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
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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
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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)
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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,
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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.
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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.
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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.
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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)
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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)
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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)
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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)
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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)
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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)
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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.
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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
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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)
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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
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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)
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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)
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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.
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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.
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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
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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
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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.
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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)
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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.
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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.
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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.
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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)
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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.
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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.
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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
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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
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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.
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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)
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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)
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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.
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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.
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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-
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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)
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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.
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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)
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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
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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.
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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.
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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)
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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)
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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)
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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)
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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.
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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
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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
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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)
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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)
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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.
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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.
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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.
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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
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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)
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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)
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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.
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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.
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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.
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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
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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.
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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.
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