Notice of Availability, Final Apex Houston Oil Spill Restoration Plan

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Availability, Final Apex Houston Oil Spill Restoration

Plan

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice of Availability.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) herein releases

the final Apex Houston Oil Spill Restoration Plan (Final Plan). The

Final Plan describes the techniques, schedule, and budget for a project

to restore natural resources injured as a result of an oil spill that

killed approximately 9,000 seabirds along the coast of central

California in 1986. The Final Plan also includes responses to comments

about the Draft Plan (Federal Register/Vol. 59/No. 213/55282) that were

received during a 45-day public comment period that ended on December

19, 1994. Money to carry out this project was obtained via a Consent

Decree that ended litigation on the case in August 1994. The Service

will begin implementation of the Final Plan in 1995 and will conclude

the project in approximately 2004. A Natural Resources Trustee Council

containing representatives of the Service, the National Oceanic and

Atmospheric Administration, and the California Department of Fish and

Game will oversee the project.

DATES: Written comments on the Final Plan must be submitted on or

before June 26, 1995.

ADDRESSES: Written comments or materials regarding the Final Plan

should be sent to the following address. Comments or requests for

copies of the Final Plan can also be sent via FAX to (916) 979-2128.

Daniel Welsh, Chief, Branch of Natural Resource Damage Assessment, U.S.

Fish and Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento,

CA 95825, (916) 979-2110.

FOR FURTHER INFORMATION CONTACT: Requests for further information or

additional copies of the Final Plan may be made to: Daniel Welsh,

Chief, Branch of Natural Resource Damage Assessment, U.S. Fish and

Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento, CA 95825,

(916) 979-2110.

Restoration of Nearshore Breeding Seabird Colonies on the Central

California Coast: Final Plan

I. Executive Summary

Between January 28 and February 4, 1986, the transportation barge

APEX HOUSTON discharged an undetermined amount of San Joaquin Valley

crude oil while in transit from San Francisco Bay to the Long Beach

Harbor. The oil spill caused damage to State of California and Federal

resources from San Francisco to the Big Sur coast. Approximately 9,000

seabirds were killed, including 6,000 common murres (Uria aalge), in

addition to other aquatic life in and around the coastal waters of

central California. Both the State and Federal governments responded to

the spill and began assessing damages as a result of the spill.

The State and Federal natural resource trustees commenced

litigation in this matter against potentially

[[Page 20740]] responsible parties in January 1989. The complaints

alleged claims for natural resource damages, costs, and penalties

pursuant to the Clean Water Act, 33 U.S.C. 1251 et seq., Title III of

the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq. (formerly

the National Marine Protection, Research and Sanctuaries Act,

``MPRSA''), the California Harbors & Navigation Code 293 and 294, and

other State Law.

In August 1994 the parties settled this matter in a Consent Decree

entered by the Federal District Court for the Northern District of

California for a total of $6,400,000. As part of the natural resources

damage settlement, $4,916,430 has been allocated for the restoration of

common murres in central California. The common murre restoration

project is the subject of this Final Plan. An additional $500,000 has

been allocated for the acquisition of habitat for the marbled murrelet

(Brachyramphus marmoratus), a species that is listed under the Federal

and State Endangered Species Acts and was impacted by the spill. The

murrelet project is being carried out under State lead and is included,

but not described in detail, in this Final Plan. The remainder of the

$6,400,000 collected in the settlement was for penalties and costs

incurred as a result of the spill.

A Trustee Council, comprised of representatives of each Trustee

(California Department of Fish and Game, National Oceanic and

Atmospheric Administration, and U.S. Fish and Wildlife Service) was

established to review and select restoration actions for natural

resources injured by the spill. This Council will meet regularly during

the duration of the project to review progress and make necessary

changes. The Trustee Council has approved this Final Plan for

restoration of common murres.

The goal of the common murre restoration project is to recolonize

common murres at historic breeding colonies in the areas where colonies

were extirpated or severely depleted by the APEX HOUSTON oil spill.

Social attractants (decoys and recorded vocalizations of common murres)

will be used to attract common murres to nest at historic nearshore

colonies in the vicinity of San Francisco and Monterey. Common murres

will be monitored at these sites and at reference sites in the vicinity

of Point Reyes and the Farallon Islands in order to evaluate and refine

the recolonization project. Parameters to be monitored include colony

size, reproductive success, behavior, and phenology of common murres.

In addition, anthropogenic factors (e.g., boat disturbance, aircraft

overflights, oiling) and natural factors (e.g., predation, diet) that

may affect the success of recolonization efforts will be monitored.

This project may take a minimum of 10 years to achieve success because

common murres have inherently low reproductive rates and do not breed

until they are several years old.

II. Introduction

Nearshore breeding colonies of common murres (Uria aalge)

throughout central coastal California (Point Arena to Big Sur)

decreased by 60.1 percent between 1980 and 1986 (Takekawa et al. 1990).

This population decline was attributed to high mortality from gill-net

fishing, oil spills (including the Apex Houston spill), and a severe El

Nino-Southern Oscillation event in 1982-1983 (Takekawa et al. 1990,

Swartzman and Carter 1991, Carter et al. 1992). The APEX HOUSTON oil

spill, which occurred principally between San Francisco and the

Monterey Peninsula, killed nearly 9,000 seabirds in February 1986

(Siskin et al. 1993). This mortality included approximately 1,293

rhinoceros auklets (Cerorhinca monocerata), 180 small alcids, 12

marbled murrelets (Brachyramphus marmoratus), and 1,206 other birds

(including loons, grebes, scoters, cormorants, shorebirds, and gulls)

(Siskin et al. 1993). In addition, approximately 6,000 common murres

were killed (Siskin et al. 1993). The common murre colony at Devil's

Slide Rock was found to be abandoned, subcolonies at Castle Rocks

disappeared, and other central coastal breeding sites (e.g., Hurricane

Point Rocks, Point Reyes) were greatly reduced after the spill

(Takekawa et al. 1990, Swartzman and Carter 1991, Carter et al. 1992)

(Figure 1).

In the early 1900's, common murres bred at Prince Island in

southern California (Carter et al. 1992). However, the central

California population currently represents the southernmost range for

breeding common murres in the Pacific. Future oil spills and other

catastrophic events (e.g., disease, predation, climate change) could

result in the extirpation of this population as well as a reduction in

the species' geographic range. The restoration of former common murre

colonies would aid in securing the central coastal California common

murre population and would spread the risk of future disasters among

colony sites over a wider range of the California coast.

The goal of this project is to restore common murres at historic

breeding colonies in areas where colonies were extirpated or severely

depleted by the APEX HOUSTON oil spill. The project will be conducted

over approximately 10 years. A total of $4,916,430 was obtained for

this project via the court settlement.

