Cosco Busan NRDA Status Update RRT 9 Quarterly Meeting June 27, 2012 Oakland, CA Michael Anderson (CDFG – OSPR) Greg Baker (NOAA – ARD)

Outline What are Natural Resource Damages? Timeline & Overview of Cosco Busan NRDA –Participating Trustee and Local Agencies –Injury Assessment Studies –Legal Settlement –Restoration Plan –Trustee Council –Current Activities

Potential Components of a Pollution Case Settlement Response and assessment costs Penalties Other claims public entities (lost tax revenue, lost parking fees, extra staff time, etc.) private claims (lost income, injury to property, etc.) Natural Resource Damages Cosco Busan: $32.3 million

What are Natural Resource Damages? Compensation for natural resource injuries Compensation for loss of use and enjoyment Damages are based upon the amount of restoration needed to make the environment and the public whole (OPA, Lempert-Keene)

The NRDA Process SPILL DATA COLLECTION INJURY QUANTIFICATION DAMAGE QUANTIFICATION/ RESTORATION SCALING SETTLEMENT RESTORATION NEXUS

Trustee and Local Agencies Involved in the Cosco Busan NRDA Trustees – DOI (USFWS, NPS), NOAA, CDFG, CSLC Local Agencies – Assessment Coordination & Restoration Planning (CCSF & EBRPD) Public – Restoration Planning

Cosco Busan Spill 53,569 gallons of intermediate fuel oil released Large Unified Command effort Intense public interest NRDA activated immediately after spill

UNIFIED COMMAND Treasure Island OPERATIONS SECTION PLANNING SECTION LOGISTICS SECTION FINANCE/ADMIN SECTION Information Officer Safety Officer Liaison Officer Investigations Agency Representatives Wildlife Impacts Habitat Impacts Human Use Impacts Sampling/Surveying Coordination with Trustee Legal and RP Fed and State Trustees; RP NRDA EFFORT Gulf of the Farallones NMS Command Post Wildlife Branch Situation Unit Environmental Unit Support Branch Procurement Unit Staging Area Recovery and Protection Branch Emergency Response Branch Air Operations Branch Resources Unit Documentation Unit Demobilization Unit Service Branch Time Cost Unit Time Unit Compensation/ Claims Unit Scientific Support Coordinator Response Technologies Spec. Weather Forecast Specialist Shoreline Cleanup Assessment Spec. Disposal Specialist Sampling Specialist Trajectory Analysis Specialist Resources-at-Risk Specialist Historical/Cultural Resources Spec. Recovery and Transportation Care and Processing Wildlife Recon Widlife Hazing NRDAR Representative

Significant Milestones During the Cosco Busan NRDA Process 1) Oil Spill 2) Data Collection 3) Public Information Meeting 4) Injury and Damage Quantification 5) Draft Damage Assessment & Restoration Plan 6) Public Comment Period 7) Final Restoration Plan 8) Implement Restoration Projects WE ARE HERE

Spill Nov. 7, 2007 Timeline of Cosco Busan NRDA Activities Injury Assessment Studies - Data Collection, Damage Quantification Restoration Scaling & Planning Public Outreach

Injury Assessment Assessed injuries and designed studies by natural resources & human uses affected Multi-disciplinary, multi-agency teams (including the RP) Collected data and planned NRDA tasks since Day 1 of the spill

Injured Resources Birds Mammals Fish Shoreline Habitats Human Recreational Use

Birds Collected Live and Dead: 2,940 Total Estimated Mortality: 6,849 Primary Species Impacted: Surf Scoter Western Grebe Eared Grebe Common Murre Marbled Murrelet Mammals Collected Live and Dead: 3 Total Estimated Mortality: few

Fish

Fish (Continued) Herring Larvae inside spill zone: (Carol’s Talk!) Herring Larvae outside spill zone: Estimated 14-29% of herring spawn lost in Based on 2010 spawn assessment; impacts limited to spawning year.

Shoreline Habitats(acres impacted) Rocky Intertidal:384 Sandy Beach: 648 Saltmarsh and Mudflats: 1,395 Eelgrass Beds:940 Note: Most acres were lightly or very lightly oiled, with recovery already complete.

Human Use Loss Assessment Approach Basic Calculation: –Lost Use = (# of Lost User-days) X ($Value per Lost User-Day) Types of Recreational Use –Water-related activities (e.g., surfing, sailing, swimming) –Fishing (e.g., pier, shoreline, charter boat) –General beach use –Jogging/Bicycling/Dog-walking –Sightseeing and Special Events

Human Recreational Use Impacts Lost User-Days: fishing: 69,500 boating: 26,600 general shoreline use: 983,800 Value of a Lost User-Day: varied across time and activity, but averaged $17.41

Legal Settlement Restoration Plan Trustee Council Current Activities

Spill Nov. 7, 2007 Settlement Negotiations Timeline of Cosco Busan NRDA Activities Signed & Lodged Consent Decree – Case Settled September 19, 2011 Injury Assessment Studies; Damage Quantification Restoration Scaling & Planning Restoration Project Implementation Issued Final Damage Assessment and Restoration Plan February 2012 Public Outreach Issued Draft Damage Assessment and Restoration Plan September 2011 Public Outreach Entering of Consent Decree January 27, 2012 Prepare Draft Damage Assessment and Restoration Plan

