82 FR 60377 - Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Strategic Restoration Plan and Environmental Assessment #3: Restoration of Wetlands, Coastal and Nearshore Habitats in the Barataria Basin, Louisiana
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 243 (December 20, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 243 (December 20, 2017)
| Page Range | 60377-60379 | |
| FR Document | 2017-27295 |
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)] [Notices] [Pages 60377-60379] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27295] [[Page 60377]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE201 Notice of Availability of the Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Strategic Restoration Plan and Environmental Assessment #3: Restoration of Wetlands, Coastal and Nearshore Habitats in the Barataria Basin, Louisiana AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability. ----------------------------------------------------------------------- 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), the Deepwater Horizon Federal and State natural resource trustee agencies for the Louisiana Trustee Implementation Group (Louisiana TIG) have prepared the Draft Strategic Restoration Plan and Environmental Assessment #3: Restoration of Wetlands, Coastal, and Nearshore Habitats in the Barataria Basin, Louisiana (SRP/EA). The Draft SRP/EA identifies a restoration strategy that will help prioritize future decisions regarding project selection and funding. Rather than selecting specific projects for construction, the Trustees evaluate a suite of restoration techniques and approaches, for example large-scale diversions or marsh creation, to determine how to best support restoring ecosystem-level injuries in the Gulf of Mexico through restoration in the Barataria Basin. The purpose of this notice is to inform the public of the availability of the Draft SRP/EA and to seek public comments on the document. DATES: The Louisiana TIG will consider public comments received or postmarked on or before Monday, February 5, 2018. Public Meetings: The Louisiana TIG will conduct two public meetings to provide information and seek public input on the Draft SRP/EA:January 17, 2018, in conjunction with the Coastal Protection and Restoration Authority Board Meeting; 9:30 a.m.; Louisiana State Capitol, House Committee Room 5; 900 North Third Street; Baton Rouge, LA 70802. Additional information regarding logistics for the Public Meeting, including the timing of the public comment opportunity following the Board Agenda, will be posted to the Louisiana (http://la-dwh.com) and DWH websites ((http://www.gulfspillrestoration.noaa.gov) (see ADDRESSES). January 24, 2018; 5:30 p.m.; University of New Orleans; Homer Hitt Alumni Center; 2000 Lakeshore Drive; New Orleans, LA 70148. The meeting will begin with an open house at 5:30 p.m. and follow with Louisiana TIG presentation and public comment opportunity at 6:00 p.m. ADDRESSES: Obtaining Documents: You may download the Draft SRP at: http://www.gulfspillrestoration.noaa.gov, http://www.la-dwh.com. Alternatively, you may request a CD of the Draft SRP/EA (see FOR FURTHER INFORMATION CONTACT). In addition, you may view the document at any of the public facilities listed at http://www.gulfspillrestoration.noaa.gov. Submitting Comments: You may submit comments on the Draft SRP/EA by one of following methods: Via the Web: http://www.gulfspillrestoration.noaa.gov/restoration-areas/louisiana. Via U.S. Mail: U.S. Fish and Wildlife Service, P.O. Box 49567, Atlanta, GA 30345; or Louisiana Coastal Protection & Restoration Authority, ATTN: Liz Williams, P.O. Box 44027, Baton Rouge, LA 70804. In Person: Written and verbal comments may be submitted at the public meetings on January 17 and January 24, 2018. FOR FURTHER INFORMATION CONTACT: National Oceanic and Atmospheric Administration--Mel Landry, [email protected], (301) 427-8711. Louisiana--Liz Williams, [email protected], (225) 342-7308. SUPPLEMENTARY INFORMATION: Introduction On April 20, 2010, the mobile offshore drilling unit Deepwater Horizon, which was being used to drill a well for BP in the Macondo prospect (Mississippi Canyon 252-MC252), exploded, caught fire, and subsequently sank in the Gulf of Mexico, resulting in an unprecedented volume of oil and other discharges from the rig and from the wellhead on the seabed. The Deepwater Horizon oil spill is the largest maritime oil spill in United States history, discharging millions of barrels of oil over a period of 87 days. In