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Memorandum of Agreement Inter-Agency Agreement

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Memorandum of Agreement Inter-Agency Agreement Powered By Docstoc
					    Inter-agency Memorandum of
   Agreement Regarding Oil Spill
Planning and Response Activities
Under the Federal Water Pollution
    Control Act’s National Oil and
 Hazardous Substances Pollution
        Contingency Plan and the
         Endangered Species Act

                                                A Guidebook
                                                   Version 2002

United States Coast Guard



United States Environmental Protection Agency



Department of the Interior’s Fish and Wildlife Service



National Oceanic and Atmospheric Administration’s National Marine
Fisheries Service


National Oceanic and Atmospheric Administration’s National Ocean
Service



Department of the Interior
    Inter-agency Memorandum of
   Agreement Regarding Oil Spill
Planning and Response Activities
Under the Federal Water Pollution
    Control Act’s National Oil and
 Hazardous Substances Pollution
        Contingency Plan and the
         Endangered Species Act

                     A Guidebook
                       Version 2002
                                  DISCLAIMER:
The policies set forth in this document are intended as guidance to employees
of a number of Federal agencies (including US EPA, US Coast Guard, Depart-
ment of the Interior, and Department of Commerce), on how these agencies in-
tend to implement certain statutory and regulatory obligations. This guidance
is designed to implement national policy on these issues. This document
does not impose legally binding requirements on any Federal agency, states,
or the regulated community, and may not apply to a particular situation based
upon the circumstances. To fulfill statutory and regulatory obligations, each
agency or department retains the discretion to adopt approaches on a case-
by-case basis that may differ from this guidance.




                            REPORT AVAILABILITY

Copies of this report can be obtained from the following addresses:

Commandant (G-MOR)
United States Coast Guard
2100 Second Street, SW
Washington, DC 20593


Oil Program Center, Office of Emergency and Remedial Response
United States Environmental Protection Agency
1200 Pennsylvania Avenue, N.W. (Mail Code 5203G)
Washington, DC 20460




                                              ii
                                         TABLE OF CONTENTS
                                                                                                                                   Page
INTRODUCTION TO GUIDEBOOK.................................................................................. 3
  WHO SHOULD USE THIS GUIDEBOOK?..................................................................................... 3
  HOW DO WE USE THIS GUIDEBOOK? ....................................................................................... 3
CHAPTER 1: MEMORANDUM OF AGREEMENT OVERVIEW................................. 5
  WHY IS THIS MOA IMPORTANT?............................................................................................ 5
  PURPOSE ................................................................................................................................ 5
    Clean Water Act................................................................................................................ 6
    National Contingency Plan............................................................................................... 6
    Endangered Species Act.................................................................................................... 7
  KEEP IN MIND ........................................................................................................................ 7
  WHERE CAN I FIND MORE INFORMATION? ............................................................................ 8
CHAPTER 2:NATIONAL CONTINGENCY PLAN AND THE NATIONAL
          RESPONSE SYSTEM .................................................................................... 9
  WHAT ARE THE NATIONAL CONTINGENCY PLAN AND THE NATIONAL RESPONSE SYSTEM?
    HOW DO THEY RELATE TO EACH OTHER? .......................................................................... 9
   National Contingency Plan............................................................................................... 9
   National Response System ................................................................................................ 9
   National Response Center............................................................................................... 11
   Regional Response Teams............................................................................................... 11
  WHERE CAN I FIND MORE INFORMATION? .......................................................................... 12
CHAPTER 3: ENDANGERED SPECIES ACT OVERVIEW ........................................ 13
  WHAT IS THE ENDANGERED SPECIES ACT?.......................................................................... 13
  WHO ADMINISTERS THE ESA? ............................................................................................. 13
  DOCUMENTATION ................................................................................................................ 16
   Biological Assessment..................................................................................................... 16
   Letters of Concurrence ................................................................................................... 16
   Initiation Package........................................................................................................... 16
   Biological Opinion.......................................................................................................... 17
   Incidental Take Statement............................................................................................... 17
   Conservation Recommendations..................................................................................... 18
  HOW DOES THE ENDANGERED SPECIES ACT RELATE TO THE NATIONAL CONTINGENCY
    PLAN? ............................................................................................................................. 18
  WHERE CAN I FIND MORE INFORMATION? .......................................................................... 18