Cosco Busan Consent Decree $44.5 million plus past costs through entry of CD –$36.8 million for NRDA –$ 4.2 million OSTLF response costs –$ 1.3 million State response cost –$ 1.3 million state penalty –$ 916,000 CCSF fees and costs Largest Oil Pollution Act NRDA settlement to date Largest recovery for a lost human use claim

NRDA Restoration: $32.3 million Shoreline Habitats: $4.0 million Birds: $5.0 million Herring and Eelgrass: $2.5 million Lost Human Uses: $18.8 million –City and Co of S.F.: $1.125 million –City of Richmond: $0.669 million –State of CA: $7.260 million –National Park Service:$9.746 million Trustee Council: $2.0 million

Solicited restoration ideas from the public – early 2008 to draft document in 2011 DARP evaluated restoration alternatives –specific projects for birds, habitats, fish; –RFP for recreational restoration project selection Prepared concurrent with settlement negotiations – project alternatives reflected likely outcomes from the legal process Cosco Busan Final Damage Assessment and Restoration Plan Environmental Assessment

Berkeley Pier RFP for scoter project Corvid Management Farallon Nest Site Improvements Large Diving Birds (scoters, large diving ducks, loons) Large Grebes Salt Pond Divers (small diving ducks, small grebes) Alcids and Procellarids (murres, auklets, fulmar) Cormorants, Gulls, Pelicans Marbled Murrelets Snowy Plovers Shorebirds Marsh and Land Birds (coots, geese, herons, others) South Bay Salt Ponds Tule Lake Grebe Habitat Eelgrass Restoration Native Oyster & Rockweed Restoration Various Local Projects To Be Determined Fish Eelgrass Sandy Beaches Salt Marsh and Flats Rocky Intertidal Human Recreational Uses Aramburu Island Muir Beach Dunes Albany Beach

Cosco Busan Trustee Council Natural ResourcesRecreational Uses Birds Berkeley Pier Farallones Nests South Bay Salt Ponds/Eden Landing Grebes at Tule Lake Marbled Murrelets Surf Scoter RFP Fish/Eelgrass Multiple sites Habitat Muir Beach dune restoration Albany Beach Aramburu Island Native oysters—multiple sites Rockweed—multiple sites NFWF NPS CCSF Richmond Natalie Greg Janet Toby Daphne Kristen Steve Matt Sarah Michelle Leads: Alternates: Administration $5m $2.5m $4m $9.746m $7.260m $1.125m $669k

Restoration Actions - Birds Sub GroupSelected Projects$5,000,000 Surf Scoters / ScaupRequest For Proposals GrebesTule Lake NWR - Nesting Habitat Improvements Salt Pond DiversSouth Bay Salt Ponds Contribution Sea BirdsFarallon NWR Nest Site Enhancement Project Marbled MurreletsCorvid Management (CTA and Jay removal) - MM Conservation Zones 4,5, & 6: Southern Oregon to Monterey Bay Brown Pelicans, Cormorants, Gulls, Shorebirds Berkeley Pier Enhancement Project Marsh BirdsBenefits from Habitats Projects

Restoration Actions - Habitats Sub HabitatPreferred Projects$4,000,000 BeachesAlbany Beach Restoration Muir Beach Dune Restoration Rocky IntertidalNative Oyster Beds and Recruitment Rockweed Restoration MarshesAramburu Island Restoration

Restoration Actions – Fish/Eelgrass Preferred Projects$2,500,000 HerringExpand eelgrass habitat in SF Bay - Transplant seed stock using seed buoys - Mooring Chain Removal

Cosco Busan Oil Spill Restoration Actions – Human Rec. Use Sub HabitatPreferred Projects $18,800,000 Shoreline UseRequest for Proposals Boating / Rec. FishingRequest for Proposals

Recreation $18.8 million recreational use projects to be determined via several processes Administrative Breakout Proposed Restoration Projects

Recreation $18.8 million recreational use projects to be determined via several processes Geographic Breakout Proposed Restoration Projects

Restoration Actions Status of Selected Projects Shoreline Habitats: –Aramburu Island 2 nd year of work to begin Summer 2012 –Native oysters (seed collection) est. Fall 2012 –Rockweed (mapping and ID of viable Fucus donor plants –Muir Beach dune restoration est Birds: –Marbled murrellet: corvid control - CTA work underway –Berkeley Pier - city and CalTrans planning initiated –Farallone nest site improvements – likely start 2013 –South Bay Salt Ponds SOW and budget under development

Restoration Actions Status of Selected Projects Fish / Eelgrass: –NOAA issuing request for proposals this summer to collect eelgrass seeds from donor beds and deploy seed buoys at selected sites –Conducting side scan sonar of Keil Cove this summer Recreational Use: –DFG/CSLC has received proposals, anticipate awarding funds late 2012 –NPS reviewing proposals, first focusing on Marin Coast –CCSF has selected two projects: India Basin and Heron’s Head (southeast SF Bay shoreline)

Bird photos by Bob Dang Questions?

Acre-Years of Loss Due to Spill Acre-Years Gained from Restoration Project = Value of Habitat Initial Level Time Project Benefits Compensatory Restoration Spill (Recovery) (Baseline) Assessing Natural Resource Losses & Gains: Resource Equivalency Analysis Injury

NRDA Myths? Trustees are only interested in “cash out” settlements Settlement money is used to fund the Trustee's own office or to fill coffers during budget shortfalls Natural resource damages is usually much more than response costs NRDA is a black box of smoke and mirrors and there is no standard method for calculating damages