[Federal Register Volume 66, Number 216 (Wednesday, November 7, 2001)]
[Notices]
[Pages 56339-56340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27911]



[[Page 56339]]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[OR-120-9260PD-241A; 01-0344]


Intent To Conduct Restoration Planning: M/V New Carissa Natural 
Resource Damage Assessment

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of intent.

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SUMMARY: The Natural Resource Trustees for the M/V New Carissa oil 
spill have chosen to enter into the restoration planning phase of a 
Natural Resource Damage Assessment. The purpose of this phase is to 
prepare a plan for the restoration, rehabilitation, replacement or the 
acquisition of the natural resources injured, destroyed or lost, or the 
uses of which were lost, as a result of this spill.

FOR FURTHER INFORMATION CONTACT: Larry Mangan, Bureau of Land 
Management, Coos Bay District, 1300 Airport Lane, North Bend, OR 97459. 
He may be reached by telephone at 541-751-4231.

SUPPLEMENTARY INFORMATION:

Public Notice

    U.S. Department of Interior; U.S. Department of Agriculture; State 
of Oregon, Departments of Environmental Quality and Fish and Wildlife; 
Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians; and 
the Confederated Tribes of the Siletz, Oregon.

Notice of Intent To Conduct Restoration Planning

M/V New Carissa Oil Spill

    On February 4, 1999, the M/V New Carissa, a 194-meter bulk cargo 
ship in ballast, went aground approximately 5 kilometers north of the 
north jetty of the entrance to Coos Bay, Oregon. On or about February 
8, 1999, the stranded vessel began leaking oil, an in situ burn was 
conducted, the vessel split in two, and additional oil was released. 
The bow section was refloated and towed offshore, only to break its 
tow, release some oil and re-ground approximately 110 km to the north 
at Waldport, Oregon, where additional oil was released. The bow section 
was again refloated, towed to sea, and sunk. The stern section remains 
stranded near the entrance to Coos Bay. In all, an estimated 25,000 to 
70,000 gallons or more of oil were released into the waters off the 
coast of Oregon. The oil spill is referred to in this Notice of Intent 
to Conduct Restoration Planning (``Notice''), issued pursuant to 15 CFR 
990.44, as the ``Incident.''
    Pursuant to section 1006(b) of the Oil Pollution Act of 1990 
(``OPA''), 33 U.S.C. 2706(b), the following officials have been 
designated trustees of natural resources for this Incident (Trustees): 
the Secretary of the U.S. Department of the Interior, represented by 
the State Director for Oregon/Washington of the Bureau of Land 
Management, and the Secretary of the U.S. Department of Agriculture, 
represented by the Regional Director of Recreation, Lands and Minerals, 
Forest Service Region 6; the Directors of the State of Oregon 
Departments of Environmental Quality and Fish and Wildlife; and the 
Tribal Chairmen of the Confederated Tribes of the Coos, Lower Umpqua, 
and Siuslaw Indians and of the Confederated Tribes of the Siletz, 
Oregon. The Trustees are responsible for assessing the damages to 
natural resources under their trusteeship that have resulted from the 
Incident, developing a plan for the restoration of these resources, and 
pursuing funding from responsible parties for implementation of this 
plan or implementation of the plan by the responsible parties 
themselves. The Trustees are proceeding in accordance with the 
regulations for natural Resource Damage Assessments at 15 CFR part 990.
    One of the goals of OPA is to make the environment and the public 
whole for injuries to natural resources and services resulting from an 
incident involving a discharge or substantial threat of a discharge of 
oil from a vessel into or upon the navigable waters or adjoining 
shorelines. This goal is achieved through the return of the injured 
natural resources and services to baseline and the provision of 
compensation for interim losses of such natural resources and the 
services they provide, to other natural resources and/or the public, 
from the date of the incident until recovery.
    Among the parties responsible for the Incident (``Responsible 
Parties'' or ``RPs'') are Green Atlas Shipping, S.A., the owner of the 
M/V New Carissa; TMM Co., Ltd., its operator; and Benjamin Morgado, the 
master of the M/V New Carissa at the time of the Incident. Green Atlas 
Shipping, S.A., and TMM Co., Ltd., through their agent, Polaris Applied 
Sciences, have participated with the Trustees in the performance and/or 
partial funding of the following emergency restoration and 
preassessment data collection activities: emergency restoration 
measures for the western snowy plover, a study by a mutually approved 
contractor (The Nature Conservancy) to ascertain injuries to the 
western snowy plover; an analysis by a mutually approved contractor (R. 
G. Ford Consulting Company) to determine injuries to seabirds and 
shorebirds; a study to determine lost recreational use; and collection 
of a variety of natural resource data relevant to the Incident. These 
RPs, through their agent, Polaris Applied Sciences, also have provided 
comments to the Trustees on the conduct of and the reports resulting 
from these activities. The Trustees have invited the Responsible 
Parties, Green Atlas Shipping, S.A., and TMM Col, Ltd., to participate 
in the restoration planning phase of the Natural Resource Damage 
Assessment.

