[From the U.S. Government Printing Office, www.gpo.gov]


                                                                                 


                            The 1990 State/Federal
           Natural Resource Damage Assessment
                             and Restoration, Plan
                     for the Exxon Valdez Oil Spill

                                 Volume 11: Appendix D



    TD427
    .P4A15
    1990
    v. 2





































                                                                  VOLUME II:  APPENDIX D














  


                                                        LIBRARY
                                                    NOAA/CCEH
                                                       1990 HOBSON AVE.
                                                    CHAS. SC 29408-2623
 











                                         APPENDIX D


                                     TABLE OF CONTENTS






          INTRODUCTION   .............................................          1


          Response to General Comments on the Plan      ...... o0o  ........    1

          Response to Comments on Coastal Habitat Study       ... oo  ....... 21

          Response  to Comments on Air/Water Studies .     ...............   26

          Response  to Comments  on  Fish/Shellfish Studies     ...........  36

          Response  to Comments  on  Marine Mammals Studies    ....... o ... 63

          Response  to Comments  on  Terrestrial Mammals Studies      ...... 73

          Response  to Comments  on  Bird Studies    .....................   78

          Response  to Comments  on  Historic Properties
                And Archaeological   Resources   ........................    93

          Response  to Comments on   Technical Services    ...............   98

          Response  to Comments on   Economic Studies    .................   105

          Response  to Comments on   Restoration   ......................    116










































                                                            GENERAL










         COMMENTS AND RESPONSES CONCERING THE DRAFT -'STATE/FEDERAL NATURAL
                    RESOURCE DAMAGE ASSESSMENT PLAN FOR THE EVOS"

         The 1989 Draft Damage Assessment Plan was made available to the
         public for review and comment.         Approximately 75 reviewers
         representing industry, environmental groups, public agencies and
         individuals commented on the plan during the written comment period
         and the follow-up oral sessions held in Anchorage, Alaska and
         Washington, D.C.    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 evaluation of the 1989 effort and formulation of
         the current plan.

         This section provides a synthesis of the comments and responses
         thereto.    Comments were not individually identified since many
         comments were either similar or duplicative.       The comments and
         responses are organized into two basic categories -- those dealing
         with the general nature of the plan and those concerning a specific
         category of studies or individual studies.

         Comments concerning individual studies that have been completed or
         discontinued in 1990 have not been addressed in this plan.

         GENERAL COMMENTS


         Comment: Reviewer had been wrongly identified as a "potentially
         responsible party" (PRP) as the Comprehensive Environmental
         Response, Compensation and Liability Act (CERCLA), 42 USC. Sec.
         601(14) expressly exempts "petroleum, including crude oil" as a
         substance to be considered under the provisions of that law, and
         liability extends only to the owner of the vessel from which the
         oil was spilled under the Clean Water Act (CWA) , 33 USC. Sec. 1321.

         Response:    The natural resource damage assessment studies are not
         designed to determine the liability of a particular party, hence
         the term "potentially responsible party" is used. The focus of the
         process is to identify, quantify, and value injury to natural
         resources due to the EVOS, and to identify appropriate restoration
         measures. The Trustees are confident that the applicable laws have
         been   interpreted    correctly,   including   those   relating     to
         identification of PRPs.

         Comment:. The plan lacked sufficient detail to evaluate the
         adequacy of individual studies in assessing injury to natural
         resources.


         Response: The objective of the 1989 plan was to provide summary
         information on individual studies, adequate for reviewers to
         understand the scope of the study and the interrelationships
         between studiest as well as the scope of the overall damage
         assessment program.    Greater detail is included in the current

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           plan.

           Comment:   The plan lacked sufficient detail for reviewers to
           determine whether the statistical designs were adequate to produce
           valid results.    The overall design of some studies would not
           produce valid results.

           Response: All studies were fully reviewed in terms of statistical
           design and other factors. As a result of this review, some studies
           were discontinued and others were modified to ensure a
           statistically valid design. More detail on statistical methods is
           included in the current plan.

           Comment:   There was insufficient detail to determine whether the
           methods for collectiont cataloging, storage, preservation and
           analysis of field samples and other data are adequate. There was
           also insufficient detail on the costs of the studies.

           Response:    A detailed protocol has been developed for the
           collection, cataloging, and storage of field samples and related
           data to ensure that a proper chain of evidence is maintained and
           that information is preserved. (All individuals collecting samples
           have been trained in these methods.) This protocol is described in
           the Quality Assurance/ Qua 1 ity Control Procedures for the damage
           assessment plan.     (See Appendix A.)       These procedures also
           describe the quality assurance methods for laboratory analysis.
           Costs of studies are detailed in the current plan.

           Comment:   There was insufficient consideration of the natural
           recovery of resources in the discussion of restoration. The goal
           of this process should be to restore the spill-affected area to a
           pristine condition rather than to restore necessary services.

           Response:   Natural recovery of resources will be considered in
           restoration planning. A review of literature will be completed to
           provide information about natural recovery from other oil spills,
           as well as other methods of restoration. The goal of restoration
           is to restore the affected area to a pre-spill condition where
           possible. More detail is provided in the restoration section of
           the plan.

           Comment:    There is no Restoration Methodology Plan or resource
           recoverability analysis in the plan.

           Response: The primary objective of the 1989 effort was to examine
           the injury to natural resources as a first step in determining
           damages and appropriate restoration.      Restoration planning was
           initiated in November 1989, and will include methodology planning.
           Details of restoration planning are provided in this plan.

           Comment: There was insufficient information regarding design and
           costs of the studies to determine whether the costs were


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         reasonable, as defined in the NRDA regulations.

         Response: Because of the need to gather information in a timely
         manner, studies were implemented in 1989 consistent with 43 C.F.R.
         Section 11.22 of the NRDA regulations.      During the winter, all
         studies were reviewed in detail to ensure that study designs and
         costs were consistent with the regulatory provisions for reasonable
         costs. As a result, some studies were discontinued and others were
         modified. Greater detail is provided in the current plan.

         Comment: There were errors in the chronology of oil spill events.

         Response: The chronology has been reviewed where it has a bearing
         on the damage assessment process. The 1990 plan has eliminated the
         chronology.

         Comment: The plan did not include sufficient study of animals that
         use beach habitat on Kodiak Island.

         Response: See current plan for studies concerning Kodiak Island.
         In addition, beach animals are being studied in other locations.
         Findings from these studies will be extrapolated to other affected
         areas where appropriate.

         Comment:   The studies focus on the effects of oil on individual
         species and do not consider the interrelationships between species
         as well as interactions within the ecosystem as a whole.           In
         addition, the damage assessment process is limited to an assessment
         of loss for human use and should include a consideration of use,
         non-use and loss of service to the ecosystem as whole.

         Response:   The studies are intended to provide a comprehensive
         assessment of injury to the ecosystems affected by the oil spill.
         For example, one objective of the coastal habitat study is to link
         effects identified in individual studies to the ecosystem as a
         whole. During the winter review of studies, several studies were
         modified and additional studies were included in the plan to
         further enhance analysis of the interrelationships among species.
         The Damage Assessment will evaluate the intrinsic value of
         resources as well as their use values, and will consider both
         services to humans and to other parts of the ecosystem.

         Comment:   The effects of natural variation cannot be considered
         adequately without long-term studies.

         Response: As a result of the winter review, it is anticipated many
         studies will be continued.


         Comment: The effects of cleanup need to be evaluated.

         Response:    Where appropriate, the 1990 studies including the
         coastal habitat study, have been modified to evaluate the effects

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            of cleanup.

            Comment:   The damage assessment studies did not include the
            potential effect of the spill on the tourist industry.

            Response:   The economic studies will consider effects on the
            tourist industry.

            Comment: The plan lacks objectivity and focuses on the liability
            of Exxon.

            Response: The intent of the plan is to determine injury to natural
            resources and assess appropriate damages as compensation. The plan
            has been reviewed by scientists outside the government to ensure
            objectivity. The plan is not intended to establish the liability
            of any potentially responsible party.

            Comment:  The plan does not adequately assess damage to natural
            resources in the GOA and CI.

            Response: As a result of the winter review, some studies have been
            modified to better determine injury to resources in the GOA and CI.

            Comment:   All studies should be given adequate review to ensure
            that progress is satisfactory.

            Response: The damage assessment process requires program managers
            to ensure the satisfactory progress of studies. Also, studies will
            be reviewed periodically by scientists from outside the government.

            Comment: There is no study of toxicology in the A/W studies.

            Response:   A study of toxicology has been done as a part of
            response activities, and an additional study of toxicology in
            Air/Water #6 has been added to the damage assessment as a result of
            the winter reviews. See the 1990 study plans.

            Comment: The damage assessment plan is a macro-evaluation of loss
            and should consider specific sites and industries.

            Response: The studies provide an assessment of some specific sites
            and industries as well as a more comprehensive assessment of
            overall injuries.

            Comment: There is no provision in the plan for long term studies
            to address chronic injuries.

            Response: As a result of winter reviews, several studies will be
            continued in 1990. It is contemplated that after further review,
            some studies may be continued in future years which will assist in
            identifying chronic injuries.


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        Comment:     Information on ocean circulation was not used in
        determining areas to be studied.        Specifically, how far will
        studies extend along the Alaska Peninsula, and why were regions
        east of the peninsula eliminated from study?

        Response: The spread of oil has been tracked by ADEC and NOAA and
        studies have been expanded to include the affected area.           The
        assessment is intended to address representative areas that have
        been significantly contaminated by oil, although not every
        contaminated area is being studied.

        Comment: Who in NOAA identified sensitive areas needing protection
        referred to on page 8, line 22 and when?

        Response: In 1988, NOAA's Ocean Assessment Division published a
        set    of  maps   for   Prince   William   sound   that    identified
        environmentally sensitive areas for biological resources by season
        and location. These maps were referred to extensively during early
        spill response activities.

        Comment: There is a lack of modeling to tie measurement studies
        into a unified framework.

        Response:   Modeling has been incorporated, where appropriate, into
        particular studies.

        Comment: The plan does not fully explain the sources of funding
        for the damage assessment studies.

        Response:    Exxon Shipping Company provided $15 million for the
        studies and the remainder of the cost has been provided by the
        trustee agencies.    The Trustees have requested additional funds
        from Exxon. As of the date of this writing, no response to this
        request has been received.

        Comment:   Baseline data does not exist and this may affect the
        results of the studies.

        Response: Where there is a lack of baseline data, non-oiled sites
        are being used as a control to compare with oiled sites. Greater
        detail regarding these methods is provided in the current plan.

        Comment:    How will the public be informed of opportunities to
        comment on the plan, study revisions, and changes in PRPs?

        ResRonse: A response to public comments on the 1989 plan has been
        included in the 1990 plan.     The public may also comment on the
        current plan.

        Comment: There is no summary addressing "the big picture."

        Response:    The objectives of the plan were presented in the

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            introduction to the document as well as in the introduction to
            major groups of studies.

            Comment: Copies should be made available to Alaska libraries.

            Response:   Copies of the plan were sent to libraries in the
            vicinity of the spill.    Alsol the plan provided an address for
            individuals to request copies.

            Comment:     Participation by interested parties during the
            development of the plan would have produced a more accurate plan.

            Response:   The urgent need to begin an assessment of potential
            damages required the planning and implementation of studies in a
            short time frame. Nevertheless, participation has been provided
            through the comment and response process.

            Comment:    "Worst case analysis" methods should be used in
            determining injury.

            Response: A  worst case approach is not required or appropriate for
            damage assessment. An actual case approach is more appropriate.

            Comment:  The lack of coordination in'collection of chemical and
            biological samples may cause problems in linking injury to Exxon
            Valdez oil.

            Response: The Quality Assurance/Quality Control plan establishes
            the protocol for collection and analysis of samples. A chemical
            analysis group was established to direct and monitor sample
            collection, coordination, and priorities. sampling sites for all
            studies have been mapped for reference and coordination by field
            investigators.

            Comment: Damage assessment under the CERCLA guidelines will under@
            value the losses to wilderness ecosystems.

            Response: The economic studies collectively should address this
            concern.


            Comment: The proposals are poorly designed, are scientifically and
            legally inadequate, and will produce flawed results. The studies
            should be reviewed by scientific experts and modified as necessary.
            There should be provisions for continuous review.

            Response: The studies have been reviewed by scientists and others
            to ensure they meet both scientific and legal requirements.

            Comment: A reviewer is not listed as a cooperator in the coastal
            habitat study.

            Response:   The reviewer is a contractor on the study.           Most

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         contractors are not listed as cooperators.

         Comment: Certain studies proposed by reviewers have been omitted
         from the plan.

         Response: All studies have been reviewed and adjustments made in
         the current plan to ensure an adequate determination of injury to
         resources. Not all studies considered in the assessment process
         were conducted.

         Comment:    There is a need to qualify the use of models to
         extrapolate long term injuries from data collected over a short
         time period.

         Response: The data base for modeling was evaluated in the review
         as reflected in the current plan.

         Comment:    Sample size and replication were not given adequate
         consideration in the statistical design of studies.

         Response: Statisticians were consulted in the original design of
         studies and were involved in the review to ensure an adequate
         statistical design.    More information on statistical design is
         included in the 1990 plan.

         Comment: Investigators were limited to the analysis of 10 samples
         in evaluating the first year's results and decisions regarding the
         continuation of studies were based on these limited samples.

         Response:     The combination of time constraints and limited
         laboratory capacity required the setting of priorities and limiting
         the number of samples analyzed for each study in preparation for
         the preliminary first year review. These limits on data analysis
         were considered in the review.       The initial submission of 10
         samples per study has been supplemented by analysis of hundreds of
         other samples.

         Comment:     The plan did not address physical, social and
         psychological effects on humans, especially native Alaskans.

         Response: As provided in CERCLA and the Clean Water Act, the plan
         addresses  injury to natural resources.     It indirectly addresses
         effects on  humans by evaluating damages in terms of loss of use or
         intrinsic values as well as of services to humans.

         Comment:    Various reviewers expressed either support for or
         opposition to the Natural Resource Damage Assessment Regulations in
         43 C.F.R. Part 11.


         Response:     The use of Natural Resource Damage Assessment
         Regulations in 43 C.F.R. Part 11 to assess damages for injury to
         natural resources as a result of a release of hazardous substances


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            or a discharge of oil is optional.     See 43 C.F.R. Section 11.10
            (1989). At the time of the spill and the formulation of the Draft
            Plan, certain portions of the regulations were challenged in
            litigation before the U.S. Court of Appeals for the District of
            Columbia. The Trustees decided to leave open the option of whether
            to follow strictly the regulations. The Draft Plan is consistent
            with the overall assessment procedure and guidance outlined in 43
            C.F.R. Part 11. While the appropriate work identified in the Draft
            Plan was underway, the Court issued its decision in Ohio v. U.S.
            Department of the Interior and Colorado v. U.S. Department of the
            Interior and directed the Department of Interior to repromulgate
            certain parts of the regulations. The 1990 plan was developed in
            accordance with the Court's opinion.

            comment:   There is not enough work being done on Kodiak Island;
            many of the effects there will be secondary and will be felt most
            acutely during the winter months.

            Response:   The Trustees believe that sufficient effort has been
            directed towards assessing injury to the natural resources on
            Kodiak Island.

            Comment:  The Plan does not provide adequately for documentation
            and preservation of field samples and other data to be collected.
            This will preclude meaningful review by other scientists to
            determine the validity of the study results.

            Response: See QA/QC attachment in Appendix A.

            Comment: The Plan should not take into account losses of natural
            resources uses to private parties, including research projects that
            were affected by the spill.     Compensable damages are limited to
            those for "committed public uses" of natural resources. Notable
            exceptions are Economic Uses Studies Nos. 1, 2, 3, 4, 6, 7, 8, and
            9; Fish/Shellfish Studies Nos. 1, 7, 11, 12, 15, 116, 22, 24, and
            25.

            Response:    "Committed use," as defined by 43 C.F.R. Section
            11.14(h), includes a current public use or planned public use. All
            comments concerning individual studies were considered during the
            review process.

            Comment: Citations to scientific literature are virtually absent.

            Response: The 1990 study plans include bibliographies of selected
            scientific literature.

            Comment: The names and credentials of the scientists conducting
            the studies are missing. Accepted authorities in each field should
            be consulted in the design and implementation of the proposed
            studies.



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         Response:    It is unnecessary to list the names of personnel
         conducting the studies for the purpose of reviewing the studies.
         Greater detail in the 1990 plans should assist reviewers in
         evaluating the quality of the studies.

         Comment: The Trustees may be studying effects of injury that do
         not exist on an interim basis or that will be insignificant or
         speculative in the long run and, therefore, add unnecessarily to
         the cost of the Plan.

         Response:    The studies were designed to identify and quantify
         measurable adverse changes, either long-or short-term, to natural
         resources caused by the spill.       Data collected from the first
         year's studies were reviewed and the studies were continued,
         discontinued, or modified, as appropriate.

         Comment:    Simply measuring injuries without having a unifying
         modelling framework will not produce any demonstrable losses within
         an acceptable statistical confidence due to natural variability
         spatially and temporally.     Given this fact, most of the studies
         could be considered an unreasonable cost.          Models should be
         employed to predict possible levels of effects over at least two to
         three generations of the longest-lived members of the ecosystem.

         Response:    Where appropriate, a modelling framework is being
         considered.

         Comment:   The Plan fails to study the presence of oil-degrading
         microbes  or the possibility of oil trapped in sediments being
         reinfused into the system during winter storms.

         Response: These elements are part of A/W #2.

         Comment:    Baseline data were not identified for each of the
         component studies.

         Response: Where available, additional baseline data is supplied in
         the current plan.

         Comment:    All data should be placed in a central repository
         accessible by all interested parties.

         Response:     The Trustees have proposed such a central data
         repository.

         Comment: Analysis of long-term effects should include direct and
         indirect causes of mortality of individuals as well as decreased
         fecundity and survivorship of age classes.

         Response:   Such analysis is being conducted, where appropriate.
         See the current plan.


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           Comment:     A more comprehensive plan for measuring petroleum
           hydrocarbons needs to be developed. It should indicate what oil
           components will be screened and how they will be measured
           analytically. It is essential to perform a comprehensive analysis
           of the change in composition of the oil in the sediments in time by
           monitoring appropriate classes of hydrocarbon components of the
           oil.     Individual components of the oil should be monitored
           throughout the study at selected sites covering a wide range of
           molecular weight size classes.

           Response: A new study, A/W #6, will be initiated in 1990 and will
           address toxicological effects over time.

           Comment: The Plan needs detailed studies of changes in microbial
           diversity, including changes in microbial populations at the spill
           site and examination of the influence of oil on this diversity.

           Response: The A/W #2 has been modified to allow for examination of
           microbial populations at a variety of locations and depths in PWS.

           Comment:    The Plan should incorporate some short- and long-term
           toxicological effects studies.

           Response: The A/W #6 will address toxicological effects over time.

           Comment: A major scoping conference on the restoration planning
           process should be held in Alaska early in 1990, prior to the time
           it is finalized and before the next field season begins.

           Response: See the Restoration Section of the current plan.

           Comment:    Impacts of the spill on the human environment (human
           health in particular) and on the interrelationships of human beings
           with other components of the biophysical environment are missing
           from the studies. In addition, impact on humans in the spill zone
           and who participated in the cleanup operations should be included
           in the damages assessment.

           Response:    The applicable legal authorities provide for recovery
           of damage for injury to natural resources, not human health. To
           the extent that health effects impair use of natural resources,
           this may constitute injury to natural resources and is being
           studied.

           Comment:    The NRDA strategy should take into account natural
           fluctuations in the ecosystem.

           Response:    The strategy is to take into account such natural
           fluctuations in the damage assessment process.

           Comment: The studies should take into account the potential for
           freshwater stream discharges to influence fisheries and other

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        biota.

        Response:   The NRDA strategy is to distinguish spill impacts from
        such environmental influences.

        Comment: The studies will unnecessarily stress animals. Samples
        should be limited to those taken from dead specimens, individuals,
        or taken by Natives.

        Response:     Such limited sampling would not produce an accurate
        account of the effect of the EVOS. Measures will be taken to avoid
        unnecessary disturbance while conducting these studies.

        Comment: Studies should take into account the possibility of re-
        oiling and additional cleanup operations in assessing impacts on
        marine mammals as well as other parts of the ecosystem.

        Response: Potential effects of re-oiling and cleanup operations
        are being considered in the current Plan.

        Comment: The Plan should be expanded to evaluate steps being taken
        to assess the spill response measures with an eye toward improving
        response efforts during future spills.

        Response:    This is outside the scope of the damage assessment
        process.   However, this evaluation is being undertaken by other
        agencies.

        Comment: The overall budget should be increased tenfold to carry
        out the NRDA properly.

        Response: The overall budget reflects what has been determined by
        the Trustees to be necessary to assess damages for injuries to
        affected natural resources at a reasonable cost.

        Comment: There should not be a limit put on the number of samples
        analyzed for each study.

        Response: An adequate sample size will be collected and analyzed
        for each study.

        Comment:     The Plan should include an assessment of the
        effectiveness of cleanup operations and additional injury
        occasioned by these operations, especially to archeological sites.
        The Plan fails to state which shoreline cleanup techniques should
        be continued or abandoned.

        Response: See the current plan for the determination of damage to
        archaeological    resources.      Recommendations    regarding     the
        appropriateness of cleanup techniques are outside the scope of the
        damage assessment process; however, certain studies are designed to
        take into account cleanup impacts.

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           Comment:   Studies fail to consider the impact that reduced sea
           otter populations will have on the movement of carbon through the
           affected ecosystems and the significance of this to wildlife and
           fisheries.

           Response:     The Trustees placed a priority in the injury
           determination process on direct and sublethal effects on sea
           otters. It is unlikely that studies on the impact on movement of
           carbon through the affected ecosystem due to a reduced sea otter
           population would provide meaningful information on injury.         The
           role of otters in moving carbon through the ecosystem relative to
           the massive movement of carbon generated by all the other organisms
           in the spill area, would be difficult to measure.

           Comment:    Omitted from the Plan are the potential chronic
           teratogenic, mutagenic and carcinogenic impacts of the spill on
           wildlife.

           Response: Greater detail is provided in the current Plan in the
           determination of sublethal effects upon natural resources.

           Comment: The Plan is too heavily oriented, in terms of the number
           of studies and the budget, toward fish/shellfish studies.        Very
           little emphasis is placed on studying terrestrial habitats.

           Response: The Trustees have concentrated studies in those areas
           and upon those resources considered most likely to have been
           significantly affected by the EVOS.

           Comment:   Methodologies chosen for many of the studies will not
           produce statistically acceptable results.

           Response: The studies have been reviewed, and where appropriate,
           have been revised.


           Comment:   The Plan does not indicate how cause and effect links
           will be made.

           Response: More detail is provided in the current Plan.

           Comment:    Laboratory studies should be undertaken where field
           experiments are limited or non-existent.

           Response:     Where appropriate laboratory studies have been
           incorporated in the current plan. However, not all environmental
           conditions can be duplicated in laboratories.

           Comment: It is impossible to review the proposed study objectives
           without knowing the results of data collected in 1989.

           Response:   The Trustees believe that sufficient information has
           been provided to allow adequate public review of study objectives.

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         Data is.not required to conduct this review.

         Comment:   The Plan improperly assumes that all resources in the
         Sound were exposed to oil. The Trustees should confirm exposure of
         each of the resources to oil before undertaking studies of them.

         Response:   The resources targeted for study in 1989 were these
         determined by the Trustees to be most susceptible to effects from
         the EVOS.   As indicated earlier, a review of these studies was
         conducted following the first year, which resulted in modification,
         completion or discontinuation of several studies.

         Comment:    The determination of the baseline should take into
         account the fact that ecosystems are not static and that natural
         forces, such as rainfall, currents and temperatures, can have an
         impact on the number of species in a given location, the extent to
         which a particular resource is used, and the mortality of
         individuals of different species.     Given the lack of historical
         information that will be useful in developing a baseline, the
         Trustees should consider selecting "control areas" that will serve
         as bases for baseline measurements.       Overall, the design for
         developing a baseline does not ensure scientific validity of the
         results.

         Response:    Where baseline data is nonexistent or inadequate,
         control areas were selected.

         Comment: The use of predictive approaches, such as extrapolating
         short-term losses into the future, in determining the long-term
         impacts of the spill should be limited.

         Response: The Trustees recognize the appropriate use of predictive
         approaches.

         Comment: The Draft Plan lacks the appropriate focus on restorative
         measures and ignores the role natural recovery processes will have,
         and the cleanup efforts have had, in determining what those
         measures should be.

         Response: Natural recovery processes are being considered in the
         NRDA.


         Comment: The Plan is biased toward the conclusion that the spill
         resulted in harm to all natural resources because no consideration
         was given to the hypothesis that no damage occurred anywhere.

         Response:   The purpose of the NRDA is to assess the injury to
         natural resources that occurred as a result of the EVOS.          The
         detailed study plans investigate the hypothesis that damage may not
         have occurred to the resources being studied.

         Comment:   The cover page distorts containment and area of the

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            spill.

            Response:    The cover page of the 1989 plan was an artist's
            rendition of the subject matter of the NRDA and was not intended to
            .be a scientifically defensible depiction of the area affected by
            the EVOS or of the containment of the spilled oil.

            Comment:   The statement in the Introduction that glaciers send
            icebergs floating out to sea is incorrect since they never reach
            the North Pacific.


            Response: This discussion has been deleted from the Plan.

            Comment: The plan's description of the "Chronology of the Spill"
            and the "Fate and Effects of the Spilled Oil" contained several
            inaccuracies and misleading or prejudicial statements.

            Response:   The "Introduction to the Plan" no longer contains a
            discussion of the chronology of the EVOS events or of the fate and
            effects of the spilled oil.       The latter subject is treated,
            however, in A/W No. 6.

            Comment: The Plan does not identify the study participants.

            Response:    The Trustees do not feel that the names of the
            participants are necessary in order to evaluate the quality of the
            studies.


            Comment: Several comments stated that the PRP's were denied the
            opportunity to participate in developing the scope and design of
            the NRDA Plan and that the assessment should be jointly undertaken.
            Furthermore, limiting PRP's involvement to commenting on the Draft
            Plan is contrary to the natural resource damage assessment
            regulations. other comments stated that PRP's should not be
            involved in the assessment process.

            Response: The PRP's were given equal opportunity to comment with
            all interested parties in the damage assessment process. It is up
            to the Trustees to determine the extent of the involvement of the
            PRP's in the damage assessment process.          This approach is
            consistent with 43 C.F.R. Section 11.32.

            Comment: PRP's should be required to provide funding for experts
            and consultants to conduct an independent assessment and
            restoration plan.

            Response:   No such legal requirement exists under the CWA or
            CERCLA.

            Comment: PRP's participation should be limited to providing
            financial assistance for the assessment.



                                             14









         Response: The level of PRP participation has been consistent with
         the damage assessment regulations and has been determined by the
         Trustees to be appropriate.

         Comment: Exxon I s studies should not be incorporated within the
         assessment. Exxon should not be given any part of the assessment
         to implement.

         Response:   At this timel Exxon's studies are not incorporated
         within the assessment process. However, if the Trustees determine
         such studies would be helpful and an agreement is reached with
         Exxon, the studies could become part of the process.

         Comment: Only government employees were permitted to participate
         in the process. Knowledgeable industry scientists should have been
         included.

         Response:   Knowledgeable scientists from outside the government
         were consulted in connection with review of the studies. Many of
         these scientists are consulted by industry with respect to similar
         matters.

         Comment: All traditional tribal governments should be Trustees and
         should be included in the process.

