance and  biomass between  stations sampled each  year and in
multi-year data sets.  The tests will be made on the abundance and
biomass  of  selected predominant taxa  at  stations.   Analysis of
variance (ANOVA) has been added to the statistical analysis.  ANOVA
will be used to test differences in abundance and biomass between
predominant taxa  for  stations at similar depths  within oiled and
unoiled bays.


Comment;   It  is  unlikely that the  statistical  analysis  of the
benthic infauna will have much meaning considering the numbers of
both oiled (6) and unoiled  (6)  sites to be sampled.  Furthermore,
because  the  geochemical  techniques  being  employed  will  not
discriminate  the  various  sources  of  hydrocarbons   (biogenic,
pyrogenic, and other petrogenic)  the statistical analysis will be
unable to  correlate  any  effects  observed with  EVOS oil  or its
weathering products.   (ESC)

Response;  Sample size is minimal.  However, it is expected  to be
adequate to detect major faunal differences between sites.   It will
be possible  to correlate effects with EVOS  oil  because chemical
analysis of sediments at sample sites will allow identification of
oil.

                              D-122

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Comment;    It  is  proposed  that  injury  determination  will  be
accomplished by correlating  the  results  of the chemical analyses
(HPLC) with the Microtox  measurements  (as  a measure of toxicity)
and  with the deep  benthos  biological  statistics for  oiled and
unoiled  sites.   It will be  impossible to  determine EVOS-imposed
injury in  this  manner  because:  (1)  it  will not be  possible to
quantitatively  discriminate  an  EVOS   signature   from   other
hydrocarbon sources, and  (2) the Microtox tests are invalid tests
of toxicity as explained above.  (ESC)

Response:  Preliminary  tests with  Microtox in 1990 indicated low
sensitivity to Exxon Valdez oil in sediments and this technique was
discontinued.  The analysis for aromatic  compounds and the C10-C34
alkanes  in  sediments under  Technical  Services 1 will  allow the
separation of North Slope  crude oil from other sources of oil.


Comment;   The  site  selection  procedure,  the  number of  sites
selected,  and  the   hydrocarbon  chemistry  methods to  be  used,
preclude  the use  of  deep  benthos  infaunal  species  diversity,
species  abundance,  and total  biomass  from being used  to  assess
EVOS-related  injury  to subtidal  marine  resources.   Further, the
site selection procedure precludes extrapolation of the site data
to the entire region.   (ESC)

Response;    The  site  selection  procedure  is  appropriate  for
assessment of total abundance and biomass using Kruskal-Wallis and
multiple  comparison  tests.    The  results  will be  useful  for
investigating major faunal differences between oiled and unoiled
sites.  The study was not  designed to enable extrapolation to the
entire region.   Subtidal  benthic  systems  differ sufficiently so
that  area-wide  extrapolation  is not  possible.   However,  common
fauna between benthic sites are typically found,  and differences in
these  predominant   and  ubiquitous  faunal  components  may  be
extrapolated.


Comment;  Objectives A-H.  The small number  of sites and the method
of their  selection  are such that  it  is unlikely that  the major
objectives will  be realized in  a manner that will permit them to be
extrapolated to the region as a whole.   Therefore, it will not be
possible to obtain one of  the main goals in the study which is to
"evaluate the extent of subtidal  hydrocarbon contamination in PWS,
along the lower Kenai Peninsula,  and near Kodiak Island."  (ESC)

Response;     Sampling   was   conducted    in   a  paired   design
(treatment/control  pairs   of sites).    The  number  of pairs was
limited  by the  number  of  adequate  control  sites.    The  main
objective  of Air/Water  2  is  to determine  the  distribution,
composition,   persistence,  and   toxic   effects   of  petroleum

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hydrocarbons in bathymetric space.  Air/Water 2 is not designed  to
extrapolate sampling  results "to the region  as a whole."   This
requires a  random stratification approach and  a sampling effort
that is cost prohibitive for the required subtidal sampling.


Comment:  One  study uses  the  Microtox  test for  toxicity.   This
method is not accepted as  a sole indicator  and should be used in
conjunction  with  other  methods  to  determine  the  toxicity  of
sediments and the effect  of oil exposure.  Microtox bacteria would
not be  expected to be a part  of the sediment  infauna,  thus the
relationship of the test to the environment is not clear.  (API)

Comment;  The Microtox assay,  although  very quick and relatively
inexpensive to perform, is  at  best  a  very crude barometer of the
relative toxicity of these sediments.  Comparisons between toxicity
estimated with  Microtox  and more  routine acute toxicity   yield
highly  variable  correlation coefficients  depending  on  species
compared.  Attempts to use the Microtox assay as a direct measure
of  sediment toxicity have indicated that  toxicity  results are
highly dependant  on the  method used to obtain  an aqueous sample
from the  sediment under consideration  and suggest that further
method development  is needed.   Even the  study  by  Schiewe et al.
(1984)  cited in the plan points out many of the limitations of this
assay in addressing sediment toxicity.  (UM)

Comment;  When compared experimentally,  the Microtox  assay was
found to be less  sensitive than  either  the  Daphnia magma 48-hour
lethality assay or the Hexagenia limbata 168-hour lethality assay
in  assessing the  toxicity of  a  freshwater  sediment contaminated
with aromatic hydrocarbons and metals.  (UM)

Comment:  The Microtox bioassay,  based on  the response of a marine
bacterium to  methylene chloride  extracts of sediments  (used in
Studies AW2 and AW6)  is  not an appropriate  method for estimating
the toxicity  of  in-place  oiled  sediments  to  marine organisms.
Recent studies of  sediments from Puget Sound show that results from
Microtox bioassays of methylene chloride sediment extracts do not
correlate with the toxicity of the sediment interstitial water or
to  concentrations  of  polycyclic  aromatic  hydrocarbons in the
sediments.  (ESC)

Comment;  Microtox bioassay is considered a poor indicator of the
toxicity of the lipophilic organic compounds,  such as petroleum
hydrocarbons.   (ESC)

Comment;  The microtox bioassay  is  an EPA water quality test and
its application to sediment extracts is inappropriate.   (ESC)

Comment;  The Microtox measurements  proposed will be  unable to
attribute dose response relationships to an  EVOS component.   (ESC)

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Response;  This responds to the preceding 7 comments.  Preliminary
tests  with  Microtox in  1990  indicated low  sensitivity  to Exxon
Valdez oil in sediments and this technique was discontinued.


Comment:  Bioaccumulation, toxicity,  and growth should be assessed
in a number  of representative benthic organisms,  as is suggested in
the proposed update of the EPA  ecological  evaluation  of dredged
material.   (UM)

Response;  Sediment toxicity and its  effect on test organisms will
be addressed in 1991 in Subtidal #3.


Comment;  The HPLC/fluorescence method chosen to estimate petroleum
hydrocarbon concentrations has  the  advantage of  allowing large
numbers to be processed relatively quickly and inexpensively, but
it is not very specific.  Will it be  used only as a screening tool
to identify samples with elevated levels to be  analyzed by more
conventional methods with  better accuracy?   If  not,  erroneous
conclusions on levels of hydrocarbon contamination could be made.
(UM)

Response;   Under  Air/Water 2,  the  HPLC/fluorescence  method will
only be used as a screening tool.


Comment;   There is  no reason  given  for  the fact  that detailed
sediment sampling is scheduled to take place  three times while the
biological  samples  will only  be collected  in June/July.   It is
questionable   whether   measurable   differences   in   sediment
concentrations over that short a time period  exist that long after
the spill.  If they do, the frequency of biological sampling should
be increased.  (UM)

Response;  The expense of collection and laboratory processing of
the infaunal samples rendered  the cost of seasonal assessments of
the  deep  benthos  prohibitive.   Collection  and  analysis  (in
conjunction with  HPLC/fluorescence)  of sediment  samples is much
less expensive, and is providing for the opportunity for seasonal
hydrocarbon sediments collections.


Comment;  Using a 1 mm sieve on the benthic infaunal sampling will
miss many of  the numerically dominant species,  including most
invertebrate  larvae  and  some very  important  meiobenthic prey
species  for salmon fry  such  as  harpacticoid  copepods.    Many
investigators of soft-bottom  community structures require 0.5 mm
mesh sizes or smaller.   (UM)
                              D-125

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Response;  Both 1.0 and 0.5 mm sieves have been incorporated into
the sampling.  The benthic study was designed to assess macrofauna,
and was not intended to examine meiofauna quantitatively.  However,
use of the 0.5 mm screen should allow quantitative examination of
the larger meiofaunal taxa.


Comment;  The total number of  sites, the manner in which they were
selected,  and the  numbers of  samples to be  collected may  be
inappropriate for a statistically based study.  (ESC)

Response;      Sampling   was   conducted  in   a  paired   design
(treatment/control pairs  of sites) .   It was not the goal of the
study to extrapolate results over the entire spill-impacted area.
This  is  cost prohibitive considering the  extensive  subtidal
sampling that is required.


Comment;   Since  only  6  oiled  and  6  non-oiled  sites  will  be
investigated  for  effects  on  the  structure  of subtidal  benthic
communities,  it is extremely important that the control and oiled
sites be well  matched for sediment characteristics,  depth,  light
and nutrient conditions  if potential effects of the EVOS are to be
assessed  adequately.    Potential  effects on benthic  community
structure should be a key component of the NRDA.  (UN)

Response:  Although it is difficult to match completely all sites
with all characteristics,  sea  grass beds at the heads of bays were
chosen  as  the common  denominator  that is expected to  have  an
important influence on the benthic environment of all  sites.  A sea
grass  system  can  be expected  to  flux a  sizable  and  annually
reliable amount  of organic carbon to  the subtidal  environment.
Similar benthic faunal components responding in a roughly similar
manner would then be expected in the subtidal sites  selected.


Comment;  The  field program is very inefficient and is therefore
not cost effective.  The total number of sites,  the manner  in which
they were selected, and the number of samples to be  collected may
be inappropriate for a statistically based  study.  Non-random site
selection can yield biased results.   (ESC)

Response;  The field program was greatly increased  in  efficiency in
1990 by combining the sampling needs of  all Air/Water 2  (including
previous Air/Water 4) and Air/Water 6 program components  into the
same cruises.
                              D-126

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Comment;   The biological  sampling  plan for the  intertidal zone
(along a 30 m transect parallel to the shoreline in the range +lm
to -1m relative  to  mean  lower low water)  is inappropriate due to
the pronounced stratification of biota in that zone.  (ESC)

Response;  It was appropriate to sample the intertidal  zone as this
zone  is  most likely to contain infauna  in association  with fine
sediments.

Air/Water Study  No. 3 - Geographic  and  Temporal  Distribution of
Hydrocarbons

Comment:  Sediment  traps will  be  deployed at only a very  limited
number of  locations  and  can  only  assess the  concentrations  of
petroleum hydrocarbons on particulate material  settling out of the
water column.  (UM)

Response:  The sediment trap study is designed to monitor suspended
particulates  and hydrocarbons settling out  of  the water  column.
With the exception of control sites, the traps are  located  at sites
believed  to  be  most  likely  to  still  have  detectable,  mobile
hydrocarbons in the water column.  Sediment traps will measure both
adsorbed hydrocarbons and hydrocarbon "globules." Previous studies
have  shown  both  forms to  be  important  components of hydrocarbon
mobilization and subsequent deposition.


Comment;    Although use  of  caged  mussels  is a well   accepted
approach, particularly in areas with more heavily oiled sediments,
some  analysis of  the concentration and  patterns of  petroleum
hydrocarbons in the dissolved or whole fraction of  the water column
would seem to be warranted.  Measurements of this type will be of
particular importance to calculate the flux of hydrocarbon material
out of sediment reservoirs.   (UM)

Response;   By  1990, water  column  concentrations  of petroleum-
derived hydrocarbons were below detection  limits using practically
sized samples (i.e., up to about 5 liters) in PWS.


Comment;    Objective 1.    Sediment traps are not  appropriate for
determining particulate transport  of hydrocarbons in shallow-water
environments.  (ESC)

Response;  The sediment traps have been designed to account for a
range of  environmental conditions encountered in nearshore  subtidal
areas where they are deployed.  While the traps  are not designed to
quantify flux rates, they are effective at capturing particulates
to determine the presence or absence of hydrocarbons.
                              D-127

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Comment;  Objective 2. This objective does not relate ambient water
quality or mussel hydrocarbon burdens to EVOS.   (ESC)

Response: Methodology relating PAH concentrations in sediments and
in mussels due to the EVOS with resource injury and lost services
is not within the scope of Air/Water 3,  although it is within the
scope of the overall NRDA process  and is based on  the integrated
results of  the  individual projects.  Project  investigators have
coordinated  studies  to  the   extent   considered   necessary  to
facilitate  an  integrated  assessment of resource  damage.    The
linkage of this study to other NRDA studies consists primarily of
demonstrating the transport and availability of spilled oil from
the beach  and  surface  waters  to  the water column and subtidal
sediments where it is available to marine organisms.


