Notice of Availability of the Deepwater Horizon Oil Spill Regionwide Trustee Implementation Group Draft Restoration Plan #1/Environmental Assessment: Birds, Marine Mammals, Oysters, and Sea Turtles
Federal RegisterMar 22, 2021
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA868]
Notice of Availability of the Deepwater Horizon Oil Spill Regionwide Trustee Implementation Group Draft Restoration Plan #1/Environmental Assessment: Birds, Marine Mammals, Oysters, and Sea Turtles
AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce.
ACTION:
Notice of availability; request for comments.
SUMMARY:
In accordance with the Oil Pollution Act of 1990 (OPA), the National Environmental Policy Act (NEPA), and a Consent Decree with BP Exploration & Production Inc. (BP),
1
the
Deepwater Horizon
(DWH) Federal natural resource trustee agencies for the Regionwide Trustee Implementation Group (Regionwide TIG) have prepared a Draft Restoration Plan #1/Environmental Assessment: Birds, Marine Mammals, Oysters, and Sea Turtles (Draft RP/EA). The Draft RP/EA describes and proposes restoration project alternatives considered by the Regionwide TIG to partially restore natural resources and ecological services injured or lost as a result of the DWH oil spill. The Regionwide TIG evaluated these alternatives under criteria set forth in the OPA natural resource damage assessment (NRDA) regulations. In accordance with NEPA the environmental consequences of the restoration alternatives are evaluated in the integrated Environmental Assessment to which the Regionwide TIG Federal Trustees are cooperating agencies. The purpose of this notice is to inform the public of the availability of the Draft RP/EA and to seek public comments on the document.
1
Consent Decree among Defendant BP Exploration & Production Inc. (“BPXP”), the United States of America, and the States of Alabama, Florida, Louisiana, Mississippi, and Texas entered in
In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010,
MDL No. 2179 in the United States District Court for the Eastern District of Louisiana.
DATES:
The Regionwide TIG will consider public comments received on or before May 6, 2021.
Virtual Public Meetings:
Due to continuing Covid-19 limitations on gatherings of groups, the Regionwide TIG will hold two virtual open house and public meetings to facilitate public review and comment on the Draft RP/EA.
1. April 15, 2021, 2 p.m. CDT
2. April 15, 2021, 6 p.m. CDT
Members of the public can access the open house and webinars at:
https://regionwidetig.eventbrite.com/.
After registering, participants will receive a confirmation email with instructions for joining the open house and webinar.
ADDRESSES:
Obtaining Documents:
You may access the Draft RP/EA from the “News” section of the Regionwide TIG website at:
http://www.gulfspillrestoration.noaa.gov/restoration-areas/regionwide.
Submitting Comments:
You may submit comments on the Draft RP/EA by one of the following methods:
•
Via the Web: https://parkplanning.nps.gov/RWTIGRP1.
•
Via U.S. Mail:
U.S. Fish and Wildlife Service, P.O. Box 29649, Atlanta, GA 30345. Please note that mailed comments must be postmarked on or before the comment deadline of 45 days following publication of this notice to be considered.
•
During the virtual public meetings:
Comments may be provided during the webinar. Webinar information is provided below in
SUPPLEMENTARY INFORMATION
.
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric Administration—Jamie Schubert, NOAA Restoration Center, (310) 427-8711,
regionwide.tig@noaa.gov.
SUPPLEMENTARY INFORMATION:
Introduction
On April 20, 2010, the Deepwater Horizon (DWH) mobile drilling unit exploded, causing a massive release of oil from the BP Exploration and Production Inc. (BP) Macondo well. The explosion and oil spill led to loss of life and extensive natural resource injuries. Oil spread from the deep ocean to surface and nearshore environments across the Gulf of Mexico, from Texas to Florida. Extensive response actions were undertaken to reduce harm to people and the environment. However,
many of these response actions had collateral impacts on the environment and on natural resource services.