         Response:   Certain tribal governments may be considered.Trustees
         under CERCLA.    To ensure tribal interests were represented, a
         Bureau of Indian Affairs representative rendered advice during the
         assessment process for 1989 and the current plan.       Efforts are
         currently underway to ensure tribal interests and concerns are
         being addressed in Economic Study #6.

         Comment: Most of the studies were in the process of being conducted
         before public review of the Plan.      Thusf the Draft Plan was an
         after-the-fact description of research already completed and
         limited the public's opportunity to comment. This procedure has
         made it difficult to determine cost-effectiveness and is contrary
         to the NRDA regulations at 43 C.F.R. Part 11.

         Response: To determine effectively the effect of EVOS on natural
         resources, the Trustees determined that it was necessary to begin
         collection of data for studies as soon as possible, i.e., before
         the Draft Plan had been summarized, edited and published for review
         and comment. Such actions are consistent with 43 C.F.R. Section
         11.22.


         Comment: The injury determination and quantification phases are
         being  conducted simultaneously,      in   violation of the       DOI
         regulations.    Failure to do pre-assessment screening caused
         unnecessary and expensive studies to be done of resources that
         probably were not injured by the spill; these studies should be
         discontinued, e.g., Fish/Shellfish Study No. 24, Marine Mammals

                                          15









          studies relating to killer and humpback whales, and Air/Water Study
          No. 4. No further assessment costs (especially those relating to
          damages) should be undertaken until the Trustees have determined
          that "injury" has in fact occurred with respect to a particular
          resource. Nor should efforts toward quantification of non-injuries
          go forward.

          Response: As stated earlier, use of the regulations is optional.
          Howeverl a pre-assessment screen was conducted before proceeding
          with the process. All studies were reviewed and a determination
          was made by the Trustees whether to continue or modify them based
          upon data from the first year's studies.

          Comment: The Plan should take into consideration views of the
          National Park Service since national park lands were affected by
          the spill.

          Response:   Views of the Park Service were, and continue to be,
          considered in the natural resource damage assessment process.

          Comment: The Plan should make a formal effort to take advantage of
          the information that is being collected by outside persons.

          Response:   The Trustees are working on the creation of a public
          data repository to make available to the public scientific data
          collected by all parties.

          Comment: The Plan fails to state what public review and comment
          will be considered in determining whether to continue studies after
          February of 1990.

          Response: See current plan.

          Comment: The plan should provide for the dissemination of data and
          results collected to private plaintiffs, and their outside experts,
          and other interested parties.

          Response: The Trustees are currently considering the establishment
          of a public repository for data collected during this process. The
          public would have access to data in such a repository.

          Comment: The public should have an additional right to comment once
          more specificity is presented.

          Response: See current plan.

          Comment: Prior public review and comment must be permitted during
          the development of study and restoration plans as well as the
          natural resource damage assessment, prior to decisions to terminate
          or change the scope or focus of study plans, and when settlement
          discussions with PRP's are initiated.



                                           16









         Response:     The Trustees currently intend to provide public
         involvement throughout the assessment and restoration process.
         There is no requirement to involve the public if and when
         settlement negotiations are initiated.

         Comment: If a study is aborted, its results should be released to
         the public.

         Response: See earlier comments concerning the repository.

         Comment: The Trustee Council should set up an independent
         scientific review committee exclusive of the state and federal
         experts.

         Response    The Trustees have sought review by selected scientists
         and have carefully considered their comments on the study plans.

         Comment: The Natural Resource Defense Council's experts should be
         incorporated within the peer review process.

         Response: To the extent that NRDC's experts filed comments on the
         draft plan, they are involved in the damage assessment process.

         Comment: The Trustees should allow the public to participate in the
         determination of whether the regulations will be followed in the
         damage assessment process.

         Response: It is the Trustee's responsibility to manage all aspects
         of the assessment process, including the degree of public
         participation and use of the regulations. The public has and will
         continue to express opinions over the use of the regulations
         through the review and comment process, and those opinions will be
         carefully considered.

         Comment:    Because the potential risks of an oil spill were
         identified in an environmental impact statement, the State accepted
         this risk.

         Response:    The determination of liability or responsibility of
         particular parties is beyond the scope of the NRDA process.
         Further, without any identification of the environmental impact
         statement or the provisions referred to, it is impossible to
         respond to this comment.

         Comment:    The Trustees do not feel that they are obligated to
         follow the  law because the Plan states that they have not decided
         whether, or to what extent, they will follow the Type-B damage
         assessment regulations.

         ResRonse: The Type B regulations are optional, and therefore there
         is no legal obligation to follow them. Nevertheless, the Trustees
         have followed a procedure that is generally consistent with the

                                           17









           regulations.

           Comment:   Since the damage assessment process will kill marine
           organisms, an environmental impact statement must be done.

           Response:   An EIS is not required to conduct a natural resource
           damage assessment.      However, the permitting requirements of
           applicable environmental laws have been complied with.

           Comment:   Restricting the damage assessment process to natural
           resources is inappropriate.

           Response:   The legal authority for the damage assessment limits
           claims to those involving injury to natural resources.

           Comment: The development and amendment of the NRDA Plan is subject
           to the Administrative Procedures Act's rulemaking procedures and
           therefore must follow notice and comment procedures. The decisions
           to be made by the Trustees regarding whether to continue certain
           studies should be subject to public input. To provide meaningful
           public input, the Trustees should make available the results of all
           studies done last year, provide greater detail on studies proposed
           for 1990, and do so in a time frame which makes public comment
           meaningful.

           Response: Even assuming, arguendo, that the conduct of the damage
           assessment is an administrative process subject to the APA, the
           development and amendment of a plan for that process does not
           constitute final agency action and is not reviewable under the APA
           or otherwise. Nevertheless, the Trustees have provided notice to
           the public of planned assessment activities and have solicited
           public comment on the assessment plan. The Trustees believe they
           have provided a reasonable period for the public to comment on the
           assessment. The Trustees have carefully considered these public
           comments in making decisions regarding assessment activities,
           including discontinuation or modification of studies. The Trustees
           agree that scientific data should be made available to the public
           by all parties, and have asked the PRP's to contribute to a public
           data center.

           Comment:   The Trustees have failed to provide the public with
           access to data collected, results of analyses and sufficiently
           detailed research plans. This violates the National Environmental
           Policy Act and the Administrative Procedures Act.

           Response:   There are no requirements under either the National
           Environmental Policy Act or the Administrative Procedures Act to
           make this information public. Nevertheless, the Trustees have made
           descriptions of studies available to the public, and are working to
           try to ensure that scientific data is also made public.

           Comment: The damage assessment process may require compliance with

                                            18










         Section 106 of the National Historic Preservation Act. The Section
         106 process requires that native corporations be permitted to
         participate as property owners and available parties in joint
         state/federal actions such as the studies undertaken in the Plan.

         Response:     Where required, damage assessment activities will
         proceed in compliance with Section 106 of the National Historic
         Preservation Act.

         Comment: The principles and procedures of the DOI NRDA regulations
         have not been incorporated in the Damage Assessment Plan. It would
         be prudent to follow the regulations even if this is not required.

         Response: The Trustees are considering use of the NRDA regulations
         on an issue-by-issue basis. The Trustees believe they have been
         acting in a manner generally consistent with the regulations.

         Comment: The Trustees' actions regarding public participation in
         the damage assessment process contravene the provision of the DOI
         regulations regarding timing of public review and inclusion of
         public comment within the Plan.

         Response: The NRDA regulations are optional, and the Trustees are
         under no legal obligation to follow the regulations. Nevertheless,
         the Trustees believe their actions are generally consistent with
         the public participation provisions of the NRDA regulations. In
         fact, the Trustees have provided a greater opportunity for public
         review and comment than is outlined in the regulations.

         Comment: The damage determination studies, e.g. Economic Studies
         Nos. 1, 2 and 4, ignore both the premise that third parties whose
         commercial or property interests are impaired as a result of an oil
         spill may not pursue natural resource damage claims and the
         regulatory provision against double recovery.

         Response: The Trustees are seeking recovery of damages to public
         interests, not private commercial interests. The economics studies
         will be conducted to avoid double recovery.

         Comment: There is no legal support for the notion that-possible
         loss of research activities or damages to archaeological sites are
         appropriate subjects for damage assessment.

         Response: Archaeological and research activities are public uses
         of natural resources that may have been impaired by the oil spill.
         The Trustees are entitled to recover the value of any lost public
         uses of natural resources resulting from the spill.

         Comment: The Plan's focus on direct human use values to determine
         injury is illegal. Under statute and case law, all lost services
         provided by natural resources must be assessed, regardless of
         whether the services lost benefitted humans directly, indirectly or

                                         19









           benefitted the ecosystem as a whole.

           Response: The damage assessment is directed to both loss in human
           uses and loss of services to the ecosystem.


                                                                                    k







































































                                           20






































                                    COASTAL HABITAT











        COASTAL HABITAT STUDY COMMENTS


        Comment: The Coastal Habitat Injury Assessment should take into
        account impacts on Upper Cook Inlet and the west side of Cook
        Inlet.

        Response: The study will assess injury to coastal habitats within
        the spill's primary impact area, which includes portions of Lower
        Cook Inlet.

        Comment: The use of lightly oiled beaches in the study does not
        include the timing of such oiling as a parameter in determining the
        effect on the coastal ecosystem.        In addition, several sites
        should be examined in greater detail.

        Response:    The Trustees have revised this study to focus on
        moderately and heavily oiled beaches.      This decision eliminated
        lightly oiled sites from the study to allow for greater efforts in
        assessing potential biological impacts to coastal resources. The
        Trustees have adopted the recommendation that several sites be
        examined in greater detail.

        Comment: Critical habitat sites for Stellar sea lions and harbor
        seals should be considered.

        Response: During the winter of 1989-90, those responsible for the
        marine mammals studies, among others, were consulted to determine
        that the proposed coastal habitat sites adequately considered the
        habitat of these species. Further, since the coastal habitat study
        is based on a randomized design, adoption of particular sites is
        generally not appropriate, but extrapolation of results to these
        sites can be made.

        Comment:     The coastal habitat study should incorporate an
        evaluation of the fate of oil transported to the intertidal and
        supratidal zones and an assessment of the physical and chemical
        reactions of oil with the coastal sediments.

        Response:    The Trustees have added A/W No. 6 to the Plan to
        determine the fate of oil, including its persistence and toxicity
        in the intertidal and supratidal zones.

        Comment: Fewer sites should be studied in greater detail in order
        to gain a more accurate picture of the extent of oil in the water
        column, sediment and organisms.

        Response: The number of random study sites has been reduced and an
        increased emphasis will be placed on detailed analysis at selected
        sites in Prince William Sound.

        Comment:     The five representative habitat types that are
        incorporated into the study should be identified. Further, it is
        questionable whether data can be extrapolated to the entire spill
        area given the number of sites selected for study, the time period

                                         21








           available for the study, and the rapidity with which significant
           changes in physical, chemical and biological variables may occur in
           the affected environment.

           Response:    The revised study plan identifies the representative
           habitat types incorporated into the study and contains greater
           detail regarding the methodology of each component of the study.
           The study is no longer limited to one year.         As noted in the
           response to the preceding comment, the number of random study sites
           has been reduced.


           Comment: Efforts should be concentrated on sites where historical
           data exists.

           Response:    Sites for which historical data exists have been
           incorporated into the study plan where feasible.

           Comment:    The study should consider the possible re-oiling of
           shorelines.

           Response: Re-oiling of shorelines will be taken into account.

           Comment: An effort should be made to coordinate the results of the
           coastal habitat study with other studies.

           Response:   The coastal habitat study was coordinated with other
           studies. The revised study plan reflects this coordination.

           Comment:    The effect of hydrocarbon on sediments and benthic
           species, such as kelp, should be studied, including any effects on
           fish and shellfish.

           Response:    The coastal habitat study will examine the species
           present at each site. The presence of benthic species, therefore,
           will vary from site to site as well as seasonally. Kelp beds will
           be studied. Tissue samples from fish and shellfish are being taken
           simultaneously with the hydrocarbon sediment samples so as to link
           the persistence and concentration of hydrocarbons in sediments to
           selected benthic, fish, and shellfish species.

           Comment: The study description lacked sufficient detail regarding
           the collection of samples, the selection of the location for
           transects for each sampling site, the methods of extrapolating the
           study results to the entire spill-affected area, the linking of
           ecological effects to oil, and the analysis of data.

           Response:    The revised study plan describes in more detail the
           methods and procedures to be used to implement the study.

           Comment: Contamination of organisms at levels below those of state
           and federal standards may be injurious and thus comparison of water
           column exposure to oil to these standards will produce information
           only about gross contamination. These standards should not be the


                                             22








         bases for determining whether injury has occurred.           All oil
         exposure should be documented.

         Response:   The exposure of organisms and plants to oil will be
         documented through plant and animal tissue analyses. All levels of
         hydrocarbon exposure will be documented.

         Comment: The factors relied upon in developing a site selection
         and sampling strategy were not identified.

         Response:    Phase I of the revised study plan describes site
         selection methods.

         Comment: The fifteen additional sites chosen for the study require
         reference sites.

         Response: These study sites were added to provide a better picture
         of impacts at moderately/heavily oiled sites. Control (non-oiled)
         sites already existed for these new sites.

         Comment: Information regarding resilience, resistance, stability
         and species diversity should be included in the coastal habitat
         study.   Bioassays should be performed for species other than
         arthropods. In addition, acute and chronic toxicity for organisms
         from different trophic levels should be studied.

         Response: The coastal habitat study is founded upon an ecosystem
         approach to determining injury. By examining biotic and abiotic
         links within the coastal habitat zones and by providing information
         to those responsible for other damage assessment studies, it is
         expected that a comprehensive, ecosystem-wide assessment of damages
         can be established.     Bioassays on other invertebrates will be
         conducted in connection with A/W No. 6.

         Comment:   The proposed budget for the coastal habitat study is
         excessive given that the only feasible restoration strategy for
         coastal habitats is natural recovery.

         Response: This study has been reviewed extensively by appropriate
         experts for design and cost-effectiveness and, where appropriate,
         has been revised accordingly.     Further, it has been coordinated
         with other studies to ensure integration of collection methods and
         study results. The budget for damage assessment reflects the costs
         of work designed to determine the injury to coastal habitats
         resulting from the Exxon Valdez oil spill, not efforts to restore
         damaged habitats.

         Comment: The period over which samples will be taken is not given,
         but representative samples should be revisited on an annual basis
         for several years and then periodic revisitation should be carried
         out for at least a decade.


         Response:   Coastal habitat data collection is scheduled to be
         conducted over a three-year period, which commenced in 1989.

                                           23








           Several samplings per year are being collected to assess potential
           injuries and recolonization rates by intertidal and supratidal
           flora and fauna.


           Comment:   Plants and algae should be censused and analyzed for
           hydrocarbon content.

           Response: Vegetation from the supratidal zone and algae from the
           intertidal and shallow subtidal zones will be assessed for acute
           and chronic effects both through hydrocarbon contact and uptake.

           Comment:   An estimate of community function in coastal habitats
           should be made.     Primary and secondary productivity should be
           assessed in the intertidal and nearshore water column and benthos.
           Benthic community     respiration rates might       produce useful
           information regarding impacted and control habitat function.

           Response:   Due to the extent of the spill-affected area and the
           study's primary objective (to estimate 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 supra-, inter-, and shallow
           subtidal plants and animals.

           Comment: It is unlikely, with so many sites     and so short a time
           frame for study, that the data gathered can be   extrapolated to the
           entire spill-affected area. Large and rapid     seasonal changes in
           physical, biological and chemical variables constrain the sampling
           program.

           Response: The current time frame for the study is three years and
           it is anticipated that this period of time will be sufficient to
           gather the necessary data for a complete extrapolation of impacts.

           Comment: Without seasonal, annual, or pre-spill data, it is not
           possible to determine whether changes in critical trophic levels
           and interactions are oil-based.

           Response: Seasonal and annual data has been integrated into the
           study design.   However, pre-spill data is limited, and a parred
           comparison design of oiled and non-oiled study sites has been
           developed to measure critical plant and animal population changes.

           Comment:   A more comprehensive plan is needed for assessing the
           physical/chemical interactions of oil with the coastal sediments.

           Response: See A/W Study #2.

           Comment: The spatial resolution of the four vertical transects per
           site is not specified. Nor is any information given regarding how
           many of each type of measurement is to be made or the methods to be
           used.


                                            24









         Response: The details of transect design and randomized quadrate
         sampling along each transect are specified in the description of
         methods to be used to implement the study, which appear in the
         revised study plan.

         Comment: The coastal habitat study does not describe any of the
         forty-five categories to be studied.

         Response: The 1990 study plan contains this information.

         Comment:    The coastal habitat study needs to address algae,
         phytoplankton, zooplankton, microbiota and other organisms at the
         bottom of the food chain, but does not indicate at which trophic
         levels toxicity will be examined.

         Response:   Only algae and higher level organisms and plants are
         included in the coastal habitat study.        Microbiota and other
         organisms are being examined in the Air/Water studies.

         Comment:   The mere fact that shorelines were oiled should be
         considered an injury in the coastal habitat studies.

         Response: To the extent that oiling of shorelines has diminished
         economic, biological or intrinsic value of these resources, the
         impact is accounted for in the economic studies.






























                                          25



































                                       AIR/WATER














         AIR AND WATER STUDIES COMMENTS



         Comment: Information from these studies should be coordinated with
         coastal habitat studies and economic studies as well as the
         restoration plan.

         Response:   Air/Water studies support the information needs of a
         wide variety of NRDA studies, including those mentioned.

         Comment:   The Air/Water studies should examine continuing air
         emissions resulting from lingering oil, treatment or restoration
         activities.

         Response: A/W study No. 5 was discontinued last summer because air
         quality had returned to normal.

         Comment: Hydrocarbon analysis should go beyond determination of
         whether water quality criteria have been violated.

         Response: Hydrocarbon analysis will not be limited to measuring
         water quality. Ocean bottom and beach sediment samples and samples
         taken from various biological communities will be taken and
         analyzed to determine if hydrocarbon contamination has occurred.

         Comment: Plots and wildlife density studies of benthos should be
         used in the A/W studies.

         Response:   The type of study suggested is being conducted as a
         portion of A/W study No. 2. A portion of this study will involve
         documenting changes in the structure of biological communities in
         ocean bottom sediments.

         Comment:    A sampling program should be used for sediments,
         particularly those at more than 15 meters in depth, that would
         address the number of species present, the number of specimens of
         each species, the proportion that each species bears to total
         faunal density, oxygen content at the sediment-water interface and
         interstitial water, and the depth of the redox discontinuity layer
         using screen meshes of .3 mm or less.

         Response:   A/W study No. 2 does provide for infauna sampling of
         marine sediments in deep water.           species composition and
         hydrocarbon presence will be the main parameters documented.

         Comment:     The Air/Water study program did not take into
         consideration that the only feasible restoration of air/water
         resour'ces beyond immediate shoreline cleanup is natural recovery.

         Response: The Air/Water studies are designed to document resource
         injury in a large and complex ecosystem.

                                          26










            Comment: The lack of focus of A/W study No. 2 on the quantity of
            oil in sediment or intertidal areas and the focus of A/W No. 1 on
            quantities of floating oil would make it difficult to create an
            integrated model over time of the extent of oiling.

            Response: The quantity of oil in supratidal and intertidal areas
            is being documented by the C/H study.     A/W study No. 1 will be
            discontinued in 1990 as little free floating oil is expected this
            year.

            Comment:   The Air/Water studies should be used to create an
            integrated model of the f ate of the oil and these should be
            internally consistent, i.e., focus on the same parameters
            (quantity, volume, concentration, distribution, persistence,
            composition, time).

            Response:  A/W study No. 6 is a new study designed to produce a
            "mass balance" or budget for the fate of the oil from EVOS.

            Comment: It is not possible to discern whether these studies are
            necessary because there is no data in the Plan indicating whether
            spilled oil may have affected the marine environment below the
            upper level of the water column.

            Response:  At the t ime the plan was written, this data was not
            available. Such effects were considered likely based on the data
            provided by previous spills.

            Comment: Air/Water.studies focus on human use, rather than all,
            values. Presence of oil should be documented at all levels of the
            ecosystem rather than just valued resource species.

            Response:   The levels of oil found in the environment and its
            effects will be assessed for a wide range of natural resources and
            their habitats.

            Comment: The Air/Water studies should include projects that would
            evaluate petroleum hydrocarbon persistence in intertidal and
            supratidal sediments.

            Response:   Both A/W study No. 2 and the C/H study, as well as
            others, address this issue.

            Comment: The Plan does not consider effects on phytoplankton or
            zooplankton or marine bacteria in the water column or sediments.
            Nor does it consider marine plants which are important to the food
            chain.

            Response: Phytoplankton and zooplankton were not studied per se.
            However, marine bacteria in sediments, as well as benthic algae and
            higher plants are being addressed in A/W study No. 2 and the C/H

                                            27










        study.

        Comment: Oil spill trajectory models are not accurate for use in
        Air/Water studies.

        Response: The selection of oiled and non-oiled locations for the
        conduct of sampling for these studies was based on direct
        observations of the presence or absence of oil.

        Comment: Air/Water studies should examine the effects of dry flux
        of organic air pollutants on vegetation eaten by foragers and the
        long-term chemical changes in water affected by the spill,
        including effects on global and regional water chemistry.
                   I
        Response:   The Air/Water studies were designed to measure these
        types of impacts and their effects.

        Comment:    Water samples collected at depths of 15 meters and
        greater should be the emphasis of a monitoring program of oil-
        contaminated sediment stations.     oxygen content at the sediment-
        water interface and in the interstitial water of the sediment
        should be measured, and determinations of the depth of the redox
        discontinuity layer in the sediment that separates the upper
        oxygenated from the lower anoxic sulfide sediment should be made.

        Response:     The type of study suggested is being conducted as a
        portion of A/W study No. 2. A portion of this study will involve
        documenting changes in the structure of biological communities in
        ocean sediments. Species composition and hydrocarbon presence will
        be the main parameters measured.

        Comment:    The methods for Air/Water studies are questionable
        because satellite imagery is worthless for tracking oil. There is
        no method mentioned for tracking less concentrated and subsurface
        oil.

        Response: The methods used to measure hydrocarbon presence in the
        water column and marine sediments are very sensitive.              The
        determination of what is an oiled or non-oiled area for            the
        purposes of these studies was made based on direct observations.

        Comment:    To the extent that the Air/Water studies focus on
        federal/state water quality standards as a measure of injury, they
        do not account for effects on other than human species.

        Response: A number of marine species are being examined under NRDA
        studies to determine if they have been injured as a result of the
        EVOS.


        Comment:   The Air/Water studies fail to recognize that the only
        feasible restoration of air and water resources beyond cleanup
        activities is natural recovery. This program of studying air and

                                          28









           water resource damages is excessive and costly. It also fails to
           specify methodologies to be used.

           Response: The marine habitats examined under the Air/Water studies
           are very large and support large biological communities. To ignore
           this portion of the environment in the NRDA studies would leave a
           large gap in oil spill impact documentation. The methodologies to
           be employed in their studies are described in the current plan.

           Comment:   The discussion of fate and effects of spilled oil is
           over-simplified and is therefore inadequate.

           Response: A/W studies have been modified in the current plan to
           provide more information on fate and effects of spilled oil.

           Comment: The Plan needs detailed studies of changes in microbial
           diversity, including changes in mocrobial populations at the spill
           site and examination of the influence of oil on this diversity.

           Response: The A/W #2 has been modified to allow for examination of
           microbial populations at a variety of locations and depths in PWS.

           Air/Water Study No.1

           Comment: A/W study No. I does not identify which oil spill models
           will be used. Field studies should be done to provide information
           regarding detailed circulation pattern(s).

           Response: A/W study No. 1 mapped the distribution of oil on the
           water as  determined by visual observations and does not involve
           modeling. A mass/balance model will be prepared as part of the new
           A/W study No. 6. See 1990 study plan for details.

           Comment:   A/W study Nos. 1 and 2 should consider the effects of
           oiled infauna of intertidal and subtidal habitats on the grey
           whale.

           Response: Grey whales found dead within oiled areas have been, and
           will continue to be, closely examined for evidence of oil
           contamination if their condition is suitable.

           Air/Water Study No. 2

           Comment:    The cost of A/W study No. 2 is too high given the
           information it will provide.     There is insufficient information
           provided regarding the method to be used while visually checking
           for oil in bottom sediments; this method is subject to bias. Nor
           is there any information given regarding the coordination of near-
           shore and intertidal sampling sites. Use of a manned submersible
           is an ineffective and costly means of checking for oil in bottom
           sediments. Neither geographic nor temporal trends between sediment
           samples can be determined from the Plan.         The plan does not

                                             29









         indicate how TOC or grain size analyses will be conducted or how
         the samples on which they are to be conducted will be chosen.

         Response: The benthic habitat areas involved with the spill are
         very large and support important biological communities.          The
         current location of a significant portion of the oil still present
         in marine ecosystems may be found on or in bottom sediments where
         many organisms live and feed. To ignore this portion of the
         environment in NRDA studies would leave a large gap in oil impact
         documentation. The sampling of intertidal and subtidal sediments
         are coordinated between A/W study No. 2 and the C/H study.
         Standard sampling techniques will be employed. Although a manned
         submersible was used to conduct some limited surveillance and
         sampling in 1989, it is not part of the 1990 study plan. Visual
         observations of oil in bottom sediments cannot be relied on to
         document their presence.     Chemical methods will be employed to
         determine if hydrocarbon contamination is present. The large scale
         sampling planned requires the use of standard sampling techniques.

         Comment:   A/W study No. 2 should collect water/sediments from
         depths greater than 2 cm to determine how oil has become
         incorporated in sediments.

         Response:    Depths greater than 2 centimeters are being sampled
         under A/W study No. 2.

         Comment: A/W study No. 2 should be coordinated with the remaining
         Air/Water studies as well as the marine/mammal studies to ensure
         that secondary impacts on  marine mammals will be assessed.

         Response:   The Air/Water studies are being closely coordinated
         among themselves and with  other NRDA studies that depend on them.

         Comment: A/W study No. 2   should be coordinated with marine/mammal
         studies to insure that food chain effects on marine mammals can be
         measured.

         Response:   The purpose of this study is to estimate hydrocarbon
         concentrations in nearshore water at sites where marine mammal prey
         may be located.     The study has been reviewed by the persons
         conducting the Marine/Mammal studies.

         Comment:    A/W study No. 2 should include sites within CI,
         especially the west side.

         Response: In 1989, NOAA sampled five sites in CI, particularly on
         the west side of the Inlet.       Based on the results from these
         samples, the Trustees have determined that further sampling in that
         area is not warranted.

         Comment: A/W study No. 2 does not indicate the number of samples
         to be analyzed.    If the results will be used to support the C/H

                                          30









           study, the same sampling and chemical methods should be used.

           Response: Although studies that are sampling very different types
           of environmental parameters may have to use different analytical
           procedures, the basic methodologies for collecting samples and
           analyzing samples to detect hydrocarbon presence have been
           standardized. These procedures are documented in technical plans
           that guide the activities of all damage assessment projects. The
           T/S No. 1 project provides for control and standardization of all
           hydrocarbon sampling and analyses conducted under damage assessment
           programs.

           Comment: Measurement of hydrocarbon compounds in pore waters in
           A/W study No. 2 would permit a better estimate to be made of what
           is available to biota and what may easily be remobilized from
           sediment. Laboratory exercises on sediment samples would generate
           data on the actual flux of hydrocarbons out of the sediment and its
           bio-availability to marine organisms.

           Response:     While the scientific literature indicates that
           bioavailable fractions of complex contaminant mixtures may be
           mobilized through solution into pore water, the scope of the
           program to obtain large amounts of interstitial water needed for
           accurate determination of petroleum hydrocarbons makes such an
           approach impractical in these studies. However, a limited number
           of interstitial water samples will be taken and analyzed in 1990.