                                                                   iii
CHAPTER 4: INCIDENT COMMAND SYSTEM OVERVIEW ................................... 21
  HOW DO THE NATIONAL RESPONSE SYSTEM AND INCIDENT COMMAND SYSTEM FIT
    TOGETHER? ..................................................................................................................... 21
  WHAT IS THE INCIDENT COMMAND SYSTEM? ...................................................................... 21
    Command ........................................................................................................................ 22
    Planning.......................................................................................................................... 22
    Operations....................................................................................................................... 22
    Logistics .......................................................................................................................... 22
    Finance/ Administration ................................................................................................. 22
    Command Staff................................................................................................................ 22
    Unified Command ........................................................................................................... 23
  WHERE DO THE SERVICES FIT INTO ICS? ............................................................................. 23
  CONTACTS ........................................................................................................................... 24
  WHERE CAN I FIND MORE INFORMATION? .......................................................................... 24
CHAPTER 5: AREA CONTINGENCY PLANS, AN OVERVIEW ............................... 27
  WHAT IS AN AREA CONTINGENCY PLAN?............................................................................ 27
  HOW DOES THE FISH AND WILDLIFE AND SENSITIVE ENVIRONMENTS ANNEX FIT INTO THE
    ACP PLANNING PROCESS? .............................................................................................. 28
  WHERE CAN I FIND MORE INFORMATION? .......................................................................... 29
CHAPTER 6: PRE-SPILL PLANNING ............................................................................ 31
  WHAT IS THE PURPOSE OF THIS CHAPTER? ........................................................................... 31
  GETTING STARTED ............................................................................................................... 31
    Step 1 – Who needs to be involved in planning? ............................................................ 32
    Step 2 – Information Gathering ...................................................................................... 33
    Step 3 – Will there be any effects to listed species and/or critical habitat? ................... 33
    Step 4 – Which response measures are preferred?......................................................... 34
    Step 5 – Formal Consultation ......................................................................................... 35
    Step 6 – Documentation .................................................................................................. 36
  WHAT DO I DO WITH THIS INFORMATION? A REVIEW .......................................................... 36
  WHERE CAN I FIND MORE INFORMATION? .......................................................................... 36
  HOW PLANNING CAN WORK ................................................................................................. 38
CHAPTER 7: EMERGENCY RESPONSE ....................................................................... 41
  WHAT IS THE PURPOSE OF THIS CHAPTER? ........................................................................... 41
    Step 1 – Notification........................................................................................................ 41
    Step 2 – Evaluation of the Spill....................................................................................... 41
    Step 3 –Decide on Actions .............................................................................................. 42
    Step 4 – Closing the response portion of the case .......................................................... 44
  SCENARIOS .......................................................................................................................... 44
  WHERE CAN I FIND MORE INFORMATION? .......................................................................... 45
  HOW RESPONSE CAN WORK ................................................................................................. 46




                                                                   iv
CHAPTER 8: POST-RESPONSE....................................................................................... 49
   WHAT IS THE PURPOSE OF THIS CHAPTER?........................................................................... 49
    Step 1 –Determination of Effects .................................................................................... 49
    Step 2 – Finalizing Emergency Consultation Checklist (Appendix B, MOA)................. 50
    Step 3 – Is the Initiation package complete? .................................................................. 50
    Step 4 – What changes, if any, should be made to the ACP? ......................................... 51
   WHERE CAN I FIND MORE INFORMATION? .......................................................................... 51
   HOW POST-RESPONSE CAN WORK ........................................................................................ 52