The DWH Federal and State natural resource trustees (DWH Trustees) conducted the natural resource damage assessment for the DWH oil spill under OPA (33 U.S.C. 2701
et seq.
). Pursuant to OPA, Federal and State agencies act as trustees on behalf of the public to assess natural resource injuries and losses and to determine the actions required to compensate the public for those injuries and losses. OPA further instructs the designated trustees to develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the injured natural resources under their trusteeship, including the loss of use and services from those resources from the time of injury until the time of restoration to baseline (the resource quality and conditions that would exist if the spill had not occurred) is complete.
The DWH Trustees are:
• U.S. Department of the Interior (DOI), as represented by the National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management;
• National Oceanic and Atmospheric Administration (NOAA), on behalf of the U.S. Department of Commerce;
• U.S. Department of Agriculture (USDA);
• U.S. Environmental Protection Agency (EPA);
• State of Louisiana Coastal Protection and Restoration Authority (CPRA), Oil Spill Coordinator's Office, Department of Environmental Quality, Department of Wildlife and Fisheries, and Department of Natural Resources;
• State of Mississippi Department of Environmental Quality;
• State of Alabama Department of Conservation and Natural Resources and Geological Survey of Alabama;
• State of Florida Department of Environmental Protection and Fish and Wildlife Conservation Commission; and
• State of Texas: Texas Parks and Wildlife Department, Texas General Land Office, and Texas Commission on Environmental Quality.
The DWH Trustees reached and finalized a settlement of their natural resource damage claims with BP in an April 4, 2016, Consent Decree approved by the United States District Court for the Eastern District of Louisiana. Pursuant to that Consent Decree, restoration projects in the Regionwide Restoration Area are selected and implemented by the Regionwide TIG. The Regionwide TIG is composed of the Federal and State Trustees listed above.
Background
On September 24, 2019, the Regionwide TIG posted a public notice at
http://www.gulfspillrestoration.noaa.gov
requesting new or revised natural resource restoration project ideas for the Regionwide Restoration Area. The notice stated that the Regionwide TIG was seeking project ideas for the following Restoration Types: (1) Birds, (2) Marine Mammals, (3) Oysters; and (4) Sea Turtles. On July 1, 2020 the Regionwide TIG announced that it had initiated drafting of its first post settlement draft restoration plan including restoration projects for Birds, Marine Mammals, Oysters and Sea Turtles.
Overview of the Regionwide TIG Draft RP/EA
The Draft RP/EA is being released in accordance with OPA NRDA regulations in the Code of Federal Regulations (CFR) at 15 CFR part 990, NEPA (42 U.S.C. 4321
et seq.
), the Consent Decree, and the Final Programmatic Damage Assessment and Restoration Plan/Programmatic Environmental Impact Statement. In the Draft RP/EA, the Regionwide TIG analyzes 15 alternatives and proposes eleven preferred alternatives for: Birds, Marine Mammals, Oysters, and Sea Turtles restoration types. The alternatives analyzed include the following:
Birds
• Alternative 1: Reducing Marine Debris Impacts on Birds and Sea Turtles (joint project with Sea Turtles Restoration Type)—Preferred, $3,520,000.
• Alternative 2: Conservation and Enhancement of Nesting and Foraging Habitat for Birds—Preferred, $22,500,000.
○ Component 1: Chandeleur Islands, LA, $8,000,000.
○ Component 2: Pilot Town/Little Dauphin Island, AL, $6,500,000.
○ Component 3: San Antonio Bay Bird Island, TX $2,500,00.
○ Component 4: Matagorda Bay Bird Island (Chester Island), TX, $2,500,000.
○ Component 5: Round Island, MS, $3,000,000.
• Alternative 3: Bird Nesting and Foraging Area Stewardship—Preferred, $8,510,750.
• Alternative 4: Stewardship and Habitat Creation through Beneficial Use—Non-preferred, $6,500,000.
○ Component 1: Walker Island, AL, $4,000,000.
○ Component 2: Matagorda Bay Bird Island (Chester Island), TX, $2,500,000.