           Comments: A/W study No. 2 will only be able to guess at oil spill
           movement since data from A/W study No. 1 will not have been
           analyzed.

           Response: The selection of oiled and non-oiled sites for sampling
           under this study was based on the direct observation of the
           presence or absence of oil.

           Comment: The study does not provide a method for distinguishing
           differences in sediment oiling that are due to geographic variation
           from those due to temporal variation, thus preventing determination
           of geographic or temporal trends.

           Response:    The primary objectives of this study require that
           resampling occur to detect changes in hydrocarbon contamination
           levels and in benthic community structure.       This resampling to
           determine changes over time and the use of non-oiled control sites
           will allow an evaluation of the fate of oil as it relates to
           benthic habitats in marine sediments.

           Comment:.  The study should be expanded to examine grey whale
           feeding areas, with biopsies of grey whales migrating through or
           residing in those areas.

           Response: The Trustees are not aware of any generally recognized

                                            31









          grey whale feeding areas near locations of high oil contamination.
          Grey whales found dead within oil affected areas have been, and
          will continue to be, closely examined for evidence of oil
          contamination.

          Comment: A variety of depths of sediments should be collected to
          determine how oil has been incorporated into sediments.

          Response:    A variety of depths was sampled in 1989 and will be
          sampled during the 1990 field season to ensure that the fate of the
          oil as it relates to marine sediments is documented.

          Air/Water Study No. 3

          Comment: The length of time for the caged mussel study, the depth
          of deployment, whether the same compounds would be analyzed as in
          water column studies, the number of replicates per cage and the
          number of stations used for the caged mussel study is questionable.

          Response:    The field experience gained in 1989, combined with
          biometric support for the study design, were used to develop the
          1990 study plan for this project.

          Comment:,  Sampling depths should have been selected on the basis of
          physical (i.e., pynocline depths) or biological (i.e., euphotic)
          factors.


          Response: Standard depths for the bioaccumulator and sediment trap
          sampling in this program were selected as the best means to
          maintain comparability. The use of physical, biological or other
          factors to determine sampling depths would result in a highly
          varied sampling pattern among different locations.

          Comment:. Why were only areas west of PWS being considered?

          Response:    Areas to the east of PWS had no documentation of oil
          presence during the extensive oil location surveys conducted in
          1989. Current patterns in the area make it unlikely that oil would
          drift to the east of the Sound. In order to cover adequately areas
          of known impact, areas to the east of the PWS were not included in
          the study plan.

          Comment:. Oil particulates could foul baleen plates of whales, and
          this study should be coordinated with marine/mammal studies to
          insure that information necessary for those studies is collected.

          Response:    Baleen whales are not being sacrificed under marine
          mammal studies. Any dead whales found are closely examined for oil
          contamination.

          Comment: A/W study No. 3 does not specify the methods to be used
          to sample water at various depths. Precautions should be taken to

                                              32









          avoid contamination of the samples from surface slicks, sheens and
          vapor-phase hydrocarbons.

          Response:    The standard sampling procedures contained in the
          Quality Assurance Program ensure that samples will be protected
          from contamination.

          Comment: In A/W study No. 3, the use of mussel cages is of little
          value more than a few weeks after a spill because hydrocarbons
          concentrations are low.     The statistical design of the testing
          methods is necessary. Use of the source of experimental mussels in
          Southeast Alaska as control sites is improper. The variability of
          oil in the mussels before exposure to Sound waters needs to be
          known.


          Response:   The use of mussels as bioaccumulators is designed to
          allow the detection of highly diluted levels of oil contamination
          in the water column. Samples of mussels from Southeast Alaska were
          used as control as any samples from areas potentially affected by
          the spill may have been exposed to oil contamination. Information
          on the concentration of hydrocarbons in PWS mussels prior to the
          EVOS is available.

          Comment: There is no indication in this study how bioaccumulation
          data will be interpreted.

          Response: The levels of hydrocarbons that can cause immediate or
          delayed effects in certain organisms are known from studies that
          were conducted prior to the spill.      If the study finds similar
          levels traceable to the EVOS, in waters these organisms are exposed
          to, this will indicate that the organisms are being injured.

          Comment: A/W study No. 3 utilizes an inappropriate water quality
          standard (10 ug/liter). I

          Response:    Water quality data will be evaluated to determine
          whether all applicable water quality standards are met. This is
          consistent with the NRDA regulations for determining injury to
          water resources. The Trustees do not believe it is appropriate to
          conduct an ad hoc review of the criteria in the context of the
          damage assessment.

          Comment: Very large samples are needed to make the results of A/W
          study No. 3 accurate. Dissolved and particulate fractions need to
          be   analyzed   separately , because   of   their   high    partition
          coefficients. This study ignores the sea surface microlayer of the
          water column, which is a location for locally high concentrations
          of hydrocarbons.

          Response:   The use of bioaccumulators in the form of mussels will
          be employed to document oil presence rather than to attempt to
          increase greatly the water sample size. Particulate concentrations

                                           33









        will be sampled in nearshore waters and dissolved fractions will be
        sampled over a range of depths, locations and times.

        Comment: There is no information in A/W study No. 3 regarding how
        long the mussel cages will be deployed and at what depths and how
        many replicate clams per cage. The sea surface should be studied.
        Placing cages at so many stations may be unnecessary.

        Response: Although the seasurface layer will not be specifically
        sampled under this study, shallow location of mussel cages will
        occur.


        Comment: The sampling depths for A/W study No. 3 should have been
        based on physical or biological factors.

        Response: Standard depths for the bioaccumulator and sediment trap
        sampling in this program were selected as the best means to
        maintain comparability. The use of physical, biological or other
        factors to determine sampling depths would result in a highly
        varied sampling pattern among different locations.

        Comment: A/W study No. 3 should take into account the facts that
        dissolved and particulate hydrocarbon compounds in the water column
        may affect the distribution, abundance, and productivity of
        vertebrate and invertebrate species on which seals and whales
        thrive and that particulates may interfere with the filtering
        plates of the baleen whales or be ingested.

        Response:   Any dead whales found in the spill area are being
        closely examined for effects of oil. Marine Mammal studies will
        document any occurrence of displacement of whales in PWS.

        Air/Water Study No. 4

        Comment: A/W study No. 4 will study benthic infauna in depths of
        20 meters or more even though it is very unlikely that oil will
        have precipitated in significant amounts to that level. This is an
        unnecessary cost.

        Response: The benthic habitats of the areas affected by the spill
        are large and support many important organisms.     To ignore this
        portion of the environment in damage assessment studies would leave
        a large gap in oil impact documentation.

        Comment: A/W study No. 4 should investigate infaunal organisms and
        sediments. This study fails to indicate the number of grabs per
        station or frequency of sampling. Organisms should be evaluated
        for hydrocarbon content.

        Response:   This study is incorporated into A/W study No. 2 in the
        1990 plan and the combined studies will include sampling for
        infaunal organisms and for sediments.    A detailed description of

                                         34









            techniques is included in the 1990 study plan.        The organisms
            sampled will be analyzed for hydrocarbon content.

            Comment:   The minimal and isolated effects on deepwater benthic
            resources does not justify the cost of the A/W study No. 4. There
            is no description of the sampling, experimental and analytical
            methods to be used in this study. Nor is the type and magnitude of
            change in the resources that will be used to define injury
            identified.    There is no mention of how the stations will be
            compared. There is no specification of how petroleum concentration
            and composition, water depth, sediment grain size, sediment total
            organic carbon or other factors Will be accounted for in
            determining whether changes in community structure are linked to
            oil.

            Response:     Experience with other spills indicates that a
            possibility of injury to benthic resources exists.          As these
            resources are extensive within the spill area, it would not be in
            the public interest to ignore the potential for injury. See 1990
            plan.


































                                             35



































                                    FISH/SHELLFISH











        FISH/SHELLFISH GENERAL COMMENTS

        Comment:  The 26 Fish/Shellfish studies are generally inadequate
        for predicting long-term effects on populations; they are better
        suited for estimating the short-term and acute effects of the
        spill.

        Response: The Fish/Shellfish studies are'designed to evaluate both
        short- and long-term effects of the oil spill. Short-term effects
        such as mortality to a specific life history phase (e.g. egg,
        larvae, fry, adults) are being documented and quantified.       Long-
        term effects are being evaluated using parameters such as decreased
        growth, decreased reproductive potential, decreased abundance, and
        increased incidence of developmental defects and disease.

        Comment: Studies should continue for more than one year.

        Response:   Sixteen of the 26 Fish/Shellfish studies that were
        initiated in 1989 to assess impacts of the EVOS have been continued
        in 1990 and will be evaluated in the winter of 1990-91 for possible
        continuation in 1991.


        Comment: Portions of studies 1-4 should be continued to document
        recapture of tagged fish.

        Response: Studies 1-4 were being continued for 1990. The recovery
        of coded-wire tagged fish was a primary consideration for
        continuing studies 1, 3, and 4.

        Comment: The number of sites studied in studies 1-4 and 7-9 seems
        excessive.

        Response: All studies were reviewed during the fall and winter.
        As a result, some studies were modified to ensure a statistically
        valid design. Therefore, the number of study sites in studies 1-4,
        and 7 and 8 are justified and will continue. Study No. 9 was not
        continued.


        Comment:   Streams in either the eastern or Kamishak districts
        should be studied in studies 7, 8, 9 and 10.

        Response:  The selection of sites for studies 71 8, 9 and 10 was
        made to provide an experimental design of paired comparisons to
        detect the impacts of oil on study species.           Assessment of
        populations to detect changes in the productivity of fisheries
        associated with the result of the paired comparisons was based on
        different "study areas," either "oiled" or "non-oiled," or on
        different "study times" when there was historical data available on
        "oiled" populations of fish.



                                         36









            Comment: The Fish/Shellfish studies should evaluate ecosystem and
            food chain impacts. Fish food webs should be studied before and
            after the spill in conjunction with toxicity and habitat studies.

            Response: While the individual studies primarily focus on impacts
            to individual species, it is anticipated that analysis and
            synthesis of the results of all NRDA studies (e.g. coastal habitat
            studies, air/water studies, fishery studies, bird studies, marine
            mammal studies, and terrestrial mammal studies) will provide an
            assessment of ecosystem and food chain impacts.

            Comment: Additional testing is needed both within and outside of
            PWS, including a consideration of additional sites and varying
            concentrations of oil.

            Response: All studies were reviewed during the fall and winter to
            ensure that they would produce statistically valid results. This
            review included an evaluation of the number of sites and extent of
            oiling.    Based on this review, studies were modified where
            necessary to ensure statistically valid design.

            Comment:   Samples should be collected at least in triplicate to
            allow for estimation of variance at sites.

            Response: Some projects are collecting samples in triplicate and
            other projects have been reviewed with this comment in mind.

            Comment:     Analysis of variance (ANOVA) is overused and is
            inappropriate for an analysis of sigmoidal relationships of
            toxicity curves or skewed bell shape of habitat preference curves.
            Consideration should be given to the use of non-parametric and
            multi-variate statistics.       Data pertinent to food chain -and
            ecosystem impacts should be analyzed using loop analysis.

            Response: A biometrician has been assigned to each Fish/Shellfish
            study.   An important component of his or her duties will be to
            investigate the appropriateness of any statistical test mentioned
            in the study plans.     Underlying assumptions will be tested and
            alternative analyses will be considered.

            Comment:      The methods used for hydrocarbon testing may
            underestimate contamination; numerous (i.e., more than 15) samples
            of each age/size class to allow better regressions' and avoid
            composite sampling is suggested.

            Response:      Sample sizes for hydrocarbon testing were not
            established solely to minimize a variance associated with an
            estimate of hydrocarbon presence. Collection goals of all projects
            were reviewed to meet multiple objectives, including timely sample
            processing and result reporting.



                                              37










          Comment: Studies should go beyond Unimak Island and in the west
          and east of PWS.

          Response:   The Fish/Shellf ish studies do not go beyond Unimak
          Island in the west and east of PWS because all information received
          to date suggests that beyond these areas there has been little or
          no impacts from the EVOS.

          Comment:   No study evaluates impacts to primary and secondary
          productivity in impacted waterst particularly impacts to marine
          plants.

          Response:   Impacts to primary and secondary production (marine
          plants) are being studied by investigators in the Coastal Habitat
          study.

          Comment:   Many of the Fish/Shellfish studies go beyond what is
          necessary to identify and quantify damage and are, in essence,
          research programs to expand knowledge on the ecology and fisheries
          of PWS and adjacent waters.

          Response: The Fish/Shellfish studies are specifically designed to
          identify and quantify adverse effects of the EVOS and identify
          appropriate measures for restoration.      Each study undergoes an
          intensive annual review and approval process by professionals in
          multiple state and federal agencies. Scientific and technical peer
          reviews are conducted which provide ongoing input on objectives,
          methods, and analyses to the principal investigators for each
          study. The plans for these studies are also distributed for review
          and comments by the general public and the comments responded to.
          This process ensures that the studies are necessary and appropriate
          damage assessment studies.

          Comment: The types of injuries to fish and shellfish being studied
          are inadequate because the studies almost totally ignore sublethal
          impacts on fish such as long-term changes in survival and
          reproduction, contaminant body burdens.

          Response:   Sublethal impacts to fish and shellfish from oil are
          being studied, receiving more attention during the second year of
          study. Parameters for sublethal impacts that are being evaluated
          include: (1) the presence of hydrocarbon metabolizing enzymes; (2)
          the interaction of metabolites with subcellular structures;       (3)
          genetic abnormalities; (4) gross morphological abnormalities;     (5)
          histopathological effects; and (6) physiological effects of
          exposure to oil from the Exxon Valdez.

          Comment:    The public review document indicates a lack            of
          coordination between Fish/Shellfish injury assessment studies,
          economic value studies and restoration planning.



                                           38










           Response:    Over the winter of 1989-90, the Trustees prioritized
           coordination among the various natural resource damage assessment
           investigators, economic investigators, and restoration planners to
           discuss preliminary results and plan for the continuation of
           studies. Study plans and results from the Fish/Shellfish studies
           have been made available for economic value studies, restoration
           planning groups, and the other study groups.

           Comment:    The fish studies given inadequate attention to prey
           species of  principally studied fish.

           Response:   Species were selected for study based on their value as
           indicators of injury, their role as key species within the
           ecosystem, or their direct importance to man as components of
           subsistence, commercial, or sport harvest.       Juvenile salmon and
           herring are considered two of the most important prey species for
           piscivorous fishes in the spill-affected area and are being studied
           intensively.

           Comment:   Fish studies 3, 4 and 9 would benefit from laboratory
           studies that could control marine variables, such as natural
           predation and mortality at sea.

           Response: The addition of controlled laboratory experiments that
           could be conducted in conjunction with FIS studies 3, 4 and 9 has
           been considered. The Trustees believe that because of convincing
           evidence found during 1989 regarding reduced growth of fry exposed
           to contaminated water, it was important to continue to quantify
           impacts on the growth of unconfined fry residing in Prince William
           Sound.    Studies at the Auke Bay lab have shown that growth is
           significantly reduced in fry exposed to water-soluble hydrocarbon;
           however, these results need to be confirmed for fry living in
           natural conditions.

           Comment:    Studies 1, 2, 7 and 8 would benefit from laboratory
           studies to support the impact on eggs and fry.

           Response: The Trustees believe it is most important at this time
           to investigate possible impacts to eggs and fry in their natural
           environment.

           Comment: The thrust of most of the Fish/Shellfish studies is to
           determine the impact to commercial fisherman which is not
           compensable under NRDA. Any remaining damages would be quite small
           and the study costs therefore may not be recoverable. The study
           ignores those species that appear to have only intrinsic values,
           such as fish that are important prey species.

           Response:    These studies are designed to identify and quantify
           injury to public resources from the EVOS and identify appropriate
           measures for restoration. Some of these fish and shellfish have
           commercial value.     others have value for their contribution to


                                             39









          sport, subsistence, and/or personal use fisheries.         In addition,
          these fish and shellfish populations form integral parts of a vast
          and   complex   ecosystem    which also     includes    various    other
          invertebrate species (e.g. birds and mammals).        For example, the
          various life history stages of Pacific herring are an important
          f orage species f or various piscivorous f ishes (e. g. Pacif ic salmon,
          halibut, pollock, sablefish, cod, squid, and flatfish), birds
          (cormorants, gulls, mergansers, heron, eagles, loons, and
          kingfishers), mammals (sea lions, seals, porpoises, whales, bears,
          and humans) , and invertebrates (crabs) .         All of the species
          selected for study have a value to the ecology of the area, which
          goes beyond their value to a particular sport or commercial
          fishery. The budgets of these studies are scrutinized very closely
          and any costs that are deemed excessive are either reduced to
          reasonable levels or are eliminated.

          Comment: The study descriptions do not provide details of methods
          being used.     Therefore, it is impossible to determine whether
          standard and accepted methods are used, possible biases are
          accounted for, and representative sites are sampled, and results
          will be statistically valid. The descriptions do not provide the
          statistical basis for comparing abundance levels and provide no
          methods to differentiate natural phenomena from spill effects.

          Response: The 1990 study plans for Fish/Shellfish studies provide
          more detailed descriptions of methods, sample sizes, sampling
          sites, and statistical techniques that are being employed in each
          study.

          Comment: Salmon are unlikely to have been adversely affected by
          hydrocarbons at concentrations that were documented in the water
          column and it is extremely unlikely that any long-term impacts on
          salmon stocks attributable to the spill can be documented.

          Response:    Such statements are premature and judgment will be
          reserved until the results of the studies are known.

          Comment: The Plan should contain a study similar to Fish/Shellfish
          Study No. 19 for the fish larvae that were oiled as a result of the
          oil's movement through Shelikof Strait and other areas of the Gulf
          of Alaska.


          Response: It is anticipated that results from F/S #19 can be used
          to evaluate injury in other areas.

          Comment: The number of angler days identified in the introductory
          section of the F/S studies (p. 48) does not comport with that
          identified in FIS study No. 6.

          Response: F/S study No. 7 has been discontinued. Hence there is
          no longer a description of this study in the Plan. The number of


                                             40









          angler days identified in the introduction for these studies has
          been reconfirmed.


          FISH/SHELLFISH STUDY NO. I

          Comment: Historical data must be corrected to take into account
          factors such as timing, climate, harvest, recruitment, and water
          levels.

          Response: The detailed analysis of historical data to assess the
          extent of damage due to the oil spill will be done in FIS study No.
          28. Variations in migratory timing, harvest, and recruitment will
          be accounted for in that run reconstruction process.

          Comment: Assessment of the damage due to loss of habitat should be
          estimated annually at least until the progeny of 1989's spawners
          return, i.e., approximately 1994.

          Response: The studies will be reviewed during the winter of 1990-
          91 for possible continuation. F/S studies Nos. 1, 2, and 3 were
          designed so that they could be continued through the return years
          for adults originating from the 1989 brood year.

          Comment: There should be microhabitat studies to determine whether
          mating females avoid lightly oiled areas or are less effective in
          mating redds in oiled areas.

          Response: A detailed microhabitat study to determine the effects
          of oil contamination on redd site selection in salmon is beyond the
          scope of FIS study No. 1.     However, this study will provide an
          estimate of numbers of fish spawning in oiled streams for
          comparison with historic data.

          Comment: Suitable control sites may not exist in PWS; since salmon
          are highly mobile and have keen olfactory senses, there may be
          avoidance for the general area.

          Response: It is possible that migratory patterns for all stocks in
          the Sound may have been affected but presumably effects at this
          level would be Sound-wide and would apply equally to all stocks.
          In that case, differential survival between stock from oiled versus
          non-oiled streams should still be detectible.        The impact of
          possible Sound-wide avoidance should be detectable from an
          evaluation of pre-spill data.

          Comment: Sublethal effects of oil, such as confusion of olfactory
          senses and reproductive impacts on adult spawners should be
          studied.

          Response:    These studies are not within the scope of this
          particular project.    The results of other studies investigating


                                           41









        such sublethal effects will be considered in evaluating the data
        from this study.

        Comment:   The linkage between the oil spill and sockeye salmon
        spawning habitats is unclear since they are not known to spawn
        intertidally.

        Response: While this study does include evaluation of impacts to
        sockeye salmon in the objectives, because pink and chum salmon are
        numerically far superior in the PWS, they are accorded much more
        attention in the study. As much as 75% of the pink and chum salmon
        spawning in PWS is intertidal. Therefore there is good reason to
        investigate effects on eggs and fry in the intertidal areas
        contaminated by oil. Sockeye salmon do not spawn intertidally but
        the smolt spend much time in nearshore estuarine areas adjacent to
        spawning streams and might be affected adversely by contamination.
        Closures of fisheries targeted on sockeye salmon may also result in
        larger than desired escapements.     Subsequent fry production may
        exceed the carrying capacity of the fresh-water rearing area,
        leading to poor smolt production and fewer returning adults in
        subsequent years.

        Comment: Given the number of variables potentially affecting this
        population, such as fishing pressure changes, all assumptions made
        must be clearly specified in the course of assessing results.

        Response: The reviewer is correct. Fish populations experience a
        great deal of natural variability that must be documented and
        accounted for in the experimental design and data analysis. The
        study has been carefully designed to incorporate streams which have
        an extensive historical data base to document natural variability.

        Comment:    This study fails to improve and catalog baseline
        information on productivity of PWS salmon streams, which will
        result in an underestimation of the value of the resource.

        Response: This study was designed to incorporate only streams for
        which there is an extensive historic data base.      The study will
        greatly improve the ground survey data base for 138 streams and
        results from the ground surveys will also help in the re-evaluation
        of 30 years of historic escapement data from 211 streams included
        in the ongoing ADF&G aerial survey program.

        Comment:  There is no identification of "aerially surveyed index
        streams." If they are to be used determining salmon abundance, the
        length of time over which they have been surveyed should be
        studied.

        Response: ADF&G conducts a systematic weekly survey of 211 salmon
        spawning streams in PWS using a fixed-wing aircraft flying at slow
        speed and low altitude (aerial survey) to estimate the number of
        fish present in each stream.     Estimates of weekly abundance for

                                         42









            aerial counts can be used to estimate the actual spawning
            population (escapement).      These estimates accurately reflect
            relative differences in abundance between streams and between years
            within a stream. We refer to this relative measure of abundance as
            an "index" of abundance and we refer to the streams included in the
            program as "index streams." our weekly aerial survey program has
            been consistently conducted on the same 211 index streams for more
            than 30 years.

            FISH/SHELLFISH STUDY NO. 2

            Comment:   Controlled laboratory studies should be considered for
            examination of the over-winter mortality of eggs and pre-emergent
            fry.

            Response:   In fact, many such studies have been done.       The FRED
            Division of ADF&G has done many studies on the over-winter
            mortality studies on pink and chum salmon eggs incubated in a
            variety of conditions. The NMFS has also done an exhaustive series
            of experiments which document increased mortality in pink and chum
            salmon eggs when incubated in the presence of various hydrocarbon
            compounds at various dosages. Results from these studies will be
            considered in analyzing the data generated from FIS study No. 2.

            Comment: If impacts are detected as a result of the analysis of
            hydrocarbon content in alevins, there should be an assessment of
            what these results will mean to future generations.

            Response: The results of this study will be integrated with the
            results from FIS studies Nos. 1 and 2 to assess total loss of
            future production in PWS. This analysis will be completed as part
            of the new FIS study No. 28.

            Comment: The relevance of this study for determining the impact of
            the oil spill is questionable because it is physically impossible
            for oil spilled in PWS to travel up current in a fresh water
            stream. Abundance and over-winter mortality for these species in
            inter-tidal areas cannot be extrapolated from the   fresh water areas
            proposed for study in this project.

            Response: The confusion here may lie in the fact   that ADF&G refers
            to the egg and alevin (pre-emergent fry) states     of pink and chum
            salmon life history as the "freshwater" portion. In fact, bptween
            50% and 75% of the pink and chum salmon spawning    in PWS oc,-urs in
            the intertidal area. Sampling at each stream in this study occurs
            at three intertidal levels (1.8 m - 2.4 m, 2.4 m - 3.0 m and, 3.0
            m - 3.7 m above mean low water) . There is also one sample transect
            above tidal influence on each stream. The latter site is sampled
            for consistency with the historical data base and for comparison
            with stream variability not associated with oil contamination.



                                             43










        Comment:   This study emphasizes coverage of a maximum number of
        streams rather than more complete documentation at fewer streams.

        Response:   The study actually emphasizes coverage of a maximum
        number of streams as well as complete coverage within streams.
        Maximizing the number of streams is important because of the
        variability between streams. There has been an attempt to reduce
        the effects of this variability in this study by incorporating a
        large number of streams.     It is true that larger sample sizes
        within each stream would increase the precision of our estimates.
        Unfortunately, larger sample sizes could also make a significant
        impact on fry production in the streams. They would also require
        additional sampling time within each stream and lead to a reduction
        in the number of streams that could be sampled. The current sample
        sizes are a compromise that provides the necessary level of
        precision.

        Comment: The location and duration of sampling are not described,
        and are potential sources of sampling error.

        Response:      Egg deposition sampling on 30 streams takes
        approximately two weeks at the end of September. Pre-emergent fry
        sampling on the same streams also requires about two weeks and
        takes place in late March.         Each sample transect requires
        approximately one hour to complete and each stream requires
        approximately four hours to complete. Depending on the tides and
        hours of daylight, two or two and one-half streams can be sampled
        per day. The sampling error associated with sampling spread over
        this interval is not significant.

        Comment: This study is completely research-orientated rather than
        a damage assessment-orientated.

        Response: The study is designed to document reductions in survival
        of salmon eggs and pre-emergent fry as a result of oil
        contamination in the intertidal spawning areas of PWS and as such
        is an appropriate damage assessment study.

        Comment: Two replicates of pre-emergent fry sampling is inadequate
        and sampling twice in April does not constitute replicate sampling
        with respect to pre-emergent fry.

        Response: The term replicate may have caused confusion. Duplicate
        sampling was conducted in 1989 to look for gross differences in
        mortality prior to and immediately after the spill at contaminated
        streams.

        Comment: More sites per stream should be sampled, and the sample
        design shows a significant potential for bias.

        Response: The statistical design has been reviewed and adjustments
        made where necessary.     The comment directed at sample size was

                                         44









             addressed earlier.     An analysis of the historical data and the
             current data did not discover any bias associated with the sample
             design.

             FISH/SHELLFISH STUDY NO. 3

             Comment: Sampling three oiled streams and two non-oiled streams is
             inadequate for the pink salmon portion of the study since
             interstream variability will be high.

             Response: This study underwent extensive review in the winter of
             1989-90.   The experimental design is considered appropriate for
             this study.

             Comment: The pink salmon portion of the study should be repeated
             for two years (1990 and 1991) so that both even-year and odd-year
             runs are sampled.

             Response: The project is intended to last for at least four years
             so two years in both cycles will be covered. This is contingent on
             funding.

             Comment: The study of streams for pink salmon and watersheds for
             sockeye salmon is questionable.

             Response: A large component of the pink salmon population in PWS
             spawns in the intertidal area of small streams.         The intertidal
             areas of many streams w   ere oiled. The pink salmon streams being
             studied are systems where most spawning occurs in the intertidal
             area.   In addition, the near shore areas of PWS serve as the
             primary  nursery areas for pink salmon fry.       Destruction of this
             habitat could negatively impact pink salmon populations. This also
             holds true for sockeye systems. Although the lake systems which
             produce sockeye were not directly impacted by oil, the nursery
             areas may have been.

             Comment: Examination of sockeyes during one year will not provide
             a good estimate for the other three age groups.

             Response:    Elements of  this study were designed to continue at
             least until 1995.     At  least one cycle of year classes will be
             completed by then.