Trustees' Determinations

1. Determination of Jurisdiction

    The Trustees have made the following findings pursuant to 15 CFR 
990.41:
    (a) The Trustees have jurisdiction to pursue restoration pursuant 
to the Oil Pollution Act, 33 U.S.C. 2702 and 2706(c). The spill of 
25,000 to 70,000 or more gallons of oil from the M/V New Carissa 
beginning on or about February 8, 1999, into the waters of the Pacific 
Ocean, off the Oregon Coast, approximately 5 kilometers north of the 
entrance to Coos Bay, was an ``incident'' as defined at 15 CFR 990.30.
    (1) The M/V New Carissa, a ``vessel'' as defined at 33 U.S.C. 
2701(37), spilled the entire quantity of oil involved in this Incident.
    (2) The M/V New Carissa discharged oil into or upon the navigable 
waters and the adjoining shorelines, including the waters of the United 
States adjacent to the Oregon coast and within several Oregon 
estuaries, including Coos Bay.
    (b) The Trustees have determined that:
    (1) This Incident was not permitted under federal, state or local 
law;
    (2) The M/V New Carissa is not a public vessel, as defined at 15 
CFR 990.30; and
    (3) The discharge of oil did not occur from an onshore facility 
subject to the Trans-Alaska Pipeline Authority.
    (c) Based upon information gathered during the removal phase of the 
Incident and the preassessment phase of their Natural Resource Damage 
Assessment, the Trustees have determined that, due to the amount and 
type of oil spilled, the location of the spill, and the living and non-
living natural resources, and uses in the area at the time of the spill 
(including but not limited to birds, fish, marine biota, sand 
sediments, water, and public use of those resources), natural resources 
under their trusteeship have been

[[Page 56340]]

injured, destroyed or lost and use of those natural resources has been 
lost as a result of the Incident.