III. Purpose

The restoration funds were recovered under the Federal Clean Water

Act and National Marine Sanctuaries Act, the California Harbors and

Navigation Code Secs. 293 and 294, and other State Law. A Trustee

Council, comprised of representatives of each Trustee, was established

to review and select restoration actions. As part of the settlement in

the APEX HOUSTON litigation, $4,916,430 has been allocated for the

restoration of common murre colonies that suffered damage from the APEX

HOUSTON oil spill. This project should aid in restoring the central

California common murre population at historic breeding colonies in

areas where colonies were extirpated or severely depleted by the APEX

HOUSTON oil spill. Restoring this population to a larger part of its

historic range will aid in spreading the risk of future catastrophic

events (e.g. oil spills, disease, storms) between more colony sites and

over a broader section of the California coast.

IV. Restoration Alternatives Considered and Selected

(A) Alternatives Considered

The Federal Clean Water Act and other Federal law states that

natural resources damages ``shall be used to restore, rehabilitate, or

acquire the equivalent of'' natural resources damaged or destroyed as a

result of a discharge of oil (Clean Water Act Sec. 311(f)(5), 33 U.S.C.

Sec. 1321(f)(5)). In addition, the Service's Natural Resource Damage

Assessment program in Region 1 has found the following criteria helpful

in setting priorities when evaluating options for restoration of

natural resources damaged due to releases of oil or hazardous

substances (Wickham et al. 1993):

(1) On-site and in-kind, in which restored resources occur at the

injured site and are physically and biologically the same as those

lost;

(2) Off-site and in-kind, in which restored resources occur at a

site other than that injured, but similar physical and biological

resources are restored;

(3) On-site and out-of-kind, in which restored resources at the

impact site are physically and biologically different from those lost;

(4) Off-site and out-of-kind, in which restored resources are at a

site other than the impact site and are physically [[Page 20741]] and

biologically different from those lost; and,

(5) In special cases, acquisition of equivalent existing resources/

services under private ownership, which does not replace lost

resources, but reduces potential future loss by placing acquired

resources under public management and protection (e.g., the marbled

murrelet habitat acquisition project).

Therefore, the Trustees concentrated their damage assessment and

restoration efforts on the recovery of central California seabird

populations, especially alcids, since these birds incurred the greatest

losses due to the APEX HOUSTON oil spill (Siskin et al. 1993).

Alternatives considered for seabird restoration included active

recolonization/restoration projects and habitat acquisition projects.

Alternatives were compared based on the criteria described above, as

well as the technical feasibility of the project, importance to the

public interest, and monetary costs. Two projects have been selected

for immediate implementation. These are the acquisition of marbled

murrelet breeding habitat and the recolonization of common murres using

social attraction techniques. The Trustee Council will reevaluate these

two projects and consider additional restoration projects and/or

supplemental methodology at least annually. The Trustee Council will

reappropriate and reauthorize funds as needed.

Recolonization/restoration efforts were considered for common

murres and rhinoceros auklets, two seabird species that suffered high

mortality as a result of the spill. The rhinoceros auklet project

involved use of artificial nest sites to enhance breeding populations

along the central California coast. This project was not chosen for

immediate implementation for several reasons. A large increase in the

California rhinoceros auklet population occurs during the winter months

and far exceeds the summer estimated breeding population (Briggs et al.

1987). It is believed that this large increase is due to migrants

moving into the area from more northern colonies (Briggs et al. 1987).

In addition, the rhinoceros auklet population within the area of the

spill (i.e. the local population) had been increasing since the early

1980's and continued to increase after the APEX HOUSTON spill (Ainley

and Boekelheide 1990, Carter et al. 1992). This suggests that many of

the 1,293 rhinoceros auklets estimated to have been killed by the APEX

HOUSTON spill (Siskin et al. 1993) were probably wintering birds from

outside the local breeding population. As a result, restoration of

rhinoceros auklets received a lower priority.

The common murre recolonization project (describe herein) was given

higher priority than rhinoceros auklet restoration because its

potential benefits were linked more closely to the injuries caused by

the spill. The extirpation of the Devil's Slide Rock colony and a

severe reduction at the Castle and Hurricane rocks colonies were

attributed to the common murre mortalities that resulted from the APEX

HOUSTON oil spill (Swartzman and Carter 1991). As a result, damage to

the local breeding population was demonstrated (Swartzman and Carter

1991).

An additional site (Bodega Rock in Sonoma County) for common murre

recolonization was suggested during the public comment period. Bodega

Rock is an active seabird colony and in 1989 it contained 558 Brandt's

cormorant (Phalacrocorax penicillatus) nests and 12 western gull (Larus

occidentalis) nests (Carter et al. 1992). This location was not

selected for implementation of murre recolonization techniques because

there are no known records of common murres breeding on this rock.

A third restoration project involving construction of a seabird

breeding and rehabilitation facility was rejected because its cost was

prohibitive relative to funds available, and because the California

Department of Fish and Game's Office of Oil Spill Prevention and

Response is already implementing a statewide oiled wildlife care

network.

Four habitat acquisition projects were considered: purchase of Cape

Vizcaino in northern Mendocino County to protect nesting seabirds,

purchase of coastal land near Castle Rock to protect a mainland colony

of common murres, purchase of lands within San Francisco Bay, and

purchase of marbled murrelet nesting habitat along the central

California coast. The first three projects were given lower priorities

because they were outside of the area impacted by the spill (Cape

Vizcaino), were too costly (mainland site near Castle Rock), or were

beneficial primarily to species that were not affected by the spill

(sites in San Francisco Bay). The purchase of marbled murrelet nesting

habitat along the central California coast was selected for immediate

implementation with settlement funds allocated specifically for that

project.

(B) Alternatives Selected

1. Acquisition of Marbled Murrelet Nesting Habitat. The acquisition

of marbled murrelet nesting habitat along the central California coast

was selected because acquisition would occur within the area impacted

by the spill and damage to the local population could be demonstrated.

In addition, this project has great importance to the public because it

will provide long-term protection of a species listed under the Federal

and State Endangered Species Acts. The Trustee Council believes that

the $500,000 allocated to this project will be sufficient to obtain

suitable habitat to compensate for the murrelets injured in the spill,

provided that it is leveraged with other resources. The Trustees regard

augmentation of the budget for the marbled murrelet project as the

highest priority for any funds that may become available from the murre

recolonization project.

2. Recolonization of Impacted Common Murre Colonies. The second

project the Trustees have selected for immediate implementation is the

recolonization of common murre colonies at Devil's Slide and San Pedro

rocks in San Mateo County and Castle and Hurricane Point rocks in

Monterey County.

a. Devil's Slide and San Pedro Rocks Common Murre Recolonization:

Recolonize common murres at Devil's Slide and San Pedro rocks (San

Mateo County, California) using social attraction methods (decoys and

recorded vocalizations) and develop reference information needed to

evaluate and refine restoration efforts.

Location(s): Devil's Slide and San Pedro rocks, San Mateo County,

California; Point Reyes area (Point Reyes, Point Resistance, Double

Point, and Miller Point rocks), Marin County, California; Farallon

Islands, San Francisco County, California.