Marine Mammals
• Alternative 1: Voluntary Modifications to Commercial Shrimp Lazy Lines to Reduce Dolphin Entanglements—Preferred, $3,179,088.
• Alternative 2: Reducing Impacts to Dolphins from Hook-and-Line Gear and Provisioning through Fishery Surveys, Social Science, and Collaboration—Preferred, $1,700,000.
• Alternative 3: Enhance Marine Mammal Stranding Network Diagnostic Capabilities and Consistency across the Gulf of Mexico—Preferred, $2,300,000.
• Alternative 4: Enhance Capacity, Diagnostic Capability, and Consistency of the Marine Mammal Stranding Network in the Gulf of Mexico—Non-preferred, $7,887,000.
Oysters
• Alternative 1: Improving Resilience for Oysters by Linking Brood Reefs and Sink Reefs (Large-scale)—Preferred, $35,819,974 (component cost breakdown is not yet defined).
○ Component 1: East Galveston Bay, TX.
○ Component 2: Biloxi Marsh, LA.
○ Component 3: Heron Bay, MS.
○ Component 4: Mid-lower Mobile Bay, AL.
○ Component 5: Suwanee Sound, FL.
• Alternative 2: Improving Resilience for Oysters by Linking Brood Reefs and Sink Reefs (Small-scale), Non-preferred, $22,300,000 (component cost breakdown is not yet defined).
○ Component 1: East Galveston Bay, TX.
○ Component 2: Biloxi Marsh, LA.
○ Component 3: Heron Bay, MS.
○ Component 4: Mid-lower Mobile Bay, AL.
○ Component 5: Suwanee Sound, FL.
Sea Turtles
• Alternative 1: Pilot Implementation of Automatic Identification System in the GOM Inshore Shrimp Fishery to Inform Efforts to Reduce Sea Turtle Bycatch—Preferred, $2,231,124.
• Alternative 2: Restore and Enhance Sea Turtle Nest Productivity—Preferred, $7,655,000.
• Alternative 3: Guiding Restoration Success for Nesting Females and Hatchlings in the Northern Gulf of Mexico—Non-preferred, $4,446,000.
• Alternative 4: Reducing Sea Turtle Bycatch at Recreational Fishing Sites, Preferred, $3,649,360.
• Alternative 5: Reducing Marine Debris Impacts on Birds and Sea Turtles (joint project with Birds Restoration Types)—Preferred, $3,520,000.
• Alternative 6: Regionwide Enhancements to the Sea Turtle
Stranding and Salvage Network and Enhanced Rehabilitation—Preferred, $5,050,000.
○ Component 1: Enhancing Response, Coordination, and Preparedness in the Gulf of Mexico, $2,050,000.
○ Component 2: Texas Rehabilitation Facility, $3,000,000.
The Regionwide TIG also analyzes a No Action alternative. One or more alternatives may be selected for implementation by the Regionwide TIG in the Final RP/EA or in future restoration plans.
The Regionwide TIG has examined the injuries assessed by the DWH Trustees and evaluated restoration alternatives to address the injuries. In the Draft RP/EA, the Regionwide TIG presents to the public its draft plan for providing partial compensation to the public for injured natural resources and ecological services in the Regionwide Restoration Area. The proposed alternatives are intended to continue the process of using DWH restoration funding to restore natural resources injured or lost as a result of the Deepwater Horizon oil spill. The total estimated cost of the projects proposed as preferred is approximately $99.6 million. Additional restoration planning for the Regionwide Restoration Area will continue.
Next Steps
The public is encouraged to review and comment on the Draft RP/EA. Virtual public meetings are scheduled to facilitate the public review and comment process. Each virtual meeting will include an informal open house period to accommodate general questions from the public in topic areas followed by a formal presentation of the Draft RP/EA. Following the presentation, public comment will be taken through the virtual meeting platform.
Presentation slides, project fact sheets, and a recording of the webinar will be posted on the Regionwide TIG website. The public may register for the virtual public meetings at the link below.