addition, well over one million gallons of dispersants were applied to the waters of the spill area in an attempt to disperse the spilled oil. An undetermined amount of natural gas also was released to the environment as a result of the spill. The Deepwater Horizon Federal and State natural resource trustees (DWH Trustees) conducted the natural resource damage assessment (NRDA) for the Deepwater Horizon oil spill under the Oil Pollution Act of 1990 (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, as represented by the National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management; National Oceanic and Atmospheric Administration, on behalf of the U.S. Department of Commerce; U.S. Department of Agriculture; U.S. Environmental Protection Agency; State of Louisiana Coastal Protection and Restoration Authority, 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 For the State of Texas, Texas Parks and Wildlife Department, Texas General Land Office, and Texas Commission on Environmental Quality. On April 4, 2016, the DWH Trustees reached and finalized a settlement of their natural resource damages claims with BP in a Consent Decree approved by the U.S. District Court for the Eastern District of Louisiana. Pursuant to that Consent Decree, restoration projects in the Louisiana Restoration Area are now chosen and managed by the Louisiana TIG. The Louisiana TIG is comprised of the following DWH Trustees: [[Page 60378]] State of Louisiana Coastal Protection and Restoration Authority (CPRA); Oil Spill Coordinator's Office (LOSCO); Department of Environmental Quality (LDEQ); Department of Wildlife and Fisheries (LDWF); Department of Natural Resources (LDNR); U.S. Department of the Interior, as represented by National Park Service, U.S. Fish and Wildlife Service, and Bureau of Land Management; National Oceanic and Atmospheric Administration, on behalf of the U.S. Department of Commerce; U.S. Department of Agriculture; and U.S. Environmental Protection Agency. This restoration planning activity is proceeding in accordance with the PDARP/PEIS. Information on the Restoration Type considered in the Draft SRP/EA, as well as the OPA criteria against which alternatives were evaluated, can be viewed in the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan) and in the Overview of the PDARP/PEIS (http://www.gulfspillrestoration.noaa.gov/restoration-planning/gulf-plan). Background On March 29, 2017, the Louisiana TIG solicited project ideas to sustainably create, restore, and enhance coastal wetlands, and restore or preserve Mississippi River processes (http://www.gulfspillrestoration.noaa.gov/2017/03/request-restoration-project-ideas-louisiana). From that input and review of other Louisiana restoration planning efforts, including Louisiana's Coastal Master Plan and Deepwater Horizon restoration planning efforts, the Louisiana TIG published a notice of intent on April 28, 2017 announcing its initiation of strategic restoration planning through two phases (82 FR 19659). The first phase would prepare a strategic restoration plan for Louisiana's Barataria Basin. The Deepwater Horizon spill created an ecosystem-level injury to the Gulf of Mexico, which included accelerated loss of critical wetlands, coastal, and nearshore habitats as well as injuries across all trophic levels in the Gulf of Mexico. The most severe losses to coastal marshes, which represent the foundation of the Gulf of Mexico ecosystem, were focused on the Barataria Basin. As described in the April 28, 2017 notice, the Louisiana TIG has prepared this Draft SRP/EA which focuses on wetlands, coastal, and nearshore habitat restoration type projects in the Barataria Basin restoration area. This geographic focus is appropriate as the PDARP/PEIS found that the Barataria Basin experienced some of the heaviest and most persistent oiling from the DWH spill and because the Basin supports very high primary and secondary production that contributes to the overall health of the northern Gulf of Mexico ecosystem. Overview of the Draft SRP/EA The Draft SRP/EA is being released in accordance with OPA, the OPA NRDA regulations in the Code of Federal Regulations (CFR) at 15 CFR part 990, and NEPA (42 U.S.C. 4321 et seq.). The Louisiana TIG focused this SRP/EA on two wetlands, coastal and nearshore habitat restoration approaches described in the PDARP/PEIS: Creating, restoring and enhancing coastal wetlands; and restoring and preserving Mississippi-Atchafalaya River processes. Within the two restoration approaches, the PDARP/PEIS identifies a series