Justification: Common murres are an extremely important and visible

part of the California seabird community (Carter et al. 1992). Common

murres are the most abundant nesting species and have the greatest

biomass of all breeding seabirds in the state (Sowls et al. 1980,

Ainley and Boekelheide 1990). In addition, common murres comprise 40

percent of the breeding seabirds found in central California (Carter et

al. 1992). This population sustained severe losses from commercial and

subsistence egging in the 1800's and early 1900's, from chronic oil

pollution and spills in the early to mid 1900's, and from chronic oil

pollution and gillnetting in the 1980's and 1990's (Ainley and Lewis

1974, Takekawa et al. 1990, Carter et al. 1992).

Common murres were last recorded breeding at San Pedro Rock in

1908, when the colony was in the process of being extirpated by egg

collectors (Ray 1909). During the 1980's common [[Page 20742]] murres

in central California declined dramatically due to mortality from gill

nets, oil spills (including the 1984 PUERTO RICAN and 1986 APEX

HOUSTON), as well as the severe 1982-83 El Nino event (Ainley and

Boekelheide 1990, Takekawa et al. 1990, Carter et al. 1992). The APEX

HOUSTON spill in 1986 contributed significantly to the loss of the

Devil's Slide Rock colony near San Francisco (Swartzman and Carter

1991). The San Pedro and Devil's Slide rocks colonies are in close

proximity and constitute the only common murre colonies between San

Francisco and Monterey. This is a large portion of the range of the

central California common murre population. The recolonization of

abandoned common murre colonies in central California will contribute

to the restoration of this seabirds' historic geographic range.

Given the current depleted condition of the central California

common murre population (Ainley and Boekelheide 1990, Takekawa et al.

1990, Swartzman and Carter 1991, Carter et al. 1992, Ainley et al.

1994), extirpated colonies are not likely to be reestablished in the

foreseeable future without human assistance. The San Pedro Rock colony

has not recolonized over the past 85 years and the Devil's Slide Rock

colony has not been recolonized in the 8 years following the APEX

HOUSTON spill (Carter et al. 1992, Carter and Takekawa, unpubl. data).

Similarly, the Prince Island colony in southern California has not been

recolonized since extirpation in the early 1900's (Carter et al. 1992).

Furthermore, all six nearshore colonies in central California have

remained severely depleted since the mid-1980's (Carter et al. 1992).

The reductions of the geographic range and small numbers of breeding

common murres along the central California coastline increase the risk

that future catastrophic events will result in extinction of the

central California population.

Studies of seabird colony formation in Maine demonstrated that

recolonization can be achieved using social attractants (Kress 1978,

Kress and Nettleship 1988, Kress et al. 1992). The use of decoys and

tape recordings has attracted prospecting seabirds, which have then

bred, once a threshold group size has been reached. These techniques

have assisted in the recolonization of several colonial nesting seabird

species (Podolsky 1985; Podolsky and Kress 1989, 1992). These

techniques have been utilized in an effort to recolonize common murres

in Maine. The common murre recolonization project began when 15 life-

size common murre decoys were deployed on Matinicus Rock in summer 1992

(National Audubon Society, unpubl. data). The closest common murre

nesting colony to Matinicus Rock is located approximately 75 miles east

on Murre Ledge, a small Canadian island. Common murres began landing

among the decoys within 2 days of starting the vocalization tapes

(National Audubon Society, unpubl. data). As many as four common murres

were sighted at one time among the decoys and at least two birds were

present throughout May and June 1992 courting and copulating among the

decoys (National Audubon Society unpubl. data). This effort has

included the use of various combinations of social attractant

techniques to determine the most effective combination, e.g., decoys

with and without sound, sound only, decoys with sound and with and

without egg decoys, and sound variations (Schubel 1993). Results

indicate that a combination of visual and sound stimuli are essential

to attract common murres. The highest common murre numbers and activity

were observed where egg and murre decoys were accompanied by sound, and

decoys were most densely arranged. The recolonization project has

continued during 1993 and 1994 with promising results. Common murres

continue to exhibit pre-breeding behavior (such as courtship displays,

copulation, and passing of fish between potential mates), and the

number of common murres attracted to the decoys has increased to

approximately 25 birds (National Audubon Society, unpubl. data).

However, social attraction techniques must be applied for many years

before breeding begins and a self-sustaining breeding colony can be

attained (Kress and Carter 1991).

In order to refine recolonization methods and evaluate their

success, reference information will be needed on the reproductive

biology, behavior, and phenology of common murres at an unmanipulated

nearshore site in the local area. However, little information is

available from nearshore colonies in central California. Monitoring

attendance patterns, arrival dates, reproductive success, and behavior

of breeding and nonbreeding common murres at accessible colonies in the

Point Reyes area will provide a comparison to evaluate recolonization

of Devil's Slide and San Pedro rocks. The Point Reyes colonies (i.e.,

Point Reyes, Point Resistance, Double Point, and Miller Point rocks)

are the closest to the recolonization sites and should provide a

reference for what would normally be expected in a nearshore common

murre colony as well as a good comparison with the recolonization site.

The monitoring conducted at these unmanipulated colonies will be used

to assess recolonization responses and common murre activity patterns

at recolonization sites, as well as aid in supporting refinement of

recolonization methods.

In addition, unique information will be needed from the common

murre colony at the South Farallon Islands at Farallon National

Wildlife Refuge in order to evaluate recolonization responses and

refine techniques. Common murre reproductive success, diet, and

breeding biology have been studied for over 20 years at the South

Farallon Islands as part of long-term monitoring of seabird populations

required for the Farallon National Wildlife Refuge and other research

conducted by the Point Reyes Bird Observatory (Ainley and Boekelheide

1990, Ainley et al. 1994). As a result of these studies, a small number

of individually marked birds of known age and sex exist at the Farallon

Islands. Limited information is available concerning the attendance of

breeding and nonbreeding common murres at breeding sites, especially

during winter. Information obtained on individually-marked birds, where

age and sex are known, would give a better understanding of expected

time-in-attendance and behavior at breeding sites for adult and

subadult common murres during the breeding and nonbreeding seasons.

Detailed information on common murre attendance and prospecting in the

winter will make it possible to evaluate the significance of winter

attendance at the recolonization sites. If winter attendance is crucial

to successful breeding, social attraction methods may have to be

deployed for a longer period. In addition, all accessible subcolonies

of common murres at the South Farallon Islands would be examined for

more general attendance patterns throughout the year.

Attendance, breeding biology, and behavior will be monitored during

the breeding season in marked and unmarked birds in plots at the South

Farallon Islands so that recolonization responses at recolonization

sites can be more effectively evaluated. Certain colonies with

potential for future intensive monitoring efforts may be examined in

greater detail, including reproductive success. This information will

be important in evaluating and modifying the social attraction methods

used at the restoration sites. Information that is only available at

this larger, more accessible, and closely monitored common murre

colony, including [[Page 20743]] information on known-aged common

murres, will be used to refine and assess recolonization efforts. All

research conducted on the Farallon National Wildlife Refuge must be

approved by the U.S. Fish and Wildlife Service, San Francisco Bay

National Wildlife Refuge Complex. All research conducted is evaluated

by Refuge staff to ensure that the activities associated with the

research are compatible with the purposes for which the refuge was

established.

