Oyster Advisory Committee February 26, 2013 Deepwater Horizon

Response Update

Unilateral removal of segments from active response Lack of proactive and long-term oil reconnaissance and removal Submerged oil Premature exit from response Orphaned boom anchors Ongoing Response Issues

Current Oiling Conditions Over 9 million pounds of oily materials have been removed from Louisiana since the response began collecting data. – June 2011 through December According to response data, over 211 miles of Louisiana shoreline continue to display some degree of oiling. 100% of the shorelines currently classified by response as “heavily oiled” and “moderately oiled” are Louisiana shorelines.

* Data compiled from June 2011 through December 2011 as reported in the “Ops Segment Tracker”

* Data compiled from January 2012 through December 2012 as reported in the “Ops Segment Tracker”

* Data compiled from June 2011 through December 2012 as reported in the “Ops Segment Tracker”

Louisiana Tar Mats (January February 22, 2013) Locations Elmer’s Island (Jefferson)Northern Barataria Bay (Plaquemines) Grand Terre I (Jefferson)Grand Isle (Jefferson) Grand Terre II (Plaquemines)Fourchon Beach (Lafourche) Keelboat Pass (St. Bernard)West Timbalier (Terrebonne)

Elmer’s Island

Natural Resource Damage Assessment

Photo Credit: NOAA Assessment Update: Field Work Nearshore sampling oyster workplan sampling is ongoing. Finalized work plans are available to the public: Assessment will continue while Early Restoration planning is under way.

Assessment Update: Toxicity Preliminary results of oyster toxicity studies include: Acute toxicity after exposure of gametes at low concentrations of oil and/or dispersants. Effects include impaired fertilization success and lower survival rates of embryos and larvae.

Preliminary results indicate that exposure to very low concentrations of oil has adverse effects to pelagic (marine) fish including: – mortality, cardiac edema, reduced heart function, and spinal curvature in early-life- stage mahi mahi and cobia. – cardiac malformation in early-life-stage yellowfin tuna Assessment Update: Toxicity Cont.

Results suggest other pelagic fish are similarly vulnerable.

Natural Resource Damage Assessment -- Early Restoration

Phase I Early Restoration Project Update

Lake Hermitage Marsh Creation

Louisiana Oyster Cultch Project Oyster Cultch Placements – Spring 2012 Hackberry Bay Sister Lake – Fall 2012 Lake Fortuna South Black Bay – Spring Mile Bay Drum Bay

Louisiana Oyster Cultch Project - Hatchery Oyster Hatchery Facility – Expansion of existing Louisiana Sea Grant Facility – At LDWF Marine Fisheries Lab – Designer - Crump Wilson Architects, LLC Baton Rouge, LA – Projected Timeline Construction begins – Feb Facility completion – Spring 2014 – Operations Broodstock maintenance Algal cultivation Larvae production Nursery system

Phase II Early Restoration Update

Coastal Restoration Projects Phase II ERP/ER The Phase II Final ERP/ER was finalized on December 21, Second round of projects to be funded from the $1 billion BP committed to early restoration on April 21, Approximately $9 million 2 projects: A Comprehensive Program for Enhanced Management of Avian Breeding Habitat Injuries by Response Improving Habitat Injured by Spill Response: Restoring the Night Sky

Oyster Re-establishment Program (Louisiana Oyster Cultch Project) Cheniere Ronquille Barrier Island Restoration Lake Hermitage Additional Increment (NRDA Early Restoration Project) Bay Side Segmented Breakwater at Grand Isle Saltwater HatcheryWest Grand Terre Beach Nourishment Shell Island RestorationWest Grand Terre Stabilization Chandeleur Islands RestorationBarataria Basin Barrier Shoreline Restoration - Caminada Headland Biloxi Marsh Shoreline ProtectionCaillou Lake Grand Liard Marsh & Ridge Restoration Coastal Restoration Projects “Louisiana Plan” Projects

RESTORE Act & Clean Water Act

Interstate Ecosystem Restoration Council Equal-Share State Allocations Impact-Based State Allocations 30% (+ 50% of the interest) 35% 2.5% (+25% of the interest) Centers of Excellence Research Grant Program 2.5% (+25% of the interest) Restoration Science, Observation, Monitoring, and Technology Program 2.5% (+25% of the interest) RESTORE Act Overview

The RESTORE Act establishes the Gulf Coast Ecosystem Restoration Council (Council) Members include: o Federal: Agriculture, Army, Commerce, EPA, the Interior, Homeland Security o Gulf Coast States: Alabama, Florida, Louisiana, Mississippi, and Texas Commerce serves as Chair Charged with developing a comprehensive plan. RESTORE Council

Incorporates work of the Gulf Coast Ecosystem Restoration Task Force Describes how the Council will build on this work Articulates next steps to develop an initial Comprehensive Plan Does not identify specific projects and programs that potentially will be included in the initial Comprehensive Plan RESTORE Council: Path Forward

1.Restore and Conserve Habitat 2.Restore Water Quality 3.Replenish and Protect Living Coastal and Marine Resources 4.Enhance Community Resilience 5.Restore and Revitalize the Gulf Economy RESTORE Council: Path Forward

February/March 2013: Public Engagement Sessions Spring 2013: -Release of Draft Initial Comprehensive Plan -Public meetings to solicit feedback on plan July 2013: Release of Initial Comprehensive Plan Council’s Comprehensive Plan: Timeline

Make a comment at CPRA meeting Attend a public meeting: - Make a comment via - Council’s Comprehensive Plan: How to Comment

Settlements and Upcoming Trial

$1 billion civil Clean Water Act penalty Subject to the RESTORE Act Judge Barbier approved settlement Transocean: Settlement of Clean Water Act Penalties

1 misdemeanor charge of violating the CWA $400 million in criminal fines and penalties $150 million: 50% to La. for barrier island and/or river diversions, 50% to AL, FL, MS and TX $150 million for oil spill response and prevention $100 million for DOI for improvements to offshore drilling safety practices Not subject to the RESTORE Act Judge Jane Triche Milazzo approved on February 14 Transocean: Settlement of Criminal Charges and Penalties

BP settled with certain private plaintiff’s for economic, property damage and medical claims. Following a fairness hearing, Judge Barbier gave final approval for the economic and property settlement on December 21, 2012 and the medical benefits settlement on January 11, 2013 Estimated $7.8 billion (the final figure could be higher or lower) Does not resolve claims against Transocean or Halliburton Does not resolve NRDA, CWA or other governmental claims Settlement on Private Economic, Property and Medical Claims

Began Monday, February 25, 2012 in Federal Court in New Orleans. Judge Carl Barbier presiding over a non-jury trial Phase I of a two part trial – Will determine fault for the explosion of the rig and the resulting spill and allocate fault amongst the defendants – Determine the issue of gross negligence – Will not resolve the amount of the remaining CWA claims – Does not resolve the NRDA claims MDL Trial

Questions?