Comment;  The depth(s) of deployment of the  sediments traps are not
given.  Justification for why  three sampling periods  were chosen
instead of one  deployment, possibly for  a longer period, should be
given.  For some compounds four weeks is too short a time period.
(UM)

Response;  The depth of deployment was given as  less than 20 meters
below MLLW.   In practice,  the traps were  deployed at approximately
10  meters.    Sampling  periods  were chosen   to  correlate  with
naturally occurring erosional  and depositional  events.  The length
of deployment is intended to maximize deposition while minimizing
naturally occurring degradation of any hydrocarbons present.


Comment;  The field extraction method for the sediment trap samples
is not described.  Other than attempting to determine differences
in hydrocarbon concentrations between samples and sites, no methods
describe  how  any  of  the  results  from  these efforts  can  be
attributed to EVOS.  (ESC)

Response:  The field extraction method  for sediment trap samples
are described in the 1991 plan.  Clear differentiation of sources
of hydrocarbon burdens  will  be  accomplished using details provided
by the  GC/MS  analyses, and by comparison  of  these details with
historical  data  on hydrocarbon  burdens of various compartments
within PWS.


Comment;  Because body burdens of hydrocarbons in mussel  tissue can
change  fairly  rapidly,  levels  in  caged  mussels  will  only  be
indicative  of   ambient  water  column  concentrations  if  the
concentration of these components  in the water column is somewhat
constant during the exposure period.  (UM)
                              D-128

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Response;      From   the   definition   and   magnitude  of   the
bioconcentration factor of polynuclear aromatic hydrocarbons  (PAH)
for mussels, the rate of depuration is several orders of magnitude
less than the rate of  uptake.  In particular,  accumulated PAHs have
an apparent half-life on the order  of 2 weeks in mussels.  A 4-week
exposure  period  was  chosen  as  a  sufficient  time   period  for
accumulation  of  some  PAH to occur.   The  study objectives  do not
include   an   attempt  to   calculate   absolute  seawater   PAH
concentrations on the basis of concentrations found in mussels.
Comment;  Use of sediment traps to measure transport of petroleum
hydrocarbons to  offshore sediments will  not  produce information
enabling the Trustees  to relate hydrocarbon levels to population
impacts on benthic organisms because sediment  traps are not useful
for  predicting  the rate of flux  of suspended particles  to the
bottom and,  if they  are mounted  near  the bottom,  they measure
mainly sediment resuspension.   (ESC)

Response;  The  sediment trap study  is  designed  to determine the
continuing mobilization  of hydrocarbons.   This  study will  be
integrated with  the results from  other  studies to  address the
question of  continuing temporal and spatial  exposure of benthic
organisms to  hydrocarbons.   The  sediment traps are  designed to
minimize capture of resuspended sediments.


Comment;   The   geographic  distribution  of  study sites  is not
adequate:   Only  5  of  20   sediment-trap  sites  are listed and
referenced figures for caged mussel sites are not included in the
document.  The  use of  sediment traps  for measuring  flux  to the
subtidal region is not a valid  or standard technique in shallow-
water  environments.    Neither  the  sediment trap-design nor the
periods of deployment are set forth. No field chain-of-custody is
described nor  are QA/QC procedures for  field-extraction  of the
particulates.  (ESC)

Response;  The geographic distribution of study sites is adequate
to monitor suspended  particulates and hydrocarbons settling out of
the water column.  With  the exception of control sites, the  traps
are located at sites believed to be most  likely to have detectable,
mobile hydrocarbons in  the  water  column.   The sediment traps are
not  designed  to measure flux  rates but  rather the  presence or
absence of hydrocarbons.  This study follows the standard chain-of-
custody procedures for  all NRDA studies.  Standard QA/QC procedures
have been established.
Comment;     These  injury  pathway  studies  do  not  attempt  to
differentiate  hydrocarbon burdens  found  from  EVOS,  pyrogenic,
natural sources (seeps), or other (boating) sources.  (ESC)

                              D-129

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Response;  Clear differentiation of sources of hydrocarbon burdens
will be accomplished using details provided by the GC/MS analyses,
and  by  comparison  of  these  details  with  historical  data  on
hydrocarbon burdens of various compartments within PWS.


Comment;  No methodology is provided which will tie differences in
hydrocarbon concentrations  in  the  sediment traps and  mussels to
resource injury and lost services.  The few sites that are proposed
to overlap with Coastal  Habitat Study No. 1 and Air/Water Study No.
2 will not "provide a comprehensive picture of damage."  (ESC)

Response;  This study will provide documentation of the pathway of
hydrocarbon  contamination that  eventually  reached  a number of
marine organisms.  This  study,  in concert with other NRDA studies,
will tie hydrocarbon contamination to resource injury.


Comment;   The linkage  between  this  study and the  other injury-
related studies is not apparent.  (ESC)

Response;  Close coordination between  this study and other studies
has been carried out throughout the NRDA process.


Comment;  Only  two control  sites are  listed  for the caged-mussel
studies and none are specified for the sediment trap deployments,
making it impossible to evaluate whether the baseline determination
will be adequate.   (ESC)

Response;   In  addition  to the control  sites  in PWS,  mussels
collected from an uncontaminated site on Admiralty Island in S.E.
Alaska will provide a reference.

Air/Water Study No. 6 - Fate and Toxicity of oil

Comment;  Objectives  A-C.    The study is  of  limited value in
estimating injury from weathered crude oil in sediments.  Because
of the study design, these objectives will not be accomplished in
a scientifically defensible manner.   (ESC)

Response;  Because the information  on  the persistence and toxicity
of oil and its oxidation products in the marine environment is very
limited, this study was initiated in  1990 to provide this type of
documentation.    The information  developed will   support  other
studies by confirming or eliminating potential sources of injury to
marine organisms.
                              D-130

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Comment;  Objectives D.    This  study  cannot be  performed  in  a
technically  sound  fashion  and  is  of  no  use  for  identifying
restoration  needs  or  quantifying injury  to natural  resources.
(ESC)

Response;  The establishment  of an understanding of the fate of the
EVOS oil over time and space, in concert with other NRDA studies,
will help  further the understanding  of how the  environment was
affected  by  the  EVOS.   The cost of  meeting  this  objective  is
minimal as existing information from other  sources  will be used to
construct the fates model.
Comment:  Air/Water 2,  3,  and 6  are not well integrated internally
or with each other or with Coastal Habitat 1.  (ESC)

Response:  Air/Water 2 and Air/Water 6 are closely coordinated with
each other and the Coastal Habitat studies.  Subsamples of the same
sediments from the  same suite of sites  are subjected to chemical
analysis  and  toxicity  testing.    See also response  to  this same
comment in the general comments in this section.


Comment;   It  is  not possible to  ascertain  from  the Plan whether
there  is  duplication  of  effort  in  the  studies   of  petroleum
hydrocarbon concentrations in Coastal Habitat  1  and Air/Water 6.
(ESC)

Response:  Although  sediments are sampled under  the Coastal Habitat
study, they are subjected to more detailed testing for toxicity and
the presence of oxidation derivatives of oil in Air/Water 6.


Comment:   Air/Water 6  does  not contain  sufficient specificity
regarding the construction of a "summary budget or  xmass balance'
summarizing the fate of spilled oil."   It fails  to indicate when
this calculation will be made and to explain how the calculation
will be utilized in the assessment of damages.   (NWF)

Response;  Primary sources of information have  been  identified for
the synthesis of a  budget  for the fate  of oil, and contacts have
been  made to help  ensure the  compatibility  of the data  to be
synthesized.   The  budget  will  represent  a  best  synthesis effort
with  the  information  that  is   available.   While  not  directly
documenting damage,  this information will support damage assessment
by providing an overall picture of how the oil was distributed in
the environment.
                              D-131

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Comment;  The data generated by Air/Water 6 will not be sufficient
to construct an accurate mass balance of the  spilled oil.   It is
extremely unlikely that a mass balance, even if constructed, would
be sufficient for quantifying injury to natural resources.   (ESC)

Response;   The  primary sources  of information  that have  been
identified for use in constructing the budget are detailed enough
so that a representation of the general distribution of oil in the
environment  can be  produced.    While  not directly  documenting
damage,  this  information  will  support  damage  assessment  by
providing an overall picture of how  the oil was distributed in the
environment and was available to organisms.


Comment:  There  is no statement  in the study plan as to how the
mass balance would be used in restoration or injury determination
and  quantification.    Because of  the  imprecision  of  the  fate
estimates, the results of this mass  balance will not be useful for
injury determination.   (ESC)

Response;  Although the oil fates budget will not have a direct use
in documenting injury to organisms,  the background information on
spatial and  temporal distribution  of  oil  in the  environment it
provides will aid in understanding how and when oil was available
to various organisms and in extrapolating injury beyond immediate
study areas.


Comment;   The introduction to the  study states that effects of
petroleum hydrocarbons  themselves are well enough documented in
previous work to  allow accurate  predictions in the  case of EVOS
without additional  study,  but  this is questionable.   Although a
substantial body of work does exist on the WSF  and OWD  of different
petroleum products in laboratory  conditions, these studies may not
adequately assess  the long-term, sublethal effects  of petroleum
hydrocarbons on all key components of the ecosystems.  (UM)

Response;  Not  everything  is known  about the  long-term sublethal
effects  of oil  on  all components  of  the  ecosystem.   However
Air/Water  6  is designed  to address  two fundamental  issues:  1)
whether residual oil exerts acute toxicity on test organisms, and
2) whether polar  breakdown products  contribute to any  of  the
observed toxicity.


Comment;  There are no details regarding how the mass  balance will
be attempted.   The  Plan states  that recognized experts will be
consulted  in its  execution,  but that  progress  will  be heavily
influenced by timely reporting of data from other groups, and the
suitability of these data for constructing the mass balance.  The
timely  reporting of  data  from  different  members of the damage

                              D-132

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assessment team, and the compatibility of the different data sets
were  one of  the major  concerns with  the  original  1989 damage
assessment plan.  (UM)

Response;  Primary sources of information have been identified  for
the synthesis  of the "oil  fates"  budget.   Not all  of these are
within the damage assessment arena.  Current plans  are for this
budget to be completed by the fall of 1991.


Comment;  This study lacks baseline measurements, so it will not be
possible to compare  toxicity of polar fractions of  organic extracts
of  oiled and  unoiled sediments.    Therefore,  the  increment  in
toxicity of sediments due to oil cannot be measured.   (API, ESC).

Response;  Where baseline data does not  exist, a comparison of the
toxicity  of   sediments  from  oiled  and unoiled  sites has  been
utilized.  The measurement  of oil in the sediments (from the same
sample) from Air/Water 2 are being used to confirm whether oil is
present at a sampling site.


Comment;    The  analytical  methods will  not  allow  definitive
identification  of EVOS oil  as  the material  causing toxicity in
sediments.  Therefore, there will not be a clear  link established
between the injury (toxicity of  intertidal and subtidal sediments)
and the EVOS.   (ESC)

Response;  The sampling for the sediment toxicity survey included
7 sites designated as unoiled or very lightly oiled.   For the polar
fractionation/toxicity study,  one unoiled site was  included for
comparison.  The detailed chemical information from all the sites
will  provide further basis for determining  the  sources  of  any
toxicity that may be found.


Comment;  Twenty "heavily oiled" sites were chosen for this study,
but no other  information is given:  Are these sites representative?
If so, of which of the oiled habitats?  What range  of  grain size or
organic carbon content was chosen?   (UM)

Response;  Sites were selected under Air/Water 2 to represent a
broad range  of  characteristics  and geographic coverage.  Unoiled
reference sites  are  included  to permit  assessment of oil-related
toxicity.


Comment;  Use of the Microtox test to assess sediment toxicity is
of value only as a screening tool.  This is a source of  concern in
                              D-133

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this study especially because it will be used to assess whether or
not the  polar fraction is more or less toxic than  the complete
sediment.  (UM5)

Response;  Microtox is used only  as  a screening device.   It is
expected that Microtox will respond to epoxides and free radicals,
if present, even though the microorganism does not generate those
compounds itself.


Comment;  Only the toxicity study  (Objectives A-C) includes field
methods that are a part of this study plan.  Sampling is restricted
to the  intertidal/subtidal areas  of 20 heavily  oiled  sites and,
therefore,  probably  is  most  representative  of  the worst  case
situation.  (ESC)

Response:  Results  should not and will not be  extrapolated from
either the 2  heavily oiled sites  used for the  fractionation and
toxicity testing of polar constituents or the 20 oiled sites used
for the field toxicity survey.  However,  objective inferences may
be drawn from these results regarding the magnitude and extent of
potential toxicity  to marine  organisms  and  the  relation  of the
toxicity, if any, to polar constituents.


Comment;  Samples for whole animal  sediment toxicity tests are not
the same as those used for extraction, fractionation, and testing
with the Microtox bioassay.   Therefore,  the  results  of these two
phases of the project cannot  be compared and extrapolations cannot
be made  about the contribution of polar  degradation products of
petroleum to the toxicity of oiled sediments to marine animals.
(ESC)

Response:  Objective inferences may be drawn from these results
regarding the magnitude and extent of potential, if any, toxicity
to marine  organisms  and  the relation of  the toxicity  to polar
constituents.