Proposed Actions: Social attraction techniques will be used to

recolonize common murres at Devil's Slide and San Pedro rocks. The use

of social attraction techniques, similar to those used elsewhere to

encourage recolonization by several seabird species, will be employed

(Kress 1983, Podolsky 1985, Podolsky and Kress 1989). It is possible

that small numbers of common murres are still alive that originally

bred at Devil's Slide Rock. Therefore, it is important to begin the

recolonization project as soon as possible in order to attract any

remaining common murres that have a history of attachment to this

colony. Preliminary work will consist of selecting observation points

to view recolonization sites, constructing and installing observation

blinds, obtaining access permits, and purchasing needed equipment.

Aerial surveys of central California breeding seabird colonies and

periodic observations of breeding colonies from mainland vantage points

will be conducted in spring and summer 1995. Additional aerial

reconnaissance of Devil's Slide and San Pedro rocks will be conducted

to obtain photographs for mapping the restoration sites. Reconnaissance

trips to Devil's Slide and San Pedro rocks will take place to determine

equipment and procedures needed to deploy social attraction equipment.

Ladders may be installed to allow safe access onto the colonies for

project personnel.

Decoys and audio equipment will be placed on the rocks in fall 1995

before common murres begin to frequent nesting islands. Recordings of

common murre breeding vocalizations will be made at the Farallon NWR.

Between 100 and 200 life-size common murre decoys will be positioned on

suitable nesting habitat on Devil's Slide and San Pedro rocks. The

decoys will be secured to the rock in a fashion that simulates occupied

common murre colonies. Densities and locations of decoys will be based

on past aerial photos of the active Devil's Slide Rock colony (taken in

1982) and observations of common murres at existing reference sites

from mainland vantage points and aerial photos. Several omnidirectional

weather resistant loudspeakers will be positioned at the recolonization

sites. Compact disks of California common murre vocalizations will be

played prior to and throughout the breeding season from December to

August. Daily observations of the recolonization sites will begin once

decoys have been deployed and will continue through July. Devil's Slide

Rock will be observed from the mainland using a portable blind and

telescope. San Pedro Rock observations will occur from a blind located

on the rock, from a boat, and/or from the mainland.

Data collected will include common murre arrival date, number of

common murres present, behavior of common murres, interaction with

other species (e.g., Brandt's Cormorants), location on rock, attendance

patterns, diet or feeding behavior, and presence of predators.

Prospecting common murres will be plotted by location on maps of the

recolonization site. One or more aerial photographic censuses of the

central California common murre colonies will be conducted annually

between May and June. The censuses will be used to calculate annual

breeding population sizes at the recolonization sites and nearby

reference colonies in central California, compare trends between years,

and assist in determining numbers of common murres not visible from the

mainland or boats. Social attractants will be displayed through the

breeding season until after common murres normally leave the breeding

sites, usually in July. The decoys and audio equipment will be

collected after all bird breeding on the rock has been completed.

Equipment will be checked, cleaned, and replaced as necessary. The

equipment will be redeployed during the following fall before common

murres begin to frequent nesting islands. Monitoring of recolonization

sites will continue annually after the first social attractants are

deployed. The Trustee Council will reevaluate the recolonization

efforts annually and revise as necessary. In addition, the use of

techniques such as time-lapse photography and radiotelemetry to assist

in monitoring birds will be investigated and used if technically and

economically feasible. However, the placement and retrieval of such

equipment in a way that does not cause undue disturbance to common

murres or other seabirds and is secure from human vandalism or theft

may be a problem.

The breeding behavior and colony attendance of common murres will

be monitored at four nearby colonies in the Point Reyes National

Seashore and/or the Gulf of the Farallones National Marine Sanctuary:

Point Reyes, Point Resistance, Double Point Rocks, and Miller Point

Rocks. These sites will serve as reference sites for the recolonization

sites. Several variables will be monitored to allow comparison to

recolonization sites, including population size and status, attendance

patterns, timing, breeding phenology and success, behavior, interaction

with other species, diet or feeding behavior, impacts of predators,

human perturbations, and other disturbances. The population size and

status would be determined using methods similar to those employed by

Birkhead and Nettleship (1980), Gaston et al. (1983), Mudge (1988), and

Hatch and Hatch (1989). Only subcolonies that can be viewed from a safe

location will be selected. Reconnaissance work and preliminary

observations and logistics would begin in spring/summer 1995. This work

would consist of obtaining access permits to conduct work, selecting

subcolonies to be studied, selecting plots within subcolonies, and

conducting aerial surveys of the colonies. The monitoring period would

parallel that followed at Devil's Slide and San Pedro rocks.

Winter and summer attendance, selected aspects of breeding biology

of banded and unbanded common murres, and many of the same parameters

measured at recolonization and nearshore reference sites will also be

monitored at breeding sites at the South Farallon Islands. Established

and new study plots, individually-banded birds, blinds, and other

facilities will allow for the study of summer and winter attendance in

more detail than at nearshore locations. Monitoring would include

determining arrival dates, winter attendance patterns (breeding versus

nonbreeding common murres), winter behavior of nonbreeding and breeding

common murres, site fidelity of breeding common murres, reproductive

success, population size, and impacts of predation. Monitoring at the

South Farallon Islands will continue for 2 years and may be continued

if needed to support refinement of recolonization methods or to

facilitate interpretation of data at other colonies.

This restoration project will provide unique opportunities to

enhance public knowledge concerning seabirds, seabird conservation, and

the marine environment. Every attempt will be made to educate the

public through presentations, news coverage, and other appropriate

venues. Emphasis will be placed on greater awareness of seabird

resources in the area, the problems [[Page 20744]] caused by oil

pollution and oil spills, gill nets, and other anthropogenic factors as

well as the restoration efforts conducted by the cooperating agencies,

environmental organizations, and biologists. In addition, the location

of the recolonization sites near San Francisco along scenic Highway 1

provides excellent viewing opportunities for the public and attracts

large numbers of visitors each year. Therefore, opportunities for

public outreach will be explored at this site.

Schedule

Spring-summer 1995: Begin preliminary work, including contracting,

planning, logistics, and permits. Conduct aerial surveys of seabird

colonies in central California in May or June to obtain baseline data,

conduct aerial flights of Devil's Slide and San Pedro rocks to obtain

aerial photos for mapping purpose, and record breeding common murre

vocalizations at the Farallon NWR for use in the recolonization

project. Select colonies and study plots to be monitored in the Point

Reyes area. Conduct safety training for personnel as required.