                                                             v
vi
                                           LIST OF FIGURES
Figure                                                     Description                                             Page
Figure 4-1. ICS Management Activities.................................................................................. 21
Figure 4-2. Unified Command Structure ................................................................................ 23
Figure 4-3. Expanded Incident Command Structure.............................................................. 25
Figure 6-1. Pre-spill Planning Procedures ............................................................................ 38
Figure 7-1. Emergency Response Procedures........................................................................ 46
Figure 8-1. Post Incident Procedures..................................................................................... 52




                                                            vii
viii
   LIST OF ABBREVIATIONS, SYMBOLS, AND ACRONYMS

Term..............................................................................Abbreviation, Symbol, or Acronym

Area Contingency Plan .................................................................................................ACP
Department of Commerce............................................................................................. DOC
Department of the Interior ............................................................................................. DOI
        DOI, Office of Environmental Policy and Compliance.................................. OEPC
        DOI, Fish and Wildlife Service ........................................................................ FWS
Endangered Species Act ................................................................................................ ESA
Environmental Protection Agency................................................................................. EPA
        EPA’s Environmental Response Team ............................................................. ERT
Federal On-Scene Coordinator ......................................................... Federal OSC or FOSC
Incident Command System ............................................................................................. ICS
National Contingency Plan ............................................................................................NCP
National Oceanic and Atmospheric Administration ................................................. NOAA
        NOAA’s National Marine Fisheries Service ..................................................NMFS
        NOAA’s National Ocean Service ......................................................................NOS
National Pollution Funds Center..................................................................................NPFC
National Response Center............................................................................................. NRC
National Response System.............................................................................................NRS
National Strike Force ..................................................................................................... NSF
On-Scene Coordinator ...................................................................................................OSC
Pollution Removal Funding Authorization..................................................................PRFA
Pollution Reports ................................................................................................. POLREPS
Regional Contingency Plan............................................................................................ RCP
Regional Environmental Officer....................................................................................REO
Regional Response Coordinator ....................................................................................RRC
Regional Response Team...............................................................................................RRT
Scientific Support Coordinator ...................................................................................... SSC
Services .......................................................................................................FWS and NMFS
Unified Command............................................................................................................ UC
United States Coast Guard ..........................................................................................USCG
United States Fish and Wildlife Service ...................................................................... FWS




                                                                ix
x
                            ACKNOWLEDGMENTS

         The U.S. Coast Guard, U.S. Environmental Protection Agency, Department of the In-
terior, and Department of Commerce were responsible for developing this document. The
document was prepared by Ecosystem Management & Associates, Inc. (EM&A), under
Coast Guard contract number DTCGG8-01-P-MER209. LT Amy Cocanour served as the
project manager and provided overall direction and coordination of the project. Authors and
contributors include: LT Amy Cocanour (USCG), CDR Emily Christman (NOAA), Dr. Bar-
bara Davis (EPA), Christy Johnson-Hughes (USFWS), Mi Ae Kim (NMFS), Jan Thorman
(DOI), Everett Wilson (USFWS), LCDR Mark Ledbetter (USCG) and Laura Walko
(EM&A).




                                             xi
xii
          Inter-agency Memorandum of Agreement Regarding Oil Spill
             Planning and Response Activities Under the Federal Water
         Pollution Control Act’s National Oil and Hazardous Substances
             Pollution Contingency Plan and the Endangered Species Act

                                                                             A Guidebook


Abstract

         In 2001, the United States Coast Guard; United States Environmental Protection
Agency; Department of the Interior’s Office of Environmental Policy and Compliance and
Fish and Wildlife Service; and the National Oceanic and Atmospheric Administration’s Na-
tional Marine Fisheries Service and National Ocean Service developed and signed an Inter-
Agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities
Under the Federal Water Pollution Control Act’s National Oil and Hazardous Substances
Pollution Contingency Plan and the Endangered Species Act. The purpose of this MOA is to
increase cooperation and understanding among agencies involved in Endangered Species Act
compliance at every stage in oil spill planning and response. The MOA outlines procedures
to streamline the ESA compliance process before, during, and after an incident. The purpose
of this guidebook is to familiarize oil spill responders and Service representatives with: the
MOA; other pertinent documents and management plans; the processes through which coop-
eration should occur before, during, and after an incident; and the roles of several players in
the oil spill response process.