Comment;  There  is  no explanation  given  for  using Mytilus edulis
instead  of  Mytilus  trossulus,  the species  that was used  in the
bioaccumulation  studies and  that presumably  is  indigenous to the
area.   (UM)

Response;   The  purpose  of  the bioassays is  to  verify whether
residual  oil  might  exert  some   acute  toxicity to  indigenous
organisms.    Crassostrea  gigas,  not  Mytilus,  was  used  in the
Air/Water 6 bioassays because of the availability of spawning stock
at the time.   M. Trossulus is the correct name for Pacific mussels
previously referred to as M. edulis.


                               D-134

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Comment;    Although  the  authors  state  that  well-established
protocols exist for this assay, it is unclear from the references
listed what they are basing this information on.  Varying results
are obtained  in  sediment  toxicity  bioassays depending on whether
whole sediment,  diluted sediment,  pore waters,  or elutriate are
used.  (UM)

Response:   The  purpose of  the bioassays  is  to  verify whether
residual  oil  might  exert  some   acute  toxicity  to  indigenous
organisms.  Standard bioassay species  and  protocols are used for
this purpose.


Comment;  In  determining the  toxicity  of sediments,  a  test with
benthic  larvae,  which  would  be   most  likely  exposed  to  these
sediments, should  be  employed.  The Ampelisca  sediment toxicity
study is well  documented, but toxicity to additional species should
also be assessed.  (UM)

Response;  It is desirable to work only with  organisms that are
indigenous to the  spill area.   However,  the availability of test
organisms and the fact that the protocols for certain historically
used  species  are  well  established ruled  out  the use  of  local
organisms.


Comment:   One  primary  aspect of the  toxicity  of  hydrocarbon
metabolites concerns  their  susceptibility  to be  metabolized to
electrophilic epoxides,  a  reaction  prokaryotic microorganisms such
as those used in the Microtox assay cannot perform.  Consequently,
the appropriateness  of using the Microtox  assay to  assess  the
toxicity  of   metabolites  is  questionable.    It  is  questionable
whether methylene  chloride  will extract sufficient quantities of
polar metabolites  to address  adequately their  contribution  and
toxicity in these  sediments.   (UM)

Response;  Microtox is  only used as a screening device.  It was
expected  that Microtox would  respond  to such epoxides  and free
radicals,  if  present,  even  though  the  microorganism  does  not
generate those compounds  itself.   Mixtures of  ethyl  acetate and
methylene chloride were used  in the  final study  to  ensure more
complete extraction of polar constituents.


Comment;  It is unclear whether gas  chromatograph  methods  described
in  Technical   Services  1  can  be used to  distinguish between
weathered EVOS oil  and oil from other sources for  studies  Air/Water
2 and 6.  (ESC)
                              D-135

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Response:  The compounds analyzed under Technical Services 1 will
include  aromatic  compounds and the  C10-C34 alkanes,  which will
provide  sufficient  analytical  information to  describe different
weathered states of oil and distinguish Prudhoe Bay crude oil from
other sources.
                              D-136

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TECHNICAL SERVICES

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         on Technical Services - General

Comment;  Most technical services studies are not detailed enough
to be evaluated.   (API, ESC)

Response;    The  Trustees  disagree.  Detailed  documentation  on
analytical  procedures,  including:    1)  data documentation  and
reporting  and  2)  quality  control  measures  and the  acceptance
criteria associated with these procedures, as implemented by each
laboratory analyzing NRDA samples, have  been developed.  The QA/QC
standards are contained in Appendix A.


Comment:  Technical Services appears to be little modified from the
1989 plan.  (UM)

Response:   The nature of  the support provided by  the technical
services projects  has  not varied from the originally established
quality control measures and procedures for data control, sampling,
and reporting.


Comment;  Technical  Services  is  very limited in scope, providing
descriptions  of the chemical and histopathological  analysis  of
samples  only.     Similar  sections  are  needed  for  the  other
measurements  being made,  as  well as  some mechanisms  to  insure
coordination between methods  and sampling between different parts
of the plan.   (UM)

Response;    Technical  Services  currently  encompasses  chemical
analysis and mapping.  Histopathology has been  discontinued as a
separate   support  service   although  continuing   analysis   of
histopathology samples will be conducted as part of specific NRDA
studies.  Descriptions of  protocols  and methods  for sampling and
other measurements being  made by  NRDA studies  are contained within
the specific  studies,  cited  references,  and appendices  to this
document.  Technical Services is intended to provide support of a
kind  required  by  many  NRDA  studies  and  this  can  best  be
accomplished by a  single support function.


Comment;  Due to concerns regarding the invasive tests conducted,
the benefits of the histopathology study are questionable.  (API)

Response;   Histopathology is no longer addressed  by  a separate
Technical  Service  program.    Histopathology  continues  to  be
considered within specific studies as needed.  Every effort is being
and continues  to  be made to ensure  that the number  of  animals
collected  is  kept  to  a  minimum and that individual  takes  are
essential to assess injury.
                              D-137

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Comment;  The proposed audits of field and laboratory procedures,
as described,  are inadequate:  only chemistry audits are mentioned.
Other areas should  be audited as well, such  as  sample analysis,
biological observations,  database input,  chain  of  custody,  and
mapping.  (ESC)

Response;  Sufficient detail for adequate review  is provided in
Appendices A & B, and Technical Services Studio 1,  2, and 3.


Comments on Technical Services - Specific

Technical Services No. I

Comment;   Technical  Services 1  will  make extensive use  of UV
fluorescence,   which is not  always conclusive in  distinguishing
between  aromatic compounds from  the  EVOS and the  petrogenic or
biogenic aromatic hydrocarbons from other sources.    (ESC)

Response;  UV fluorescence is being used extensively only for the
analysis of bile for petroleum hydrocarbon metabolites and for the
determination  of oiled versus unoiled sites  in  Coastal Habitat.
This method  is  well  documented as an  indicator of  exposure to
petroleum hydrocarbons (Varanasi et al.)


Comment;  It is unclear whether gas chromatograph methods described
in  Technical   Services 1  can  be  used   to  distinguish  between
weathered EVOS oil and oil  from  other sources in Air/Water Studies
2 and 6.  (ESC)

Response;  The compounds  analyzed under  this  study will include
aromatic  compounds  and the  C10-C34  alkanes,  which  will provide
sufficient analytical information to describe different weathered
states of oil  and distinguish Prudhoe Bay  oil from other sources.

Comment;  Insufficient information is given in Technical Services
1  and  Appendix  A  to allow evaluation  of analytical  methods,
adequacy  of   the   number  of   samples   analyzed,   or  sample
identification procedures.    (ESC)

Response;    Detailed  documentation  of  analytical  procedures,
including data documentation, reporting, quality control measures,
and the  acceptance  criteria  associated with these  procedures, as
implemented by each laboratory,  has been developed.   The number of
samples to be analyzed is determined on a  project by  project basis
by the Project Leaders in consultation with biometricians using the
Technical Services  1 procedures.
                              D-138

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Comment;  The statement in the Quality Assurance plan for chemical
analyses in Technical Services 1 and Appendix A that "unacceptable
performance  in  the intercalibration exercise will  result  in the
discarding of associated data" is unclear.  Intercalibration after
samples have been analyzed may result in the discarding of valuable
data and may bias results.  Data should instead be reported with
qualifications.   (ESC)

Response;    To  date,  no   laboratory  analyzing  NRDA samples  has
performed unacceptably in  the intercomparison exercises.  If this
occurs, the  data associated  with that laboratory  for  that time
frame  will  be   flagged  in  such  a manner  that  they  will  not
automatically be  incorporated into data retrieval.


Comment;  The list of calibration compounds in Technical Services
1 is insufficient to distinguish Exxon Valdez oil from hydrocarbons
from other sources.  It focuses on C12-C20  alkanes and ignores the
C21-C31 alkanes that can indicate whether sediment hydrocarbons are
predominantly biogenic rather than from the oil spill.   (ESC)

Response;  The list provided in the plan is a minimum.  Analytical
data are being collected on C10-C34 alkanes.


Comment;  The analytical  methods of Objective A cannot be judged
since  no  details  were  provided,  other than  a  minimum  list of
compounds, which  are probably calibration  standards.  (ESC)

Response;     Detailed   documentation  on  analytical  procedures
including data documentation,  reporting,  quality control measures,
and  acceptance  criteria   associated  with these  procedures,  as
implemented  by each laboratory, has been developed.


Comment;    Details  of the  QA/QC  plan  for  sample  collection
procedures were  not  provided in Objective B  and  cannot be fully
evaluated.   It is unclear  how the sample labeling plan guarantees
"unique" sample numbers across the entire  1990 program.   (ESC)

Response;  See Previous Response.


Comment;  Data should not  be excluded or discarded simply because
unnecessarily tight  performance  standards are being applied in
Objective C.   It is not  clear  from this objective what "associated
data" means.   (ESC)
                              D-139

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Response;  Data that do  not  conform to the established standards
are flagged in such a manner that  they will not be automatically
retrieved  into  a data  sort.  Associated  data means  those data
developed by the indicated laboratory during that time.


Comment;  The  audits proposed in Objective D are incomplete.  (ESC)

Response:  The audits proposed meet federal standards.  Refer to
the Toxic  Substances  Control Act,  part 792,  Good  Lab Practices
Standards.


Comment:  Construction of a material balance on the fate of spilled
oil is a complex task that will  be compounded by the use of data
generated by possibly inadequate analytical techniques.  (ESC)

Response:  The methods that  will be used to construct a material
balance on the  oil  are  well represented in  the literature.   For
references see Boehm,  McKay,  or Payne.


Technical Services No.  3

Comment;   Although the necessity  and  goals  of the geographic
information system  (CIS) are clearly laid  out, no information is
given  as to  how this  is  to  be  accomplished or  what  specific
products  will be  available.   Considering  that  in  the Coastal
Habitat study much of the 1990 activities will involve completion
of  processing of  samples taken  in 1989,  data completion  and
management is clearly a problem.   (UM)

Response;  Implementation of Technical Services 3 objectives will
be accomplished with an interdisciplinary mapping and analysis team
using  state  of the art  mapping science methods  and technology.
Both hard copy and digital map products are being made  available to
ongoing study participants.


Comment;    Insufficient information  is  given in  Objective   1
regarding the  specific  types of maps  and  analytical products to
determine whether this program will provide valuable products in
monitoring  geographic   distributions of  data  pertinent to  the
assessment of injury from the EVOS.   (ESC)

Response;   Map  types  and  analytical  products are litigation
sensitive; however, accepted mapping science methods will be used
recognizing all data limitations.
                              D-140

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Comment;  The specific objective concerning the type of database(s)
to be developed and organization of data is not provided.   (ESC)

Response;   Development  of database(s) will  include  a geographic
component that will provide for commonality of data types.


Comment:   There is insufficient  information given to  allow the
reader  to  determine  the adequacy  of  quality  control on  the
inputting of  data to the  mapping  process.   There is nothing that
indicates  how the  data,   once  it  is in  the  mapping  database,
compares to the original data.  (ESC)

Response;  Technical Services 3 adheres to accepted mapping methods
using state-of-the-art technology that includes quality assurance
steps that  compare  data  input  with source  information  and with
subsequent iterations of database development.


Comment;    No information is  given  regarding  the  statistical
treatment  to be used  to  average  data values  for  input to the
mapping process.  Similar problems exist with respect to database
quality control.  (ESC)

Response;   Real data will be  inputted  to the  mapping process.
Source data will be used to verify database input and output.


Comment:  It cannot  be determined  from the Plan whether objective,
"multi-thematic atlases of pre-spill data"  exist on the same scale
as post-spill data.   Thus, it is not  possible to assess whether
this work will contribute to the objective quantification  of injury
to resources or whether it is cost-effective.   (ESC)

Response;   Objective  "multi-thematic" atlases  of pre-spill data
exist and are central to the objectives of Technical Services 3.
                              D-141

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ARCHAEOLOGICAL RESOURCES

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       s on Archaeological Resources
Comment ;    The  studies  evaluating and  quantifying  injuries  to
archaeological  resources are beyond  the scope of  the Trustees'
authority  as  these resources are  man-made  under  the definitions
found  in CERCLA and  the Clean Water  Act.   Under  these federal
statutes, costs cannot be recovered for restoration, replacement,
or  lost  use  of such resources.    Archaeological  resources  are
addressed  in  other federal statutes,  such  as  the Archaeological
Resources Protection Act, and study of damages to these resources
should not be funded under the NRDA.   (API, ESC)

Response;   A  valuation  of  the  committed use  of  the  cultural
attributes of natural resources,  as well  as  the natural components
of cultural sites,  is properly within the CERCLA/Clean Water Act
damage  assessment   process.   While other  statutes  may address
injuries to archaeological resources, they do not preclude damage
assessment activities undertaken pursuant to the CERCLA/Clean Water
Act.
Comment;  This study is poorly discussed and supported.  Objectives
and  field,   analytical,  and  statistical  methodologies are  not
adequately described to allow review and comment.   (API, ESC)

Response:  The objective of this study  is clearly stated to be the
assessment of injuries to archaeological resources as a result of
the  EVOS.    The  study design  is to  request proposals  from the
professional community to meet the objective of  injury assessment
most efficiently and then to award a contract to perform the study.
Because archaeological investigations are by nature  labor intensive
and therefore costly, the approach adopted is to use sample sites
and  statistically  project  injury estimates.    This  statistical
approach is similar to the  random stratified  approaches adopted in
other damage assessment studies.  Final approval of  the methodology
will  occur  when  competing proposals  to  perform  the  study are
evaluated.
Comment:   This study  does not  take  into account  data gathered
during beach cleanup.  Much of the information to be generated by
this study  is already available  to  the Trustees because  of the
extensive beach  surveys undertaken as  part of  Exxon's clean-up
operations.   Site survey and site selection efforts will duplicate
Exxon's existing documentation.   (API, ESC)

Response;   The principal purpose of Exxon's beach survey work was
to identify sites  for  cleanup.   Archaeological investigations of
the sites was  limited.  However, the data gathered by Exxon in 1989
and 1990 contributed to the development of a list of archaeological
resource sites that were injured, from which selected study sites

                              D-142

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were chosen.  This study will intensively examine injuries through
subsurface testing of sites  and sampling of deposits to determine
the  extent  of oiling  contamination.    Information  obtained from
Exxon-generated reports will be made available to investigators.