Fall and winter 1995-1996: In fall 1995, conduct reconnaissance

trips to recolonization sites in preparation for deployment of social

attractants. Before December 1995, deploy social attractants and

initiate daily observations of recolonization sites. Initiate daily

observations of study plots in December 1995. Complete field season in

August when common murres generally leave breeding colonies.

Observations of study plots will continue from December through August

for a minimum of 5 years to 10 years in order to provide necessary

information to adequately evaluate the recolonization project. Work at

the South Farallon Islands will begin the winter of 1995-1996 and will

continue for a minimum of 2 years. Regular progress reports and an

annual report will be submitted to the Trustee Council by the persons

conducting work with funding from the APEX HOUSTON Trustee Council.

Spring 1996-winter 2004: Continue recolonization and monitoring

efforts as necessary to accomplish project goals.

b. Castle and Hurricane Point Rocks Restoration: Restore common

murres at Castle and Hurricane Point rocks using social attraction

methods (decoys and recorded vocalizations).

Location: Castle and Hurricane Point rocks, Monterey County,

California.

Justification: As described above, the recolonization of historic

common murre colonies in central California will contribute to the

reversal of the dramatic reduction of this seabird's historic

geographic range. The 1986 APEX HOUSTON spill negatively impacted the

breeding colonies that make up the southern half of the central

California breeding range (Swartzman and Carter 1991). The Castle and

Hurricane Point rocks colonies were severely impacted by the APEX

HOUSTON spill based on locations of APEX HOUSTON oil slicks, depleted

size of the Monterey colonies and subcolonies after the spill, and

locations of recovery of oiled common murres during the spill

(Swartzman and Carter 1991, Siskin et. al 1993). Adult common murres

are known to attend breeding colonies during winter months at the

Southeast Farallon Island in central California (Ainley and Boekelheide

1990, Sydeman 1993). Also, common murres have been observed attending

the Castle and Hurricane Point rocks colonies during the winter

(Carter, unpubl. data). Castle and Hurricane Point rocks were in the

direct path of oil slicks occurring from the APEX HOUSTON spill

(Swartzman and Carter 1991). In addition, approximately 1,600 common

murres were recovered in Monterey Bay near these 2 colonies. As a

result, the APEX HOUSTON spill was responsible for a severe reduction

in numbers observed at these two colonies following the spill.

Currently, common murres occur on five rocks and the mainland at

Castle Rocks and two rocks at Hurricane Point Rocks. Aerial surveys

conducted during the 1994 breeding season indicate that common murre

numbers at subcolonies have remained low since the APEX HOUSTON oil

spill (Carter and Takekawa, unpubl. data). Each subcolony is comprised

of less than a hundred to several hundred common murres, and the

breeding status of these subcolonies is unknown (Carter and Takekawa,

unpubl. data). Given the low numbers of common murres that occur at

these subcolonies, it is possible that breeding success is limited. Due

to the small size of the subcolonies and other factors (e.g., gill net

fishing in Monterey Bay, El Nino events, future oil spills, and other

human disturbances) the colonies at Castle and Hurricane Point rocks

continue to be in danger of extirpation. These colonies are

particularly important because they are at the current southern end of

the range of the central California population as well as the southern

extreme of the species' range in the Pacific Ocean. These colonies are

in close proximity to each other and constitute the only active common

murre colonies south of San Francisco, representing a large portion of

the range of the central California common murre population. Given the

current fragile condition of the overall central California common

murre population and the lack of recovery over time (Ainley and

Boekelheide 1990, Takekawa et. al. 1990, Swartzman and Carter 1991,

Carter et. al. 1992, Ainley et. al. 1994), colonies once lost are not

likely to be reestablished in the foreseeable future without human

assistance. Based on established principles of conservation biology, if

the colonies at Castle and Hurricane Point rocks are lost, the

resulting reductions in the geographical range, numbers, breeding

locations, and productivity of common murres further increase the risk

of extinction of the entire central California population.

Proposed Action: The common murre colonies at the Castle and

Hurricane Point rock complexes will be evaluated to determine the best

means of employing social attractants at these locations. A minimum of

2 years would be required to determine appropriate methods. Both of

these colonies are composed of several subcolonies on different rocks.

Subcolonies will be examined to obtain a comprehensive understanding of

colony dynamics in a severely depleted condition. Breeding population

levels, reproductive success, attendance patterns, behavioral

observations, and nesting locations will be determined at as many

subcolonies as possible. Particular attention will be paid to

prospecting birds within established subcolonies and at unoccupied

rocks. In addition, all unoccupied rocks and potential mainland

breeding habitats will be assessed for the use of social attractants to

encourage common murre breeding. Habitat will be assessed for

suitability to support a common murre subcolony, including such factors

as slope, size, protection from human and other disturbance, surf

conditions, and predation threats. The unoccupied rocks will be

regularly monitored to detect prospecting common murres.

A phased approach to employing social attractants will be used to

refine the use of social attractants on the colony. Criteria to be used

to determine the use of social attractants include: loss of subcolonies

or colonies, below normal reproductive success, lack of colony growth,

limited availability of breeding sites in existing subcolonies, high

numbers of prospecting common murres in existing subcolonies, presence

of prospecting common murres in areas with no breeding, and population

status at each colony. The use of social attractants would be employed

at sites where it was deemed necessary to [[Page 20745]] encourage

common murres to recolonize lost subcolonies or prospect and nest on

unoccupied rocks. The goal would be to prevent colony loss without

negatively impacting existing subcolonies. If, for any reason, social

attractants are not deemed advisable after 2 years, the colonies at

these sites will be evaluated for 3 more years. This monitoring will

occur to ensure adequate reproductive success, colony survival, and

recovery and, if necessary, to develop alternative restoration

techniques.

This restoration project will provide unique opportunities to

enhance public knowledge concerning seabirds, seabird conservation, and

the marine environment. Every attempt will be made to educate the

public through presentations, news coverage, and other appropriate

venues. Emphasis will be placed on greater awareness of seabird

resources in the area, the problems caused by oil pollution and oil

spills, gill nets, and other anthropogenic factors as well as the

restoration efforts conducted by the cooperating agencies,

environmental organizations, and biologists. In addition, the location

of the recolonization sites near Monterey along scenic Highway 1

provides excellent viewing opportunities for the public and attracts

large numbers of visitors each year. As a result, informal public

outreach will be conducted at the recolonization sites.

Schedule

Spring and Summer 1995: Preliminary work will begin, including

selection of observation points, obtaining access permits, planning,

and purchasing. Aerial surveys of breeding common murre colonies will

be conducted in May or June to obtain baseline data. These surveys will

be conducted in conjunction with aerial common murre surveys for

central California. Observations of breeding colonies will continue

each year from December 1995 until August 1997, at a minimum. In August

1997, the use of social attractants will be assessed to restore these

common murre colonies. In fall 1997, social attractants will be

deployed where suitable. These efforts will continue until at least

2004, unless success is achieved, or failure declared, prior to that

date.