             Comment: Smolt studies    should be repeated for each age class.

             Response:    Elements of  this study were designed to continue at
             least until 1995.     At  least one cycle of year classes will be
             completed by then.

             Comment: Straying should be studied in only in other than outlying
             areas.




                                               45









         Response: The cost of examining straying in areas other than those
         adjacent to the study areas is prohibitive.

         Comment: The study does not consider the effects of environmental
         factors such as circulation, water mass anomalies, winter stream
         temperatures and zooplankton densities as they influence the
         fisheries.

         Response:    It is assumed that the impacts of environmental
         variables will be equal between oiled and non-oiled areas.

         Comment:   The sample sizes in the study are too low, making it
         difficult to draw conclusions by comparing a limited number of
         streams and hatchery facilities, some oiled and some not.

         Response: A statistician has been assigned to review this study.
         The sample sizes are considered to be appropriate for this study.

         Comment: The study focuses too much on gross impact; fewer fish
         should be taken and examined more closely in a controlled
         environment.   The study should look for more subtle differences
         such as small percentage changes in viability of eggs or fertility
         of sperm as this is the type of change that will have a profound
         long-term effect on the viability of the salmon population.

         Response:     In reviewing this study, modifications including
         controlled laboratory studies and a focus on sublethal effects were
         considered. They have been deemed inappropriate in this particular
         study, however results from other studies may provide useful data.
         Subtle effects are difficult to measure.


         FISH/SHELLFISH STUDY NO. 4

         Comment: The presence or absence of young salmon in known early
         marine rearing locations should be studied to help determine
         whether young salmon have been forced out of traditional rearing
         areas in oiled locations.

         Response: As a part of this study, records of fry distribution are
         being made f or a large part of the PWS.       If differences occur
         between oiled and non-oiled years, they will be evaluated.

         Comment: Alternatives for restoration should not be confined to
         locations now producing fish; rather, consideration should also be
         given to the diversification of hatchery production to include
         early run stocks for release at as-yet undetermined locations.

         Response:    Increased hatchery production of salmon is being
         considered as a means of restoration. Broodstock selection (i.e.,
         run timing) and location of release are important parts of any
         hatchery plan.


                                          46









           Comment: It may be necessary to go outside PWS for representative
           samples.

           Response:    Fry were not collected outside of PWS due to the
           difficulty in obtaining specialized gear and vessels and cost
           limitations.

           Comment: The fifteen individuals from each size category for each
           site should be tested for hydrocarbons.

           Response: Many fry samples from many parts of PWS were collected
           in 1989 in a way that will permit hydrocarbon analyses at a later
           time.

           Comment:   There is no description of a sampling or assessment
           methodology that will provide an evaluation of impacts to fish food
           resources, especially planktonic food available to juvenile salmon.

           Response:   Studies by the University of Alaska and the NMFS,
           participants in this study have addressed this problem in the 1990
           study plan.

           Comment: It will be difficult to document fish kills or long-term
           impacts on the salmon stocks directly attributable to the spill.

           Response:    While it may be difficult, it is necessary and
           appropriate that this damage assessment attempt to identify and
           quantify injury to salmon stocks attributable to the spill.

           FISH/SHELLFISH STUDY NO. 5

           Comment:   There is no evaluation of straying between streams;
          .increased amounts of straying will.bias results.

           Response: The analysis will involve testing for significant mixing
           between streams and controlling for the mixing if it exists.

           Comment: There is no evaluation of reduced fecundity or viability
           due to oil exposure.

           Response: Growth is being measured as an indicator of sublethal
           effects.   Data on sublethal effects from other studies will be
           considered in analyzing the results from this study.

           Comment:   Two oiled weir sites are inadequate; for statistical
           validity, a minimum of three per condition should be studied.

           Response: Two sites per treatment group is considered sufficient
           for a statistically valid study.

           Comment:   Survival rates are a function of many factors such as
           temperature, abundance of food or predators, as well as oil

                                            47









          contamination. There must be a means of quantifying the effect of
          these factors separately in order to determine which effects are
          attributable to oil. The study assumes that survival rates in the
          survey and control areas were equal before the spill, which is
          unlikely since the control areas are on the southern sides of
          islands exposed to the GOA while the survey areas are all within
          PWS.   Finally, the study description does not explain how large
          variations in the survival rates for different races will be
          accounted for.

          Response: This study analyses the differences in survival rates of
          adult fish between the treatment and control areas. Because these
          are adult fish, the survival rate is essentially constant from year
          to year and between areas.

          Comment:    The objective of assessing the exploitation rates in
          recreational fisheries of dolly varden and cutthroat trout, over-
          wintering in oiled and non-oiled areas, is inappropriate in that
          both species over-winter in fresh water lakes, which were not
          oiled.

          Response: While the dolly varden and cutthroats do over-winter in
          fresh water lakes, most of the feeding and growth occurs in the
          salt water where the majority of sport fishing effort occurs. The
          exploitation rates were obtained through F/S study No. 6, which
          targeted estimated catch rates of the marine sport fishery.

          Comment: There is virtually no useful baseline data for comparison
          of the linkage between oil contamination and char; the linkage
          between oil contamination and char and cutthroat trout survival is
          vague.

          Response: In instances where little baseline data exists, studies
          rely on current and future years comparisons.

          Comment:    The study does not assess impacts of the oil spill on
          prey of dolly varden and cutthroat trout.

          Response: The study is not intended to or designed to assess the
          impacts of the spill on the prey of dolly varden and cutthroat
          trout.    While this information would be beneficial, measuring
          growth of the fish will show damage more directly.

          Comment: There should be an additional examination of fecundity of
          fish and survival of eggs through juvenile life stages between
          exposed and unexposed groups and inspection of fish for anomalies.

          Response: Growth is being measured as an indicator of sublethal
          effects.

          Comment:     The objective of looking at exploitation rates is
          unnecessary and, unless accompanied by careful analysis and

                                             48









          supported by additional data, may provide misleading results since
          recreational fisheries are variable and influenced by many factors.

          Response: The exploitation data will be analyzed very carefully.
          They will be checked only for any drop in exploitation rates above
          and beyond normal variation.

          Comment: Chronic effects, such as disease, damage to organs and
          other sublethal impacts, should be studied, as should impacts on
          reproduction and analysis of body burdens of hydrocarbons and other
          spill-related toxins; the confounding effects of mobility of fish
          must be considered in assessing catch data.

          Response: Growth is considered to be the best index of sub-lethal
          effects.


          FISH/SHELLFISH STUDY NO. 7

          Comment: This study should include upper CI.

          Response: The Trustees would have preferred to examine all areas
          outside of PWS but were limited in 1989 by time, cost, and
          personnel.   FIS study No. 27 will be initiated in 1990 and will
          examine possible impacts on sockeye salmon in upper CI.

          Comment: Streams and other areas of LCI should also be assessed
          for damage.

          Response:   This study examined several of the major pink/chum
          salmon spawning streams, both uncontaminated and directly
          contaminated by oil, in the LCI/Kenai Fiords area.

          Comment: The gross method of analysis employed, e.g. counting live
          and dead salmon and egg and pre-emergent fry densities, does not
          look at sublethal effects such as contaminant body burden,
          developmental abnormalities and egg and fry survival. These should
          be studied in a more controlled environment.


          Response: Sublethal effects have been considered and the Trustees
          have incorporated the collection of this type of data into FIS
          study No. 8a.

          FISH/SHELLFISH STUDY NO. 8

          Comment: There is no indication whether this study also uses oiled
          and non-oiled areas for comparison.

          Response: This study compares egg to fry survival for both oiled
          and non-oiled areas.

          Comment: This study is completely research-oriented and therefore
          not a damage assessment study.

                                           49










       Response:    A significant proportion of pink/chum salmon spawn
       intertidally in the LCI/Kenai Fiords area and, to a lesser degree,
       in the Kodiak area.     These areas were affected by oil from the
       Exxon Valdez.      This study is designed to examine potential
       differences in egg-to-fry survival between streams that have and
       have not been intertidally oiled.       Thus, it is an appropriate
       damage assessment study.

       Comment: Abundance and over-winter mortality for these species in
       intertidal areas cannot be extrapolated from the fresh water areas
       proposed for study in this project.

       Response: Significant numbers of pink/chum salmon use intertidal
       areas for spawning in the LCI/Kenai Fiords area. These intertidal
       areas as well as the upstream portion of the stream, will be
       examined separately for overwinter survival.

       Comment:   A closer look at eggs and fry is needed to provide a
       greater measure of reliability.

       Response: The reliability of the test for differences in egg-to-
       fry survival due to oiling was examined and the number of streams
       sampled was adjusted in order to obtain the best balance between
       historic data, logistical concerns, and statistical validity.

       Comment:    Juvenile fish should be subjected to a more thorough
       analysis of growth and examining the daily growth rings of otoliths
       to determine an estimate of daily growth rate, with comparisons
       drawn between growth of fish in exposed and unexposed groups should
       be considered.

       Response: This project examines the effects of intertidal oiling
       on egg-to-fry survival, whereas F/S studies 4 and 9 deal with the
       effects of oiling on early marine growth.          Fry samples were
       collected from each dig zone for analysis of sublethal effects.

       FISH/SHELLFISH STUDY NO. 11

       Comment:     Sampling 160 transects seems excessive; the study
       description gives insufficient information on the size of the area
       to be surveyed.

       Response:     The number of transects needed to achieve the
       statistical accuracy desired was calculated in 1989 based on the
       extent of the 1988 spawn.     It was not excessive considering the
       statistical design of the study. The size of the study area is not
       known exactly until the spawn occurs each year and miles of spawn
       is mapped; it is only estimated based on the previous year's extent
       and location of spawn.

       Comment: There are no studies on what effect exposure to oil at an
       early age has on later development, fecundity, etc.

                                         50









             Response: The 1990 study plan includes an egg mortality study and
             increased fecundity sampling. These studies include analysis of
             ef f ects of metabolism of oil on f ecundity by examining year ef f ects
             and looking at genetic aberrations in ovary tissue.             The egg
             mortality project will address direct and indirect impacts of oil
             on egg survival, viability, hatching success, larval abnormalities
             and various sublethal and chemical laboratory tests that will
             quantify damage and establish oiling indices.

             Comment: The investigators should consult with investigators for
             marine mammal studies to ensure that related information needs are
             identified and factored into the study design since herring likely
             are an important component of the diet of marine mammals.

             Response: Marine mammal researchers that are involved in the NRDA
             process have consulted with the herring principal investigator on
             the possibility of contamination of the herring food source. They
             have complete access to the results of any tests that reveal oil
             content and contamination.

             Comment:    Kelp growth should be measured, since there have been
             reports of reduced kelp growth in oiled areas.

             Response:    Kelp growth is being studied in the coastal habitat
             studies.


             FISH/SHELLFISH STUDY NO. 13

             Comment: There is no rationale given for why the three species of
             clams were specifically selected in Study No. 13.

             Response:    The original study included Cockles, Littlenecks, and
             Butter clams because these species were important from a
             subsistence and personal use standpoint. Cockles were dropped from
             the study due to their limited abundance in PWS. Littleneck and
             Butter clams are particularly appropriate for study given their
             widespread abundance and considerable background information
             available concerning the species.

             Comment: It is not clear from the project description how growth
             will be documented nor how examination of growth parameters and the
             abundance of bivalves two to four years old will give information
             about temporal changes in growth rates and recruitment bc-i-ween
             oiled and non-oiled beaches.

             Response: Growth is documented by recording shell length for each
             annulus. Beaches will be resampled and the growth of clams since
             the spill will be recorded as length at each age.          Growth curve
             parameters will be compared for differences in growth rates between
             oiled and non-oiled areas. Changes in recruitment will also be
             determined in four years by comparing numbers of clams within the
             appropriate size ranges.

                                                51









        Comment:   Assuming that the condition being measured is a body
        condition index (volume of soft tissue to total volume of organism)
        condition should also be measured on a subset of individuals from
        the clam studies to provide information comparable to that obtained
        in the other bivalve studies.


        Response: No measurements were taken to determine the condition
        index of clams at each site.

        Comment:   The study does not indicate whether bivalves will be
        allowed to void their gut contents prior to analysis for
        hydrocarbons (since the presence of hydrocarbons in material in the
        gut can dramatically alter whole body levels analyzed, the same
        approach should be used in all studies to obtain comparable
        information).

        Response: Clams sampled for hydrocarbon analysis were removed from
        the substrate and placed in cleaned aluminum foil and frozen as
        soon as possible. All hydrocarbon samples were handled in the same
        manner.


        Comment:    The number of quadrants should be determined by
        variability.

        Response: Clams from the tidal heights sampled can only be taken
        during a series of low tides.     Because of the limited amount of
        time and resources available, beaches could not be surveyed
        beforehand to determine the abundance by tidal height. Estimates
        of variability could not be made prior to sampling.

        comment: How many individuals will be analyzed for hydrocarbons?
        Individuals should be analyzed, not as a composite, and numerous
        individuals should be tested per age class.

        Response:    Hydrocarbon samples are collected by transect (one
        composite sample per transect plus one environmental replicate for
        a total of four per site). The first two clams excavated from a
        quadrant that are between 2-5 cm are used for this sample.
        Hydrocarbon sample clams are left unwashed and placed immediately
        in a hydrocarbon free container (aluminum foil). Onsite aging of
        clams would be difficult due to time constraints and maintaining an
        uncontaminated sample.     Hydrocarbon samples are determined by
        weight, and it takes several clams to acquire the 15 grams of
        tissue necessary to form a sample. Thus, hydrocarbon samples are
        collected by transect. Onsite aging of clams would be difficult
        due to time constraints and the need to maintain an uncontaminated
        sample.

        Comment: No reason is given for including only little necks in the
        study of growth in age analysis. [Same comment was also submitted
        concerning FIS No. 21.)


                                         52










             Response:   Littlenecks were found to have the widest and most
             abundant   distribution through PWS.          Extensive     background
             information concerning age and growth of Littlenecks is available
             for many populations in the Pacific Ocean.

             Comment: Monitoring of all sites should be done more often than
             once in the spring and once in the fall, perhaps monthly. (Same
             comment was submitted concerning FIS No. 21.]

             Response:   The present sampling plans require a crew of four to
             complete one sampling site during a minus low tide.         Additional
             sampling would require more personnel and equipment. [Same comment
             was also submitted concerning FIS No. 21.]

             Comment: Growth and age analysis should also include estimates of
             growth potential on temperature and contrast with real growth.

             Response: Detailed temperature information by site and time was
             not collected from individual sites. Temperatures and salinities
             were recorded for each site, however detailed temperature
             information for sites over time was not collected from individual
             sites.   In assessing the effects the oil spill had on growth,
             growth potential will be assumed to be the growth achieved by clams
             at a beach prior to the spill. Measurements from shells collected
             for length at age analysis prior to the spill provide a record of
             previous growth.

             Comment: ANOVA is not appropriate unless it can be demonstrated
             that the relationships are at least monotypic and not either the
             typical bell shape or sigmoid that would be expected from these
             studies. (Same comment was submitted concerning F/S No. 21.]

             Response: The appropriateness of an ANOVA test will be determined
             before it is employed.    Non-parametric tests will be applied if
             justified. Tests for significance will be applied to each species
             separately.

             Comment: The objectives of this study appeared to be inconsistent
             with the methods and analyses insofar as the objectives suggested
             that there would be a one-time sample of bivalves at selected beach
             sites while the methods and analysis section said that one heavily
             oiled beach will be monitored bi-weekly from May through September.
             The objectives should be redrafted to indicate that hydrocarbons
             will be monitored to determine how hydrocarbon contaminant levels
             change over time, and the monitoring design shoul    d be altered if
             there are sudden changes in the proportion of dead clams or cockles
             found on the beach being monitored.

             Response: The objective of monitoring a heavily oiled beach over
             time is to determine hydrocarbon contaminant levels over time. The
             study design will be modified as necessary based upon ongoing
             monitoring.

                                              53









         Comment: The project description should be expanded to indicate
         what will be done if significant levels of hydrocarbons are still
         being found in bivalves or the survival and productivity rate of
         bivalves have not returned to prespill levels by the end of the
         study period. The study should be continued until detectable or
         potentially harmful levels of hydrocarbons no longer are present in
         bivalves.

         Response: The investigators agree that studies should be continued
         if potentially harmful levels of hydrocarbons exist.

         Comment: There should be a better description of how this study
         relates to M/M study No. 6, indicating how possible effects of
         bivalve impacts on sea otters will be detected and quantified.

         Response:   The 1990 study plan was established recognizing the
         importance of bivalves to otter and bear populations. only beaches
         which are known otter or bear habitat are to be studied.

         Comment:   With respect to establishing the cause of death by
         necropsy analysis, sufficient baseline data may not be available to
         provide an adequate understanding of normal tissues to make such a
         determination.

         Response: Necropsy samples were taken at both control and oiled
         sites.


         FISH/SHELLFISH STUDY NO. 15

         Comment: It is impossible to determine whether the sample size is
         appropriate and whether possible egg hydrocarbon content and
         survival should be assessed.

         Response:   Sample sizes have been set based on input from ADF&G
         biometricians using available data on size frequency and the NRDA
         protocol for hydrocarbon sampling. Hydrocarbon sample sizes were
         set in order to keep analysis costs down until presence of
         hydrocarbons is actually documented.        Egg clutch hydrocarbon
         content is being measured and egg survival is being estimated by
         comparing average egg number just after extrusion to average egg
         number just before hatching. Egg survival is also being estimated
         by counting numbers of dead eggs.

         Comment: ANOVA was misused in this study.

         Response:   During development of the detailed study plans all
         statistical analyses were reviewed by ADF&G biometricians.        All
         statistical analyses being used are considered to be appropriate.

         Comment:    There is no indication in the study description of
         whether long-term effects of exposure on young shrimp are being
         studied.


                                          54









          Response: This study was planned to last for a three to five year
          period. This would allow time for young of the 1989 year shrimp to
          grow to the age where they recruit to the gear and could be sampled
          several times before the study ended. At that time, their relative
          abundance and level of hydrocarbon contamination could be
          determined.

          Comment: This study should not be part of the damage assessment
          effort because only very low concentrations of oil have been
          documented in the water column, and adult shrimp are not
          particularly sensitive to such low concentrations in the water.

          Response: Spot shrimp larvae were in the water column during the
          oil spill and are known to be very sensitive to oil. By extending
          this study until these animals recruit to the gear it should be
          possible to assess their relative abundance compared to previous
          year classes. Additionally, oil has been documented in bottom fish
          which inhabit depths similar to spot shrimp.        It is therefore
          possible that oil is on the bottom in spot shrimp habitat, which
          could be particularly damaging to eggs which are carried externally
          and have a high oil content.

          Comment: Any results generated by this study will be inconclusive
          in demonstrating an exposure pathway).

          Response:   other studies of injury to larval animals, sediments,
          and other bottom dwelling fish and shellfish will provide
          supporting information to help identify the probable mechanism for
          contamination.


          FISH/SHELLFISH STUDY NO. 17

          Comment:    Fish should be examined for parasites, oiled stomach
          contents and general condition and efforts should be made to
          determine the age of the fish caught in order to determine what
          proportion of the population is being counted and to demonstrate
          whether age-dependent effects are being observed.

          Response:   Fish will be examined for conditions such as these.
          Abnormalities in fish will be noted and age will be determined.

          Comment: Organoleptic testing should included in other studies.

          Response: Organoleptic sampling is being conducted by the Alaska
          Department of Environmental Conservation (ADEC) outside of the NDRA
          process.

          Comment:   Standard hydrocarbon analysis should be done on these
          fish in addition to organoleptic testing.




                                            55










         Response: Tissue samples for standard hydrocarbon analysis will be
         collected and analyzed where screening techniques indicate analysis
         is necessary.

         Comment: There should be an estimate of density, growth and age
         structure of the population.

         Response ':  Age structure will be estimated but, due to the
         objectives and design of this particular study, growth will not.

         Comment:    It is unlikely that this study will demonstrate an
         exposure pathway since only adult rockfish, which normally are in
         subtidal areas deeper than 20 meters, will be collected.

         Response    Because rockfish were found to contain high levels of
         hydrocarbons, this year's study was expanded to include looking at
         the prey of rockf ish in order to investigate this possible pathway.

         Comment:     There is insufficient information in the study
         description regarding the criteria used to select reefs to
         determine whether they adequately represent the PWS population.

         Response: The ten reefs in this study were chosen because there
         was historical data on them and because they were representative of
         areas that were heavily oiled and areas not oiled over the
         geographic area of the Sound.

         Comment: The organoleptic testing program needs to describe how
         the taste panels will be chosen and what criteria will be employed,
         stating that the study will not yield valid results unless trained
         taste panels are employed under rigorously controlled test
         conditions.

         Response: Organoleptic testing was done by ADEC following well-
         established testing procedures.

         Comment: The methodology of collecting rockfish by visiting the
         location of observed fish kills is inappropriate in that it is
         based on the presumption that the fish were found in the location
         where they were killed, which is unlikely.

         Response: The results of the 1989 field study do not support this
         comment.

         Comment: The use of long line gear for estimating changes in fish
         abundance is questionable.

         Response ': Long line gear will not be used for estimating abundance
         but rather for presence or absence and for the collection for fish
         of hydrocarbon testing.



                                          56









           Comment: This study appears to be well conceived, but there should
           be an assessment of the effects on reproduction as a result of
           hydrocarbon loading and impacts such as fecundity, egg and larval
           abnormalities and survival should be assessed.      There should be
           research focusing on identifying any possible long-term, chronic
           effects that decrease survival of exposed fish.

           Response: Some of these sub-lethal effects will be addressed in
           the 1990 field studies.



           FISH/SHELLFISH STUDY NO. 18

           Comment:   There appear to be some discrepancies between the
           methodologies used in this study and those used in study No. 24.
           For example, stomach contents will be analyzed in No. 18 but not in
           No. 24, and bile analysis appears to be undertaken in study No. 24
           but not in study No. 18. Bile analysis should be included in study
           No. 18.


           Response: Current study plans for these projects both reference
           bile sampling and analyses.       Study No. 18 is not currently
           scheduled to take stomach contents but will be reviewed to
           determine whether stomach sampling and tissue sampling are
           warranted.   Study No. 24 will also be measuring other chemical
           presences and will record any abnormalities found in the fish
           sampled. Stomach samples taken under Study No. 24 will be analyzed
           for hydrocarbon presence if bile samples are found to be positive.

           Comment: The study should include growth analysis.

           Response: For a fast growing species or life stage of fish, growth
           rates area valuable indicator of injury. Growth measurements are
           being used in juvenile salmon damage assessment studies since these
           fish are growing rapidly.    Most adult fish that have long lives
           grow slowly.    For many species, growth rates are too slow to
           measure impacts over a short time frame.

           Comment:   It is unlikely that fish will live long if they are
           ingesting tar balls and the result will be an underestimate of f ish
           populations.

           Response: Tar ball ingestion has not been extensively documented
           in samples of fish taken to date.        The sampling of fish in
           association with the 1990 studies should show some evidence of
           tarball ingestion if this is significant problem.

           Comment: It is extremely difficult, if not impossible, to document
           an oil spill impact on stock size and year class strength of a
           commercial' fishery species by conventional stock assessment
           techniques because there is too much natural variability in space


                                            57










        and time in these parameters.     [Same comment was also submitted
        concerning F/S No. 24.]

        Response: Large fluctuations in the natural survival rates of many
        marine fish and invertebrate species does make it difficult to
        determine injury resulting from oil contamination.         For this
        reason. some of the fish stocks being studied are being examined
        only to determine whether the injury has occurred and not to
        determine the impact on stock size.

        Comment:   Measuring the incidence of tar balls in the demersal
        environments and in stomachs of ground fish is a seriously flawed
        objective since fish can swallow tar balls that are caught in the
        trawl. (Same comment was submitted concerning FIS No. 24.)

        Response: The Trustees believe that this comment is without merit.
        Fish are stressed during capture and generally are regurgitating
        when brought on deck or put in live tanks.        organisms can be
        observed in the mouth or  gill cover that may have been collected
        during capture, but there is no evidence from stomach contents that
        fish swallow items during capture.

        Comment:   The resources  addressed by this study are commercial
        resources and therefore   are not proper subjects of the damage
        assessment. (Same comment was submitted concerning F/S No. 24.)

        Response: As noted above in the response to general comments, the
        resources addressed by these studies are public resources and are
        therefore appropriate subjects for damage assessment. Many of the
        fish species sampled are utilized by commercial fishermen, but some
        are used by subsistence and sport fishermen as well. Some of the
        species that will be taken by trawls and sampled are currently not
        extensively utilized in PWS but are an important link in the food
        chain.

        Comment: Given the level of detail presented in this study, it is
        not possible to determine whether standard and widely accepted
        sampling, experimental and analytical methods will be used, whether
        surveys represent assessment areas, whether biases are accounted
        for and whether results are statistically valid. [Same comment was
        submitted concerning FIS No. 24.]

        Response: The conduct of these projects will be carried out under
        strict guidelines for sampling and analysis. Survey and sampling
        plans are designed to be representative as practical considering
        the large geographical areas and diverse habitats involved. During
        the planning phases, project plans were provided to highly
        qualified peer reviewers to ensure that their design was sound in
        all respects.




                                         58










            FISH/SHELLFISH STUDY NO. 21

            Comment: Clams are present in Kachemak Bay and the west side of CI
            and these areas should be included in the study.

            Response: During the 1989 field season sampling was conducted in
            Jakalof and Seldovia Bays which are both part of the Kachemak Bay
            system.   The major clam species on the west side of CI is razor
            clams. No razor clams were sampled during 1989, however studies in
            1990 include razor clam sampling in CI.

            Comment: Why razor clams were being studied in this study rather
            than little neck clams was not explained. The choice of species
            should be the same in this study as in study no. 13.

            Response:   The original study included Cockles, Littlenecks, and
            Butter clams because these species were important from a
            subsistence and personal use standpoint. Cockles were dropped from
            the study due to their limited abundance in PWS. Littleneck and
            Butter clams are particularly appropriate for study given their
            widespread abundance and considerable background information
            available concerning the species.

            Comment:     The number of quadrants should be determined by
            variability.

            Response: Clams from the tidal heights sampled can only be taken
            during a series of low tides.      Because of the limited amount of
            time and resources available, beaches could not be surveyed
            beforehand to determine the abundance by tidal height. Estimates
            of variability could not be made prior to sampling.

            Comment: How many individuals will be analyzed for hydrocarbons?
            Individuals should be analyzed, not as a composite, and numerous
            individuals should be tested per age class.

            Response:    Hydrocarbon samples are collected by transect (one
            composite sample per transect plus one environmental replicate for
            a total of four per site). The first two clams excavated from a
            quadrant that are between 2-5 sm are used for this sample.
            Hydrocarbon sample clams are left unwashed and placed immediately
            in a hydrocarbon free container (aluminum foil). onsite aging of
            clams would be difficult due to time constraints and maintaining an
            uncontaminated sample.      Hydrocarbon samples are determined by
            weight, and it takes several clams to acquire the 15 grams of
            tissue necessary to form a sample. Thus, hydrocarbon samples are
            collected by transect. Onsite aging of clams would be difficult
            due to time constraints and the need to maintain an uncontaminated
            sample.




                                              59









        Comment: The beaches proposed to be studied in this project were
        impacted by weathered oil, therefore any possible effects to the
        bivalves would result from this weathered oil.

        Response: The study is designed to test for differences between
        oiled and unoiled sites. The differences will be correlated with
        hydrocarbon levels whether from relatively fresh oil or from
        weathered oil.