of potential restoration techniques. These techniques, spanning both restoration approaches, are as follows (PDARP/PEIS, Appendix 5.D): Create or enhance coastal wetlands through placement of dredged material; Backfill canals; Restore hydrologic connections to enhance coastal habitats; Construct breakwaters; and Controlled river diversions. Four project types are carried forward for additional consideration: sediment diversion projects; large-scale marsh creation projects; ridge restoration projects; and breakwater construction projects (also referred to as shoreline protection projects). After reviewing the restoration approaches and techniques, the Louisiana TIG identified 13 example projects from public submissions in response to the Notice of Solicitation and from the 2017 Coastal Master Plan. The Louisiana TIG then combined restoration techniques into four strategic restoration alternatives. With the exception of the natural recovery/no action alternative, each of these alternatives meets the Draft SRP/EA's purpose and need ``to restore the ecosystem level injuries in Barataria Basin and to restore, rehabilitate, replace, or acquire the equivalent of the injured wetlands, coastal, and nearshore habitat resources and services and compensate for interim losses of those resources from the DWH oil spill.'' The four strategic restoration alternatives are as follows: Alternative 1: Marsh creation, ridge restoration, and large-scale sediment diversion; Alternative 2: Marsh creation, ridge restoration, and shoreline protection; Alternative 3: Marsh creation and ridge restoration; and Alternative 4: Natural recovery/no action. The Louisiana TIG is proposing two decisions in this draft SRP/EA to restore ecosystem-level injuries in the Gulf of Mexico through restoration of critical wetlands, coastal, and nearshore habitat resources and services in the Barataria Basin. First, the Louisiana TIG proposes a preferred alternative that relies on a suite of restoration techniques in the Barataria Basin, including large-scale sediment diversion, marsh creation, and ridge restoration. Second, the Louisiana TIG proposes to advance specific projects forward for further evaluation and planning: The Mid-Barataria Sediment Diversion and two marsh creation increments within Large Scale Marsh Creation: Component E in northern Barataria Basin. The LA TIG also confirms its 2017 decision to move the Spanish Pass Increment of the Barataria Basin Ridge and Marsh Creation project forward for further evaluation and planning. The trustees are not making a decision to fund these projects for construction at this time. Rather, the trustees will continue to consider the selected projects in future Phase II restoration plans including further OPA and NEPA evaluation. The Louisiana TIG evaluated strategic restoration alternatives under criteria set forth in the OPA natural resource damage assessment regulations. The strategic restoration alternatives are consistent with the restoration alternatives selected in the Deepwater Horizon Oil Spill: Final Programmatic Damage Assessment and Restoration Plan/ Programmatic Environmental Impact Statement (PDARP/PEIS). NEPA requires federal agencies to consider the potential environmental impacts of planned actions. NEPA provides a mandate and framework for federal agencies to determine if their proposed actions have significant environmental effects and related social and economic effects, consider these effects when choosing between alternative approaches, and inform and involve the public in the environmental analysis and decision-making process. This SRP/EA tiers from the PDARP/ PEIS and incorporates by reference the NEPA environmental consequences analysis found in Chapter 6 of the PDARP/PEIS. The Louisiana TIG has found, based on its evaluation in the EA portion of this SRP/EA that: (1) The PDARP/EIS [[Page 60379]] included a thorough evaluation of the potential range of environmental effects that could result from the various restoration approaches and techniques analyzed in the PDARP; (2) the analysis of the environmental consequences of those approaches and techniques in the PDARP remains valid; (3) the effects of the restoration approaches and techniques, including the project selected for further planning and environmental review, evaluated in this SRP/EA are within the range of impacts evaluated in the PDARP; and (4) any new information regarding the environmental consequences of the restoration approaches and techniques, including the projects selected for further