Comment;  There is no explanation as to why surveys will be made in
non-oiled  areas.    Site  injury  is  a  function  of many  factors
(shoreline type, stratigraphy, location, degree of oiling, cleanup
techniques  and  artifacts  present)   and   the  unique  nature  of
individual sites,  the range of their distribution and the diversity
of time  span make  it  inappropriate to extrapolate from control
sites to oiled areas.   (ESC)

Response:   Archaeological sites are  individually  unique.   As a
result, the cost of investigating archaeological  sites  is high and
the funds available to  determine  injuries are limited.  Therefore,
archaeological sites will be defined by site types and injuries
will be determined from a  statistically derived sample.  In order
to describe the population of sites most accurately and to give a
basis for statistical treatment, a sample of study sites located in
the general spill area was selected rather than biasing the study
by only looking at oiled sites.


Comment:  The costs of the study appear excessive.   (ESC)

Response:  Archaeological  investigations  are  labor intensive and
involve  complicated and  expensive laboratory  analyses.   Tests
necessary   to  identify   the  presence   of   oil  are   costly.
Additionally, the geographic study  area is  extremely remote.  This
factor causes very high  logistical costs both for access and safety
reasons.
Comment:  There is insufficient information provided in the Plan to
determine  whether  the methods  to  be  employed  will meet  the
standards and guidelines for archaeology  and historic preservation
set forth in 48 Federal Register  44716-44740  (September 29, 1983).
(ESC)

Response;    Because the  Trustees are  required  to  comply  with
applicable federal  regulations,  the  procedures and investigators
used to perform the study will be required to meet the standards
presented by the Secretary of the Interior.


Comment;   There  is  insufficient information  to  evaluate how the
significance of historical properties, typologies, site
                              D-143

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investigations,  impacts  resulting  from  interviews, soil  column
characteristics  and  analysis, radiocarbon  dating  of  artifacts,
vandalism, and erosion rates will be determined.  (ESC)

Response:  The significance of historic and prehistoric properties
will be  determined  using processes outlined in existing federal
regulations.  The issue of site significance was addressed in the
Memorandum  of  Agreement signed  by  Exxon,  Federal  agencies,  the
State Historic Preservation Officer, and Native Corporations.  The
validity  of typologies,  adequacy  of site  investigations,  and
effects  of  archaeological  investigations will  also be addressed
following  existing  federal  procedures  and  normal  scientific
archaeological  standards.     The degradation  of  spill-affected
historic properties will be compared with properties that have not
suffered  oil  spill-related  injuries  to  arrive  at  rates  of
degradation.


Comment;  There  is  no indication of methods for preventing bias
from response workers and government employees who are interviewed
from entering  this  study.   Nor  is  there any information  on how
results will be used to quantify injury.   (ESC)

Response;  Information received from interviews will be evaluated
for  bias and  verified.    One of the  goals  of  the study  is  to
document  injury  to  sites both quantitatively  and qualitatively.
Once the types  of  injury  are estimated,  those injuries  can  be
projected statistically to  the total body of archaeological data in
the study area.
                              D-144

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ECONOMICS

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                              - General

Comment;  Although some investigation of loss of private use values
may be undertaken  for reference,  the  NRDA process does not allow
for  recovery of  such damages or  for investigation  for private
interests.   (API)

Response;  The  Federal Trustees  do not intend to include loss of
purely private use values in their damage claim.


Comment:  The economic studies do not  appear to be tied in any way
to the Clean Water Act standards for measurement  of damages based
on cost of restoration.  These studies attempt to estimate foregone
use  and  non-use  values  without  applying  the  results to  the
determination   of   whether   restoration   costs  are   grossly
disproportionate  to  the  value  of  the  injured  resource or  the
identification of the most cost-effective restoration alternative.
The NRDA regulations do not permit the Trustees to  recover for lost
use values.  (ESC)

Response;  The Federal Trustees have not determined the extent to
which  the economic  damage  assessment will  adhere  to  the  NRDA
regulations  (43 C.F.R. Part  11).   It is  the Federal  Trustees'
intention, however, to base their claim on the cost of restoration,
replacement and the  acquisition  of equivalent resources plus the
interim  lost  use value  of  the  injured  natural  resources  as
authorized in Ohio v. Department of the Interior.
Comment;   It is not reasonable for the  Trustees to expend large
sums of  money on studies of  lost  use before determining whether
natural  recovery will be  chosen as  the means  of  restoring the
environment.   (ESC)

Response;   Lost use will continue to occur  until natural and/or
man-made  recovery  of  the natural  resources  takes place.   The
Federal  Trustees  will  continue  to  expend  such  funds  as  are
necessary to accurately measure those lost uses  for as long as it
is prudent  to  do so.   Length of recovery and restoration options
are being studied in other components  of  this NRDA process and are
communicated to  the economic experts regularly.


Comment;    Several  of  the  economic  studies  are double-counting
alleged  damages: those  relating to  non-use losses  of  natives;
changes  in  property values  which include separately measured use
value effects; and separately alleged losses in  sport fishing and
charter boat operations.  There  is no mention in the Plan of any
methods for accounting for double-counting, which implies that the
Plan will lead to an inflated damage award.  (ESC)

                              D-145

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Response;  The steps  that  are  necessary to eliminate all double-
counting in the estimates of lost value  will be taken.  There will
be no double-counting in the federal economic damage claim.


Comment;  Since the State's economic  studies  are not included in
the Plan, there is a  great likelihood that the  federal and state
economic studies are not coordinated or overlap.   This will inflate
assessment  costs,  reduce   study  quality  and will  double-count
losses.  Failure to include the State's  studies in the Plan makes
comment on the federal economic studies  meaningless.  Studies not
contained in the Plan are  "not reimbursable or  admissible in the
NRDA under federal law."   (ESC, NRDC)

Response;  The Federal Trustees are not aware of the contents of
the State of  Alaska's economic studies plans.   Furthermore,  the
State of Alaska has  chosen not to include any  information about
their economic studies in this document.  The Federal Trustees do
not  view  comments  on  their  own  economic  studies  plans  as
meaningless  in the  absence of  information  about  the  State  of
Alaska's economic studies plans.


Comment; The economic studies lack sufficient  description of study
objectives  and methodologies  to  permit  a thorough  evaluation.
(ESC, API)

Response; The economic study plans are intended to provide general
notice of the types of economic studies  that are being carried out
or  are  contemplated.    The Federal  Trustees  believe  that  the
descriptions of the studies are adequate for that purpose.


Comment; Since the assumptions, tasks and objectives identified in
the 1989 and 1990  Plans  were the same  and  a budget of $2.8 million
was allocated for the economic studies in  1989,  the status of the
1989  economic  studies   and expenditures made  should  be  made
available for evaluation of the 1990 study plans.  (ESC)

Response;   Information  about  the  status  of  the previous years'
efforts  is  litigation  sensitive.    The  Trustees  cannot  reveal
detailed information about  that subject.


Comment;  Many of  the economic studies  are undertaking  expensive
efforts to obtain data that should be available without  cost from
government and  business sources.    These  include the  demand for
cruise ship  tours, subsistence use data,  identification  of research
studies underway before  the spill, and data  on  the quantity and
quality of fish.  (ESC)


                              D-146

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Response:  All  data  necessary for estimating economic damages is
being obtained at the least possible cost.


Comment;  The Plan does not indicate that available substitutes for
services  affected  by the  spill,  such  as those existing  in the
unaffected areas of  Alaska, Prince  William Sound and the Gulf of
Alaska, will be considered.  Without this evaluation, the economic
analysis will not be valid.   (ESC)

Response;  Where appropriate,  availability of substitute resources
and  services will  be taken  into  consideration in  all  of the
economic studies.
Comment;  The Trustees,  in responding to public comment on the 1989
Plan, recognized that the NRDA regulations require the use of a 10%
discount rate, but the 1990 Plan does not indicate that this rate
is being used or, if it is not, how a different discount rate can
be used.  (ESC, APSC)

Response;   The Trustees recognize  that the  NRDA  regulations by
reference to an Office of Management and Budget directive, require
a  10% discount  rate.   Nevertheless,  the  NRDA regulations  are
optional, and there  is  no  consensus among economists which would
specify a particular discount rate as the only correct one.


Comment;    The  Trustees  cannot  select  those  portions  of  the
regulations,  such  as the contingent  valuation methodology,  that
inflate their claims  and ignore others, such as the willingness-to-
pay  methodology.    Willingness-to-pay is  the  only  acceptable
methodology for estimating damages using the contingent valuation
technique.   (ESC)

Response;  The Trustees have selected economic methodologies that
will  result  in the  most  accurate valuation  of  natural resource
injury.  The  Trustees  have  not selected only those methodologies
that will inflate their claims.
Comment;   Economics  4,  8  and  9 are  measuring  speculative or
potential, rather  than committed, uses.   Expenditures  for this
purpose are contrary to 43 C.F.R. Section 11.83(b).   (ESC)

Response;  The Federal Trustees will not include purely speculative
damages in their natural resource damage claim.
                              D-147

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         on Economics Studies - Specific

Economics Study No. 1 - Commercial Fisheries

Comment;   This study fails to  explain how it will  exclude from
consideration  damages which  are the subject of  private economic
claims.    Hence  double-counting  will  occur.    They  are  not
compensable under  the laws and regulations that  govern natural
resource damage assessment.  (ESC)

Response;  The Federal Trustees have taken all steps necessary to
eliminate  double-counting  from   their   final  economic  damage
estimates.  The Federal Trustees do not intend to include private
damages in their claim.


Comment;   There  is no description  of  the methods to  be used to
measure the economic loss to seafood consumers.  (ESC)

Response;  The purpose of this plan is  to provide public notice of
the types of economic studies contemplated by the Federal Trustees.
It is not intended to provide detailed descriptions  of the specific
methods being used owing to the  litigation sensitive nature of the
study.


Comment;   The losses this study  purports  to measure  are known
already to be  negligible.  Salmon supply increased significantly in
1989  and prices decreased  for reasons  not associated  with the
spill.   The  net result  did not  have  a detectable  influence on
consumer surplus.  (ESC)

Response;  The Federal Trustees are not aware of any studies that
show that the  EVOS caused only  negligible losses to consumers of
seafood products.


Comment;  Modelling of the effects of the spill on seafood quality
and quantity changes on consumers is unnecessary because quantity
was  substantially  higher at every market level and because the
State of Alaska assured that no quality-deficient seafood reached
the market.   (ESC)

Response;  Appropriate  data sets  on the landings and values of
Alaskan seafood products will be analyzed  for evidence of quantity
and  quality  changes  caused  by  the  EVOS.    Other  data,  as
appropriate,  will also be collected and analyzed.   Since  it may be
several more  years  before the spill's long-term  effects on fish
populations is known,  it  is premature to  draw  firm conclusions
about the potential damages to consumers of seafood products.


                              D-148

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Comment:  There  appears  to be no relationship between this study
and the numerous fish injury assessment studies.  (ESC)

Response;   This  study will make use of the  results  of the fish
injury studies, as appropriate.


Comment:    Much  of  the  data  necessary  to  estimate commercial
fisheries losses is  available  from state  and federal sources, so
the efforts to collect  such data in this  study are unnecessarily
costly and duplicative.   (ESC)

Response:   The  Trustees  will  use  all  accurate available data
sources.   No unnecessarily costly  or  duplicative  data  will be
collected by the Federal Trustees.


Economics study No.  4 - Public Land Effects

Comment;  Nothing  in the Clean Water Act  or the NRDA regulations
permits the Trustees to recover for  damages  such as those being
measured by Economics 4:  the  purported losses are  those to the
commercial value of public lands  if those lands are sold to a third
party by the  government.  They  are  not natural resource losses.
(ESC)

Response;    The  Federal  Trustees  believe  that  public  lands
constitute  public  natural resources.  Thus,  any  change the EVOS
caused in the value  of public lands is a natural resource injury.