        Comment: With respect to the statement that necropsy analysis will
        establish cause of death, sufficient baseline data may not be
        available to provide an adequate understanding of "normal" tissues
        to make such a statement. Since uptake of oil can occur in dead
        invertebrate tissues, the presence of oil alone will not be
        conclusive.

        Response:   Necropsy samples were taken from live spcimens only.
        the necropsy analysis of dead clams was proposed as a contingency,
        however no dead clams were collected for necropsy analysis.

        Comment:   The study appears well designed but more details are
        needed to fully evaluate it.

        Response: More details are provided in the 1990 plan.

        FISH/SHELLFISH STUDY ]NO. 22

        Comment: From the study description provided it is impossible to
        tell what the investigators plan to do.

        Response:   The 1990 study plan contains more details regarding
        sampling and analysis.

        Comment: The expense of this project is not warranted since damage
        to the crab is likely to be minimal:       it is unlikely that an
        exposure pathway can be demonstrated because oil in the subtidal
        regions is likely to be minimal and spotty outside of PWS and even
        if oil were present, it would be a highly weathered crude oil which
        would not be expected to cause injury.

        ResRonse: This comment ignores the fact that certain beaches on
        Kodiak Island and, especially on the Alaska Peninsula -mainland,
        were heavily coated with oil. In some areas, oil was buried in the
        intertidal sands by heavy wave action.      As Dungeness crab are
        closely associated with intertidal substrates and actually feed in
        them when they are covered by tide, the potential for them to
        contact oil coming off of active beaches is considered high.

        Comment: Insufficient information is provided to determine whether
        the study can detect significant differences between effects due to
        natural phenomena and those resulting from the oil spill.


                                         60









            Response: Samples are being taken from oiled and non-oiled areas
            to provide control comparisons f or the observation of physical
            characteristics the program will be documenting. The presence of
            hydrocarbons in the crabs will be determined by standard analytical
            procedures carried out on samples of sacrificed crabs.

            FISH/SHELLFISH STUDY NO. 24

            Comment:     There appear to be some discrepancies between the
            methodology used in this study and in study number 18 in CI. For
            example, stomach contents will be analyzed in No. 18 but not in No.
            24, while No. 24 states that it will analyze bile for the presence
            of PAH metabolites while this does not appear in the description in
            No. 18.

            Response:    Study No. 18 was adjusted to include several tissue
            types in addition to bile. The 1990 study plans for these projects
            both reference bile sampling and analysis as well as stomach
            sampling. Current study plans for these projects both reference
            bile sampling and analyses.        Study No. 18 is not currently
            scheduled to take stomach contents but will be reviewed to
            determine whether stomach sampling and tissue sampling are
            warranted.    Study No. 24 will also be measuring other chemical
            presences and will record any abnormalities found in the fish
            sampled. Stomach samples taken under study No. 4 will be analyzed
            for hydrocarbon presence if bile samples are found to be positive.

            Comment:     The methods for "biochemical analysis" should be
            clarified. There may not be any "standard" biochemical analyses to
            assess reproductive damage.

            Response:    This study seeks to determine whether reproductive
            impairment has occurred. Accepted scientific methodologies will be
            used.    Samples of various tissues will be taken to document
            hydrocarbon presence and direct observation of reproductive organs
            and products will be made to determine abnormalities or
            dysfunctions.

            Comment: The expense of this study is excessive and unreasonable
            since damage to these resources is likely to be minimal and it is
            unlikely that an exposure pathway can be demonstrated because oil
            in the subtidal regions outside of PWS will be minimal and spotty
            and even if oil were present it would be a highly weathered crude
            oil which would not be expected to cause injury.

            Response: The Trustees have determined that the cost of the study
            was justified due to the likelihood that the resources addressed by
            the study were exposed to oil and therefore likely to be injured.
            Exposure to oil was confirmed by the 1989 samples. Based on these
            samples, the Trustees have been able to narrow the focus of the
            study in 1990.    The study will be extended to determine whether
            there is continued exposure to oil. The marine resources of the

                                              61









        area af f ected by the EVOS outside of PWS contain large and valuable
        resources, many of which are important links in the food chain.

















































                                         62









































                                    MARINE MAMMALS















         MARINE MAMMALS STUDIES COMMENTS

         Comment:    There is no explanation of the choice to study only
         select marine mammals when other mammals, such as porpoises, have
         been identified as being potentially affected.

         Response:   Studies on Steller sea lions, harbor seals, humpback
         whales and killer whales were conducted in PWS during the 1989
         field season. The selection of these four species was based on the
         fact that they were the only species from PWS for which a
         historical database exists that could permit a comparison of pre-
         and post-oil spill abundance and distribution. Past data on the
         abundance and distribution of harbor porpoise and Dall's porpoise
         were not available from PWS.

         Comment: The description of the Marine Mammals Injury Assessment
         should note that a large number of North Pacific fur seals migrates
         through the spill area.     It should also indicate the effects of
         cleanup activities from the spill on their survival and
         productivity rates.

         Response: Fur seals are a pelagic species and their distibution is
         generally farther offshore than the areas affected by the oil
         spill. The Trustees believe the species most likely to be affected
         by EVOS have been selected for study.

         Comment: Previous studies of the effects of oil on cetaceans do
         not justify the cost of the whale studies in the damage assessment.

         Response: The Trustees anticipate comparing the results of prior
         studies to    the responses that are observed in this study to
         determine the degree of injury as a result of EVOS, and have
         determined that the cost of this approach with respect to this
         species is justified.

         Comment: The M/M studies will unnecessarily stress the animals.
         Samples should be limited to those taken from dead specimens or
         individuals taken by natives.

         Response: No cetaceans were sacrificed. Samples were collected
         from dead pinnipeds and cetaceans found stranded on the beaches as
         well as from pinnipeds used for subsistence. However, non-oiled
         pinnipeds were also collected due to low sample size, unsuitability
         of many of subsistence animals, and the need to obtain samples
         immediately after sacrifice in order to determine the effect of
         hydrocarbons on animals that were oiled over time.

         Comment:    The studies do not indicate how data collected will be
         relevant to restoration; the only feasible method of restoration of
         marine mammals is shoreline cleanup and natural recovery.

                                           63









          Response:    The question of restoration is not answerable at this
          time since the extent of injuries has not yet been determined.
          once the extent of injury has been determined, the restoration
          working group will be considering a wide range of activities
          including retoration, replacement or acquistion of the equivalent
          marine mammal resources.

          Comment:     The budgets for the M/M studies are inadequate,
          particularly with respect to the cost of aircraft and boat survey
          support.

          Response: The current version of the plan contains updated budget
          figures. since most salaries are absorbed by government agencies
          and the figures appearing in the budgets comport with the Trustees'
          experience regarding similar costs in the past, the Trustees
          believe that the-proposed budgets are the best estimate of study
          costs.

          Comment: Only 10 samples per study will be analyzed; this number
          of samples is inadequate to identify injury in marine mammals.

          Response:    There is no limit on the number of samples to be
          analyzed.    The ten-sample figure denoted a prioritization for
          initial analysis.

          Comment: Greater emphasis should be placed on sublethal effects
          and prey species.

          Response: The Trustees agree, and the current plan reflects this
          suggestion. A major focus of Marine Mammal Studies #1 and #2 is to
          document displacement of whales from areas heavily impactd by the
          spill. Such displacement could affect feeding patterns and other
          behavior.

          Comment:     Inadequate details for sampling, experimental and
          analytical methods are'given in the study descriptions. Results of
          the studies should be centrally catalogued and made available to
          research groups and contractors.

          Response: See the 1990 plan. The Trustees have proposed that the
          data gathered from studies they have authorized, as well as those
          conducted by the PRP's, be made available jointly to the public.


          MARINE MAMMALS STUDY NO. 1

          Comment: it is doubt  ful that this study is capable of determining
          whether observed changes in distribution, behavior or reproduction
          of whales can be ascribed to the oil spill.

          Response: If an overt change occurs in the abundance, distribution
          or other life history parameters of the whales, the Trustees

                                           64










        believe that cause/effect relationships can be determined.         if
        subtle changes take place, it may be more difficult to evaluate
        cause/effect relationships.

        Comment:   This study should be coordinated with studies of prey
        species, or additional studies of prey species should be
        undertaken, to assess whether the oil spill has caused observed
        changes in distribution or behavior.

        Response:   The findings from this study will be coordinated with
        those of other related studies. The Trustees agree that additional
        studies on prey species would be valuable, but implementation of
        such studies would be extremely difficult given the extensive oil
        spill area and the lack of baseline data and were thereore
        considered infeasible.

        Comment: The effects of noise from cleanup activities should be
        evaluated.

        Response: The studies on humpback and killer whales will document
        whether the animals have been displaced from their normal feeding
        areas. The logs of whale sitings will be examined to determine if
        any displacement is related to the location of observed vessel
        activity.

        Comment: This study should be combined with the herring studies to
        reduce costs.

        Response: The methodologies and logistics needs of these studies
        are too different to be effectively combined.

        Comment: Studies of the effects of contamination of the food chain
        through methods such as biopsy, analysis for toxicants, and DNA
        biomarking, should be conducted.

        Response: The Trustees agree that studies addressing the sublethal
        effect and the effect on whale prey species would be beneficial to
        the current study. Stomach content samples taken in other studies
        may document contamination of the lower level organisms in the food
        chain.

        Comment:   Surveys should be extended for five years in Prince
        William Sound, Southeast Alaska and the Kodiak Archipelago. Even
        though this suggestion may be beyond the scope of CERCLA and the
        Clean Water Act, it is within the areas of interest of the Marine
        Mammal Protection Act and the Endangered Species Act.

        Response:   The purpose of the damage assessment is to support
        claims for natural resource damages arising out of the oil spill.
        Therefore, studies that do not support such claims are not included
        in the damage assessment. They nay be appropriate, however, for
        funding outside the damage assessment process. The Trustees agree

                                         65









            that this study should continue this year.       The study will be
            evaluated at the end of the field season to determine whether it
            should be continued next year. Whale studies off Kodiak have been
            included this year, as suggested by the reviewer.

            Comment: The value of line transect surveys and photo-
            identification methods of population census is questionable.

            Response: Photo- identi f icat ion methods have been used to estimate
            population size and recruitment. Line transect surveys were not
            conducted.


            MARINE MAMMALS STUDY NO. 2

            Comment:   It is questionable whether this study is capable of
            determining whether observed changes in distribution or behavior of
            whales can be ascribed to the oil spill.

            Response:       If an overt change occurs in the abundance,
            distribution or other life history parameters of the whales, it is
            believed that a determination of cause/effect relationships can be
            made. If subtle changes take place, it may be more difficult to
            evaluate cause/effect relationships.

            Comment: This study should be coordinated with related habitat and
            prey studies to assess whether the oil spill has caused observed
            changes in distribution or behavior.

            Response: The findings from this study will be coordinated with
            those from other related studies.

            Comment: Additional observations should be made in the spring and
            summer of 1990 to determine the effects of cleanup activities.

            Response: This study will be continued in 1990. See current plan.

            Comment: Studies of sublethal impacts of oil should be conducted
            on captive animals.

            Response: Measuring the effects of oil on captive animals would
            require that they be injured or sacrificed. This approach would
            involve suffering of the animals and would be highly unpopular.
            Some non-injurious approaches using captive animals are currently
            being considered.

            Comment:   Additional study of the effects on killer whales of
            contamination of habitat and food chain through such methods as
            biopsy or analysis for toxicants is appropriate.

            Response: - This is being carried out by related studies in the
            plan. No whales are being sacrificed for biopsies.


                                             66









        Comment:    The use of aerial surveys to determine population
        parameters is questionable.

        Response:    This study does not rely on aerial surveys.            Past
        population levels of killer whales in PWS have been obtained
        through photo- identi f icat ion techniques.   Therefore, this study
        will emply the photo- ident if ication methods so that a comparison
        can be made against existing data.

        Comment: The scope of the study area should be expanded to include
        Kodiak because of movement of killer whales between Kodiak and
        Prince William Sound.


        Response: Studies were conducted off Kodiak in 1989. Additional
        work off Kodiak is planned during the 1990 season.

        Comment: Objectives C and D of Marine Mammals Study No. 2 are not
        feasible without long-term studies and sampling studies using
        biopsy techniques, DNA biomarking, and analysis for environmental
        toxicants.

        Response:    Other approaches using photo-identification of pod
        structure, behavioral observations and examination of stranded
        animals may also provide this information.

        MARINE MAMMAL STUDY NO. 4

        Comment: This study should also have an objective of determining
        whether observed changes in distribution, abundance, behavior, or
        productivity may have been caused by spill-related changes in the
        availability of preferred prey species.

        Response:    If F/S studies that will be providing information on
        prey find significant impacts, alteration to incorporate more
        detailed work on prey items will be considered.

        Comment:    It would be useful to specify the fish and shellfish
        studies that are expected to provide information on the effects of
        the spill and related containment and cleanup operations on sea
        lion prey species.

        Response: This would be useful information and will be considered
        for inclusion in the next revision of the study plan.

        Comment: Without sever   al years of study, the effects of..the spill
        on sea lions will not be apparent.

        Response:    This study will be conducted in 1990 and evaluated
        during the winter of 1990-91 for possible future continuation.

        Comment: It is not valid to use aerial photography of use of sea
        lion haul-outs and rookeries because they yield point-in-time

                                           67









            counts only and the number of sea lions using any particular haul-
            out may vary greatly hourly.

            Response: Counts using aerial photography were discontinued.

            Comment: The study description inadequately describes methods and
            analyses including methods for measuring premature birth rates,
            methods for estimating pup production, methods for relating pup
            production to the impact of the spill, and the statistical design
            of the study   such as the number of sites and the methods for
            assessing the  precision and accuracy of the data collected by the
            photo surveys.

            Response: See the study plan-for 1990.

            Comment: None of the pup mortalities can be attributed to the oil
            spill without the benefit of direct observation of the death and
            the immediate necropsy of the carcass.

            Response: All mortalities that are observed will be examined and
            samples taken for hydrocarbon analysis and histopathology.

            Comment:   The study description does not indicate the size and
            adequacy of the "before" data existing on sea l'ons.

            Response: See the study plan for 1990.

            Comments: How will effects of a pre-spill population.decline be
            separated from the effects of oil contamination? Trustees should
            be careful -of dismissing a reduction in numbers as the continuation
            of the trend rather than as a resu 'lt of the spill. It will not be
            possible to determine the effects of the oil spill on the sea lion
            population in the@northern gulf.since little  -is known about.their
            population-dynamics and the,continued decli-ne.in-pupping found as
            a result of this study cannot be attributed to the@ spill since sea
            lions already are in a state of decline.

            Response:    Estimation of changes in total numbers is not an
            objective of this study. The decline in pupping that is expected
            from historical data will be modelled. The 1990 counts will then be
            tested to determine whether they are significantly       lower than
            predicted by,the historical model.

            MARINE MAMMAL STUDY NO. 5

            Comment: The study should also state an objective of determining
            whether observed changes in the distribution, abundance, or
            productivity of harbor seals may have been due to spill-related
            changes in food availability4




                                              68









         Response:   If F/S studies that will be providing information on
         prey find significant impacts, alteration to incorporate more
         detailed work on prey items will be considered.

         Comment: The study description should specify which studies are
         expected to provide information on the effects of the oil spill and
         cleanup operations on harbor seal prey species (28-18).

         Response: This would be useful information and will be considered
         for inclusion in the next revision of the study plan.

         Comment:   The harbor seal and sea lion studies are essential in
         light of the declining harbor seal populations in western Prince
         William Sound.    Several years of study are necessary to determine
         the effects of the spill on these long-lived animals.

         Response: This study will be continued in 1990, and the results
         evaluated during the winter of 1990-91 for possible continuation
         beyond 1990.

         Comment:   It is not clear how the researchers will be able to
         distinguish the effects of the spill from other factors that have
         been causing the recent sharp decline in the harbor seal
         population. It will not be possible to attribute to the oil spill
         any additional decline in the numbers of harbor seals counted in
         1989 given the recent decline in the number of seals.       With the
         methods proposed in this study, it will not be possible to evaluate
         the effects of the spill on harbor seal distribution at haulouts,
         although there may be changes in distribution at haulouts, it will
         not be possible to ascribe that change either to the spilled oil or
         to other factors. The Trustee should be careful of dismissing a
         reduction in numbers as the continuation of this trend rather than
         as a result of the spill.

         Response: The expected decline will be modelled using historical
         data, and counts in 1989 and 1990 will be tested to determine if
         they are significantly lower than predicted by the historical
         model.    The objective of evaluating effects of the spill on
         distribution of harbor seals has been deleted from the study.

         Comment:   The study description provides no information on the
         statistical validity of the shoreline surveys. For example, there
         is no description of the number of sites, the location of sites
         sampled, the number of replicates obtained or the sampling design.

         Response: See the study plan for 1990.



         MARINE MAMMAL STUDIES NOS. 6 & 7


         Comment: The study will not address the proportion of sea otter
         carcasses that were actually recovered after the spill relative to

                                          69










           the total mortality, the study may have underestimated the number
           of otters affected.

           Response: In regard to carcass recovery, the agency has added an
           additional component, looking at drift and recovery of simulated
           carcasses, to the Year 2 study to gain insight into this question.
           The boat surveys reported in the first year damage assessment
           report included analysis of shoreline data only, due to time
           constraints. Revised analysis including offshore information is
           now available.

           Comment: Cleanup operations, in addition to the spilled oil, could
           have adverse affects on the otters.

           Response:   The study participants will have records on cleanup
           operations for the different -beach segments, and will take these
           into account in interpretation of results.     Future boat surveys
           will look at the recovery of specific shoreline segments.
           Relationship between severity of beach oiling and cleanup
           operations with rate of recovery will be addressed at that time.

           Comment:     Instrumentation and handling of sea otters is
           inappropriate, represents harassment of the animals, and will not
           lead to meaningful results.

           Response: The capture and surgery does mean that sea otters are
           subjected to additional stress. However, available data indicate
           that this stress has no long-term effects on either the survival or
           the reproduction of the implanted females. For example, of 58 sea
           otters implanted in eastern Prince William Sound in 1987, annual
           survival rate was 98%, which is extremely high for wild animals.
           Sea otters in Prince William Sound now provide a unique opportunity
           to evaluate acute and chronic effects of oil, both on individuals
           and on the overall population.     The risk to the animals in the
           present study is not great, and is justifiable in order to assess
           damage from the oil and determine future contingency plans.
           Implantation of radio transmitters is necessary as this is the only
           way to keep track of individual animals over long periods of time
           (transmitters should function for almost three years) .       It is
           difficult, if not impossible, to continuously study individual
           animals otherwise, as sea otters are known to move and at times can
           cover relatively large geographical areas. To obtain estimates of
           survival and reproduction, repeated observations of individuals
           must be made. Color-coded flipper tags would be a less invasive
           way of identifying individual animals, but given the large areas
           involved, tracking individual animals by flipper tags would be
           extremely difficult.     The same information on survival and
           reproduction could not be obtained by flipper tags alone.          To
           insure the safest handling of the otters, the nets are checked at
           least hourly during capture (more frequently than is required by
           the USFWS Permit Office) . If animals show obvious signs of stress
           or are not in optimal condition, they are released immediately.

                                            70










         Animals that are held are placed in covered kennels and kept in a
         quiet area until surgery. If animals are held for more than a few
         hours, they are provided with f ood.      Captures are done by an
         experienced crew, and surgeries are performed only by a
         veterinarian approved by the USFWS Permit Office. When capturing
         pups, abandonment by the female is a concern. To avoid this, the
         female and pup are usually both caught and the female held until
         they are released together.     When only the pup is caught, the
         capture crew is extremely careful about making sure the female
         stays in sight, and recordings of pup calls are played back, to
         keep the female close by. Pups are not captured in male areas, as
         males can distract the female while the pup is held. Females are
         palpated for pregnancy prior to surgery, and if a fetus is
         detected, the female is released without surgery. The surgical and
         drug protocols are time tested, and surgery is as near to sterile
         as field conditions allow. Infections or adhesions resulting from
         surgery have not been noted to be a problem in any of the telemetry
         studies to date (including the 1987 study).

         Comment: There is a discrepancy between numbers of otters to be
         instrumented under the permit and the numbers listed in the study
         plan. There is no explanation of the need to handle and instrument
         so many sea otters.

         Response: In the permit, the agency requested a take of 650 otters
         in order to obtain a total of 275 animals in optimum condition and
         of the correct sex/age classes for instrumentation.      The agency
         does not plan to instrument more than 275 otters for this study,
         and in fact the final number implanted in the wild will likely be
         very close to 200.     Many of the animals caught are released
         immediately (e.g., younger pups are not instrumented but released
         upon capture).     Instrumented animals will not be repeatedly
         captured, as this is not the intent of the study. Some incidental
         recapture of previously handled animals may occur. The study calls
         for 50 otters in each group (females and pups, east and west),
         which is the minimum sample size required to obtain statistically
         significant differences in survival and pupping rates, using
         commonly accepted levels of significance for wildlife studies.

         Comment: The monitoring of the instrumented sea otters must be at
         a high level.

         Response: The quality of the study will depend on the frequency of
         monitoring of the instrumented otters, and the agency will track as
         frequently as possible. Some limitations will be imposed by the
         large area in which the otters may move and by severe weather in
         winter months.    The agency plans to coordinate flying efforts
         between those two studies to increase the efficiency of radio-
         tracking.




                                         71











          Comment: There is no indication that the other assessment studies
          on prey species (shellfish, fish, etc.) would be evaluated in light
          of the sea otter studies.

          Response: The results of assessment studies will be reviewed to
          evaluate  how injury to sea otter prey species may affect sea
          otters.

          Comment:   These two studies overlap and duplicate earlier work.

          Response:    The animals in these two studies represent very
          different groups, given that those in the M/M Study No. 7 have been
          through oiling, capture, long-term holding and handling.        Their
          clinical histories and capture locations are known.        Monitoring
          these animals after release should provide extremely valuable
          information regarding the rehabilitation effort, and therefore this
          study is critical in terms of future management and oil spill
          contingency planning.    However, the sea otters from the rescue
          centers are not representative of sea otters in the wild, and the
          NRDA process must examine wild populations living in areas affected
          by oil as well as the rehabilitated otters. Thus M/M Study No. 6
          is also an essential study.      Sea otters studied in an earlier
          (1987) project in PWS were located in the eastern part of the
          Sound, and were not exposed to oil.

          Comment:   There is a lack of detail regarding the statistical
          design.

          Response:    The statistical design was reviewed, evaluated and
          modified to assure statistical validity.      The 1990 study plans
          reflect those comments.


          Comment:    There is no indication whether these studies are
          applicable to the restoration process.

          Response: The data obtained in the sea otter NRDA studies will be
          combined with information on carcasses recovered in the oil spill
          zone and data from previous studies on otters in PWS to construct
          a population model.    From thist a prediction of recovery rate of
          the population to pre-spill levels will be made. Monitoring of the
          sea otters and the quality of their habitat in PWS will be required
          to document the natural recovery process. Options for restoration
          for injuries to sea otters are being developed through the
          restoration planning process which includes public input and
          technical workshops.    Addition information on level and type of
          injuries will be instrumental in sea otter restoration planning.







                                           72


































                                  TERRESTRIAL MAMMALS














        TERRESTRIAL MAMMALS COMMENTS

        Comment: The terrestrial mammals injury assessment program fails
        to consider that the only feasible restoration of terrestrial
        mammal resources beyond immediate shoreline cleanup is natural
        recovery.

        Response: Natural recovery is not the only possible approach to
        restoration.    Alternatives could include: harvest management,
        transplants, artificial propagation, and protection and enhancement
        of critical habitats.     These and other alternative restoration
        measures will be considered, as appropriate.

        Comment: It is unlikely that the population studies of terrestrial
        mammals can demonstrate any spill-related injury, and that the
        methodologies described are incapable of establishing any exposure
        pathway. Therefore, the studies do not appear to be necessary or
        cost-effective.

        Response: The terrestrial mammals chosen for intensive study were
        those judged by experts as likely to have sustained injury from the
        spill. Pathways for hydrocarbon exposure will be established by
        studies of prey contamination and through examination of tissues in
        dead and collected animals.

        Comment:   There are inadequate descriptions of the statistical
        analyses employed in the terrestrial mammal studies, and it is
        impossible to evaluate whether any results will be statistically
        significant.

        Response:   Public review study plans prepared for 1990 provide
        descriptions of statistical analyses.

        Comment: Many mammals may have been affected by the oil spill, for
        which there are no injury determination studies, and, to fulfill
        their trust obligations the trustees must determine short- and
        long-term injury to all terrestrial mammals. The assessment plan
        should specify how injury to all mammals potentially affected will
        be determined.

        Response: Terrestrial mammal species chosen for study were those
        judged by experts as most likely to have sustained injury and
        expected to provide indications of injuries to other related
        species.

        Comment:  There is so little money funded for these studies that it
        is likely that little effect will be detected.

        Response: The most important factor influencing the likelihood of
        detecting an effect is the quality of study design. The studies
        were carefully considered with appropriate design a paramount
        consideration.




                                         73










            Comment:   The study plan does not discuss studies of sublethal
            effects or methods of coordination among terrestrial mammals
            studies and with economics and restoration studies.

            Response: Selection of terrestrial mammal species for study was
            based upon value to humans, likelihood of impact from oil, ability
            to identify and quantify injury, and ability to extrapolate
            information to species not selected for study. Sublethal impacts
            are a major portion of river otter, bear and mink studies.         All
            three studies will look at impacts on reproduction, and the river
            otter study will also assess habitat use activity patterns and food
            habits.    Coordination is being accomplished through frequent
            communications among investigators and meetings with economists and
            restoration planners, facilitated by administrative changes in the
            damage assessment program.

            TERRESTRIAL MAMMAL STUDY NO. 1

            Comment: Since no pathway of exposure to the spilled oil has been
            established, this study is not pertinent to the NRDA process and
            should not be included.

            Response: The potential pathway of exposure is direct contact with
            oil or ingestion of contaminated food when deer are present in the
            intertidal zone.    The greatest potential for exposure exists in
            late winter when deer commonly concentrate in this zone.

            Comment:   The timing and location (i.e., islands) of transect
            sampling for deer carcasses are not described.

            Response: See study plans for 1990.

            Comment:   The use of only one affected island and one control
            island will limit the applicability of study results to other
            areas.


            Response:   Expansion to additional sites will be considered if
            evidence of mortality due to oil is found.

            Comment:    The current design of this study does not indicate
            whether the deer collected for tissue hydrocarbon analysis were
            exposed to oil since deer are not usually in the affected habitat
            (tidal areas) during August. Therefore, the study will be unable
            to demonstrate a clear cause and effect relationship.

            Response: Deer use intertidal areas at all times of year. They
            will be collected on or near oiled beaches. It is reasonable to
            assume that abnormal concentrations of hydrocarbons in tissue are
            an indication of exposure to oil.

            Comment: The need to determine the number of dead deer with rumen
            contents in the lungs is not explained.

            Response: Small to moderate amounts of crude oil consumed by deer
            and other ruminants may cause direct mortality due to disruption of

                                             74










        the rumen fermentation process and aspiration of rumen fluid into
        the lungs.

        TERRESTRIAL MAMMAL STUDY NO. 2


        Comment: There are too many variables to be able to attribute a
        decline of black bear populations due to adverse changes in
        viability resulting from oil contamination.          These include
        differences in habitat, food habits and population dynamics
        (especially dispersal) among oiled and control areas.     The study
        description provides no statistical basis for inferring changes in
        the black bear population from a population model and no
        information on the sensitivity of the model to initial input
        conditions, nor is there information on the accuracy and precision
        of the model predictions. The Kenai Peninsula mainland cannot be
        used as a control area because habitats there are not comparable to
        habitats in oiled areas of Prince William Sound.