V. Common Murre Project Goals

The APEX HOUSTON oil spill killed an estimated 6,000 common murres,

was a major factor in the eradication of the Devil's Slide Rock colony,

and damaged colonies at Castle and Hurricane Point rocks. If the latter

2 colonies are lost, over 75 percent of the recent range of the central

California common murre population will have been lost. The Trustees

have selected restoration alternatives designed to restore common

murres to colonies in the areas most severely affected by the spill.

Both short-term and long-term goals have been established for this

restoration project.

The short-term goal of this project is to restore common murres at

historic breeding colonies in areas where colonies were extirpated or

severely depleted by the APEX HOUSTON oil spill. The timeframe needed

for common murres to become established at extirpated colonies is

unknown but is suspected to be several years. Therefore, the Trustees

will consider the short-term goal achieved if significant progress is

made toward the establishment of 100 breeding pairs of common murres at

the Devil's Slide Rock and San Pedro Rock colonies. The Trustees

believe this goal can be achieved within 10 years if oceanic conditions

are favorable for murre breeding during most of the years of the

project.

The long-term goal is to restore the colonies to pre-spill

population levels. Ultimately, this restoration project should aid in

restoring the portion of the central California common murre population

most affected by the APEX HOUSTON spill to its historic range, colony

sizes, and reproductive potential. However, the timeframe needed for

common murres to reach pre-spill population levels is unknown and is

suspected to take several generations (i.e., more than 10 years). Thus,

the accomplishment of the long-term goal of restoring the central

California common murre population to its historic range and colony

sizes is likely to occur only after the conclusion of the

recolonization project. The Trustees believe that this is appropriate

because the social facilitation that results from the presence and

activity of the birds that were attracted to breed at the

recolonization sites will take the place of the artificial stimuli

provided by the decoys and recorded vocalizations, enabling long-term

goals to be achieved without continued human intervention.

The Trustees plan to review the common murre restoration project at

least annually at which time the effectiveness of the project and

possible improvements will be considered. In addition, public comments

will be taken and considered by the Trustee Council throughout the

project. The annual review process may result in revisions to the plan.

VI. Common Murre Project Implementation

The U.S. Fish and Wildlife Service (Service) has been designated as

Lead Trustee for the common murre recolonization project and will

utilize staff and facilities of the San Francisco Bay National Wildlife

Refuge Complex and the Sacramento Ecological Services Field Office to

implement the project. The National Biological Service's Dixon Field

Office will be asked to provide the Service with technical expertise

and field support to assist in the implementation of this project

through an inter-agency agreement. The Service will obtain additional

assistance from one or more experts in seabird recolonization/

restoration via contracts or cooperative agreements. Reference site

work conducted at the South Farallon Islands may be accomplished

through an existing cooperative agreement between the San Francisco Bay

NWR Complex and the Point Reyes Bird Observatory. Other contracts or

agreements may be developed as necessary to achieve project goals over

the anticipated 10-year duration of this project.

VII. Environmental Compliance

The Service has determined that the project is categorically

excluded from the National Environmental Policy Act (NEPA), 42 U.S.C.

4321 et seq, according to the Department of Interior's Departmental

Manual, 516 DM 6, Appendix I, 516 DM 2, Appendix I. Resource management

activities such as the type described for this project, which include

research, reintroduction of established species into their historic

range, and small structures or improvements, are categorically excluded

from NEPA. The U.S. Fish and Wildlife Service has prepared an

Environmental Action Memorandum setting forth the basis for the

categorical exclusion of this project.

The California Department of Fish and Game has also determined that

the project is categorically exempt from the California Environmental

Quality Act (CEQA), Cal. Pub. Resources Code 21000 et seq., and has

filed a Notice of Exemption with the State Clearinghouse.

The California Coastal Commission staff has concurred with the

Trustees negative determination made pursuant to 15 CFR 930.35(d) of

the National Oceanic and Atmospheric Administration implementing

regulations relative to the Coastal Zone Management Act.

[[Page 20746]]

VIII. Common Murre Restoration Project Budget

As part of the settlement, $4,916,430 has been allocated for common

murre restoration. This amount, plus any interest earned, is available

to fund the recolonization project for 10 years. A budget has been

developed that lists the range of annual and cumulative costs

anticipated for each major budgetary category (Table 1). Availability

of sufficient money to fund the project through years 9 and 10 may

depend on interest earnings, because the upper end of the range of

anticipated project costs exceeds the amount of the settlement. A more

detailed budget will be available following the completion of

contracting procedures.

Major budget categories include equipment (boats, motors, decoys,

photo and audio equipment, decoys, vehicles, etc.); operating costs

(gas, aerial survey flights, travel, administrative support, etc.);

salaries (salaries for agency personnel conducting recolonization

project); contracts/agreements (seabird recolonization consultant,

cooperative agreement for Farallon Islands work); public education/

outreach (public meetings, press releases, press conferences,

presentations, publications in popular and technical literature, etc.).

Table 1.--Estimated Murre Project Budget

--------------------------------------------------------------------------------------------------------------------------------------------------------

Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10

--------------------------------------------------------------------------------------------------------------------------------------------------------

Equipment............... 155,000

210,000 50,000-

70,000 75,000-

105,000 50,000-

70,000 55,000-

75,000 50,000-

70,000 50,000-

70,000 55,000-

70,000 50,000-

70,000 50,000-

70,000

Operating Costs......... 130,000

175,000 125,000-

170,000 120,000-

160,000 120,000-

160,000 120,000-

160,000 120,000-

160,000 120,000-

160,000 120,000-

160,000 120,000-

160,000 120,000-

160,000

Salaries................ 70,000

95,000 195,000-

260,000 205,000-

275,000 215,000-

290,000 225,000-

305,000 225,000-

305,000 235,000-

320,000 250,000-

335,000 260,000-

350,000 275,000-

370,000

Contracts/Agreements.... 20,000

25,000 80,000-110

,000 80,000-

110,000 30,000-

45,000 35,000-

45,000 25,000-

30,000 25,000-

35,000 25,000-

35,000 30,000-

35,000 30,000-

40,000

Public Education/

Outreach............... 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000 5,000-

10,000

Annual Total............ 380,000

515,000 455,000-

620,000 485,000-

660,000 420,000-

575,000 440,000-

595,000 425,000-

575,000 435,000-

595,000 455,000-

610,000 465,000-

625,000 480,000-

650,000

Cumulative Project Total 380,000

515,000 835,000-

1,135,000 1,320,000

1,795,000 1,740,000

2,370,000 2,180,000

2,965,000 2,605,000

3,540,000 3,040,000

4,135,000 3,495,000

4,745,000 3,960,000

5,370,000 4,440,000

6,020,000

--------------------------------------------------------------------------------------------------------------------------------------------------------

IX. Responses to Comments

The Service received numerous oral and written comments at a public

meeting held on November 17, 1994, in Sausalito, California, and during

the public comment period that began with the November 4, 1994, Federal

Register notice (Federal Register/Vol. 59, No. 213/55282). The Service

appreciates the time and effort expended by the respondents.