Comment; Description of  the methodology of this study is extremely
vague and insufficiently detailed to permit a  thorough evaluation.
(ESC)

Response:   The purpose  of this  Plan  is to provide  notice to the
public of the types  of studies being carried  out or contemplated.
This notice is not intended to provide information sufficient for
a thorough evaluation of all aspects of the studies.


Comment;   The study does  not  identify the  public  lands  to be
included in the assessment.  Damages cannot be assessed for lands
not directly impacted by oil.  (ESC)

Response;   The  study will  identify all  public  lands  that the
Trustees believe were impacted by the EVOS.


Comment;  The study  cannot meet  its objective of determining the
change in market value of public lands  simply by estimating pre-

                              D-149

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and post-spill prices.  It must take into account factors unrelated
to the  spill  such as changes in interest rates, but  there is no
indication of the method by which this will be done.  (ESC)

Response;  This study will take into account all relevant factors
appropriate for estimating damages.   It is not the purpose of this
Plan to present  detailed information about the methods  and data
being used to estimate damages for this (or any other) category of
loss.
Comment:   The study must  also factor  in  the effects  of spill-
related increases in land values.  Land values in the affected area
are  influenced  by  the  dominant  role  of  public  lands,  use
restriction,  severe weather,   poor   access  and  low  population
density.  Also, there is nothing in this study indicating methods
for  determining  whether lands affected by  previous  spills  are
comparable  to  lands   in   this  area  or   for  determining  the
comparability of EVOS to prior spills.  (ESC)

Response;  This study will take into account all relevant factors
appropriate for estimating damages.   It is not the purpose of this
Plan to  present  detailed  information about  the methods and data
being used to estimate  damages  for this (or any other) category of
loss.
Comment;   This study  will lead to  the double-counting  of some
damages  because  damages for  some  uses of  public lands  will be
covered by other studies, e.g.. recreation and foregone use.  (ESC)

Response;  This study will  not necessarily lead to double-counting
of damages.  The Federal Trustees will ensure that the  final damage
estimate does not contain any form of double-counting.


Comment;   Reduced land values  become actual losses  only to the
extent that  sales actually occur during the  period  of depressed
value, so  the  study  must focus  only  on losses actually incurred,
not hypothetical losses.   (ESC)

Response;  Property values in the region affected by  the EVOS may
have been damaged, regardless of whether the losses were actually
realized through transactions which occurred during the period of
depressed  land prices.


Comment;  The Plan incorrectly assumes that losses in sale prices
of public  land leased or sold in 1989 apply to all public land in
the affected area.   (ESC)
                              D-150

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Response;   The economic methodology contemplated  for this study
does not necessarily assume that all public land  in the region has
been adversely affected by the EVOS.


Comment;  There  is  a  great number of near substitutes for almost
any parcel of land in Alaska, so compensable damages to land values
should be very low,  due in part to the fact that a large percentage
of land  in  the state is publicly owned  and is rarely subject to
sale.  Given these facts, it is likely that the study costs will be
unreasonable.  (ESC)

Response:  There are many factors that contribute to the value of
any given parcel of  land.   All  relevant factors will be taken into
consideration  in the  assessment  of  damages to public lands.   The
Federal Trustees will not incur unreasonable costs in the pursuit
of the NRDA for this or any other category of  loss.


Comment;   Paired-sale data  should  not  be  used  since it  is not
appropriate to compare pre-and post-spill selling prices.  (ESC)

Response;  Paired-sale data will be used in this assessment only
when doing  so is consistent with appropriate  economic  and legal
theories.
Comment;  There is no provision for the recovery of land value that
stems from cleanup and restoration.   (ESC)

Response;  All damages to land values consistent with appropriate
economic and legal theories will be estimated.


Comment;   The  status  of  the 1989  study and  the corresponding
expenditures should have been  made available for review of the 1990
Plan since there  was  so little change  in the study premises and
objectives between the two years.  (ESC)

Response;  The purpose of this Plan is to provide the public with
a general  notice of the types of  studies being  carried  out or
contemplated  for the  NRDA.   Hence,  unless the  type of study
described in the  Plans  of  earlier  years has changed,  there is no
reason  to revise  the   general  description  provided  previously.
Detailed  information   about  the   status  of  the  studies  and
expenditures to date is litigation-sensitive and therefore  has not
been included in this public document.  The Trustees believe that
they have provided adequate  information  to  achieve the intended
purpose of this Plan.
                              D-151

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Economics Study No. 5 - Recreation

Comment;   This study fails to  explain how it will  exclude from
consideration  damages which  are the subject of  private economic
claims.   Hence double-counting will occur.   (ESC)   Nor  does it
explain  how  double-counting  of  recreational  fishing and  boat
charters for sport fishing and sea kayaking and boat charters for
kayak transportation will be  avoided.   Also, damages included in
this study duplicate in  part those included in Economics 4.  (ESC)

Response;  No duplication or double-counting will be permitted in
the estimation of natural resource damages caused by the EVOS.


Comment:  Economics 5 does not define "natural  resource services"
precisely, which  may result  in the underestimation of damages:
recreational fishing is  defined from the global perspective rather
than by  species  of fish; no  distinctions are  made  for the wide
variety  of camping  activities  in Prince  William  Sound.    The
categorization of recreationists is unrealistically simple and not
useful.  Visitors to the Sound normally engage in  a multiplicity of
activities that overlap  rather than individual ones.  Placing each
recreationist into one category lowers  the value  of the experience
of that  recreationist in the wilderness  of the  Sound,  which can
underestimate damages.  (NWF)

Response;   The Federal Trustees  have  never suggested  that they
intend  to categorize  recreationists  in such   a  way  as to  be
"unrealistically simple" for purposes of the economic assessment.
Recreation damages will be estimated using state-of-the-art methods
consistent with sound economic theory.


Comment;  The  study's assumptions ignore the facts  that the most
popular sea kayak and charter boat destinations  (College Fjords and
Columbia Glacier areas)  were unaffected by the spill and the fact
that  increased escapement due to  closure  of commercial salmon
fisheries led to increased sport fishing catches.  If considered,
these facts would influence study design and scope.   (ESC)

Response;  The study design and scope have been  influenced by all
relevant  information  about  factors  such  as  salmon  fishing,
recreational use patterns, and areas impacted and non-impacted by
the EVOS.


Comment;  Without details concerning its application to  this study,
it  is  not possible  to  ascertain  whether the  use  of  contingent
valuation  will provide  valid  or reliable  results.   It  is an
unproven and controversial methodology.   (ESC)


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 Response;   The Federal Trustees  believe  that  contingent  valuation
 is an appropriate method  for valuing natural resource  injuries.
 Use of contingent valuation methodology  was approved by  the  court
 in Ohio v.  Department of the Interior.


 Comment:    It  is  not  clear  from this  study whether  losses  to
 commercial  providers of recreational services will  be estimated.
 They should not be since compensation is available to the Trustees
 only for foregone public use of  publicly owned natural resources.
 (ESC)

 Response;    The  Trustees  do  not contemplate  estimating purely
 private losses.


 Comment;  There is no description of the methodology to be used for
 determining the spill's effect on the demand for  cruise ship  tours
 to Prince William Sound.   (ESC)

 Response;     This Plan  is  not  intended to   provide   detailed
 descriptions  of the various economic studies.  The Federal Trustees
 believe that  the  study descriptions provided are  sufficient  to
 provide general notice of  the types of studies contemplated.


 Comment;   There is  not enough detail to assess how substitution
 will be accommodated.   (ESC)

 Response;   The availability of substitutes will be  considered in
 all studies that  measure the value of goods  for which substitute
 goods are available.


 Comment;  The Plan indicates that virtually no work  on this  study
 was carried out in 1989.   It is  important to  obtain  data relevant
 to the  purposes  of  this  study while  it still  can be  recalled
 accurately  by the source.   (ESC)

 Response;   The Federal Trustees agree that  much  of the data  is
 time-sensitive. The Trustees have made every effort to gather all
 data as expeditiously as possible.


.Comment;    There  is  no reference to which  "existing  model  for
 recreational   fishing  in the  KP  area"  will be  considered,  the
 criteria that will  be  used to determine its applicability,  what
 will be done in  the  event that  the model  is  determined to  be
 inapplicable  or the  geographical area to be examined.   (ESC)
                               D-153

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Response;   The Federal Trustees do  not  intend for this  Plan to
include all details of the damage assessment methods they will be
using.


Comment:  Much of the  data to be acquired  in this study,  such as
cruise line bookings and  sport  fishing catch rates,  is available
from federal,  state and business sources.  Duplicating this data is
unnecessary and costly.   (ESC)

Response;  The Federal Trustees will use the most cost effective
sources  they  can  identify  to  obtain data necessary  for  the
estimation of economic damages.


Economics study No.  6 - Subsistence

Comment;  Documentation of the study plan is inadequate and there
is no  explicit objective stated  in the Plan.   Methods  are not
provided.  (ESC)

Response;  The economic study plans are intended to provide general
notice of the types of  economic  studies that are being carried out
or  are  contemplated.    The  Federal  Trustees believe that  the
descriptions of the studies are adequate for that purpose.


Comment;  This category of alleged losses is the subject of other
claims, including those by native groups.   This study may double-
count these losses.   (ESC)

Response;  The Federal Trustees will take  all necessary steps to
eliminate double-counting from their economic damage estimates.


Comment;  Alleged losses of non-use values by subsistence
communities are included in Economics 7 and 9.  There is no method
described in this study for distinguishing subsistence populations
from the relevant  populations  in  Economics  7.   Nor  is  there a
method provided for quantifying archaeological-based non-use values
referred to in Economics 9 or reducing the non-use values estimated
in other studies accordingly.   These deficiencies will  produce
double-counting.   (ESC)

Response;  The Federal Trustees will take  all necessary steps to
eliminate double-counting from their economic damage estimates.


Comment;  To the extent that contingent valuation will be used in
this  study,  it  should be noted that  this  is  an unproven and
controversial technique and there are not sufficient details  in the

                              D-154

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study  description  to  determine  whether  its  use will  produce
reliable or valid results.   (ESC)

Response;   The Trustees believe that  contingent  valuation is an
appropriate method for valuing natural resource injuries.  Use of
contingent valuation methodology was approved by the court in Ohio
v. Department of the Interior.
Comment;   There is no  indication  that the study  will  take into
account the actions undertaken by Exxon Shipping Corporation, such
as  delivery  of  food  and  materials  and  payment  for  cleanup
employment, to offset  losses  sustained by subsistence groups and to
explain why they ceased to rely on traditional sources.   (ESC)

Response;  The  Federal  Trustees  will take into consideration all
relevant  factors appropriate  for  accurately  measuring economic
damages.


Comment;  The description contained in the 1990 Plan indicates that
virtually no  work  was done on this  study in  1989.  The Trustees
should make available the  expenditures and  status of this study.
(ESC)

Response;  Detailed information about the status of the studies and
expenditures to date  is litigation-sensitive and therefore is not
included in this public document.


Economics study No. 7 - Contingent Valuation

Comment;   To  the  extent  the State  is  conducting  a  contingent
valuation  study,  the rationale for  the  Federal government  to
conduct a similar one is not apparent.  (NRDC)

Response;  The state and federal  governments are pursuing separate
claims that are likely to be heard in separate courts. The federal
government has  no  control  over,  or  information  about,  the state
economics studies.   Therefore,  the  Federal Trustees are performing
their own economic studies.
Comment;  The Trustees are using contingent valuation techniques to
determine  the  value of  some resources  which appear to  be non-
public.   (API)

Response;  The Trustees will not use contingent valuation, or any
other economic  methodology,  to measure injury to any purely private
resources.
                              D-155

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Comment;  Contingent valuation's reliability  for  non-use values,
such as intrinsic value, is controversial.  Such  methods are not
supported by the literature.  Unless the Trustees exercise care in
their design and implementation, the results of these studies may
not  be reasonable.   They  are not  likely to  provide  valid  or
reliable estimates of damages  in the  circumstances  of this case.
(API,  ESC,)   The  difficulty  of separating the use  and non-use
components of a contingent valuation response  dictate against use
of contingent valuation in this study.  (ESC)

Response;   The Trustees are proceeding very carefully with their
contingent valuation study which is being performed by recognized
experts in the field and which  will be peer reviewed by nationally
renowned economists.  There is no need to  separate  the use and non-
use components of contingent valuation responses.


Comment;  The public is  poorly  informed as to actual conditions in
Prince William Sound.   Before  contingent valuation  questions are
asked, it is  important  to  assure that the respondents are given
accurate information.   (API)

Response;   Contingent valuation respondents will  be provided the
amount  and  type  of information  deemed  most  appropriate  for
accurately measuring the natural resource damages.