        Response: This study was not implemented as described in the 1989
        public review draft. For 1990, it will include a literature review
        only.

        TERRESTRIAL MAMMAL STUDY NO. 3

        Comment:  The sampling procedures used in this study will,likely
        result in more mortalities in these species than have been recorded
        as spill-related, and river otters and minks should be studied only
        if there is convincing evidence that they were exposed to oil and
        were injury.

        Response: Spill-related mortality among these species is largely
        unquantified.   However, significant impact is likely because of
        concentration of oil in intertidal areas where these animals feed.
        Collections are a necessary step in establishing exposure to oil.

        Comment:  The study plan does not describe specific sites, only
        general areas, of sample and control locations and there is no
        description of whether there is one site per area or several sites
        per area.    Also, it is unclear whether Kenai and the Alaska
        Peninsula will be treated in the same way as sites closer to the
        spill.

        Response: See study plans for 1990.

        Comment:   The objectives of determining mortality, documenting
        declines in populations, and determining changes in distribution
        and food habits in oiled and unoiled areas are not achievable
        because of the lack of baseline data.

        Response:   These objectives will be achieved by comparing oiled
        with non-oiled study sites. Certainly, availability of baseline
        data would be desirable. However, it is not considered essential
        to complete the damage assessment.



                                         75












            TERRESTRIAL MAMMAL STUDY NO. 4

            Comment: The study description provides no statistical basis for
            comparing brown bear mortality, abundance or productivity between
            oiled and non-oiled areas, given that an inherent problem with
            monitoring programs such as this is an inability to detect
            statistically significant differences between natural effects and
            those resulting from man.

            Response: See study plan for 1990.

            Comment: The study description is insufficient to determine the
            validity of the study design. For example, it appears that there
            is no study of a non-oiled site for brown bear mortality,
            abundance, or productivity to be used as a control. Also, there is
            insufficient information on sample design and whether replicate
            samples will be obtained.

            Response: See the study plan for 1990.

            Comment:   Mortality and productivity of brown bears in the oil-
            affected area and control area cannot be compared since habitat use
            and population characteristics of bears in two areas are likely
            dissimilar.

            Response: The oiled and non-oiled study sites were chosen because
            of habitat and population similarities. Comparison of mortality
            and productivity to assess damage is therefore appropriate.

            TERRESTRIAL MAMMAL STUDY NO. 6

            Comment: This study is not cost-effective because 1) there is no
            justification for a two-year feeding program since there is no
            environmental scenario which a two-year study would mimic, and 2)
            minks' delayed implantation may not be representative of typical
            mammalian reproductive biology.

            Response: An extended program is justified because oil is expected
            to persist for several years in the intertidal areas where mink
            feed. It therefore may contaminate food chains, be ingested, and
            potentially impact reproduction. Findings of this study will have
            direct application to the identification of injury to wild mink, as
            well as other mammals that have similar reproductive biology
            (including otter and bears).

            Comment: This study cannot be justified unless there is accurate
            information available on the amount and condition of oil ingested
            by minks during the spill.

            Response:    The amount of oil ingested by wild mink will be
            estimated by determining hydrocarbon levels in tissue and bile and
            by measuring the contamination of food items.

            Comment: Mammals in affected areas have been exposed to oil that
            has weathered over time; each stage of reproduction, therefore, has

                                             76









        not been affected by oil with the same characteristics, and the
        study description does not discuss differences in comparisons using
        weathered oil rather than fresh oil.

        Response: Weathered oil will be used in this study.

        Comment: There is no description of types of statistical analyses
        or of criteria for determining numbers of replicates overall (or
        even by type of assay to be completed).

        Response: See the study plan for 1990.
















































                                         77














































                                                             BIRD












          BIRD STUDIES COMMENTS

          Comment: Bird study budgets appear to be insufficient given the
          number of bird tissue samples to be taken.

          Response: Funds for hydrocarbon analysis for all damage assessment
          studies are allocated to T/S No. 1, Hydrocarbon Analysis. The bird
          study budgets, therefore, do not include funds to cover analytical
          costs.


          Comment:   Prior relevant research is not referred to in the
          background or objectives sections of the   bird studies and should
          have been taken into account in designing   these studies.

          Response:    Previous research factored    significantly into the
          development of the bird study plans. The 1990 NRDA plan provides
          additional information and bibliographies  to more fully inform the
          public of some of the prior research , that was reviewed and
          considered in the development of these study plans.

          Comment: The counting and collection of eggs, chicks and adults
          and performance of necropsies on dead specimens during nesting
          season is undesirable and will be conducted without proper control
          experiments.

          Response:   The Trustees recognize that some of the activities
          conducted during the NRDA process may result in some additional
          disturbance to wildlife. However, it is essential that this work
          be carried out to enable the Trustees to assess, as thoroughly as
          possible, the scope of injury to trust resources. Therefore it is
          essential that counts and collections of eggs, chicks, and
          specimens be carried out as described in the study plans. Every
          effort has been made to reduce further impact on wildlife species.

          Comment: The tone ofthe Plan evinces a prejudice on the part of
          the authors about the results of the bird studies. Studies should
          continue for more than one year; dead birds should be examined for
          causes of death other than oil; pre-existing data should be used to
          assess reduced hatchability, decreased reproductive success and the
          delay of onset of breeding and decreased fertility of eggs rather
          than invasion of nesting sites; non-invasive measurement of control
          groups in local areas not affected by the spill should be.
          undertaken instead.

          Response:   The intention of the Trustees was to outline studies
          needed to assess damages.    In response to information needs and
          recommendations of the principal investigators, reviewers, and the
          public, seven of the bird studies are continued this year. Dead
          birds are being examined to determine, when possible, if causes
          other than oil caused death. Reduced hatchability will be assessed
          from various studies, including, but not limited to preexisting
          data. Appropriate control groups have been selected to increase

                                           78









           the accuracy of study results.

           Comment:   Methods for application of the bird study results to
           assessment of economic damage are poorly elaborated.

           Response: The economics study team is in the process of developing
           a mechanism to apply the results of the bird studies, as well as
           the other NRDA studies, to assess economic damages.           Various
           alternatives will be developed. It is not possible to elaborate
           more fully on that process at this time.           Selection of an
           appreciate mechanism will occur after data on injury are available.

           Comment:   The studies will not address all injuries to all bird
           species potentially affected by the spill and the injury to be
           identified is too limited.

           Response: The NRDA process is not intended to address all injuries
           to all species of birds potentially affected by the oil spill. The
           selection of the studies evolved from recommendations from
           knowledgeable scientists regarding species that were likely to have
           been significantly injured as a result of the spill. In addition,
           an effort was made to include representative species from which
           data could be extrapolated to a wider population of birds.        The
           added benefit of attempting to identify specifically all injuries
           to all affected species of birds likely would not be cost-
           effective. Injury data will be used to estimate the period of time
           necessary for recovery of the species and will be synthesized into
           the restoration planning process as well as into the economic
           valuation process to determine an appropriate use value. Some data
           collected during the 1989 and 1990 oil spill years may indicate
           sublethal impacts such as the success of reproductive (clutch size,
           fledgling success).      consideration was given to conducting
           additional studies to identify sublethal impacts, however, the
           Trustees determined that the cost and feasibility of such studies
           weighed aqainst the incorporation of such studies in the plan and
           that adequate evidence exists for determining injury.         It was
           determined that refining estimates of active mortality (for
           example, B/S No. 1) and identifying impacts of colony population
           would provide more reliable and useful information in determining
           injury.

           Comment: There is insufficient detail concerning the methods of
           restoring bird populations and habitat.

           Response:   Before effective restoration strategies can            be
           identified, it is necessary to determine the extent of the injury.
           Based upon data collected from the 1989 season, the 1990 plan
           identifies possible restoration projects.      Restoration projects
           require long-term planning and extensive data -- which were not
           available at the time the 1989 plan was published.

           Comment: More information is needed regarding the qualifications

                                            79









         of the personnel conducting the studies.

         Response:   The principle investigators have been selected because
         they were qualified in both of two categories: 1) They have worked
         for a number of years in Alaska specifically with the species
         concerned with their project, and have published and presented
         their results in professional meetings, journals, and other venues.
         2) They worked for either a federal or state wildlife agency and
         could therefore be put into the field at very short notice (a few
         weeks).   Listing the qualifications of the personnel used in
         connection with the NRDA studies is irrelevant to the quality
         review of the studies. The 1990 study plans provide greater detail
         on the methodologies of the studies, which allow a better
         evaluation of the individual studies.


         BIRD STUDY #1

         Comment:   Bird Study No. 1 does not explain how the "minimum
         mortality" will be used to estimate the "overall mortality" of
         waterbirds.

         Response:   The minimum mortality is the total body count.        The
         purpose of bird study number 1 is to improve the accuracy of the
         estimate of total bird mortality by factoring in the ratio of birds
         recovered to the ratio lost by drift, sinking, scavenging,
         unsearched shorelines and failure to find. Results of field trials
         and information from last year's search efforts will be modelled to
         narrow the range of mortality estimates.

         Comment: There is a lack of detail and inadequate presentation of
         the study proposal in the NRDA Plan. Concerns regarding methods,
         statistical reliability, confidence limits, sample sizes, and
         utilization of prior research were repeatedly mentioned.

         Response: These concerns have been addressed in the 1990 Plan.

         .Comment: Objective A cannot be differentiated from objective B.

         Response: Objective A refers specifically to total numbers of dead
         birds reported to all of the receiving stations. This number would
         have included birds collected by other agencies, State and Federal,
         and Exxon. Objective B refers to the number of dead birds picked
         up in standardized Beached Bird Surveys conducted by the FWS.

         Comment: This study's use of the terms "mortality", "lost use" and
         "habitat" is unclear.

         Response:   Unless referred to as overall mortality, the term
         mortality is used to define fractions of the total number of birds
         which may have died as a result of the EVOS. "Lost use" refers to
         a loss of use of the def ined resource by the public.       Loss of
         habitat refers to a loss of the use of the def ined habitat by

                                          so









            animal species.

            Comment:   The term "appropriate numbers" of beaches needs to be
            clarified.

            Resl2onse: This term refers to selection of a statistically valid
            sample size.

            Comment: Care needs to be exercised in   the interpretation of drift
            experiments because confidence limits in the proportion of birds
            reaching the beaches will be large and vary seasonally.

            Response:    The 1989 drift experiment was considered a "pilot"
            project designed to -gain insight into the statistical and
            logistical requirements of a large-scale drift project.          These
            concerns have been incorporated into a drift study proposal for the
            1990 field season.

            Comment: It is unclear whether objectives A and B integrate data
            collected by Exxon boats.

            Response: Birds collected by the Exxon fleets were turned in to
            receiving centers and were included in numbers of dead and dying
            birds reported by the FWS.

            Comment: It is not clear whether there is adequate information on
            the historical beached bird survey efforts to draw accurate
            conclusions, as stated in objective D.

            Response:   This was unknown at the time the plan was written.
            After examination of the historical beached-bird data, it was shown
            to be inadequate to meet objective D and this objective was deleted
            from-further consideration.

            Comment: . A single season of observations immediately after the
            spill will be inadequate to meet objective E.

            Response: The 1990 study plan   indicates that a longer study period
            is being considered.

            Comment: Objective E, which    is to calculate overall  mortality in
            conjunction with bird population surveys and seabird colony
            censuses, presents the possibility that the external influences of
            these other studies will dictate correction factors and any
           ,mortality estimates will be nothing more than rough approximations.

            Response: Objective E,was rewritten to include consideration of
            numerous other variables in an overall estimate of mortality. It
            is agreed that present figure     's quoted as figures of overall
            mortality are considered preliminary estimates and require further
            study.and analysis.


                                              81











        BIRD STUDY NO. #2

        Comment:   Bird Studies Nos. 2 and 3 rely on pre- and post-spill
        surveys for which adequate control sites may be difficult to
        establish. Instead, to determine cause and effect, these studies
        should incorporate chromatographic verification of petroleum
        contamination, gross pathology, histopathology and enzyme assays.

        Response: Bird Studies Nos. 2 and 3 are not relying exclusively on
        pre- and post- spill surveys, but are also assessing results from
        other studies outside the spill zone that will serve as additional
        controls. Dead birds archived in frozen storage will be examined
        to provide additional information on petroleum contamination.
        Samples taken from fresh bird carcasses last year and from fresh
        bird carcasses that may be found this year will receive thorough
        necropsy examination and toxicological and histopathological
        analyses.

        Comment:   Blood smears should be taken from apparently healthy
        birds in B/S Nos. 2 and 3 to examine whether red blood cells
        exhibit lesions characteristic of hemolytic anemia induced by oil
        ingestion; collection of liver samples from sick and dying birds
        and liquid nitrogen assays to ascertain aryl hydrocarbon
        hydrogenase activity and other mixed-function oxygenase enzymes.

        Response: Collection of hematological and liver samples were not
        part of the objectives of B/S Nos. 2 and 3 which surveyed birds
        along aerial and boat transects and censused seabird colonies,
        respectively.    Blood samples taken from- birds in the recovery
        centers have been analyzed. In addition, blood samples taken from
        bald eagles are being analyzed.       Liver samples collected  -  from
        shorebirds and from birds in the recovery center are in frozen
        storage.

        Comment: There is not enough information available on the survey
        methods to be used in this study.

        Response:    The aerial survey portion of this combined air/boat
        Migratory Bird Population Distribution and Abundance Study was
        designed to determine whether differences in migratory bird
        population distribution and abundance could be found between
        historical (1971 survey by Haddock) and the 1989 oil spill year.
        Aerial surveys began immediately after the spill (within four days)
        and continued just ahead of the spreading oil. These data, along
        with later surveys during July and October, were compared in order
        to determine whether the oil spill caused a major decline in any of
        the migratory bird species or caused disruption of the normal use
        of oiled shorelines and nearshore waters by migratory birds.

        This survey was designed as an index to migratory bird populations
        and was not designed to provide a total population of the study

                                          82









            area. The entire coastline in the study area was surveyed during
            March, May, and July. More than 80% of the shoreline was covered
            during the October survey which was cut short because of inclement
            weather. Two partial surveys of the shorelines being affected by
            the spreading oil were completed on April 8, 1989 and again on
            April 20, 1989.

            This survey was intended only as a population index which covered
            the entire shoreline of the study area.      It was not a survey of
            selected sample areas that would then be extrapolated to the total
            population of the survey area; therefore, statistical testing was
            not required. There were no "new" aerial survey techniques used
            during these surveys.         All surveys employed time-proven,
            standardized aerial survey techniques used throughout the FWS for
            surveying migratory bird populations.

            Haddock's survey of 1971 is the only baseline data available. That
            survey was done using the same methodology as the 1989 surveyst
            making the data reasonably comparable. Survey dates for the 1989
            surveys were selected to coincide with the approximate dates of the
            1971 surveys conducted by Haddock. Oceanographic factors were not
            integrated into the study design as the survey was designed to
            closely follow the timing and methods used during that historical
            survey of 1971.

            Comment:   Whether recovery rates will be observed accurately is
            questionable.

            Response: Recovery rates cannot be accurately determined following
            the first year of the study (objective C). These surveys may be
            continued for a number of years following the spill in order to
            identify any residual large scale effects to migratory bird
            populations and distribution caused by the oil spill. The aerial
            portion of the combined air/boat study plan did not consider the
            possibility that age of first breeding would be affected if a large
            proportion of adults died in 1989.

            Comment: The methods of the study were "too briefly presented."

            Response:    More detail regarding methods is provided in the 1990
            plan.    Four surveys per year were conducted based on normal
            seasonal migration of waterfowl and waterbirds.. The summer survey
            was conducted during late July and early August; the fall survey
            during early October; winter survey during late February and spring
            survey during May.

            Weather parameters for each survey were restricted to a minimum
            1,500 ft ceilings, 10 miles horizontal visibility and surface winds
            of 15 kts or less..

            A total of four aircraft, three single-engine, fixed wing and one
            multi-engine amphibious aircraft were used for the survey in order

                                              83









          to complete the survey within a reasonable time period when fair
          weather could be expected. The fixed wing aircraft contained one
          pilot and one observer in a side-by-side seating arrangement. The
          multi-engine amphibious aircraft contained at least one pilot and
          two observers, one observer seated in the right seat beside the
          pilot and one seated on the pilot's side of the aircraft.

          single-engine aircraft were used for the shoreline surveys and near
          shore pelagic surveys. The multi-engine amphibious aircraft were
          used for pelagic surveys and a few shoreline surveys on distant
          islands where extended over-water flights were necessary to reach
          the survey area.

          All single-engine, fixed-wing aircraft were configured for float
          operations. The aircraft were flown at approximately 150 ft above
          water level and 200 meters off shore, following the shoreline as
          closely as possible given the aircraft's capabilities, and
          maintaining an airspeed of 95 - 100 mph. The pilot recorded all
          birds and sea mammals observed within a 200 meter space out the
          left side of the aircraft.       The observer was responsible for
          recording all observations within that 200 meter distance between
          the aircraft and the shoreline, including the immediate shoreline.
          Date, beginning and ending time of the survey, environmental
          variables, i.e. wind speed and direction, air temperature, cloud
          cover and type, ceilings and visibility were recorded for each
          survey date.    Times were recorded on (or about on the hour)
          throughout each day's survey.

          Comment:   The planning horizon for these studies should be on the
          order of a decade rather than a year, and there was a lack of
          synthesis among studies.

          Response:   These concerns will be corrected in the 1990 plan by
          providing more detail. A mechanism is in place to share data among
          studies and to evaluate how the various studies might aid each
          other and avoid duplication.

          Comment: The objective "Identify potential alternative methods and
          strategies for restoration of lost use, populations, or habitat
          where injury is identified" appeared in all proposals without
          further reference.

          Response: This objective has been amended in the 1990 proposal for
          B/S No. 2.  Restoration methods will be addressed after additional
          data is available to evaluate injury to bird species.

          Comment: The budgets were unreasonable.
          Response:   Apparently, reviewers expected "travel"        to incl,4de
          travel within the PWS, whereas, at least in B/S No. 2, it refers
          only to travel to and from the field.       Travel costs within@the
          Sound are contained in other categories, including contracts,

                                            84









          supplies and equipment.

          Comment: The study should integrate the impacts of oceanographic
          factors that may have affected seabird distribution and abundance
          in 1989?

          Response: Trustees cannot control such factors, but have attempted
          to limit their effects on population estimates with an adequate
          sample size, and by conducting the surveys three times during the
          summer in PWS.      Such repeated sampling was not logistically
          possible on the KP or in Kodiak Island waters.

          Comment:   There is no identification of the baseline data to be
          used in Objective B.

          Response:   There are data from surveys in PWS in 1972, 1984 and
          1985. There have been annual surveys in Kodiak Island waters for
          10 years. These surveys do serve as an index to which post-spill
          data can be compared.

          Comment: It will not be possible to determine recovery rates after
          one season, (and indeed, this may take years). The study design
          should take into account the possibility that age of first breeding
          will be affected if a large proportion of adults died in 1989?

          Response:    The best study design to account for all long-term
          effects is to conduct the surveys over several years.

          Comment:    This study and other similar studies appear to be
          research- oriented and unnecessary to assess natural resource
          damages as required by NRDA regulations?

          Response: Trustees have determined that estimating populations of
          animals after the spill, and comparing these estimates to previous
          estimates, is necessary to assess damages and is not research
          oriented.

          Comment: Insufficient information has been provided to evaluate
          whether this study can determine that any reduction observed in
          oiled areas represents actual 'mortality or simply movement out of
          the area.

          Response: This study does not attempt to differentiate between
          mortality and movement out of the area.        In any event, either
          eventuality might be a result of the spill, and thus considered
          injury.

          Comment: The statistical treatment of the data provided in this
          study is inadequate.

          Response:   The 1990 study plan was written so as to avoid this
          criticism.    The sampling design (random selection of transect

                                            85









          locations), sample size (i.e. number of transects) and analytical
          methods were determined using accepted statistical methods.

          Comment: Due to the heterogeneity of the natural environment, it
          is difficult to make valid comparisons between oiled and non-oiled
          areas with a given year.

          Response: One way to mitigate this problem is to use historical
          data. one can then ask whether a decline from pre-spill to post-
          spill years in the oiled area is also found in the non-oiled area.

          BIRD STUDY NO. 3


          Comment: There is need for multi-year work and there are problems
          associated with the brevity of a two-page proposal or plan.

          Response:    The 1990 Plan provides for a possible multi-year
          approach and a more detailed proposal of the study. This allows
          for a greater understanding of the actions to be taken and greater
          detail on the experimental and analytical methodology, a geographic
          scope, and statistical validity of this study.

          Comment: Part A of objectives could not be performed without at
          least a 1990 census.

          Response: If the change in population is large enough, a one year
          series of census may be informative and provide appropriate
          baseline data. Additional censuses are provided for in the 1990
          plan.

          Comment:   The planning horizon should be a decade, not a year.
          This was not a "fascination for long-term research," but rather a
          recognition that the population effects must be dealt with on a
          time scale consistent with the generation time of the organism
          under cons iderat ion- -hence the need for multi-year study projects.

          Response: This is correct. As indicated in the 1990 plan, most,
          and maybe all, questions may need more than one year to find
          answers.


          Comment:   There is a lack of specific details concerning census
          methodology.

          Response: The more detailed study plans for 1990 have additional
          information concerning census methods and data analysis.

          Comment: Other control sites, such as Middleton Island, should be
          used rather than "non-oiled" colonies in PWS, as these colonies
          could also be suffering various, less obvious effects from the
          spill.

          Response: Although not mentioned in the original study plan, the

                                           86









           agency did include data from 1989 work on Middleton Island murres
           in the February 1990 report. The results there paralleled those
           observed on the other control, the Semidi Islands.        The Semidi
           Islands were chosen as a control site because they are located
           farther from the oil than the colonies in PWS, but not so distant
           as to be unrelated to the same food and biological factors
           controlling reproduction.    Additionally, baseline data from the
           Semidi Islands is available for certain seabird species in the GOA.

           Comment: The possibility exists that birds from non-oiled colonies
           are being exposed to and affected by oil on their staging or winter
           habitats, thus confusing comparisons between non-oiled and oiled
           colony sites.

           Response: Ordinarily, this would be a valid concern for seabirds.
           However, the EVOS was kept relatively close to the shore by wind
           and current and impacted the winter and stag ing/migrat ion ranges of
           seaducks, loons, and those diving seabird species that were present
           at colony sites (primarily murres).     This is one of the reasons
           that the murres on Gull Island were not used as a control, because
           the flocks of murres in the vicinity of the Barren Islands may have
           contained some from other nearby colonies not directly in the
           spill's path. Murres tend to gather close to colony sites on the
           water in April and hence the Semedi Islands murres were probably
           the least likely of our control study sites to be compromised in
           this fashion.

           Comment: The choice of study species is incorrect. Some burrowing
           alcid, such as Tufted Puffin, should have also been included.

           Response:   Some burrowing alcid (Pigeon Guillemot) and burrowing
           procellarid (Fork-tailed Storm-Petrel) species were examined along
           with the cliff nesting species. Bird Study No. 7 examined storm-
           petrels and evaluated changes in burrow occupancy.         While the
           colony study (#3) did census pigeon guillemots in some areas, B/S
           No. 9 covers this species best at the one site where an excellent
           baseline exists. over the whole range of the colonies affected by
           the spill, the examination of the species composition of the 30,000
           dead birds recovered before August 1 showed that puffins
           constituted 0.9 per cent of the total while murres composed 73.7
           per cent. There was a surge of immature puffins that died and were
           collected between August I and October 13, 1989. Since all species
           could not be evaluated, the Trustees chose species demonstrating
           the most likely effects (morgue) and those with the best baseline
           of data available (cliff nesters).

           Comment: Murres are being excluded from the planned studies except
           for general abundance and distribution surveys.

           Response:   Murres do not have an intensive productivity study
           strictly oriented towards them because no murre colony in the oil
           affected area is conducive to the type of land-base observations

                                            87









         that this requires. However, the sites where this was possible,
         such as the Semedi Islands and, to a lesser degree at Puale Bay and
         Middleton Island, have had productivity studies done in 1989 (two
         by this study and one by another independent FWS group).

         Comment: This study is more research oriented and not necessary to
         assess natural resource damages.

         Response:   The Trustees do not consider censuses /monitoring of
         cliff-nesting seabirds such as kittiwakes and murres as research.
         The term "research" implies that there is no general consensus of
         the proper techniques to census statistically these species. This
         comment 15 years ago would have been valid, but it is not now and
         this is recognized in the literature, professional societies
         (Pacific Seabird Group), universities, and government agencies.

         Comment: This study focuses on cliff-nesters and ignores crevice-
         or burrow-nesters; there is an unstated assumption that cliff-
         nesters and burrow-nesters are affected equally by the spill.

         Response:  The study focused primarily on cliff-nesting seabirds
         for precisely the reasons discussed earlier: the methods are
         established, and it is not a research matter.            As for the
         assumption mentioned, no such assumption is stated or implied in
         B/S No. 3. The important factor is not whether they are cliff- or
         burrow-nesters; rather it seems like diving birds and their
         presence or absence at crucial times is the key factor. So diving,
         burrowing, resident species like Pigeon Guillemot may have been
         affected negatively while a diving, burrowing puffin which had not
         returned to the colony until May would not.       The same dichotomy
         could apply to cliff-nesting seabirds in terms of diving versus
         surf ace-f eeding species.   The species composition of the birds
         picked up from the beaches strongly suggest this. Any assumption
         underlying these studies is more likely to be based on these
         considerations.

         Comment:   Are one or two surveys conducted sometime during the
         previous 17 years adequate to calculate possible reductions in
         breeding colony sizes that can be related to oil spill effects.

         Response: At least three of the study areas have been censused 6-
         12 years of the previous 17 years and may provide adequate
         information to evaluate change.

         BIRD STUDY NO. 4

         Comment: The study was flawed due to lack of pre-spill data.

         Response:   While Pre-spill data would have been helpful, it was
         limited. Comparable population surveys were conducted in 1979 and
         1982. These benchmark surveys will provide a point of comparison.


                                          88









            Comment: What is the availability of data collected by Exxon?

            Response: The data collected by Exxon in this study is available,
            but no data collected by Exxon will be used as primary data.

            Comment: Is the number of surveys adequate?

            Response: To clarify any misunderstanding concerning surveys, both
            weekly and monthly surveys were and will be conducted in 1990. The
            weekly surveys will be conducted over a smaller sample area while
            the monthly surveys will be conducted throughout the spill area.
            Clarifying language was added to the 1990 proposal.

            Comment: There should be additional sites.

            Response: The number of sites with comparable data are limited.
            Locations outside of Alaska will not be used due to the difficulty
            in demonstrating comparable habitat and ecological condition. The
            available data from Southeast Alaska and other coastal eagle
           @populations will be used for comparison.

            Comment: Details of some methods were not adequately supplied.

            Response: More information is supplied in the 1990 plan.

            Comment:   Methods identified in the study may cause changes in
            behavior.

            Response: Identical methods are used in experimental (oiled area)
            and control (non-oiled area) populations.        Methodologies are
            standard field practice and unlikely to cause the differences
            observed between oiled and non-oiled areas.


            Comment: Contaminants should be identified.

            Response: The contaminants are hydrocarbons found in crude oil,
            heavy metals indicative of Prudhoe Bay Crude Oil (particularly
            vanadium and nickel), and other contaminants often found in birds
            of prey that may be responsible for the observed effects, but not
            from the spill (DDE, PCB's, and others).

            BIRD STUDY NO. 5

            Comment: This is a well planned study but preliminary data Aggest
            that few peregrines were present in PWS in 1989 which may-prevent
            completion of parts of this study.

            Response: An adequate number of peregrines were present in 1989 to
            allow collection of data on most parts of this study.