A. General Comments Concerning This Plan

1. Length of the Public Comment Period. Comment: Several

respondents stated that the initial 30-day public comment period was

not sufficient to allow detailed review of the draft Plan.

Response: The Service extended the public comment period to 45

days.

2. Value of the Project. Comment: Many respondents expressed their

belief that this project was an appropriate use of the settlement money

and would help restore the bird species that was most impacted by the

spill.

Response: The Service appreciates the support the public has shown

for this project.

Comment: Several respondents said that the project was a waste of

money and should not be implemented.

Response: In their legal complaints against the parties allegedly

responsible for this oil spill, the State and Federal plaintiffs sought

recovery for injuries to the natural resources under the trusteeship of

the United States and the State of California. During the pendency of

this action, the United States and the State, through their designated

Natural Resource Trustees, proposed certain projects to restore natural

resources injured as a direct result of the spill. These projects

included the common murre recolonization project that is the subject of

this Final Plan, as well as the marbled murrelet habitat acquisition

project. The plaintiffs and defendants agreed, and the court by

entering a Consent Decree found, that the proposed projects were

reasonable and appropriate measures to restore the affected natural

resources.

The Consent Decree states that the Trustees may make other use of

the proceeds of the settlement if they ``determine that either of the

proposed restoration projects are not feasible, practicable, or in the

public interest.'' However, the Trustees have not obtained any

convincing information through the public comment process, or through

their own continued review of the project, to indicate that either of

the proposed projects is not feasible, not practicable, or not in the

public interest. On the contrary, nearly all of the public comments

supported the project in concept and focused on technical details that

could be improved or clarified. Therefore, the Trustee Council has

authorized the Service to proceed with this project as described in

this Final Plan.

3. Compliance With Environmental Regulations. Comment: Several

respondents asked for clarification on how the Service will comply with

the National Environmental Policy Act (NEPA) and other legislation

designed to prevent adverse impacts of Federal projects on the

environment.

Response: Preparation of an Environmental Impact Report or

Environmental Assessment under NEPA is not required for this project

because the restoration of species to their native range is an activity

that is categorically exempt from NEPA and from its State equivalent,

the California Environmental Quality Act. The Service has prepared and

filed appropriate documentation of these exemptions. In addition, the

Service has asked for and received a negative consistency determination

from the California Coastal Commission, as required by the Coastal Zone

Management Act.

The installation of decoys, tape recorders, cameras, and ladders at

breeding colonies will take place during the non-breeding season to

avoid disturbance of murres, cormorants, gulls, and other species

protected by the Migratory Bird Treaty Act. Control of gulls and other

predators is not currently a component of this project. The Service

will obtain all necessary Federal, State, and local permits, and

[[Page 20747]] access permission from private landowners, before

initiating field work.

B. Comments Regarding Alternative Projects

Comment: Several respondents suggested that the murre

recolonization project should be implemented as a pilot study at a

reduced level of funding, and that the savings should be used to fund

other projects, including: Rhinoceros auklet restoration, additional

habitat acquisition for marbled murrelets, acquisition of property

containing a common murre colony at Cape Vizcaino in Mendocino County,

a fisheries task force to reduce mortality of seabirds in gill nets of

the central California fishing industry, efforts to reduce impacts of

chronic oil pollution on seabirds, gull control and other projects on

the Farallon Islands, and genetic studies of Pacific coast murres.

Response: The draft Plan was revised and more detail has been

provided in the Restoration Alternatives Considered and Selected

section of the Final plan. The Service intends to approach this project

in phases. The initial phase focuses on direct restoration activities

at Devil's Slide and San Pedro rocks, and monitoring at other sites.

The project will be scaled up to include implementation of

recolonization techniques at Hurricane Rock and Castle Rock after

several years of monitoring, if appropriate. This phased approach was

implicit in the Draft Plan and has been further clarified in the Final

Plan. A reduced level of effort will not provide sufficient information

to evaluate whether the project is working, and diversion of money to

other projects may not allow implementation of the project over the

entire ten year period that may be necessary to achieve the project's

goals. Consequently, the Service does not feel it would be acting in

the public interest to shift large sums of money from the murre

recolonization project to other projects at this time.

This decision does not mean that the Service or the Trustees reject

the argument that some of the alternative projects that were suggested

would be beneficial to natural resources injured by the Apex Houston

Oil Spill. On the contrary, many of these projects, including

rhinoceros auklet restoration and acquisition of the murre colony at

Cape Vizcaino, were considered during settlement negotiations. Other

suggested projects, including projects to reduce seabird mortality from

gill nets and chronic oiling, are already underway with funding from

other sources within the Trustee agencies. The murre recolonization

project and the murrelet habitat acquisition project were given

priority because the Trustees feel that these two projects best address

restoration needs of local populations of the species that were most

seriously impacted by the spill. The Alternatives Considered section of

the Final Plan has been expanded to better address these concerns.

The Service intends to carefully manage project expenditures to

stay within the proposed budget, and will attempt to realize savings

wherever possible. In addition, the settlement money will be invested

in an interest-bearing account within the Department of the Interior's

Natural Resource Damage Assessment and Restoration fund. In general,

the priority for use of any savings realized through this strategy will

be continuation of murre restoration efforts beyond 10 years and

acquisition of marbled murrelet nesting habitat, as per the Consent

Decree. Other alternatives that are cost effective and have clear

benefits to injured resources will receive future consideration from

the Trustee Council on a case-by-case basis if their implementation

will not compromise the objectives of the two main projects.

C. Comments Regarding Details of the Plan

1. Project Duration and Goals. Comment: Several respondents

expressed concern that 10 years may not be long enough to achieve the

goals of this project because murres have inherently low reproductive

rates, usually do not breed until they are several years old, and may

not breed in years when oceanic conditions are not favorable.

Response: The Service agrees that 10 years may be the minimum

amount of time necessary to achieve the goal of recolonizing common

murres at sites from which they have been extirpated. The long-term

goal of restoring these colonies and the central California population

to pre-spill numbers will almost certainly require more than 10 years.

The Goals section was revised in the Final Plan to clarify the

Service's short and long-term goals. The Service believes that the

goals of the project can best be achieved through immediate

implementation of recolonization efforts, and through continued efforts

via other State and Federal programs to protect central California

murres from human disturbance, chronic oiling, and entanglement in gill

nets while the recolonization efforts are underway.

2. Disturbance of Murres and Other Nesting Seabirds. Comment:

Several respondents cautioned the Service to either forego or proceed

carefully with implementation of restoration efforts at Hurricane Rock

and Castle Rock to avoid disturbing the remaining murres nesting at

these sites.

Response: The Service agrees that unnecessary disturbance of the

remaining murres nesting at these sites should be avoided. This concern

was expressed in the Draft Plan and has been clarified in the Final

Plan. Efforts at these sites will be limited to monitoring of behavior

and reproductive success for the first 2 years of the project. After 2

years, the Service may deploy social attractants at these sites, but

only where it is deemed necessary to encourage murres to recolonize

lost subcolonies or suitable, unoccupied rocks.