2. Determination To Conduct Restoration Planning

    The Trustees have determined, pursuant to 15 CFR 990.42 (a), that:
    (a) Data collected and analyzed pursuant to 15 CFR 990.43 
demonstrate that injuries to natural resources have resulted from the 
Incident, including but not limited to the following:
    (1) Injury to a wide variety and number of seabirds and shorebirds, 
among them marbled murrelets and western snowy plovers (species listed 
as threatened under the Endangered Species Act, 16 U.S.C. 1531-1544), 
and loss or impairment of reproduction potential for these species. The 
report entitled ``Seabird Mortality Resulting from the M/V New Carissa 
Oil Spill Incident February and March 1999,'' included in the 
preassessment data report and jointly funded by the Trustees and Green 
Atlas Shipping, S.A., and TMM Co., Ltd., estimates that more than 2,300 
seabirds and gulls were killed by the Incident, among them 262 marbled 
murrelets. In addition, that same report estimated that 460 to 809 
shorebirds were oiled as a result of the Incident.
    (2) Lost public recreation use, including lost or diminished 
opportunities for public camping, wildlife viewing, shellfish 
harvesting, fishing, off-highway vehicle use, and hiking. The Trustees 
estimate that between 27,974 and 29,204 public trips were affected by 
the Incident.
    (b) Response actions during cleanup and emergency restoration 
measures implemented during early stages of the Incident have not 
adequately addressed the injuries resulting from the Incident. Response 
efforts included burning a significant portion of the oil on board the 
ship and cleaning up oil stranded along the beaches. Nevertheless, a 
substantial amount of oil was released onto the beaches and into the 
open ocean, resulting in injury to natural resources. Although response 
measures included collecting and cleaning oiled birds, only a small 
percentage of the birds affected by the oil were treated; and many 
birds perished as a result of the Incident. Emergency restoration 
measures were designed and implemented for the western snowy plover, a 
threatened species, but such emergency measures for other injured 
shorebirds and seabirds were not feasible at the time.
    (c) Potential assessment procedures to be used to evaluate injuries 
and to design and implement the appropriate type and scale of 
restoration for these injured natural resources and services consist 
of, but are not limited to:
    (1) Field studies to ascertain restoration suitability of various 
tracts of land;
    (2) Compiling of demographic data for key species;
    (3) Computer modeling of population and mortality data;
    (4) Analysis of habitat information to properly scale restoration 
needs.
    (d) Feasible primary and compensatory restoration actions exist to 
address injuries from the Incident. Restoration activities are expected 
to focus on seabirds, shorebirds, and lost recreation uses. Restoration 
could include actions to protect and enhance habitat for seabirds and 
shorebirds. Specific efforts for wildlife could include acquisition and 
protection of shorebirds and seabird habitats. To address lost public 
recreation use, restoration could include development of projects to 
enhance public access and use of resources not accessible during the 
Incident. Feasible restoration actions relevant to the injuries may 
include, but are not necessarily limited to:
    (1) Acquisition of seabird and shorebird habitat from willing 
landowners;
    (2) Enhancement/protection of nesting locations of seabirds along 
the Oregon Coast;
    (3) Recreation projects on the North Spit of Coos Bay, in the Dunes 
National Recreation Area and in the Waldport area, to facilitate 
visitor use.
    Data supporting these determinations are contained in the Record 
including the Preassessment Report.
    Based upon the foregoing determinations, the Trustees have chosen 
to proceed with restoration planning for this Incident.

Opportunity to Comment

    Pursuant to 15 CFR 990.14(d), the Trustees will seek public 
involvement in restoration planning for this spill through public 
review of, and comment on, the Draft Restoration Plan. When the Draft 
Restoration Plan is prepared, the public will be notified of the 
opportunity to comment. Questions regarding this Notice may be directed 
to Larry Mangan, Case Manager, M/V New Carissa Natural Resource Damage 
Assessment, Bureau of Land Management at 1300 Airport Lane, North Bend, 
OR 97459, or by telephone at 541-751-4231 or by telefax transmission at 
541-751-4303.

Administrative Record

    The Trustees have opened an Administrative Record (``Record'') in 
compliance with 15 CFR 990.45. The Record will include documents relied 
upon by the Trustees during the assessment of natural resource damages 
being performed in connection with the Incident. The Record is on file 
at the Coos Bay District Office of the Bureau of Land Management, 1300 
Airport Lane, North Bend, Oregon. Arrangements can be made to review 
the Record by contacting Larry Mangan at this address or by calling him 
at 541-751-4231.

    Dated: October 12, 2001.
Elaine Y. Zielinski,
State Director, Oregon/Washington, United States Department of the 
Interior, Bureau of Land Management, Lead Administrative Trustee, M/V 
New Carissa, Natural Resource Damage Assessment.
[FR Doc. 01-27911 Filed 11-6-01; 8:45 am]
BILLING CODE 4310-JB-P