            Comment:   A survey will have to be done in 1990 to determine
            whether more than two peregrines still exist in PWS.

                                             89











        Response: surveys are planned for 1990.

        Comment: Chlorinated hydrocarbons should be examined closely with
        the overall objective of determining which contaminants are
        responsible if reproductive failures do occur.

        Response:   Eggs will be collected and analyzed for presence of
        organochlorine pesticides to assess their possible role in any
        reproductive failure. See the 1990 study plan for details.

        Comment: A small sample of fat should be taken from adults of the
        species since blood reflects only the contaminants consumed within
        the last few days, whereas fat reflects the contaminants that have
        been stored over months or years.

        Response: Collection of fat samples was rejected because it is too
        intrusive and because no baseline data are available in the
        literature for comparison.

        Comment:    The information from this study is only marginally
        important to either damage assessment or recovery and since few of
        the raptors recovered after the spill were falcons and a
        substantial raptor study also exists. This study is not necessary
        or reasonable.


        Response:   The low recovery rate of falcons may have occurred
        because the birds died in locations other than on beaches where
        they likely would be discovered. Studies on other raptors will not
        provide direct information about impacts on this species.

        Comment: It is impossible to determine from the study description
        if (a) standard and widely accepted methods are employed, (b)
        possible biases are accounted for, (c) surveys accurately represent
        assessment areasl (d) possible errors in scaling results are
        accounted for, and (e) results are statistically valid.

        Response: See the study plan for 1990.

        Comment:    This study inappropriately evaluates new "suspected
        nesting territories" on which no historical data are available; it
        further uses new methods, such as helicopter surveys, rather than
        boats as used in previous surveys making any historical comparisons
        scientifically invalid.

        Response:    The study will not rely heavily upon historical
        comparisons within the study area because very little historical
        data are available.      Therefore, evaluating suspected nesting
        territories will not be a problem.      Helicopter surveys will be
        supplemented by use of boats to improve comparability to surveys
        outside the study area that were reported in the literature. See
        the 1990 study plan for more details.


                                         90










            Comment: Peregrines are not particularly easy to locate, therefore
            surveys need to be performed with particular care to avoid mistaken
            conclusions based on inadequate field effort.

            Response: Surveys will be conducted by experienced, knowledgeable
            personnel.

            Comment: The study description does not state how methodologies
            such as helicopter observation, trapping of adults in nets, blood
            sampling, and inspection of nests will be performed on control
            groups, which may make study results inconclusive.

            Response: Results from the study area will be compared with data
            reported in the literature. In addition, concurrent and historical
            population surveys conducted in Norton Sound will provide a partial
            control.


            Comment: The study description does not state how blood samples
            are to be handled, derivatives extracted and tested, and does not
            examine whether 20 birds will provide a representati    've sample or
            that the loss of blood will not act synergistically with other
            factors to raise mortality among the test group. The goal should
            be to collect the optimal minimum amount of blood necessary to run
            the proposed tests and that collection of more than two to three
            percent of body weight is strongly discouraged, even in healthy
            adult birds.

            Response: Collection of blood has been deleted from the study.

            Comment: A 1990 survey will be required to complete this study.

            Response: A survey is planned for 1990.

            BIRD STUDY NO. 11

            Comment:   This study is well-designed and potentially could be
            concluded successfully in 1989 because it concerns wintering birds,
            however, hydrocarbon analysis will require more time than the
            February deadline for completion.

            Response: The study will be continued in 1990.

            Comment:   The term "reproductive potential" is not adequately
            defined and there is no indication in the methods description as to
            how this will be measured.

            Response:   Reproductive potential will not be measured by this
            study. See the 1990 study plan for details.

            Comment: It is not clear what is meant by "intrinsic values" nor
            is it stated in the methodology how this will be measured.


                                             91









         Response: Intrinsic values will not be measured by this study, but
         will be considered in the economic studies.      See the 1990 study
         plan for details.

         Comment:   How many birds will be collected and how will they be
         collected.


         Response: See the study plan for 1990.

         Comment:   This study is research oriented and is not necessary to
         assess natural resource damage.

         Response:    This study is focused very specifically on damage
         assessment. See the 1990 study plan for details.

         Comment: It is impossible to determine from the study description
         whether (a) standard and widely accepted methods are employed, (b)
         possible biases are accounted for, (c) surveys accurately represent
         assessment areas, (d) possible errors in scaling results are
         accounted for, and (e) results are statistically valid.

         Response: See the study plan for 1990.

         Comment:   The study description does not state any methodology
         which would conclusively identify what the individual or population
         effects of the oil spill might be; the objective to "develop a data
         base describing food habits of sea ducks" is irrelevant to
         assessing oil effects.

         Response: See the study plan of 1990.

         Comment:    There is no description of statistical analysis and
         without such analysis any results generated are inconclusive.

         Response: See the study plan for 1990.

         Comment: The February deadline will have to be extended in order
         to complete contaminant analysis on samples taken this winter.

         Response: The study will continue in 1990.

         Comment:    There is no mention of results being statistically
         validated.

         Response:    This study was reviewed for statistical validity.
         Additional information is supplied in the 1990 plan.







                                          92































I


















                             HISTORIC AND ARCHAEOLOGICAL



















I













          ARCHAEOLOGY STUDY COMMENTS

          Comment:   Archaeological sites are not natural resources and
          therefore are not properly subject to the CERCLA damage assessment
          process.

          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 damage assessment
          process.

          Comment: The impact of oil on radiocarbon dating, soil chemistry,
          artifact analysis, and biological decomposition of artifacts should
          be considered.

          Response: The study plan calls for excavation and analyses of soil
          samples and archaeological materials to identify chemical and
          physical changes caused by oil contamination.      An. experiment is
          planned to determine whether materials normally used for
          radiocarbon dating can be decontaminated in the laboratory once
          they have been contaminated by oil. The potential impacts of oil
          on microanalytical chemical studies is not a focus of the current
          study plan.

          Comment:   Surface and subsurface archaeological sites s   hould be-
          included in assessing the impact of oil on cultural resources.

          Response:    The study plan assesses injury to historic and
          prehistoric surface and subsurface cultural resources.

          Comment:     The   economic   value   of   replacing   an    affected
          archaeological site could not be estimated given that it is a
          nonrenewable, irreplaceable resource.

          Response: The study plan speaks of restoration and rehabilitation
          of the archaeological resource; options for replacement or
          acquisition of the equivalent destroyed or injured resources, and
          an estimation of that cost, remains under review.

          Comment: The impact of increased vandalism to archaeological sites
          should be considered. Similarly, baseline data regarding artifact
          movement or loss should be determined, and action taken to mitigate
          any injuries-resulting.from the vandalism.

          Response: The study plan recognizes the occurrence of vandalism to
          cultural resources in the spill affected area in 1989 and the
          potential for further vandalism in 1990. The plan calls for site
          visits to gather baseline data on vandalism and to assess
          post-shoreline treatment vandalism at a sample of the known sites
          in the spill area. These data will augment information collected
          in 1989. Site protection is not an element of the current study.


                                           93








          It is more properly the f ocus of the Archaeological Resource
          Protection Act.

          Comment:    Surface artifacts in immediate danger of loss due to
          relic collection or natural erosion should be collected.

          Response: The study plan calls for field surveys to improve the
          estimate of the total number of sites in the spill affected area.
          This project will include collection and curation of artifacts that
          are in immediate danger of loss through any means.

          Comment:   A hypothetical clean-up site should be constructed to
          determine the potential effect of various clean-up methods on
          archaeological sites.

          Response: The cost of replicating an archaeological site in the
          laboratory is prohibitive and there is no assurance that subsurface
          field conditions could be duplicated accurately.

          Comment: Native corporations should participate in the process of
          site selection and all data should be  available to the corporations
          for review and comment.

          Response: Should sites be selected,    in addition to those selected
          for the 1990 study, the Trustees may   consider recommendations from
          interested parties.     The Trustees   are considering making data
          public at an appropriate time, subject to applicable state and
          federal confidentiality requirements pertaining to archaeological
          sites.

          Comment: The archaeological study should analyze whether the oil
          spill resulted in increased public knowledge of archaeological
          sites and whether increased long-term vandalism can therefore be
          predicted.

          Response:   The study plan recognizes vandalism as an impact and
          calls for its identification and quantification; it does not
          specifically address the long-term potential impacts on cultural
          resources caused by an increased public knowledge of them.         Any
          prediction would be speculative.

          Comment: Each cultural site should be studied individually and, in
          defining a representative sample, the study should recognize the
          uniqueness of each cultural site.

          Response: The study recognizes that each site is a unique entity,
          but the limitations of time, personnel, and cost preclude examining
          each and every site in the oil spill impact area for injury.

          Comment:     Criteria must be developed to determine which
          archaeological tests will be performed at each site and to regulate
          entry onto private lands.



                                            94








        Response: The specifications for the special projects called for
        in the study plan will contain detailed descriptions of the tests
        and procedures to be used. Study plan activities do not include
        entry onto private lands.

        Comment: The study should include a provision for the return of
        culturally sensitive materials that have been curated as a result
        of the studies.

        Response:   An objective of the study plan is to allow for the
        development of a program to restore and rehabilitate archaeological
        resources.  The return of culturally sensitive materials curated as
        a result of the studies is more properly a subject for
        consideration during the restoration phase.

        Comment:    Damage resulting from marine erosion may have been
        aggravated by oil spill activities and should be addressed in the
        study.

        Response: The study plan calls for investigating erosion which may
        have been caused or initiated by oil contamination or shoreline
        treatment activities.


        Comment: The Alaska State Historic Preservation Office should be
        identified as the lead agency for coordinating archaeological
        injury assessment studies.

        Response: The USFS as been designated the lead agency for managing
        the archeology damage assessment study plan. The State Historic
        Preservation Officer is the chairperson to the Archaeology Steering
        Committee, which is responsible for developing and implementing all
        projects undertaken through the revised study plan.

        Comment: Injury to archaeological sites from oil spill clean-up
        activities should be made a part of the injury assessment process.

        Response:    The study plan recognizes that shoreline treatment
        activities may have affected archaeological sites and provides for
        the gathering of information on actual impacts.

        Comment:   The funds budgeted for the archaeological study are
        inadequate to survey the entire spill-damaged coastline.

        Response:  The study plan calls for a sample survey of the affected
        shoreline,  not its total length.

        Comment:    A separate operating budget to study impacts to
        archaeological sites is not specified.

        Response:   The current study plan includes a separate operating
        budget.

        Comment: The impact on archaeological sites should be included as
        a component of the intrinsic value study, and contingent valuation

                                         95








            methods should be employed to survey Alaska Native and
            scientist/archaeologist populations.

            Response: Effects on archaeological resources may be included in
            the description of the environment affected by the spilled oil when
            surveys are administered under E/S No. 7. The stratification of
            the sample among sub-groups of the population, e.g. Alaska Natives,
            has not yet been determined.

            Comment:   Greater detail regarding the procedures to be used to
            value any damages to archaeological resources caused by the spilled
            oil and clean-up activities is needed.

            Response: General information regarding the economic valuation of
            archaeological studies is provided in the study plan for E/S No. 9.
            The specific procedures employed may produce damage estimates used
            in litigation.   They therefore constitute confidential information
            unavailable during the study process.

            Comment:   Native corporations should be consulted regarding the
            choice of experts who will conduct the archaeological study.

            Response:   The activities conducted to identify any injury to
            historic properties and archaeological resources will be performed
            by the contractor that responds to a request for proposals and is
           'awarded the contract. The Trustees will consider informing native
            Trustees of the status of this process.

            Comment: The NRDA Plan ignores possible damage to archaeological
            sites in low-lying  coastal areas affected by the spill.

            Response: The study plan provides for the assessment of possible
            damage to historic properties in submerged, intertidal, and shore
            margin upland zones along the coastal areas affected by the spill.

            Comment: The number of archaeological sites affected, by the spill
            should be determined and site sampling undertaken.

            Response:    The archaeological resource study provides for a
            determination of representative sites for historic properties and
            for sampling of these sites.

            Comment: The methods and analyses of the economic studies should
            incorporate alternative analytical models that have already been
            developed to value archaeological resources..

            Response:      Alternative   analytical   methods    and valuation
            methodologies will be considered.

            Comment: The   economic valuation of archaeological site injuries
            appears to consider only known sites.

            Response: Economic study No. 9 includes an effort to estimate the
            population of,affected sites.

                                             96








          Comment: Economic study No. 9 does not address compliance, quality
          control, ways to ensure preservation, or methods of evaluation;
          furthermore, it does not contain specific proposals that would
          permit a contractor to conduct a professional job.

          Response: Economic study No. 9, as described in the NRDA Plan, is
          not intended to be a request for proposals from contractors. The
          archaeology study is designed to identify and quantify damage to
          historic properties and the study activities will be performed in
          a manner consistent with Department of Interior Standards and
          Guidelines for Archaeology and Historic Preservation.

          Comment: Injury to archaeological resources should be included in
          the damage assessment plan.

          Response:    The 1990 plan includes a study of injuries to
          archaeological resources and an economic study to assess any
          damages.






































                                           97





































                                  TECHNICAL SERVICES












         TECHNICAL SERVICES STUDIES COMMENTS

         Comment: The list in Appendix A of petroleum hydrocarbon compounds
         to be considered for identification and quantification in water,
         tissue and sediment samples should include the known metabolites of
         crude oil, especially that from the North Slope.

         Response: The Trustees believe that Appendix A contains the proper
         metabolites that can be identified through this process.

         Comment: Appendix A of the Draft Plan omited Section 2.3 of the
         Quality Assurance/Quality Control Plan.

         Response: Sample preservation and holding times are now discussed
         in Appendix A, Section 2.2 of the 1990 NRDA Plan.

         TECHNICAL SERVICES STUDY NO. I

         Comment: The introduction to this study should state that chemical
         analysis is the only conclusive method for determining the presence
         and source of oil.

         Response:   The Trustees agree that in order to determine that a
         sample contains petroleum hydrocarbons, chemical analysis must be
         done. This notion is implicit in the plan.

         Comment: Technical study no. 1 should extend to cultural resources
         and evaluate the effect of petroleum exposure on radiometric dating
         techniques.

         Resnonse: This is not a focus of T/S 1. However, an experiment to
         determine whether materials normally used for radiocarbon dating
         can be decontaminated, once they have been contaminated by oil, is
         considered in the Historic Properties and Archaeological Resource
         Study.

         Comment:    A defined protocol for sampling, preservation and
         labelling of samples, analytical practices and measures of quality
         control/assurance,     and   an    analysis   of     inter-laboratory
         comparability is needed.

         Response: Protocols for sample preservation, sample labelling, and
         transporting of samples appear in Appendix A. Analytical standards
         and quality control for chemical analyses are defined in the QA/QC
         Plan. The capabilities of individual laboratories are thoroughly
         reviewed and tested prior to selection for analytical chemistry
         work to ensure that precise and comparable analyses will be
         conducted.

         Comment: This study should include analysis for the presence of
         dibenzothiophenes.


                                          98









           Response:   All samples that are analyzed will be tested for the
           presence of dibenzothiophenes.

           Comment:   Fingerprinting of oil, through.gas chromatography/mass
           spectroscopy of aliphatic and aromatic samples (not flame
           ionization testing), should be considered for litigation purposes.

           Response:    Fingerprinting  of oil utilizing these methods was
           undertaken in A/W Study No.   1 in 1989. It is to be continued, as
           necessary, within T/S Study  No. 1 in 1990.

           Comment:     The method of validating changes in analytical
           methodology provided for in   this study does not permit others to
           review it so as to ensure that valid data will be generated.

           Response: Any changes in analytical methodology will be approved
           through the use of check samples from the National Insitute of
           Standards and Technology.

           Comment: This study is isolated from field studies in that it does
           not describe how intrasite variability is taken into account.

           Response:     Intrasite variability was one of the variables
           considered in formulation of.the sampling scheme.        In order to
           become certified, a laboratory must succesfully analyze the check
           samples and continue to analyze successfully such samples during
           round-robin analyses. Each data set is reviewed by QA/QC officers
           from NOAA and the FWS. No data is released or paid for until it
           has passed this QA/QC review.

           Comment:, Metabolites should be examined in all fish sampled for
           routine hydrocarbon analyses.

           Response:    Analysis of bile hydrocarbon      metabolites will be
           undertaken on all bile samples from fish.

           Comment:,, The standard protocols for necropsy and preservation of
           tissue samples should be made available to the public.

           Response: The 1990 plan include Appendix B, EVOS Damage Assessment
           Plan Histopathology Guidelines.

           Comment: Neither the "Methods and Analyses" section of this.study
           nor the QA/QC documenting Appendix A contains sufficient
           information on sampling and analytical methodologies to permit the
           reader to determine whether analytical data.of acceptable quality
           will be generated.      Standard Operating Procedures and NIOSH
           standards should be made available to the public.

           Response:   Appendix A includes general information on Standard
           Operating Procedures for collecting and handling samples for
           hydrocarbon analysis. The study plan for the 1990 studies include

                                            99










         more specific information on procedures to be used in the
         collection of study-specific samples.      NIOSH standards will be
         included in the report as results and are not included in the study
         plan.

         Comment: The list of hydrocarbon compounds in Appendix A that are
         to be considered for identification and quantification is
         "insufficient," as a large percentage of the compounds listed is
         not found in petroleum at detectable levels or constitutes minor
         components thereof.

         Response:   The list of hydrocarbon compounds for which analysis
         will be conducted was developed carefully to include constituents
         of crude oil and metabolites that may occur in organisms. While
         some of these compounds may be minor constituents of crude oil,
         they may accumulate in organisms and therefore be significant.

         Comment:     There is no standard given in Appendix A for
         documentation.

         Response:     Standards for documentation are provided in the
         individual laboratory QA/QC plans, which are reviewed by the T/S 1
         and the respective agency QA/QC representative.

         Comment:     There are no criteria identified for laboratory
         disqualification.

         Response:   Criteria for qualification of laboratories are defined.
         Disqualification results from failure to meet the qualification
         standards.

         Comment: The budgets allotted to T/S Studies Nos. 1 and 2 are not
         sufficient to support a thorough, scientifically and legally
         acceptable assessment of the oil spill impacts.

         Response:   The Trustees believe that the budgets allotted to plan
         studies are sufficient to support the needed work.

         Comment:    Limitations put on researchers as to the number of
         samples that can be analyzed or the types of analysis that can be
         done is unacceptable.       All field studies should incorporate
         standardized QA/QC programs.

         Response: No limitations have been put on researchers as to the
         number of samples they may collect. Not all samples collected will
         necessarily be analyzed.     If valid new analyses are identified,
         those conducting T/S study No. 1 will evaluate their applicability
         and adopt them, where appropriate.

         Comment:     Were appropriate sampling methods used prior to
         development  of the QA/QC plan.


                                          100










           Response: The QA/QC Plan establishes procedures and standards with
           which the chemical analyses of all hydrocarbon samples must
           conform. The sampling methods utilized by individual projects may
           vary due to the large number of different sample types and methods
           that must be used.    The validity of individual project sampling
           plans is established through a planning process that incorporates
           extensive peer review. Samples that do not meet the guidelines are
           annotated in the database.

           Comment:    Results from intercalibration exercises and data on
           field and analytical blanks should be included in reports resulting
           from this study.

           Response:   The Trustees agree and anticipate incorporating such
           results in reports. See 1990 plan.

           Comment: The budget was too low for this study.

           Response: The budget for T/S Study No. 1 is based on the annual
           workload anticipated for the project.     The full funding of this
           project's needs is assured due to the vital support it provides for
           the NRDA program and the very high priority it has been given.

           Comment: The analytical chemistry will not distinguish North Slope
           crude from natural seeps in the GOA or CI oil spilled from
           platforms.

           Response: Analytical chemistry can differentiate between sources
           of oil in samples taken from the environment.          In addition,
           control organisms will be analyzed to establish the concentration
           of petroleum hydrocarbons in areas not exposed to Prudhoe Bay crude
           oil from the Exxon Valdez.

           Comment: The cost of the study, in view of the lack of a list of
           the number and types of analyses to be conducted, is enormous.

           Response: The cost of this study is based on the projected number
           of samples that will be analyzed. Analyses with high standards for
           QA/QC are expensive.

           Comment: There are no procedures for generating analytical data of
           acceptable quality, and review of procedures by the Analytical
           Chemistry Group is inadequate to provide accountability and
           assurance of satisfactory data.

           Response: The procedures for producing analytical data are very
           demanding.   Each laboratory must check samples correctly before
           samples are released to it and must participate in round-robin
           analyses.   Furthermore, both NOAA and FWS have internal QA/QC
           programs and the data produced at contract laboratories must pass
           these checks before it is released to the data base or to the
           project leaders.

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        Comment:   It cannot be determined from the description of this
        study plan whether sufficient replicate samples would be taken to
        account for intrasite variability.

        Response:   The number of samples taken, by site, to account for
        variability is determined for each project during study plan
        development.    Projects are provided peer review and biometric
        support for sample design.

        TECHNICAL SERVICES STUDY NO. 2


        Comment: There is no description of how preserved tissues will be
        sampled.

        Response: Methods for sampling tissues are described in plans for
        other studies.

        Comment:      More   effort    should  be  placed   on    documenting
        histopathological responses that may lead to long-term effects such
        as genetic abnormalities.

        Response:   A range of histopathological analyses is considered
        within the context of data needs for individual studies.
        Documentation of changes that may lead to genetic abnormalities
        will be considered, as appropriate.

        Comment:   It is questionable whether sufficient control samples
        will be taken to determine the range and various attributes of
        normal cells and tissues.

        Response: Collection of control samples is regarded as important
        .for determining the characteristics of normal cells and tissues.

        Comment:   Frozen tissues of oiled birds collected early in the
        spill should be examined.

        Response: Examination of frozen tissues will be considered in the
        context of information needs for individual studies.

        Comment:    It is not possible to determine whether standard
        histological methods will be used.

        Response: See the study plans for 1990.

        TECHNICAL SERVICES STUDY NO. 3

        Comment: The initial maps, as well as a time table for generation
        of subsequent maps and their distribution, should have been
        included in this study plan.

        Response: Map documents cannot be included in study plans due to
        litigation confidentiality, cost, and the density of data, which

                                          102










            precludes an 8.511 x 1111 format. Mapping in progress is dependent
            upon data supplied by other projects that have widely varying time
            tables and information needs. Therefore a timetable for generation
            of these maps is not possible.

            Comment:   The GIS should be "intelligent," i.e., it should be
            capable of incorporating dynamic models of future conditions and
            integrating different types of existing information into new types
            of information. There was no indication in the study plan that the
            GIS would be intelligent and would fully utilize state-of-the-art
            methods.


            Response:   11 Intelligence" comes with the ability to combine the
            information layers and project scenarios. The planned GIS will do
            this. .

            Comment:   The initial maps should have been circulated with the
            public review draft showing oil damage and movement, the locations
            of some of the field sites chosen for the coastal habitat study and
            A/W studies, and sites with historical data.

            Response: Oil-induced injury is still being investigated. It will
            be determined as various studies reach their conclusions. The 1990
            study plans will include a generalized map of the geographic extent
            of oiling. To the extent that the location of sites to be examined
            in the Coastal Habitat and A/W Studies is not confidential, it is
            contained in the description of the plan for these studies.

            Comment:   There should be a system for cataloging and making
            available to other investigators, as well as the public, the final
            reports by all the various researchers.

            Response: This idea was discussed early in the damage assessment
            process as a "meta-database," a database index to all of the
            information databases. No decision has been made by the Trustees
            regarding the implementation of this concept.

            Comment:   Because of the lack of detail it cannot be determined
            what the products of this study will be and whether the study will
            be cost-effective.


            Response: The study plan for 1990 discusses additional data layers
            that have been added. Products of this study 'will include maps of
            data from these data layers and others as requested by
            investigators and the Trustees.     The ultimate products depend on
            the needs of data users and have not yet been specifically
            determined.

            Comment:   No information is given on scale of-maps,     whether the
            data base will be pertinent, whether the maps can        be used to
            determine levels of hydrocarbons in the sediments or in the water
            column, and whether the maps will' show the area and levels of

                                             lb3









       impact by chosen hydrocarbon levels.

       Response: Maps have been produced in varying scales depending on
       users' needs. The data layers are discussed in the 1989 and 1990
       study plans and are considered by the Trustees to be pertinent.
       The maps will have the capability of showing results of hydrocarbon
       analyses in a geographically referenced format.



1




























































                                        104











































                                       ECONOMICS













         ECONOMICS STUDIES COMMENTS


         Comment: Economic studies should not go f orward until the Trustees
         have estimated recovery time since damages for lost use values will
         be limited to the interim recovery period.

         Response:   Total damages for lost use value are composed of two
         elements.    These are past lost use values and future lost use
         values. Future lost use values depend upon the length of time that
         use of a natural resource has been impaired.                Thereforef
         calculation of future lost use value depends upon estimation of
         the length of time it will take for injured natural resources to
         recover.    Calculation of use value losses that have already
         occurred does not involve estimation of recovery periods. There is
         no reason why these past lost use values cannot be studied at this
         time.

         Comment: The appropriateness of discounting and the discount rate
         to be employed is questionable.

         Response: The ability to compare directly costs and benefits which
         accrue at different points in time is essential to a comprehensive
         assessment of the damages attributable to the EVOS. Discounting
         permits the analyst to convert amounts payable or receivable at
         different dates into similar terms, i.e., equivalent current (or
         present)   value.     With respect to the appropriateness of
         discounting, in general, unless all relevant costs and benefits
         occur in the same year, it is necessary to discount the estimated
         impacts in order to place all attributable costs and benefits
         within a comparable context.

         A specific discount rate has not been selected.             The NRDA
         regulations (43 C.F.R. Section 11.35 (d) 5) state that the discount
         rate to be used in developing estimates of the expected present
         value of benefits and costs shall be determined in accordance with
         Office of Management and Budget Circular A-94 (revised).            The
         Trustees recognize the Office of Management and Budget directive to
         employ a 10 percent real rate. However, the NRDA regulations are
         optional, and the Trustees recognize that there is considerable
         controversy and disagreement within the economics profession
         regarding the "correct" rate.

         Comment: There were several comments on the lack of detail in the
         economics study plans.

         Response:    The economic study plans were intended to provide
         general notice of the types of economic studies that are
         contemplated. The Trustees believe that the descriptions of the
         studies are adequate for that purpose.

         Comment:    The discussion of economic valuation methodologies is
         inadequate and does not explain how the Trustees intend to

                                           105









          implement research methodologies aimed at restoration.

          Resnonse: Restoration is the subject of a separate section of the
          damage assessment plan.

          Comment:    The economic valuation studies do not state the time
          period during which damages will be measured.

          Response: The period of damage measurement depends upon the time
          required for restoration or recovery of injured resources. This
          information will depend on the results of the scientific studies
          being conducted as part of the damage assessment.

          Comment: The Plan is not structured so as to avoid double recovery
          with respect to such issues as reduced land values and
          interdependent services.

          Response:   This comment has been noted and the economic studies
          will be conducted to avoid double counting of natural resource
          damages.

          Comment:    The economic studies fail to take into account the
          effects of  response actions.

          Response:   Where appropriate, the effects of response actions will
          be taken into account in determining damages for injury to natural
          resources.


          Comment: Economic studies should be expanded to include evaluation
          of restoration, replacement, or acquisition of equivalent resources
          rather than lost use values.


          Response: The economic studies are designed to evaluate the losses
          to economic values resulting from the oil spill. Restoration is
          the subject of a separate section of the Plan. The Trustees do not
          view recovery of restoration costs and economic losses to be
          mutually exclusive. Both restoration costs and economic losses can
          be recovered as part of a natural resource damage claim, and both
          of these aspects of the claim are being addressed in the Plan.