Comment: Several respondents cautioned the Service to minimize

disturbance of Brandt's cormorants and western gulls that nest at

Devil's Slide Rock and other sites where recolonization is proposed.

Response: The Service agrees that disturbance of other nesting

seabirds should be minimized during this project. Human disturbance

will be minimized by deploying social attractants during the non-

breeding season, conducting aerial surveys at appropriate heights to be

determined in consultation with the Gulf of the Farallones National

Marine Sanctuary and other agencies, and by making behavioral

observations through telescopes located in blinds, on boats, or on the

mainland, rather than in the middle of colonies.

In the few instances where formation of new murre colonies has been

observed in central California, these new colonies were established

within existing Brandt's cormorant colonies, possibly because these

locations provided greater protection from gull predation (Ainley and

Boekelheide 1990). Common murres and Brandt's cormorants also nest

together at several colonies along the coasts of California and Oregon

(Carter et al. 1992, Carter and Takekawa unpubl. data, R. Lowe pers.

comm.). Because common murres can sometimes supplant cormorants and

gulls from nesting areas, the potential exists for cormorant

reproductive success to be reduced at recolonization sites (Ainley and

Boekelheide 1990). However, the Service believes this problem can be

minimized by deploying social attractants in such a way that murres

obtain the benefits of proximity to nesting cormorants without usurping

cormorant nest sites. Behavior and reproductive success of cormorants

and gulls nesting on recolonization sites will be monitored to help

determine the effect of murre recolonization on local seabird

communities.

[[Page 20748]]

3. Farallon Islands Component of the Project. Comment: Several

respondents asked for expansion or clarification of the scope of the

Farallon Islands component of the project and pointed out that an

understanding of the status and phenology of the large colony at

Southeast Farallon Island is critical to restoration efforts at the

smaller, nearshore colonies. Also, some respondents suggested that

experiments with decoys be conducted at the Farallon Islands in order

to refine and validate social attraction methodologies and protocols.

Response: The Service agrees that Farallon Islands are an important

component to the conservation and understanding of the central

California common murre population. Monitoring of common murres at the

Farallon Islands, especially individually banded murres, will be

important for evaluating the success of the recolonization efforts at

the nearshore colonies and has been included in the Final Plan. The

Service believes that the efforts described in the Final Plan are

appropriate for the Farallon Islands, given National Wildlife Refuge

management objectives and protocols. The Service does not believe that

the colonies on the Farallon Islands merit greater emphasis in

restoration than the nearshore colonies. The murre colonies on the

Farallon Islands were impacted by the spill, but may still contain

sufficient birds to accomplish any necessary social facilitation of

breeding without human intervention.

Research on decoy placement and on effectiveness of combinations of

auditory and visual attractants has been underway in Maine for several

years (Schubel 1993). This research provides empirical data on numbers

and densities of decoys sufficient to attract murres when combined with

auditory stimuli. The Service believes that the information from Maine

is sufficient to guide initiation of the Final Plan. Therefore, the

Service believes it is not essential, at this time, to conduct methods-

oriented research and experimental validation of common murre

recolonization techniques at the Farallon Islands for the

recolonization project to be successful. However, the Trustees will

reevaluate the restoration projects and consider additional projects at

least annually.

4. Additional Sites for Murre Recolonization. Comment: One

respondent suggested that the Service could do more to expand the range

of common murres in central California by using social attraction

techniques to start a new colony at Bodega Rock in Sonoma County.

Response: The Service did not consider this site for murre

recolonization because, as far as the Service is aware, it has no prior

history of use for nesting by murres. Lack of prior use suggests that

this may not be a suitable location for a murre colony.

5. Prey Resources for Common Murres. Comment: Some respondents

questioned whether ecological resources, such as prey, might be

insufficient to support growing murre populations and thereby could

limit the success of the project.

Response: The Service is aware of this theory and would welcome any

additional information for consideration on this subject at any time.

Currently, the Service believes that insufficient information exists to

conclude that prey resource limitations would preclude the success of

this project. In addition, Pacific Sardines (Sardinops sagax) are

beginning to recover in central California (Wolf 1992). Sardines had

disappeared north of Point Conception by 1951, probably due to a

combination of overfishing and an extended period of cold water

(described in Ainley and Lewis 1974). Their recovery may strengthen

food resources in the vicinity of the recolonization sites; for

example, the once abundant sardines were believed to be an important

food to larger seabirds, including cormorants and puffins (Ainley and

Lewis 1974). In addition, more detail was added to the plan to clarify

that common murre diet and feeding information would be collected at

recolonization and reference sites where feasible, in order to gain

more information on prey resources.

6. Public Outreach and Education. Comment: Several respondents

emphasized the importance of making public outreach and education an

integral part of the project.

Response: The Service agrees that public outreach and education

should be an integral part of this project, and has allocated up to

$10,000 annually for this purpose. Relevant public outreach and

education opportunities will be sought throughout the project, and will

be funded to the extent possible without compromising project goals.

7. Budget. Comment: Several respondents requested a more detailed

budget.

Response: A more detailed budget has been included in the Final

Plan. This budget contains anticipated ranges of annual costs for major

budgetary categories for the duration of the project. Actual costs for

cooperators and contractors will be known when negotiations are

completed, and/or when contracts have been advertised and bids

received.

8. Coordination With Other Trustee Councils. Comment: One

respondent recommended that the Apex Houston Trustee Council coordinate

its activities with the Trustee Councils that are guiding restoration

projects for seabirds injured in other oil spills along the Pacific

Coast.

Response: The Apex Houston Trustee Council will coordinate and

communicate with other Trustee Councils.

Literature Cited

Ainley, and T.J. Lewis. 1974. The history of Farallon Island marine

bird populations, 1854-1972. Condor 76:432-446.

Ainley, D.G. and R.J. Boekelheide, editors. 1990. Seabirds of the

Farallon Islands: Ecology, dynamics, and structure of an upwelling-

system community. Stanford University Press, Stanford, California.

450 pages.

Ainley, D.G., W.J. Sydeman, S.A. Hatch, and U.W. Wilson. 1994.

Seabird population trends along the west coast of North America:

causes and extent of regional concordance. Studies in Avian Biology

No. 15:119-133.

Birkhead, T.R. and D.N. Nettleship. 1980. Census methods for murres,

Uria species: a unified approach. Canadian Wildlife Service

Occasional Papers. Paper Number 43. 25pp.

Briggs, K.T., W.B. Tyler, D.B. Lewis, and D.R. Carlson. 1987. Bird

communities at sea off California: 1975-1983. Studies in Avian

Biology No. 11.

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Dated: April 19, 1995.

Thomas Dwyer,

Acting Regional Director, Region 1, Fish and Wildlife Service.

[FR Doc. 95-10277 Filed 4-26-95; 8:45 am]

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