Comment:   Economics 7  does  not describe:  the survey  plan;  the
survey  design;   the  methods  by  which  survey results will  be
analyzed;  the type  of  research to be conducted to  determine the
accuracy of  survey  instruments; the type  of  preliminary testing
that will  be done; the basis for conducting a nationwide  survey; or
the type of econometric analysis that will be used.   (APSC, API)

Response;   The economic study  plans  are  intended  only to provide
the public  with general information  about proposed  and ongoing
studies.  The  Trustees  believe that the  published  plans achieve
that goal.


Comment:   There is  no explanation  as to  how Economics  7  will
exclude the  lost public land,  recreation,  subsistence, research,
and archaeological values that  Economics  4, 5,  6,  8, and 9 purport
to measure.  (ESC)

Response;   The economic study  plans  are  intended  only to provide
the public  with general information  about proposed  and ongoing
studies.  The  Trustees  believe that the  published  plans achieve
that goal.
                              D-156

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Comment;  The  description  of Economics 7 implies that that study
will duplicate some portion of the state's economic studies.  (ESC)

Response;  The state economics  studies are proceeding separately
from the federal studies.


Comment;  There is no legal basis for recovery of  damages based on
"intrinsic values."   (ESC)

Response:  The Trustees are  obligated to study and to recover for
all  lost value  to natural  resources caused by the  oil  spill.
Intrinsic values are a well-recognized component of the total value
of a good,  and the  court in Ohio v. Department of  the Interior held
that use value is not the sole component of natural resource value.


Comment;    Bequest  values  will  not  be  reduced  because  full
restoration of the  natural resources will occur within  a relatively
short  period of time.   There cannot  be losses  of  existence or
bequest values  for temporary injuries to natural resources.   And
option value losses  should  be   small  because  future use  is  not
expectedly to be adversely affected by the spill.  (ESC)

Response;   Bequest,  option,  and existence values may  have been
reduced by the EVOS  because complete  restoration of  the injured
natural resources may not occur  and public  perception  of the value
of the injured natural resources may be altered for an extensive
time period.


Comment;  Non-use  value losses have been confined in the relevant
literature to permanent, irreversible injury to unique resources.
The extension  in this study  of non-use loss concepts to temporary
injury to resources for which there are vast numbers of substitutes
is contrary  to the basic principles  underlying  these concepts.
(ESC)

Response:  There may have been permanent and irreversible injury to
natural resources affected by the EVOS.   Even if complete recovery
does occur, contingent valuation is an appropriate methodology to
use to measure decreased  value  of injured natural resources from
the time of injury  to the time of recovery.


Comment;  Natural resource economists generally no longer consider
option value to be a separate source  of value.  Hence the Trustees
should not  include option values  as a component of  value.   Nor
should the  present  discounted  value  of  future  use  be included
within the  category  of  use value  losses.   Otherwise,  double-
counting will occur.  (ESC)

                              D-157

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Response;   The  Federal  Trustees  believe  that  all  aspects  of
intrinsic value of the injured natural resources are recoverable.
The Trustees do not believe that including present discounted value
of any future lost use values will result in double-counting.


Comment;   Use of willingness-to-accept measures in this study would
contradict  the NRDA  regulations  which provide  that  the  only
acceptable  contingent  valuation  methodology  requires  use  of
willingness-to-pay measures.  (ESC)

Response;  Both willingness to pay and willingness to accept will
be  considered  in the  contingent valuation  study.   The  Federal
Trustees will use the measure that most accurately values the loss.


Comment;   There is not an adequate description of the statistical
design or  quality  assurance  provisions of  this  study  or  any
indication  of  the  method for  defining the sample  population or
drawing a representative sample.   (ESC)

Response;   The economic  study  plans  are intended  only  to provide
the public  with general  information about proposed and  ongoing
studies.   The  Trustees believe that  the published  plans  achieve
that goal.


Comment;   The  budget  is inadequately explained.  Of note is the
$670,000 for supplies and equipment.   (ESC)

Response;   The economic study plans  are not  intended  to  provide
detailed information about the budgets for various studies.


Comment:   Because the  1989 and  1990 descriptions of this study are
so  similar, the  Trustees  should make  known  the  progress  and
expenditures made to date.  (ESC)

Response;   The economic  study  plans  are intended  only  to provide
the public  with  information about proposed  and ongoing studies.
Detailed  information  about  progress and  budgets  is  litigation
sensitive and cannot be provided in this public document.


Economics study No. 8 - Affected Research

Comment;   Loss of information associated with the interruption of
scientific  studies does not constitute a natural resources injury
compensable under relevant statutes or DOI regulations.   (API)
                              D-158

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Response;  The Trustees believe that the relevant statutes and the
DOI regulations entitle them to recover for losses to the various
services provided by the natural  resources.   One  such service is
the provision of scientific information that may be learned through
scientific studies.
Comment;   This study  is to  account for  the cost  of  resources
expended on  research programs affected  by the spill,  but these
expenditures  should be  the  subject of  private  claims  by  the
research program sponsors,  not the Trustees.   They are not natural
resource injuries for which recovery can be had under the relevant
statues or the Dol regulations.  And whatever losses in knowledge
might have occurred  will be offset by the knowledge gained as a
result of spill-related research.   (API,  ESC)

Response:  The  loss  of  scientific information provided by public
natural  resources is  a  public   loss  that  the  Federal  Natural
Resources Trustees  should value.   The  Trustees  do  not view the
research expenditures necessitated by the EVOS as a public benefit.


Comment;  There is no identification of  the research activities
that were delayed or canceled as a result  of the spill.  Thus, it
is  not  possible  to  determine  whether  the  study  costs  are
reasonable.    (ESC)

Response:  The study of affected research programs will inventory
the research activities that were damaged or destroyed by the EVOS.
These study plans and their budgets were intended only to provide
the  public  with  general information about  the  studies,  not to
reveal detailed information about the plans themselves or about the
corresponding budgets.


Comment;  The Plan does not set forth the criteria that will be
applied to assure that assessment is directed to committed  uses of
the resource.   (ESC)

Response:  The  "committed  use" requirement derives from the NRDA
regulations which are optional.   Thus, the Trustees  need not limit
their studies to committed uses of the injured natural resources.
Nevertheless,  the  Trustees  do   not intend to  measure  losses
associated with purely speculative uses.


Comment;  The Plan fails  to set forth how the  "total  project costs,
extra sums expended  amounts spent on each study"  will be used to
evaluate research losses.   (ESC)
                              D-159

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Response;  The economic study plans  are  intended only to provide
the public  with general  information about proposed  and ongoing
studies.  The  Trustees believe that the published  plans achieve
that goal.


Comment;  Because the 1989 and 1990 descriptions of this study are
so  similar,  the  Trustees  should make  known the  progress  and
expenditures made to date.  (ESC)

Response;  The economic study plans  are  intended only to provide
the public with  information about proposed and  ongoing studies.
Detailed  information about  progress and  budgets  is  litigation
sensitive and cannot be provided in this public document.


Economics Study No. 9 - Archaeological Damage

Comment;  There is no explanation for inclusion of the remains of
past human activity within the definition of "natural resources."
(ESC)

Response;   A  valuation  of  the  committed use  of  the  cultural
attributes of natural resources, as well as, the natural components
of cultural sites is properly within the natural resources damage
assessment process.


Comment;  The Plan  contains  no  methods  for assuring that double-
counting will be avoided.  This study potentially will double count
the following alleged loss of value of archaeological resources as
tourist attractions, which is also  being studied in Economics 5,
and archaeological science value,  which is also being assessed in
Economics 8.  As to the latter, "intrinsic values" held by native
groups will be counted three times unless there is some available
method for  dividing this value into subcomponents  for existence
values of archaeological resources, existence values for cultural
heritage  and culturally-derived intrinsic values held by native
groups as members of the general population.  (ESC)

Response;  The Trustees note these concerns and intend to perform
their studies so as to avoid double-counting.


Comment;   There is  no  description of the methods  for measuring
economic  damages  and no  explanation for  valuation of allegedly
damaged sites.   (ESC)
                              D-160

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Response;  The economic  study plans  are  intended only to provide
the public  with general  information about proposed  and ongoing
studies.  The  Trustees believe that the  published  plans achieve
that goal.


Comment;  There is no identification of the unique archaeological
sites that have value as tourist attractions.  (ESC)

Response;  All archaeological sites are unique and may have a use
value as tourist attractions.
Comment;   Because the 1989 and 1990 descriptions of this study are
so  similar,  the  Trustees  should make  known  the progress  and
expenditures made to date.  (ESC)

Response;  The economic  study plans  are  intended only to provide
the public with  information about proposed  and  ongoing studies.
Detailed  information about progress  and budgets  is  litigation-
sensitive and cannot be provided in this public document.
                              D-161

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RESTORATION PLANNING

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Comments on Restoration Planning - General

Comment;  The Restoration Planning Project does not provide enough
information on objectives or on field, analytical and statistical
methodologies to permit adequate review.  (ESC)

Response;  The objective  of  the  1990 plan was to provide summary
information  on  individual  studies,  adequate  for  reviewers  to
understand  the  scope  of the study  and the interrelationships
between  studies, as  well as the  scope of  the  overall  damage
assessment program.


Comment:  In order for the public to effectively participate in the
restoration process,  the  results of  the feasibility studies are
needed.  (NRDC)

Response:  The information in the 1990 plan was provided to give
the public a general understanding of restoration activities to be
conducted in 1990.   Additional information  on the results of the
feasibility studies will be published in a Federal Register Notice.


Comment:  Many of  the components of  the restoration program are
actually  research.    The  program  develops  and  tests  unproven
methods, such as  the murrelet dawn detection technique, that do not
focus on restoring the ecosystem.    (ESC)

Response;    Identifying  and  developing  technically  feasible
restoration procedures for natural resources and services affected
by the spill is an  objective  of restoration  planning.  Restoration
will  focus  broadly  on the  recovery  of ecosystems  as well  as
individual components.


Comment;   There is no information  in  the Restoration Planning
Project as to the extent to which results of the technical studies
were considered, if  at  all,  in creating its objectives.  Without
such  coordination,   the undertaking  of  restoration studies  is
premature.  (ESC)

Response; The  restoration process is a dynamic process that allows
for the incorporation of new information as it becomes available.
The objectives for restoration  include incorporating the results of
technical studies in the selection of any restoration measures.


Comment;  The Plan inadequately deals with the role to be played by
natural  recovery in  the restoration process.    The  literature
regarding historical spills  indicates that  natural recovery is a
viable restoration option and  one to be preferred.  And the
                              D-162

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extensive natural recovery that has already occurred makes natural
recovery  the   most   cost-effective  and  environmentally  sound
restoration option.   (API; APSC; ESC)

Response;   Natural recovery  monitoring will help  determine the
nature and extent  of  any natural recovery that is occurring.  If
natural recovery appears to be adequate,  and within a reasonable
time-frame, no  direct restoration projects  will  be implemented.
Information on  the adequacy  of natural  recovery is  central to
determining whether to  implement restoration actions or to allow
injured resources to recover on their own.


Comment;  The Plan  assesses damages regardless of the prospects for
natural recovery.  Many of the studies are designed to demonstrate
only that there are differences between, oiled  and  unoiled areas
without any consideration of  whether these differences result in
lost  use or  whether  it  would be  desirable  to correct  these
differences with restoration measures.  (ESC)

Response;  Identifying injured resources  is the first step in the
restoration process.  Additional steps include determining the need
for restoration, identifying  potential  restoration alternatives,
evaluating  potential   restoration   alternatives,   implementing
restoration alternatives  on a continuing  basis and evaluating the
effectiveness of restoration activities.  Even if natural recovery
is deemed adequate, the Trustees are authorized to  recover the lost
use value of the resource during the period of recovery.


Comment;    There  is   no  connection  between  the  restoration
alternatives set forth in the Plan and the economic work evaluating
the need  for restoration and determining  whether  any  of  these
projects are supportable  in light of natural recovery.   (ESC)

Response;  An  integral  component  of   the  restoration  planning
process is to determine the nature and pace of natural recovery of
injured resources,  and identify where direct restoration measures
may be  appropriate.   All proposed  restoration alternatives will
undergo economic and  environmental analyses  to determine whether
these projects are justified in light of  natural recovery.


Comment;   Restoration  studies are  only necessary  if technical
studies show that a resource will be adversely affected for a long
period  of  time.   Restoration studies  that  are  being conducted
before the results of the assessment studies are available must
assume that all  resources are  injured and  will require restoration
measures.  This  approach requires the unnecessary expenditure of
monies for feasibility studies and literature searches concerning
resources  that  are  later  determined   not  to  require  active
restoration  measures.      While   this  approach   may   shorten

                              D-163

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implementation time once the damage assessment process is over, it
unwisely expends resources  with little,  if  any,  hope of benefit.
(ESC)

Response;  The Trustees disagree that restoration studies are only
necessary  if  a resource  will  be adversely  affected for  a long
period of  time.   Restoration  studies  may concern any  degree of
injury to  a natural  resource  in order  to  determine whether to
enhance natural recovery.  During the course of the NRDA studies,
where the nature of the  resource  injury  is  reasonably clear, and
where no alternatives would be foreclosed, it may be desirable to
begin implementation of certain restoration activities prior to the
conclusion of the NRDA studies and a final restoration plan.