                                                                                             1
Endangered Species Act and Oil Spill Response




2
                                                   Endangered Species Act and Oil Spill Response



INTRODUCTION to Guidebook
SUMMARY

The Memorandum of Agreement (MOA) and this guidebook are the result of a cooperative
effort on the part of the US Coast Guard, Environmental Protection Agency, Department
of the Interior’s Office of Environmental Policy and Compliance and Fish and Wildlife
Service, and National Oceanic and Atmospheric Administration’s National Marine Fisher-
ies Service and National Ocean Service to examine endangered species consultation pro-
cedures before, during, and after oil spill response. The purpose of the MOA and this
manual is to facilitate cooperation and understanding between agencies involved in oil
spill planning and response. This cooperation needs to begin before an incident occurs,
and continue throughout the incident and the post-incident follow-up and review. By the
end of this training, you will be familiar with documents and procedures related to com-
pliance with the Endangered Species Act and the Federal Water Pollution Control Act’s
National Oil and Hazardous Substances Pollution Contingency Plan.



Who should use this guide-                     How do we use this guide-
book?                                          book?
This guidebook was designed for use by         This guidebook is designed for use either
the Federal agencies that signed the           in training or as a reference. It provides
Memorandum of Agreement (MOA):                 users the opportunity to examine materials
                                               and processes involved in endangered spe-
Department of the Interior (DOI)
                                               cies consultations before, during, and after
       Office of Environmental Policy
                                               an emergency response.
          and Compliance (OEPC)
       US Fish and Wildlife Service
                                               This guidebook has three purposes. The
          (FWS)
                                               first is to familiarize the response commu-
Environmental Protection Agency (EPA)
                                               nity with the requirements of Section 7 of
National Oceanic and Atmospheric Ad-
                                               the Endangered Species Act and to famil-
ministration (NOAA)
                                               iarize natural resource managers with the
       National Marine Fisheries Service
                                               requirements of the Federal Water Pollu-
          (NMFS)
                                               tion Control Act’s National Oil and Haz-
       National Ocean Service (NOS)
                                               ardous Substances Pollution Contingency
US Coast Guard (USCG)
                                               Plan (NCP). The second is to help plan-
                                               ners and responders set procedures in
This Guidebook may also be of interest to
                                               place that will facilitate smooth consulta-
other parties who participate in oil spill
                                               tion procedures during oil spill planning
preparedness and response actions under
                                               and response. The last is to identify the
the National Contingency Plan, including
                                               roles of each player in the oil spill re-
other Federal agencies; tribal, state, and
                                               sponse process.
local government representatives; and re-
sponsible parties.

                                                                                              3
Endangered Species Act and Oil Spill Response


If at all possible, train with members from
agencies involved in spill response within
a given Coast Guard District or EPA Re-
gion. Participants will benefit most from
training in an inter-agency group.

This document is organized into a series of
Chapters. If training is conducted as an in-
tra-agency session, then the instructor may
choose to adjust the training to abbreviate
coverage of the materials that are already
familiar to the class. However, we do rec-
ommend that all participants in this train-
ing acquaint themselves with the contents
of each chapter to be aware of what mate-
rial is being presented to colleagues in
other agencies.

At the beginning of each chapter is a text
box that outlines the information presented
in that chapter. At the end of each chapter
is a section titled “Where can I find more
information?” in which you will find ref-
erences to documents or websites contain-
ing further information on the chapter
topic.




4
                                                      Endangered Species Act and Oil Spill Response



Chapter 1: Memorandum of Agreement Overview
SUMMARY

The MOA provides a general framework for cooperation and participation among agen-
cies in the exercise of their oil spill planning and response duties. Recognizing that one of
the overarching goals of both the Federal Water Pollution Control Act and the Endan-
gered Species Act (ESA) is to protect fish, wildlife, and natural resources (including en-
dangered species and critical habitat). This MOA attempts to coordinate the requirements
of both statutes. Federal agencies have responsibilities under both statutes. Following the
recommended procedures will provide for the conservation of listed species, improve the
oil spill planning and response, and ultimately streamline the process required by Section
7(a)(2) of the ESA. Some regional differences in process will naturally exist; however, the
common underlying factor is that teamwork is essential if we are to meet our end goal -
better overall protection of the environment.