planning and environmental review, evaluated within this SRP/EA are within the range of and consistent with the environmental impacts identified and analyzed within the PDARP. Next Steps The public is encouraged to review and comment on the Draft SRP/EA. A public meeting has been scheduled to also help facilitate the public review and comment process. After the public comment period ends, the Louisiana TIG will consider the comments received before issuing a Final SRP/EA. A summary of comments received and the Louisiana TIG's responses and any revisions to the document, as appropriate, will be included in the final document. Administrative Record The documents comprising the Administrative Record for the Draft SRP/EA can be viewed electronically at http://www.doi.gov/deepwaterhorizon/adminrecord. Authority The authority for this action is OPA (33 U.S.C. 2701 et seq.), the OPA NRDA regulations at 15 CFR part 990, and NEPA (42 U.S.C. 4321 et seq.). Dated: December 14, 2017. Carrie Selberg, Deputy Director, Office of Habitat Conservation, National Marine Fisheries Service. [FR Doc. 2017-27295 Filed 12-19-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices 60379
included a thorough evaluation of the DEPARTMENT OF COMMERCE cost recovery for the IFQ Program (65
potential range of environmental effects FR 14919). Under the regulations, an
that could result from the various National Oceanic and Atmospheric IFQ permit holder must pay a cost
restoration approaches and techniques Administration recovery fee for every pound of IFQ
analyzed in the PDARP; (2) the analysis RIN 0648–XF877
halibut and IFQ sablefish that is landed
of the environmental consequences of on his or her IFQ permit(s). The IFQ
those approaches and techniques in the Fisheries of the Exclusive Economic permit holder is responsible for self-
PDARP remains valid; (3) the effects of Zone Off Alaska; North Pacific Halibut collecting the fee for all IFQ halibut and
the restoration approaches and and Sablefish Individual Fishing Quota IFQ sablefish landings on his or her
Cost Recovery Programs permit(s). The IFQ permit holder is also
techniques, including the project
responsible for submitting IFQ fee
selected for further planning and AGENCY: National Marine Fisheries payment(s) to NMFS on or before the
environmental review, evaluated in this Service (NMFS), National Oceanic and due date of January 31 of the year
SRP/EA are within the range of impacts Atmospheric Administration (NOAA), following the year in which the IFQ
evaluated in the PDARP; and (4) any Commerce. landings were made. The total dollar
new information regarding the ACTION: Notice of standard prices and amount of the fee due is determined by
environmental consequences of the fee percentage. multiplying the NMFS published fee
restoration approaches and techniques, percentage by the ex-vessel value of all
including the projects selected for SUMMARY: NMFS publishes the IFQ landings made on the permit(s)
further planning and environmental individual fishing quota (IFQ) standard during the IFQ fishing year. As required
review, evaluated within this SRP/EA prices and fee percentage for cost by § 679.45(d)(1) and (d)(3)(i), NMFS
are within the range of and consistent recovery for the IFQ Program for the publishes this notice of the fee
with the environmental impacts halibut and sablefish fisheries of the percentage for the halibut and sablefish
identified and analyzed within the North Pacific (IFQ Program). The fee IFQ fisheries in the Federal Register
PDARP. percentage for 2017 is 2.2 percent. This during or before the last quarter of each
action is intended to provide holders of year.
Next Steps halibut and sablefish IFQ permits with
Standard Prices
the 2017 standard prices and fee
The public is encouraged to review The fee is based on the sum of all
percentage to calculate the required
and comment on the Draft SRP/EA. A payment for IFQ cost recovery fees due payments made to fishermen for the sale
public meeting has been scheduled to by January 31, 2018. of the fish during the year. This
also help facilitate the public review includes any retro-payments (e.g.,
DATES: Valid on December 20, 2017.
and comment process. After the public bonuses, delayed partial payments,
comment period ends, the Louisiana FOR FURTHER INFORMATION CONTACT: Carl
post-season payments) made to the IFQ
TIG will consider the comments Greene, Fee Coordinator, 907–586–7105. permit holder for previously landed IFQ
received before issuing a Final SRP/EA. SUPPLEMENTARY INFORMATION: halibut or sablefish.