After the public comment period ends, the Regionwide TIG will consider and address the comments received before issuing a Final RP/EA. A summary of comments received and the Regionwide TIG's responses and any revisions to the document, as appropriate, will be included in the final document.
Additional Access to Materials
You may request a CD of the Draft RP/EA (see
FOR FURTHER INFORMATION CONTACT
above). Copies of the Draft RP/EA are also available for review during the public comment period at the following locations:
Repository
Address
City
State
Zip
Dauphin Island Sea Laboratory, Admin Building
101 Bienville Blvd
Dauphin Island
AL
36528
Thomas B. Norton Public Library
221 W. 19th Ave
Gulf Shores
AL
36542
Alabama Department of Conservation and Natural Resources, State Lands Division, Coastal Section Office
31115 Five Rivers Blvd
Spanish Fort
AL
36527
Weeks Bay National Estuarine Research Reserve
11300 U.S. Hwy. 98
Fairhope
AL
36532
Mobile Public Library, West Regional Library
5555 Grelot Rd
Mobile
AL
36606
Franklin County Public Library
160 Hickory Dip
Eastpoint
FL
32328
Okaloosa County Library
185 Miracle Strip Pkwy. SE
Ft. Walton
FL
32548
Panama City Beach Public Library
125000 Hutchison Blvd
Panama City Beach
FL
32407
Southwest Branch Library
12248 Gulf Beach Hwy
Pensacola
FL
32507
Wakulla County Library
4330 Crawfordville Hwy
Crawfordville
FL
32327
Walton County Library, Coastal Branch
437 Greenway Trail
Santa Rosa Beach
FL
32459
Santa Rosa County Clerk of Court, County Courthouse
6865 Caroline St
Milton
FL
32570
Bay County Public Library
898 W. 11th St
Panama City
FL
32401
Gulf County Public Library
110 Library Dr
Port St. Joe
FL
32456
Jefferson R.J. Bailar Public Library
375 S Water St
Monticello
FL
32344
Taylor County Public Library
403 N. Washington St
Perry
FL
32347
Dixie County Public Library
16328 SE U.S. Hwy. 19
Cross City
FL
32628
Levy County Public Library
7871 NE 90th St
Bronson
FL
32621
Homosassa Public Library
4100 S. Grandmarch Ave
Homosassa
FL
34446
Land O'Lakes Branch Library
2818 Collier Pkwy
Land O' Lakes
FL
34639
Pinellas Public Library
1330 Cleveland St
Clearwater
FL
33755
Temple Terrace Public Library
202 Bullard Pkwy
Temple Terrace
FL
33617
South Manatee Branch Library
6081 26th St
West Bradenton
FL
34207
Jacaranda Public Library
4143 Woodmere Park Blvd
Venice
FL
34293
Mid County Regional Library
2050 Forrest Nelson Blvd
Port Charlotte
FL
33952
Riverdale Branch Library
2421 Buckingham Rd
Fort Myers
FL
33905
St. Tammany Parish Library
310 W. 21st Ave
Covington
LA
70433
Terrebonne Parish Library
151 Library Dr
Houma
LA
70360
New Orleans Public Library, Louisiana Division
219 Loyola Ave
New Orleans
LA
70112
East Baton Rouge Parish Library
7711 Goodwood Blvd
Baton Rouge
LA
70806
Jefferson Parish Library, East Bank Regional Library
4747 W. Napoleon Ave
Metairie
LA
70001
Jefferson Parish Library, West Bank Regional Library
2751 Manhattan Blvd
Harvey
LA
70058
Plaquemines Parish Library
8442 Hwy. 23
Belle Chase
LA
70037
St. Bernard Parish Library
2600 Palmisano Blvd
Chalmette
LA
70043
St. Martin Parish Library
201 Porter St
Martinville
LA
70582
Alex P. Allain Library
206 Iberia St
Franklin
LA
70538
Vermillion Parish Library
405 E. St. Victor St
Abbeville
LA
70510
Lafourche Parish Public Library (formerly Martha Sowell Utley Memorial Library)
314 St. Mary St