Comment;   The  focus  of the Plan should  be  redirected  toward the
identification of  alternative  restoration strategies.   The Plan
incorrectly  assumes  that  all resources were  injured and  that
additional research is needed.  (ESC)

Response; The Trustees have determined  that in some instances they
can begin identification of restoration strategies, but they have
not obtained a full picture of injuries  to  all resources and for
this  reason will  continue  to study  certain  resources.    When
appropriate,  further   study  of  particular   species   will  be
discontinued.  The  Plan does not assume  that  all  resources were
injured;  rather the Trustees are obligated to uncover injuries to
all natural resources.
Comment;  The Plan fails to focus on restoration.  The restoration
section of  the  plan is too cursory and  the assessment therefore
will not  be cost-effective  or produce  a  usable result.   Cost-
effectiveness does  not appear to be a criterion of  the Plan and
does not  play  a  role in  the identification  and  selection  of
feasible restoration measures.  (API,  APSC)

Response;    Restoration  is receiving  increased emphasis  as the
results of  the  damage assessment studies  are analyzed.   Cost-
effectiveness is one of several  criteria  used to  determine the
appropriateness of a restoration option.


Comment;    Thus  far the  Trustees have  attempted  to identify
restoration approaches  that have been  used in the past, and then
have pursued  feasibility studies for other methods  which may be
costly or less proven.   (API)
                              D-164

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Response;  Restoration options that have worked in the past or have
known  potential  are  the  first options  that  were  evaluated.
Feasibility studies  focus  on identifying methods that  are not as
well-established  in  the sub-arctic  conditions of the  oil  spill
area.
Comment;  Implementation of restoration strategies should only be
undertaken at this  stage  if  their funding does not diminish that
available for damage assessment and they  are  limited to funding
urgently  needed  acquisition   projects   or   initiating  pilot
restoration projects that have a  firm  foundation in restoration
studies that have been completed and analyzed.  (NWF, NRDC)

Response; The Trustees and EPA view the  entire restoration process
as dynamic and evolving.  As information about injuries, resource
recovery, restoration methods or costs becomes available, certain
activities may be recommended and implemented prior to completion
of all damage assessment studies.


Comment;  Any restoration projects conducted before the assessment
is complete should be funded  separately.  Although the plan refers
to pilot restoration projects, many of the experts consulted have
stated that only after several years of damage  assessment have been
completed can a  decision be made regarding the restoration measures
to be undertaken.   (NRDC)

Response;  Any restoration projects that may be implemented prior
to the completion of the assessment process will not be funded with
monies appropriated  for damage assessment activities, but
will be funded separately.  Restoration projects that  are  urgently
needed to protect or restore injured resources may be implemented
if they do not disturb ongoing damage assessment studies.


Comment;  The types of restoration projects considered in the Plan
are  limited.   More  attention should be  paid to  acquisition of
equivalent  assets such  as  reacquiring timber rights  in Prince
William Sound and buying  back  the Bristol Bay oil leases.  (NWF,
NRDC)

Response;  Acquisition of equivalent resources is one restoration
option being evaluated.


Comment;  Although  Ohio v.  Department  of  the Interior indicated
that  restoration or  replacement  of resources  is the  object of
damage assessment,  it also  recognized  where costs  were grossly
disproportionate  to loss,   such  restoration   should   not  be
undertaken.   (API)
                              D-165

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Response;  The value of the resource being restored, and the cost
of   restoration   options,   will   be   evaluated   before   any
recommendations to conduct restoration projects are made.


Comment:   Few  restoration projects  are  scheduled for  action.
Restoration projects  now consist primarily of  workshops,  public
meetings and comment,  and additional feasibility studies.  Most of
the restoration research remains piecemeal.  (API)

Response;  As more information becomes available on the nature and
extent of damaged resources, additional restoration options will be
identified.  Workshops, public meetings and comments were, and will
continue  to  be,  solicited to help identify possible restoration
options.


Comment;   Feasibility studies are  supported  in  advance  of more
expensive  restoration   activities  when   restoration   has  been
justified and the realistic means for restoration  have been found.
Feasibility studies should be realistically selected from methods
that have been successfully used in the past.   (API)

Response:  Due to  the dearth of restoration  information related
specifically  to  the  spill area,  feasibility   studies  may  be
conducted in the oil spill area using methods that previously have
not been  employed  in  the sub-arctic environment as  well as well-
established methods that have been  identified through  the damage
assessment process.


Comment;  The 1990  Plan improperly focuses  on potential injuries to
natural resources without analyzing the need for restoration or the
means to  restore damaged resources, replace those that cannot be
restored  or  acquire  equivalent  resources   if  restoration  is
required.  Thus, the Plan does not provide a  reasonable basis for
recovering  damages  under  the  Clean  Water  Act  or  the  NRDA
regulations.  (ESC)

Response;  Before appropriate restoration activities can be fully
implemented,  it  is  necessary  to  make  a tentative  conclusion
regarding  natural  resources injury.   Restoration under  the DOI
regulations is a four step process:  (1) The injured resources are
identified;   (2)  The  extent of injury   is  quantified;   (3)  A
restoration methodology  plan is  developed to  the level of detail
required  to  determine  the cost  of restoration; and  (4)  After
litigation or settlement,  a final restoration plan is developed.
The  Trustees  are  acting  in  a manner   consistent  with  these
regulations.
                              D-166

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Comment;  Section 311(f) (4)  and (5)  of the Clean Water Act clearly
makes  the cost  of  restoration,  replacement  or acquisition  of
equivalent resources the exclusive measure of damages.  There is no
authority for recovery of  lost use values.  Lost use values can be
used only to determine whether proposed restoration techniques are
grossly  disproportionate  to  the  value  of  the  injured  resource
and/or to determine the cost-effectiveness of various alternatives
for achieving restoration.  The Plan ignores this concept.  (ESC)

Response:   While lost use  values may be  used for the  purposes
suggested above, Ohio v.  Department of the Interior. 880 F.2d 432
(D.C.  Cir.  1989),  makes  it clear that  lost use  values  may also
serve as a measure of damages under section 311 of the CWA.


Comment;  The Clean Water Act and the NRDA regulations refer only
to "acquisition  of  equivalent resources."   There is no authority
for the Plan's expansion of  this concept  to include acquisition of
equivalent goods and services.  (ESC)

Response;   While the  use of  NRDA  regulations is  optional,  the
regulations generally define "acquisition of the equivalent" as the
substitution of an injured resource with a resource that provides
the same or substantially  similar services.  43 C.F.R. § H.14(a).

Thus,  any restoration option that  includes  the acquisition  of
equivalent resources therefore, properly  may consider the services
those resources provide,  both to the ecosystem and to humans.


Comment;   The Plan contemplates calculation of  natural  resource
damages   independent   of  the  cost  of   reasonable  restoration
activities for the  recovery of natural resources affected by the
spill.   This contradicts the fundamental  purpose of  the damage
assessment, which is restoration.    (ESC)

Response:  The  Trustees  are  directing the  damage assessment and
restoration  planning processes with  the objective of  restoring
injured  resources.   As indicated  in Ohio  v.  Department  of  the
Interior,  the cost  of restoration  is  not the  sole measure  of
damages.


Comment:  The Plan fails to  include  cost-effectiveness criteria in
its evaluation of restoration  alternatives.  It refers on page 333
only  to  the   identification  of   costs  of  implementation  of
restoration measures without referring to the benefits associated
with those measures.   And on page  336,  the  list of criteria for
selecting restoration  feasibility projects  makes no reference to
any  requirement  that restoration  be more cost-effective  than
natural recovery.   (ESC)
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Response;  The  services provided  by  the  resource,  as well as the
cost  of  implementing the restoration measure, will  be evaluated
before any restoration option  is  selected.   The  requirements for
restoration include  cost-effectiveness and  the standard that the
cost of the restoration measure not be grossly disproportionate to
the value of the resources or services restored.
Comment;   The  Plan seems to assume that the  environment must be
restored to a pristine state.  Support for this is not found in the
Clean Water Act,  the NRDA regulations or in Puerto Rico v. S.S. Zoe
Colocotroni.  Restoration measures should simply return or replace
resource services to their baseline condition.  (ESC)

Response;  The intent of the restoration process is to return the
injured resources to their baseline condition.  This includes not
only their biological condition but also their ability to provide
the previous level of services.


Comment;   The  Trustees are  responsible  for  selecting a  cost-
effective restoration program; the public's participation in this
process  is  unproductive since  the  public  does  not  have  any
independent knowledge about  injuries or restoration needs.  Public
meetings  held  to  develop   lists  of  restoration  ideas  create
expectations in  the  public  that are not  justifiable  given the
actual state of the environment.   (ESC)

Response;   The  Trustees believe that public involvement  is an
important part of the  restoration process.  The commenter's desire
to increase  the  influence of  responsible  parties  while excluding
the  public  is  inconsistent with  the goals  of the  restoration
process.


Comment;  The  Trustees  alone  are responsible  for  choosing active
restoration measures.  The restoration project's emphasis on public
involvement is contrary to the regulatory requirements since it is
not cost-effective and distracts  the Trustees  from focusing on the
technical   information   needed  to  identify  whether  specific
restoration measures are needed.   (ESC)

Response;   While the  decision to plan for implement  restoration
activities does rest with the Trustees,  they have determined that
public participation  is important  to  the damage  assessment and
restoration planning process.  To invoke the public  in this process
is not  contrary  to  the assessment regulations  and  assists the
Trustees in  identifying information important to  the  restoration
process.
                              D-168

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                                  Activities - Specific

Restoration Technical Support Project No. 1

Comment;   The Introduction's statement that  "an additional more
formal round  of peer  review is  not  possible"  implies  that the
"comments received at the technical workshop and series of public
meetings" were part of a review process.  These meetings were part
of an informational effort, not a review process.  This statement
also  implies  that the  projects  were  conceived  and  initiated
hastily.   They should have been  conceived during  the winter and
aired  for  comment   by   interested  parties   before  they  were
undertaken.   (ESC)

Response;  Comments received during public technical workshops and
meetings   were  considered  during  the  process   of  proposing
feasibility  studies for  the  1990  field season.    In  addition,
experts were consulted during other non-public technical workshops.


Comment:   The peer review process described  appears  to be flawed
and may generate biased comments.  Some of the peer reviewers may
have a vested interest in the  outcome since  they are part of the
NRDA process.   No  information  about the reviewers  is provided to
ensure that such bias  does not  occur and that a thorough technical
review will be made.  (ESC)

Response;   It is not  necessary to  list  the  names  of individuals
providing expertise in order to review the validity  of the studies.
Every effort  has been made to  ensure  that a  balanced,  objective
review occurs for each study.


Comment;  The cost-effectiveness of this project's review of 1990
feasibility study results is questionable given that those projects
are not justified.  (ESC)

Response;  The  cost of this study is reasonable. The peer review
process ensures that proposed feasibility studies are appropriate
for implementation.


Restoration Technical Support Project No. 2

Comment;    This project  should  have  as  its objective  natural
recovery.   (API)

Response;   The goal of  this project  is to create a database of
information that will  help identify areas where direct restoration
is appropriate.
                              D-169

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Comment;  Acquisition-based restoration  studies,  such as Project
No.  2,  are  premature  and unwarranted  since there  has  been  no
showing  that impacted  resources and  their respective  services
cannot be restored or replaced.  (ESC)

Response;    This  project is  designed  to  provide  information
necessary to determine  appropriate restoration procedures that are
not limited to acquisition.


Comment;  This project is neither cost-effective nor focused.  It
obtains, translates and analyzes data for all the major resources
instead of concentrating only on those resources that are in need
of restoration efforts.  This study's support of off-site habitat
acquisition is premature since  it has not been shown that impacted
habitats cannot be restored.   (ESC)

Response:   It is appropriate to have  a database that  shows the
status of all resources potentially  impacted by the  oil spill so
that all reasonable  restoration  options can be  analyzed.   It is
intended  to  provide  a  base  from  which  candidate  sites  for
restoration or acquisition can be identified.


Comment;   No information  is  given  for  evaluation  of  the type,
amount  or  usefulness  of  the information  to  be  integrated,  the
procedure  to be used  or any   quality  assurance checks to  be
employed.   And  it is unclear whether  natural  recovery processes
will be incorporated into the final result.  (ESC)

Response;  The information is being reviewed to ensure that it is
in  an  appropriate  format  for  use  in  the overall  restoration
planning  process.   The  information  provided may  also  prove
advantageous for documenting natural recovery processes that may be
occurring.


Restoration Technical Support Project No. 3

Comment;  There is no basis for this type of study given that there
has not been an  identification of injuries requiring restoration.
This approach to identifying and developing restoration plans is
neither focused nor cost-effective.   And  there is no consideration
given to the  ability of the  natural  resources  damaged to recover
naturally.   (ESC)

Response;  This  project established  a  process  for developing and
reviewing feasibility studies to be considered  for implementation
in  1991.    No decisions  have  been made  about which  studies to
actually carry out, pending further evaluation of damage assessment
                              D-170

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study  results.    The  ability  of  natural  resources to  recover
naturally  is being  taken  into account;  one of  the feasibility
studies considered would explore methods for monitoring of natural
recovery rates.