          Comment:    These studies do not account for the degradation in
          quality of life that will be suffered by the affected fishing
          communities.

          Response: The damage assessment is designed to assess claims that
          may be brought by. the federal and state governments as public
          trustees for injury to natural resources. To the extent "quality
          of life" is comprised in part of the intrinsic value of material
          resources affected by the spill, these issues will be considered in
          the economic studies.

          Comment:    The travel cost method of valuing losses to the

                                           106









          recreational resource must include participation figures from years
          beyond 1990.

          Response: The decision whether to employ the travel cost method
          has not been made. Should the travel cost methodology be used, the
          appropriate time period for travel cost models will be addressed in
          the study.

          Comment:   Both willingness to pay for an Alaskan recreational
          experience and willingness to accept compensation for damage done
          to the recreational resource should be utilized in the contingent
          valuation studies.

          Response: The use of both willingness to pay and willingness to
          accept will be considered in the contingent valuation study. The
          Trustees will use the method that provides the most accurate
          measure of value.

          Comment:   A single-point estimate of damages should not be the
          measure of these losses. Rather, the losses should be reported as
          distributions.

          Response: Ordinarily, a claim for damages is expressed as a single
          monetary figure. The Trustees also may provide an estimate of the
          range of possible damages, where appropriate.

          Comment: The economic uses studies should better define "economic
          value" to identify how resources with no commercial value will be
          valued.

          Response: The focus of the economics studies is a comprehensive
          valuation of the market and non-market value of the goods and
          services provided by natural resources affected by the oil spill.
          A number of methods exist for determining the value of resources.

          Comment:  None of the economic uses studies adequately addresses
          the intrinsic value of the environment.

          Response:   Several of the economics studies, e..g., Nos. 5, 6, 7,
          and 9, will consider damages associated with the loss of intrinsic
          values in calculating damage estimates.

          Comment:   Restoration, replacement and the acquisition of the
          equivalent of injured resources should be the basic measure of
          damages, consistent with Ohio v. U.S. Department of the Interior;
          use value alone should not determine the extent of damages.

          Response: Restoration is the subject of a separate section of the
          plan. The plan will evaluate both the cost of restoration and loss
          of use and non-use values.

          Comment:    With respect to losses to subsistence households,

                                          107










           addressed in E/S No. 6, the effects should take into account that
           subsistence users who turn to processed food are uninformed about
           dietary balance, or cannot af f ord the costs of maintaining a proper
           dietary balance@with commercially produced foods and the loss of
           raw materials is not easily replaced by purchasing a manufactured
           equivalent.    The handicraft industry, which relies on raw
           materials, cannot be replaced.

           Response: The degree to which substitutes f or subsistence uses are
           adequate will be addressed in the study.

           Comment:   Under the Plan the damages assessment of the loss of
           archaeological resources will be understated. Their primary value
           is intrinsic rather than economic. The impacts on these resources
           should be evaluated in other of the economic use studies such as
           numbers 7 and 8.      The latter should focus on resource-based
           expenditures that are necessitated by     the spill in addition to
           studies planned or begun before the spill. The former should
           specifically address these resources and develop contingent
           valuation methodologies for determining their value.
           Response:   The Trustees will consider methods of evaluating the
           intrinsic value of archaeological and cultural resources.          The
           Trustees will also consider claims for increased resource-based
           expenditures resulting from the oil spill.

           Comment: Economic study No. 7 should extend to cultural resources
           but protect against further vandalism.

           Response: Protection of cultural resources from vandalism is an
           important regulatory task, but is outside the scope of the damage
           assessment except as a possible restoration measure for these
           resources.


           Comment:   The uniqueness of each archeological site should be
           considered in valuing these resources and each site should be
           studied individually.    objective standards should be applied in
           determining what constitutes a representative site. Criteria for
           archeological tests should be developed. Provision should be made
           for return of the studied sites.

           Response:     The Trustees will take the uniqueness of an
           archaeological site into account in conducting this study.

           Comment: The economic use studies do not deal directly with the
           effects on tourism.

           Response: Tourism is considered in the study of the effects of the
           oil spill on recreation.

           Comment: Economic studies relating to fisheries do not specify the
           significance of fish prices vis-a-vis damages covered by NRDA.

                                            108









        They f ail to address restoration.     No valid economic or legal
        relationship exists between degree of competition in input and
        output markets and damages related to public trusteeship.         The
        study confuses consumer surplus and product price concepts. These
        studies may overestimate damages if short-term biomass estimates
        are based on commercial fishermen's catch rate/harvest data since
        recreational fisherman experience net gains when commercial efforts
        are reduced.

        Response: This study is intended to evaluate the effects of the
        oil spill on consumers' surplus in the fisheries market.
        Consumers' surplus is part of the public value of fishery
        resources, and is an appropriate part of a natural resource damage
        claim. The Trustees can recover for lost use values in addition to
        restoration costs. Restoration is the subject of a separate section
        of the Plan. In order to evaluate effects on consumers' surplus
        from the oil spill, study of the competitiveness of the market may
        be required. The Trustees do not believe that they have confused
        product price with consumers I surplus.     Effects on recreational
        fisheries from reduction in commercial efforts should be reflected
        in studies of recreational fishing.

        Comment: Economic study No. 4 will double-count losses since land
        values are based on property use and non-use values, reduction of
        which are being calculated in other studies. Reduced land values
        only become losses if sales actually take place before restoration
        is complete and if the natural recovery period extends beyond the
        period in which new uses will occur.      Increased land values in
        other areas and leaselpermit sales to spill-cleanup and research-
        related activities should be taken not account as offsets. Overall
        study costs are likely unreasonable since the compensable damages
        shown by this study will be very low owing to the low "scarcity
        value" of lands in Alaska.

        Response: The NRDA as a whole will be designed to avoid or take
        into account any double-counting among individual studies.        The
        Trustees disagree with the comment that losses to public land
        values accrue only on sale of the land. Like any other land owner,
        the Trustees are entitled to compensation for the decreased value
        of their land regardless of their immediate intentions for sale or
        exchange of land.     The effect of recovery from injury on land
        values will be taken into account in the study.          Compensating
        effects will also be considered.      Gains to private individuals
        from, e.g. cleanup work are not an offset to public resources
        damaged by the oil spill. The Trustees disagree with the conclusion
        that the value of land comparable to that affected by the oil spill
        is likely to be low.

        Comment:     In E/S No. 5, contingent valuation methods are
        inappropriate because the recreational services are not unique and
        substitute options are available. Data on changes in recreational
        participation may be misleading since reductions in some areas may

                                         109









            be of f set by increases in others and because short-term response to
            the spill may exaggerate the likely long-term effect.

            Response:    Where appropriate, substitution ef f ects and long term
            losses will be considered in conducting this study.

            Comment: Economic study No. 6 does not appear to take into account
            the fact that although some households were negatively impacted by
            the spill, others were able to supplement their income by
            participating in spill cleanup efforts.           It ignores private
            litigation by native corporations and Exxon efforts to deliver food
            and materials to subsistence villages.         Losses to subsistence
            households are not compensable to the Trustees.

            Response: The Trustees are not seeking to make private claims, but
            to evaluate the damage to subsistence uses of resources as a result
            of the spill. The benefits provided to individual households by
            PRPs may be a setof f against private claims, but not against claims
            by public trustees for injury to publicly held natural resources.

            Comment: Given the state of the art in contingent valuation survey
            work, it is improbable that a defensible contingent valuation study
            can measure intrinsic damages in a situation as complex as this
            one. The non-use value concepts that are listed in,E/S No. 7 are
            not applicable to a situation like this one, where there is merely
            a short-term disturbance of the environment and damages may be
            reversible and subject to restoration.

            Response:    The Trustees believe that contingent valuation is an
            appropriate method of measuring losses to intrinsic values in this
            case.     The characterization of the spill as a short term
            disturbance is unwarranted. While the duration of the effects of
            the spill may be relevant to determining the extent of losses in
            intrinsic values, effects need not be permanent to give rise to
            losses ih intrinsic values.

            Comment: With the exception of tagging fish, E/S No. 8 does not
            indicate which research activities were affected by the spill. Nor
            does it indicate how scientific study delays will be valued. Lost
            future opportunities do not constitute committed uses and their
            valuation would be entirely speculative.       Furthermore, the spill
            has created a significant number of research opportunities.

            Response: The Trustees are in the process of identifying research
            activities that were adversely affected by the oil spill.
            Additional out of pocket expenses caused by the spill will be
            calculated.     Other valuation methods may be considered.          only
            actual studies are currently being considered.           The Trustees
            disagree with the suggestion that the oil spill created benefits by
            necessitating study of how much harm it caused.

            Comment:    'Economic study No. 9 does not indicate how damaged

                                              1110









        archeological study sites will be valued. Suppositions regarding
        damages owing to upland site erosion or inland contamination appear
        to be unfounded.


        Response: The Trustees have not made a final determination on how
        damaged archaeological sites will be valued. Damages will be based
        on actual injury, not supposition.

        Comment: The study descriptions do not explain how the assessed
        damages will be collected/divided.

        Response: If the PRPs do not pay the damages voluntarily, damages
        will be sought through litigation.         The Trustees have not
        established a precise mechanism for determining how damage awards
        will be allocated among projects to restore, replace or acquire the
        equivalent of injured resources.

        Comment: Researchers should use more than one valuation technique
        for resources that generate more than one good/service. "Natural
        resource slander" should be evaluated in analyzing losses that have
        occurred as a result of changes in human behavior. Valuation should
        take into account the current and future scarcity, as well as
        changes in quality, of the affected resources.

        Response: Where appropriate, more than one valuation technique may
        be used for certain resources. The Trustees have not made a final
        determination regarding whether "Natural resource slander" is an
        appropriate element of damages in this case. Where appropriate,
        the Trustees may take into account the scarcity of resources in
        determining their value.

        Comment:    Economists and scientists should work together in
        evaluating  the natural resources damages.      The studies do not
        appear to be integrated with the restoration and scientific study
        plans.

        Response:   Economists and scientists have worked on the damage
        assessment plan, and will work together on the assessment.

        Comment:   A study of the economic damages caused to human health
        should be done.


        Response: Human health is not, in itself, a natural resource. At
        the same time, use of natural resources may be impaired where they
        are contaminated to the extent that they pose a threat to human
        health.   Thust human health implications of the oil spill are
        addressed indirectly in the assessment by considering health
        effects of restoration measures, and in determining the loss in
        value of subsistence resources.

        Comment:   All of the losses to the commercial fishing industry
        should be calculated in E/S Nos. 1-3 so as to capture restoration,

                                         ill









            residual, and lost consumer surplus costs that private litigants
            may not recover.

            Response: This is the objective of these studies.

            Comment: Economic study No. 4 should delineate methodologies and
            have them reviewed by qualified economists.

            Response:    All economic studies have been reviewed by qualified
            economists.

            Comment: Economic study No. 5 does not identify which of the three
            methodologies it mentions will be utilized. It should estimate the
            growth in recreational activities that would have occurred without
            the oil spill rather than assuming that 1988 figures would have
            continued.

            Response:    A f inal decision has not been made on the precise
            methodology that will be employed.        The Trustees will consider
            growth in recreation, to the extent that it can be adequately
            estimated.

            Comment: Economic study No. 7 should be designed so as to capture
            all natural resource injuries, including the loss of pristine
            character and ef f ects on the ecosystem as a whole in PWS.           it
            should also attempt to calculate the uncertainty of long-term
            impacts of the spill so as to capture human perceptions of the oil
            spill's effects appropriately.          Willingness to accept and
            willingness to pay approaches should both be used to calculate
            losses of intrinsic value.          The study should be conducted
            throughout the United States, perhaps using subgroups such as
            Alaska residents, subsistence users and the remaining U.S.
            residents. The spill's impact on archeological sites should be a
            component of E/S No. 7. - Otherwise a contingent valuation study
            specific to these resources should be undertaken.

            Response:     The Trustees will consider all these factors in
            designing the contingent valuation study.

            Comment: A restoration plan that includes cost estimates based on
            restoration/ replacement/ acqui sit ion values is not the equivalent of
            a restoration-based damages assessment. Acquisition of replacement
            habitats should be evaluated since restoration for indivdual
            species injured may not be possible.

            Response:    Restoration is a central focus of the Plan.             The
            Trustees will consider acquisition of equivalent habitats where
            appropriate.

            Comment:     The Economic Uses studies have vague and probably
            unrealistically low budgets.


                                              112









         Response: The Trustees believe that the budgets for the economic
         studies are appropriate in light of their objectives and the
         overall needs of the damage assessment.

         Comment: The Coastal Habitat study should explain how it will be
         coordinated with the economic studies and the restoration plan.
         The mere fact that shorelines were oiled should be considered an
         injury in the Coastal Habitat studies and assessed economically in
         E/S Nos. 5 and 7.

         Response: Where appropriate, injury to coastal habitats will be
         taken into account both in restoration and in the determination of
         economic losses arising out of the oil spill. The precise method
         of measuring these losses depends on the results of the Coastal
         Habitat study.

         Comment: The contingent valuation studies should take into account
         both biological and geophysical injuries.

         Response:    The Trustees will consider biological as well as
         geological factors in the contingent valuation studies.

         Comment: Creating bioeconomic models outside commercial fishing
         would be useful for the economic studies.

         Response: Thus far, commercial fishing is the only area where the
         Trustees have determined that a bioeconomic model may be useful and
         appropriate.

         Comment:   The f ocus of EIS No. 5 should be expanded to include
         existence, option and bequest values. otherwise, the losses will
         be undervalued.      This study fails to identify how a survey
         respondent is determined to be a recreational user or not.

         Response: All aspects of intrinsic value will be considered in the
         context of the most appropriate economic study for inclusion in the
         intrinsic value study. Survey respondents could be identified as
         recreational users by asking them.

         Comment:    The economic studies attempt to reduce losses to
         subsistence uses to market values, but they are integral to the
         native lifestyle and hold non-monetary benefits that are not being
         valued.


         Response:   The Trustees will consider -measurement of non-market
         values of subsistence resources.

         Comment:    In determining economic methodology to be used, the
         Trustees should have determined whether a restoration/replacement
         cost or a diminution of use value approach will form the basis of
         the measurement of damages.


                                          113









           Response: The regulations (43 C.F.R. Section 11.35 (d) 2) state,
           "If existing data are insufficient to perform the Economic
           Methodology Determination, this analysis may be postponed until the
           Assessment Plan review stage at the completion of the Injury
           Determination phase of the assessment." As stated earlier, use of
           the regulation are optional. Insufficient data to quickly value the
           natural resources impacted by the EVOS, due to its size and
           complexity, made it necessary for the Trustees to postpone the
           Economic Methodology Determination. Furthermore, the decision in
           Ohio v. U.S. Department of the Interior indicates that both
           restoration/ replacement and diminution of use and nonuse values are
           elements of a natural resource damage claim.

           Comment:   Economic study No. 6 needs quantitative socioeconomic
           impact studies and ethnographic studies by anthropologists.

           Response: Anthropologists will be involved in evaluation of damage
           to appropriate resources.

           Comment:   Appropriate E/S No. 1 should take into account other
           aspects of the 1989 commercial fishery - seafood prices declined
           worldwide as a result of the oil spill.

           Response: Evaluation of market effects of the spill may require an
           analysis of world markets.

           Comment:  There is no assurance in the Plan that losses only to
           committed uses will be measured. It appears from the Plan that E/S
           Nos. 4, 8, and 9 will quantify losses to resources for which there
           are only speculative uses.

           Response: Because the NRDA regulations are optional, there is no
           legal requirement that the damage assessment be limited to losses
           of committed uses in all of the economic studies. Nevertheless, it
           is the Trustee's current intention to focus on committed uses. E/S
           Nos. 4, 8, and 9 will quantify losses to potential, not
           speculative, uses.

           Comment:    Economics Study No. 4, which extends the trust
           responsibility to the role of proprietor, is not warranted by the
           Clean Water Act, CERCLA or the NRDA regulations.

           Response: Under applicable law, the federal and state governments
           are trustees for public lands affected by the oil spill, and are
           entitled to the loss in value of public lands as a result of the
           spill.

           Comment:   Economic study No. 8 should focus on resource-based
           expenditures that are necessitated by the spill in addition to
           studies planned or begun before the spill.

           Response:  Resource-based expenditures necessitated by the spill

                                           114










        are not a focus of E/S No. 8. The objective of this study is to
        determine   any  injuries  and   economic  loss  from   research
        investigations affected by the spill.
















































                                       115














































                                      RESTORATION












I














        RESTORATION STUDIES COMMENTS

        The perceived lack of attention to restoration was a major theme of
        public comments on the 1989 NRDA plan. significant changes have
        been made to the Restoration Planning Project (RPP) in 1990. The
        scope and budget for restoration planning have been expanded
        substantially, and it is expected that restoration planning will
        play an even greater role in the overall NRDA process next year.
        There is also a commitment to public involvement in the restoration
        planning process, and a variety of public events have already been
        held.

        Comment:   Although  restoration was identified as the Trustees'
        primary objective, the Plan's restoration analysis has been severed
        from the damage assessment. It should be an integral part of the
        quantification of injury and determination of damages. The Plan
        fails to develop a restoration methodology plan or procedures for
        determining recovery periods or evaluating restoration alternatives
        or their costs. There should be a resource recoverability analysis
        showing the amount of time needed by each resource to recover to
        its baseline state before economic damages are measured.

        Response: Although efforts in 1989 focused on the assessment of
        damages from injury to resources, the RPP is now in fully underway
        and is part of the NRDA. One of the products of the Restoration
        Planning Project will be a restoration methodology plan, and in
        developing that plan the Restoration Planning Work Group (RPWG) is
        evaluating restoration alternatives and costs. The RPWG is also
        exploring ways to predict and monitor natural recovery times and is
        considering how these relate to the selection of restoration
        alternatives.

        Comment:    Restoration alternatives should include cleanup and
        natural recovery as well as acquisition of replacement habitats and
        equivalent resources.     They should include diversification of
        hatchery production.

        Response: Restoration options which address injuries from both
        the oil itself and subsequent clean up activities are being
        developed.    In determining the appropriate response to these
        injuries, a wide range of potential restoration projects will be
        considered, including replacement, acquisition of equivalent
        resources,    diversification of hatchery production, and natural
        recovery.    on-going clean-up activities, per se, are addressed
        through the response action rather than the restoration program.
        The Trustees recognize, however, that the long-term presence of oil
        residues in the environment is an effect of the EVOS that may have
        to be addressed following the formal clean up-response action.

        Comment:     Any restoration plan must include discussion of
        acquisition of equivalent resources for south central Alaska since

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            restoration for the totality of that environment is not possible
            and because restoration is often very costly given its results.
            Acquisition opportunities that might be time-limited should be
            identified.    Acquisition of replacement habitats should be
            evaluated since restoration for individual species injured may not
            be possible.

            Response: Under federal law, sums recovered for injury to natural
            resources must be used to restore, replace, or acquire the
            equivalent of injured resources. Consideration of the replacement
            of habitats and acquisition of equivalent resources will not be
            restricted to the immediate oil-spill area, and will include
            southcentral Alaska. Time-limited acquisition opportunities will
            be identified.

            Comment: Restoration must be provided for each species within the
            class of species an indicator species represents.

            Response:   In some cases restoration alternatives will be directed
            toward individual species, including those represented by "indi-
            cator species."     The primary focus of restoration planning,
            however, will be on projects that benefit multiple species and
            ecosystems.

            Comment:   The objective of restoration should be return to a
            "without spill" environment rather than a pristine or "pre-spill"
            environment. "Pre-spill" conditions should not be considered the
            baseline for purposes of assessing restoration costs owing to the
            fact that there is natural variance in resource levels, ecological
            succession and human activities which affect resource levels. The
            baseline should take into account the uncertainty of being able to
            establish a baseline.

            Response:   It is recognized that the environment is dynamic and
            that some ecological changes would have been occurring even without
            the EVOS.     These factors will be taken into consideration in
            developing restoration alternatives. However, the Trustees also
            believe that where information about pre-spill conditions is
            available,   those   conditions are     highly   relevant   to the
            determination of a baseline for restoration work.

            Comment: Th e restoration goal of returning the injured elements of
            the environment to their pre-spill conditions is unrealistic since
            pre-spill conditions were not known for seabirds, otters and other
            pinnipeds, among others.

            Response:   The restoration goal is not unrealistic and must be
            evaluated on a resource by resource basis.     Targeting indicator
            species and using an ecosystem approach are two ways of working
            with the existing baseline data.

            Comment: The Plan focuses on. lost use values but does not explain

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        how these are consistent with any restoration objective.

        Response: The RPWG is working to identify projects to restore the
        environment as well as the services that the environment provides.
        Both direct impacts and lost-use and non-use values will be
        considered.

        Comment:   The restoration plan should have included preliminary
        categories of restoration activities and planning so that field and
        laboratory studies could undertake preliminary evaluations of
        feasibility and priority.

        Response: In 1990, the RPWG has already identified a wide array    of
        restoration alternatives; additional options will be identified    on
        an on-going basis.      The feasibility of a limited number        of
        potential restoration projects is being tested in the field        in
        1990; we anticipate conducting additional feasibility studies      in
        subsequent years.

        Comment: The restoration process should recognize the importance
        of restoration to archaeological sites.

        Response:    The RPP considers cultural resources, including
        archaeological sites, to be appropriate subjects for restoration
        activities. The RPWG is working with concerned organizations and
        individuals to help identify appropriate techniques for restoration
        of these resources. Restoration Technical Support Project No. 3
        includes development of a feasibility study regarding the
        stabilization and restoration of archaeological resources.

        Comment:   The material devoted to restoration planning should
        contain criteria by which the effectiveness of restoration plans
        can be analyzed and plans for monitoring/testing success thereof.
        There is no standard for adequacy of restoration plans.

        Response:    Criteria for evaluating and plans for monitoring
        restoration projects are being developed. Preliminarily, criteria
        against which a project will be considered for inclusion in a
        restoration plan include:    (a) addresses natural resources injured
        by EVOS, (b) is technically feasible, and (c) is expected to be of
        net environmental benefit.

        Comment: The restoration plan is vague, does not identify who will
        be responsible for restoration, and appears to plan for restoration
        only of commercially valuable species. Nor does it appear to be
        geared toward restoration as soon as possible after the spill. The
        Trustees should get a restoration plan underway as soon as possible
        even if it obscures the damage assessment, since the primary
        objective is to restore the environment.

        Response: Although initial efforts focused on the assessment of
        damages from injury to resources, restoration planning is now fully

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            underway, and is the responsibility of RPWG, a state-federal
            interagency task force. Restoration plans will become increasingly
            detailed and substantive as the effort progresses.      The RPWG is
            attempting to bring an ecosystem perspective to the process, and
            restoration efforts will not be limited to species commercially
            valuable.     The RPWG is identifying restoration needs and
            opportunities that may be initiated as soon as funds are available.
            It is not desirable or necessary for restoration planning to
            obscure or preempt the damage assessment. Rather, the RPP is part
            of the NRDA. Combined with the results of the other NRDA studies,
            it should result in the presentation of a damage claim that is
            sufficient to implement the restoration plan.

            Comment: Scant attention is paid in the Plan to restoration. A
            lead agency should be designated to focus on restoration.

            Response: The ADF&G and the U.S. EPA are the lead agencies for the
            RPP. Restoration planning is now fully underway and will become
            increasingly important the damage assessment phase is completed.

            Comment: The Plan does not indicate that restoration costs will be
            compared to use values to ensure their reasonableness, as the Ohio
            v. Department of the Interior case dictates.

            Response:    Any damage claim presented to the responsible parties
            will be consistent with applicable law.

            Comment:    Many of the investigations proposed provide static,
            rather than dynamic, data needed for assessing predictive changes
            and for development of a restoration plan.      The plan may not be
            adequate because of the lack of modeling efforts and indications
            that statistical analysis will be incorporated.        Traditionally,
            restoration planning activities would develop models to predict the
            fate of oil remaining in the environment and the expected
            population changes, both natural and oil-related.       These models
            would include natural recovery as a viable restoration alternative.

            Response: Natural recovery is being considered as a restoration
            alternative.     The results of research, including modeling
            exercises, to predict population changes will be considered in
            development of the restoration plan.

            Comment: The Plan will not assess restoration costs. It does not
            factor in all restoration costs, including non-use values.
            Specific restoration efforts may be unavailing if the ecosystem has
            not been restored first.

            Response:   one of the objectives of the RPP is to identify the
            costs of implementing potential restoration projects.        Specific
            restoration projects will not be undertaken if the condition of the
            ecosystem is such that it cannot sustain the resource for which
            restoration is intended.     In general, the RPWG is identifying

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         projects that aim to restore resources at the ecosystem, rather
         than species, level.      Replacement and acquisition of equivalent
         resources will be considered.

         Comment:        Damages    assessment    must    take    into     account
         restoration/replacement/acquisition costs. This Plan essentially
         adopts the "lesser of" approach rejected by Ohio v. Department of
         the Interior. "Lost use value" is an incomplete valuation method.
         A restoration plan that includes cost estimates based on
         restoration/ replacement/ acqu is it ion values is not the equivalent of
         a restoration-based damages assessment.

         Response: The NRDA, which includes the RPP, is taking into account
         the   costs    of   restoration,     including   direct     restoration,
         replacement, and acquisition of equivalent resources. The RPP does
         not follow the "lesser of" approach.

         Comment: The restoration plan does not indicate how the coastal
         habitat and A/W studies will be used in support of the restoration
         efforts, particularly acquisition of habitat.

         Response: As directed by federal law, the RPP seeks to identify
         restoration options for injured natural resources, including air,
         water, and coastal habitats.       Injury to these resources will be
         addressed in the restoration plan. Results of the coastal habitat
         study will be especially helpful in identifying potential sites for
         restoration projects and by serving as an index to the health of
         intertidal ecosystems.

         Comment: The Plan fails to describe in sufficient detail its scope
         and design of restoration so as to ensure that restoration of PWS
         will occur in a scientifically sound, well-organized and cost-
         efficient manner.

         Response:    The RPP is fully underway in 1990, and restoration
         planning will become increasingly detailed and substantive as the
         process continues.

         Comment:     The Plan should address methods of ensuring that
         restoration steps are necessary and avoiding the inaccuracies of
         relying on extrapolation of long-term damages from short-term
         impacts.

         Response: The restoration methodology plan that will be developed
         by the RPWG will address methods for determining appropriate
         restoration steps.

         Comment:    The Plan states too cursorily the role that natural
         recovery may play     in the restoration process and none of the
         restoration studies earmark funds for making this determination.
         Reference should be   made in the Plan to the work that has been done
         in the past on this subject.

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           Response: Natural recovery is one of the alternatives considered
           in the restoration plan for each of the injured resources.
           Restoration Technical Support Project No. 3 includes the
           development of a feasibility study on "monitoring natural
           recoveries."   Relevant existing information on natural recovery
           will be considered as part of this process. A literature search
           for restoration materials in underway.

           Comment: Given the lingering effects of spilled oil, funds should
           be made available for at least ten years to study long-term effects
           on sea otters as recompense for natural resources, such as dead sea
           otters, that cannot be restored.

           Response:   A variety of mechanisms to carry out and support such
           a program may be appropriate.      Replacement and acquisition of
           equivalent resources are also potential restoration projects that
           can be responsive to losses of sea otters.

           Comment:    Restoration objectives in the injury determination
           studies are inadequate for restoring populations or habitats.

           Response: The restoration objectives in the injury determination
           studies are intended to ensure that field investigators provide
           appropriate information to the restoration planning group for use
           in restoration studies.    The ultimate objectives of restoration
           will include restoration of injured populations and habitats.

           Comment: There is no delineation of the methods for public input
           into the restoration planning process.

           Response: See current plan.



























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