Thibodaux
LA
70301
South Lafourche Public Library
16241 E. Main St
Cut Off
LA
70345
Calcasieu Parish Public Library Central Branch
301 W. Claude St
Lake Charles
LA
70605
Iberia Parish Library
445 E. Main St
New Iberia
LA
70560
Mark Shirley, Louisiana State University AgCenter
1105 W. Port St
Abbeville
LA
70510
Sandy Ha Nguyen, Coastal Communities Consulting
925 Behrman Hwy., Suite 15
Gretna
LA
70056
Biloxi Public Library, Local History and Genealogy Department
580 Howard Ave
Biloxi
MS
39530
West Biloxi Public Library
2047 Pass Rd
Biloxi
MS
39531
Waveland Public Library
333 Coleman Ave
Waveland
MS
39576
Vancleave Public Library
12604 Hwy. 57
Vancleave
MS
39565
Hancock County Library System
312 Hwy. 90
Bay St. Louis
MS
39520
Gulfport Harrison County Library
1708 25th Ave
Gulfport
MS
39501
Pass Christian Public Library
111 Hiern Ave
Pass Christian
MS
39571
Orange Grove Branch Library
12135 Old Hwy. 49
Gulfport
MS
39503
Kathleen McIlwain Public Library
2100 Library Ln
Gautier
MS
39553
Pascagoula Public Library
3214 Pascagoula St
Pascagoula
MS
39567
Ina Thompson Moss Point Library (formerly Moss Point Library)
4119 Bellview
Moss Point
MS
39563
Ocean Springs Municipal Library
525 Dewey Ave
Ocean Springs
MS
39564
Kiln Public Library
17065 Hwy. 603
Kiln
MS
39556
Margaret Sherry Memorial Library
2141 Popps Ferry Rd
Biloxi
MS
39532
East Central Public Library
21801 Slider Rd
Moss Point
MS
39555
Jerry Lawrence Memorial Library (formerly D'Iberville Library)
10391 AutoMall Pkwy
D'Iberville
MS
39540
Mercy Housing & Human Development
1135 Ford St
Gulfport
MS
39507
Center for Environmental and Economic Justice
336 Rodenberg Ave
Biloxi
MS
39531
STEPS Coalition
11975 Seaway Rd., Ste. A240
Gulfport
MS
39503
Gulf Islands National Seashore Visitors Center
3500 Park Rd
Ocean Springs
MS
39564
Mississippi Commercial Fisheries United
6421 Beatline Road
Long Beach
MS
39560
Jack K. Williams Library, Texas A&M University at Galveston
200 Seawolf Pkwy., Bldg. 3010
Galveston
TX
77554
Port Arthur Public Library
4615 9th Ave
Port Arthur
TX
77672
Mary and Jeff Bell Library Texas A&M
6300 Ocean Dr
Corpus Christi
TX
78412
Rosenberg Library
2310 Sealy St
Galveston
TX
77550
Translation Opportunities
Vietnamese translation will be available upon request for the virtual public meetings. Anyone requiring assistance or access to translation should contact Jamie Schubert at
regionwide.tig@noaa.gov
by April 5, 2021. Vietnamese translated materials including the Executive Summary and project fact sheets are posted in the “News” section of the Regionwide TIG's website:
http://www.gulfspillrestoration.noaa.gov/restoration-areas/regionwide.
Administrative Record
The documents comprising the Administrative Record for the Draft RP/EA can be viewed electronically at
http://www.doi.gov/deepwaterhorizon/adminrecord.
Authority
The authority of this action is the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.
) and its implementing Oil Pollution Act Natural Resource Damage Assessment regulations found at 15 CFR part 990 and the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.
).
Dated: March 16, 2021.
Carrie Diane Robinson,
Director, Office of Habitat Conservation, National Marine Fisheries Service.
[FR Doc. 2021-05716 Filed 3-19-21; 8:45 am]
BILLING CODE 3510-22-P
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