Comment;   There  is not enough  information given  to evaluate the
nature and content of the meetings or how future project plans will
be more fully developed.  (ESC)

Response; More information will be provided about feasibility study
proposals prior to implementation in the field.


Comment;   There  is  no way  to determine  whether and how cost-
effectiveness criteria will be considered  and whether the focus is
solely on restoring oil-spill related injury.  The artificial reef
project is suspect because there are no confirmed fish kills, reefs
were not impacted by oil, and water quality is good.  (ESC)

Response;  Cost-effectiveness  criteria will  be  considered before
implementation of any restoration  project,  and one of the purposes
of  conducting feasibility   studies  is  to  establish  the  costs
associated  with  implementation.     Construction  of  artificial
habitats for fish and shellfish can enhance productivity and may be
one means of restoring damaged population.  No decisions have been
made about  the for,  or appropriateness of,  such  measures in the
oil-spill environment.  It was  cited here as an example of the type
of restoration project for which a feasibility study  might be need.


Feasibility Study No. 1

Comment;   This feasibility  study  is unnecessary since  there is
evidence that this resource is recovering rapidly.  Recruitment has
proven to be effective for restoring  oiled  shoreline areas, so the
benefits of  natural  recovery  will far outweigh those of  any of
these restoration efforts.   (ESC)

Response;  Based  on further surveys conducted prior to actual field
work, the study was modified to determine the causes of variation
in fucus recovery and document the extent of natural  recruitment in
areas disturbed  by oil and  cleanup  efforts.   Understanding the
causes of natural variation  in recruitment may suggest restoration
measures to enhance the natural process.


Comment;   The  majority of this study  appears to  be research and
should not be funded under the NRDA  program.   Objectives B,  C, D
and E should only be considered if Objective A reveals that there
is  a  definite  need.    Otherwise,   implementing   all  of  these
objectives at the same time is  not cost-effective.   (ESC)

                              D-171

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Response;  Objective  A was the primary focus of  the  1990 study.
Objectives B, C,  D,  and E were modified based on the results of
natural recovery monitoring.


Comment;  Objective A may  overlap  with,  or duplicate, work being
performed in Air/Water 2 or Coastal Habitat 1.

Response;  Objective A was similar to objectives in Coastal Habitat
1.   However  the  studies  looked  at  different   aspects  of  the
environment   and   close   coordination   prevented  overlap   and
duplication.


Comment;   Considering  the potential for  natural recovery,  the
advantages of transplanting fucus are not well discussed.   The
success of this project is questionable.    (API)

Response;  The project was modified and no transplanting occurred
in 1990.
Comment;   Objective C  is  confusing  since  fucus has spores rather
than seeds.   And the  high  energy environment  of  Prince William
Sound will create a dispersal of planted spores  greater than the 1
meter noted in the study.  (API,  ESC)

Response;  The word seeding was  used in  a general sense to mean
artificial establishment of fucus in barren areas.   Fucus embryos
are dispersed from the parent plant.


Comment;   The dispersal test for oiled areas treated with differing
cleanup methods is basic,  general  and unnecessary research.  (API)

Response;  The study  was modified to eliminate this  part of the
project in 1990.


Comment;   There is insufficient information given regarding field
methodologies. Although three methods are referred to  in the field
tests, only two are specifically mentioned.  The lack  of detail on
types of habitat,  measured parameters and  statistical  methods will
leave the findings of this study open to challenge.   (ESC)

Response;  The  field methodologies  and statistical methods were
subject to evaluation to ensure they were valid.


Comment;     There  is  insufficient  information   concerning  the
laboratory experiments to evaluate them.  (ESC)


                              D-172

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Response;  The study was modified,  and laboratory experiments were
conducted as part of this study.


Comment;  The statement  in the introduction to this study regarding
the  reduction of fucus over large  areas  fails to  consider the
vertical  distribution  of  fucus.    Most  fucus  below the  lower
intertidal  would have   suffered  little  impact from oiling  or
cleanup.  It therefore  remains a diversified source of spores for
recruitment.   (ESC)

Response;  The upper edge of the fucus zone is in a highly hostile
environment where it is  difficult for plants to become established.
Fucus living below the  intertidal zone were taken into account in
the design and execution of the study.


Feasibility study No. 2

Comment;  The reestablishment of grazers  and predators  will not
restore the  ecosystem if primary producers  on  which the grazers
feed are not present.   (API)

Response;  The study also  examines the  recolonization of primary
producers.


Comment;  As the  larvae  of rocky intertidal species are pelagic, it
is likely that the  community will  recover naturally within a few
years, without planting species.   (API)

Response;   The  study  examines  the  rate  of natural  recovery to
determine if  it  is  sufficient  or  can  be  enhanced  by artificial
means.
Comment;   The term  "enhancement plots"  mentioned in  the study
description is unclear.  (API)

Response;   Enhancement  plots are  experimental sites  that were
established.
Comment;   Predator  exclusion  studies may  be  basic  scientific
research beyond the scope of the Dol regulations.  (API)

Response;  Predators are a variable in the ecosystem that need to
be experimentally controlled to identify the potential impacts of
EVOS.
                              D-173


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Comment:  This feasibility study is unnecessary since this resource
is recovering  rapidly.   And cleanup techniques were  designed to
minimize  further  injury,  thereby leaving a good  source  of fauna
available for  recruitment.  It  is  more  in  the nature  of research
than damage assessment.  (ESC)

Response;    The  study  was  conducted  to   determine  if  it  was
reasonable  to continue  exploring restoration  of an  intertidal
ecosystem heavily impacted by the EVOS.   The Trustees disagree with
the  general  assertions  of the  review   that  the  resource  is
recovering rapidly and cleanup techniques minimized injuries.


Comment:  There is insufficient information given to evaluate how
the  feasibility  of  enhancing  colonization of  key species  and
recovery  rates will  be determined  and statistically  verified.
(ESC)

Response;  The study was technically and statistically reviewed to
ensure its design is valid.


Comment;  There  is  no information on the  source  or  selection of
limpets as grazers and Nucella and Leptasterius as predators to be
the key  intertidal  species  as a baseline  for measuring recovery.
(ESC)

Response;  Nucella and Leptasterius are  important predators in the
intertidal  community and are  likely to  have an impact  on the
community structure.  They both have limited dispersal capability
and are  likely to have  been impacted by the oil  spill.   There is
ample  literature that  identifies  limpets  as  critical  grazing
components in  the community structure.


Feasibility Study No. 3

Comment;  This feasibility study is unnecessary since this resource
is recovering  rapidly.   And cleanup techniques  were  designed to
minimize further injury,  thereby leaving plenty of growth available
for recruitment.  (ESC)

Response;    Beach wild  rye appears  to  be  recovering at  most
locations.  At some sites recovery is slow  or non-existent.  These
sites  are subject  to erosion  and will require  intervention to
mitigate otherwise deleterious effects.  The actual number of sites
and the type of intervention necessary will be determined  after the
1991 spring shoreline assessment.  Although cleanup techniques may
have been designed  to minimize  injury,  the actual conduct of the
cleanup did result in injury to beach wild rye at some locations.
                              D-174

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Comment;  Restoration methods cannot be evaluated because there is
no  information  given on  the  "well-established  techniques  for
restoring rye grasses."  (ESC)

Response:   Only limited information was given on  restoring rye
grasses since the methods are simple, have been used successfully
for years, and are commonly known.


Comment;  There  is not enough information available to judge the
cost-effectiveness  of  this  study.   The  objectives,  even  if
necessary, should be  phased so that  B and C are only  carried out if
it  is  determined from  Objective  A  that restoration  will  be
necessary.  (ESC)

Response;  This  study determined that there  are  sites that need
restoration and  that given the injury observed to  date,  a pilot
project is not necessary  before  restoration is implemented.  Sites
to be restored will be determined after the 1991 spring shoreline
assessment.
Comment;  The information to be gained from this study is not worth
a  full-scale  beach wildrye  restoration  project.    It  is  not
appropriate to  identify and prevent erosion which may occur for
reasons unrelated to the oil spill.  (ESC)

Response;  Beach wildrye sites will  be restored where  there is a
danger of further injury if the sites are not restored.  There has
never been the intent of the Trustees to restore beach wildrye just
to  study restoration  methods.    The intent is to  identify and
prevent erosion for reasons related to the EVOS.


Comment;   Too  little   information  is   provided to  evaluate the
criteria  used  to  establish  the  site  potential  for  wildrye
restoration.  The mere  presence of oil during a  site visit does not
necessarily mean that  there is  injured beach  wildrye  in  need of
restoration.  This  grass can grow well even in the presence of oil.
(ESC)

Response;  The need for wildrye restoration is based primarily on
the potential  for  natural recovery  or the lack thereof  and the
likelihood of continuing erosion  if  restoration measures  are not
implemented.  The Trustees are aware that beach  wildrye  can survive
in the presence of oil.
                              D-175

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Feasibility Study No. 4

Comment;  Acquisition-based restoration studies, such as this one,
are premature and unwarranted since there has been no showing that
impacted resources and their respective services cannot be restored
or replaced.  (ESC)

Response;  Marbled murrelets and harlequin ducks were killed by oil
from  the spill.   Such injury  warrants  small scale  feasibility
studies  to  help determine the need and practicality  of possible
restoration activities that may be necessary in the future.


Comment;  This study is poorly defined.   Identification of upland
habitats used by murrelets and harlequin ducks is not instructive
of habitats  used by other  species.   This study  should identify
instead scarce habitat types or  habitat types used by the greatest
number of species (or the species most vulnerable to disturbance or
disruption) or those habitats most threatened by human activities.
(NWF)

Response;  Injury to these species necessitates an understanding of
their critical upland and marine habitat.


Comment;   Objective E of  this  study is ambiguous and  cannot be
evaluated without a definition of the scope of the term "full-scale
restoration project concerning upland habitats."  If these habitats
have  not been  injured,  there is no need  for  restoration.   (API,
NWF)

Response; Objective E of restoration feasibility project  #4 was not
carried  out in 1990.


Comment;   The  budget for Restoration Feasibility Study No.  4 is
disproportionately  small,  especially when  compared  to  that  for
Restoration Feasibility Study No. 5.  (NWF)

Response;  The goal of each restoration feasibility project is to
accomplish  its goals  in  a  cost-effective manner.   People  and
equipment were  jointly  shared by projects, thus  enabling a very
modest budget to accomplish the primary tasks.


Comment;    Evaluating new research  methods  such as  the  dawn
detection technique  for marbled murrelets is inappropriate.  This
work  is  research.   (ESC)

Response;  The dawn detection technique for marbled murrelets has
been  used in other  west coast areas with some  success.   Thus,
testing  its applicability in  Alaska was  within  the  scope of

                              D-176

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feasibility  project guidelines.   Because  it is  not  known where
marbled murrelets nest in PWS, this must be  determined before other
more specific restoration projects can be developed.


Comment;  Insufficient information is provided to  evaluate whether
the monitoring of two species of birds can provide sufficient data
to develop a feasibility study  or full-scale restoration project.
(ESC)

Response;  The type of data provided in the  project descriptions is
limited due to the need to keep specific information confidential
pending potential litigation.


Feasibility Study No. 5

Comment;  Acquisition-based restoration studies, such as this one,
are premature and unwarranted since there has been no showing that
impacted resources and their respective services cannot be restored
or replaced.   (ESC)

Response;  This  study will  provide background information on the
oil-spill area and adjacent lands and will also serve to identify
potential sites for restoration projects.


Comment;  The description of Restoration Feasibility Study No. 5 is
too vague.  It is not possible to ascertain whether  it will review
an appropriate number of potential equivalent assets.  (NWF)

Response;  The focus of the  study is  on the entire area influenced
by the EVOS.


Comment;   The study indicates  that  equivalent  resources will be
acquired.   There  is  no connection  between  timber land  or land
proposed for development and lands affected by the spill.   (API)

Response;  This study is looking at the status of  upland resources
and the relationship  of  that  land with resources  impacted by the
EVOS.  No decision has been made to acquire upland resources.


Comment;   The assessment  of  alternative  cultural sites  is not
appropriate as they are not natural resources.  (API)

Response;  Acquisition of cultural sites is one option mentioned by
the public as a possible restoration measure.  A  valuation of the
committed use of the cultural attributes of natural resources, as
well as  the  natural  components  of  cultural sites,  is  properly
within the NRDA process.

                              D-177

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Comment;  Much of this study does not appear to be related to areas
affected by the  spill;  rather,  it appears  to  be  data-gathering.
Considering the large amount of information that has been gathered,
additional mapping  is neither warranted nor cost-effective, without
knowing which, if any,  natural resources should be considered for
off-site habitat acquisition.  (API,  ESC)

Response;  The Trustees disagree.  The results of this study will
help identify the upland resources that may  assist in the recovery
of injured resources if acquired.
                              D-178

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