A summary of comments received and Background For purposes of calculating IFQ cost
the Louisiana TIG’s responses and any recovery fees, NMFS distinguishes
revisions to the document, as NMFS Alaska Region administers the between two types of ex-vessel value:
IFQ Program in the North Pacific. The Actual and standard. Actual ex-vessel
appropriate, will be included in the
IFQ Program is a limited access system value is the amount of all compensation,
final document.
authorized by the Magnuson-Stevens monetary or non-monetary, that an IFQ
Administrative Record Fishery Conservation and Management permit holder received as payment for
Act (Magnuson-Stevens Act) and the his or her IFQ fish sold. Standard ex-
The documents comprising the Northern Pacific Halibut Act of 1982. vessel value is the default value used to
Administrative Record for the Draft Fishing under the IFQ Program began in calculate the fee. IFQ permit holders
SRP/EA can be viewed electronically at March 1995. Regulations implementing have the option of using actual ex-vessel
http://www.doi.gov/deepwaterhorizon/ the IFQ Program are set forth at 50 CFR value if they can satisfactorily document
adminrecord. part 679. it; otherwise, the standard ex-vessel
In 1996, the Magnuson-Stevens Act value is used.
Authority was amended to, among other purposes, Section 679.45(b)(3)(iii) requires the
The authority for this action is OPA require the Secretary of Commerce to Regional Administrator to publish IFQ
(33 U.S.C. 2701 et seq.), the OPA NRDA ‘‘collect a fee to recover the actual costs standard prices during the last quarter
regulations at 15 CFR part 990, and directly related to the management and of each calendar year. These standard
NEPA (42 U.S.C. 4321 et seq.). enforcement of any . . . individual prices are used, along with estimates of
quota program.’’ This requirement was IFQ halibut and IFQ sablefish landings,
Dated: December 14, 2017. further amended in 2006 to include to calculate standard ex-vessel values.
Carrie Selberg, collection of the actual costs of data The standard prices are described in
Deputy Director, Office of Habitat collection, and to replace the reference U.S. dollars per IFQ equivalent pound
Conservation, National Marine Fisheries to ‘‘individual quota program’’ with a for IFQ halibut and IFQ sablefish
Service. more general reference to ‘‘limited landings made during the year.
access privilege program’’ at section According to § 679.2, IFQ equivalent
sradovich on DSK3GMQ082PROD with NOTICES
[FR Doc. 2017–27295 Filed 12–19–17; 8:45 am]
BILLING CODE 3510–22–P 304(d)(2)(A). Section 304(d)(2) of the pound(s) means the weight amount,
Magnuson-Stevens Act also specifies an recorded in pounds, and calculated as
upper limit on these fees, when the fees round weight for sablefish and headed
must be collected, and where the fees and gutted weight for halibut, for an IFQ
must be deposited. landing. The weight of halibut in
On March 20, 2000, NMFS published pounds landed as guided angler fish is
regulations in § 679.45 implementing converted to IFQ equivalent pound(s) as
VerDate Sep<11>2014 21:36 Dec 19, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1](https://thefederalregister.org/doc/82_FR_60620/page/3.svg)
Document Created: 2018-10-25 10:54:54
Document Modified: 2018-10-25 10:54:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability. | |
| Dates | The Louisiana TIG will consider public comments received or postmarked on or before Monday, February 5, 2018. | |
| Contact | <bullet> National Oceanic and Atmospheric Administration--Mel Landry, [email protected], (301) 427-8711. | |
| FR Citation | 82 FR 60377 | |
| RIN Number | 0648-XE20 |
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