Why is this MOA important?                        special circumstances and needs of an
                                                  emergency situation. In addition, the
The fundamental goal of the MOA is bet-           MOA should alleviate some of the confu-
ter overall protection of the environment,        sion by providing step-by-step procedures
as well as alignment of actions taken under       for coordination and consultation at each
the National Contingency Plan with the            stage in the response.
provisions of the Endangered Species Act.
The MOA was written for two reasons:
                                                  Purpose
1) To encourage consistent, ongoing
                                                  As stated in the MOA, its purpose is three-
  communication and cooperation among
                                                  fold.
  agencies involved in oil spill planning
  and response as it pertains to ESA con-         1) “To identify and incorporate plans and
  sultations.                                        procedures to protect listed species and
                                                     designated critical habitat during oil
2) To familiarize members of the response
                                                     spill planning and response activities.”
  community with each agency’s role(s) in
                                                     In other words, the MOA encourages
  meeting the legal requirements of an oil
                                                     agencies involved in oil spill response
  spill response effort as they pertain to
                                                     to work together before an event occurs
  endangered species consultations.
                                                     so that when it occurs, the necessary
                                                     procedures are in place and familiar to
Conducting an endangered species consul-
                                                     all parties.
tation can be challenging and time con-
suming even under the best circumstances.         2) “To provide guidance on how to con-
During an emergency oil spill response,              duct emergency consultation under
the pressure on all parties is even greater.         ESA…[and] steps for completing for-
The ESA implementing regulations gov-                mal consultation, if necessary, after the
erning consultations take into account the           case is closed.” The MOA provides an

                                                                                                 5
Endangered Species Act and Oil Spill Response


    easy to follow, step-by-step flowchart      2) Mitigate or prevent any further risk of
    outlining planning, response, and post-        oil spills (discharges) into US waters.
    incident procedures as well as inter-       The President delegates this authority to
    agency contacts that should take place      the On-Scene Coordinator (OSC) through
    at each stage of oil spill planning and     an Executive Order. Oil spill planning and
    response.                                   response requirements are implemented in
3) To provide methods through which oil         part through the National Contingency
   spill response representatives and the       Plan.
   Service(s) “engage in informal consul-       The Oil Pollution Act of 1990 (OPA)
   tations whenever possible during plan-       amends Section 311(j) of the Clean Water
   ning and response” and to facilitate         Act to expand prevention and prepared-
   formal consultation when it is neces-        ness activities, improve response capabili-
   sary.                                        ties, and establish an Oil Spill Liability
                                                Trust Fund administered by the U.S. Coast
The procedures outlined in the MOA are          Guard.
based on the need to meet legal require-
ments set forth in the Federal Water Pollu-
tion Control Act, National Oil and Haz-         National Contingency Plan
ardous Substances Pollution Contingency
                                                The National Oil          Coordinate
Plan (NCP), and Endangered Species Act
                                                and       Hazardous
(ESA). In addition, the added cooperation
                                                Substances                Effective,
and sharing of information will improve                                   Immediate
                                                Pollution
oil spill response planning and lead to
more effective oil spill responses. A brief
                                                Contingency Plan          Removal of
                                                (NCP) provides for        Discharges
description of each authority is presented
                                                “efficient,
in the following segments. Each authority
                                                coordinated, and effective response to dis-
will be more fully examined in following
                                                charges” in US waters. The NCP outlines
Chapters.
                                                the capabilities and responsibilities of dif-
         Purpose of the MOA                     ferent Federal agencies during oil spill re-
1- ID better plans and procedures               sponse.
2- Provide guidance for Emergencies
                                                The NCP assigns highest priority to the
3- Use informal consultation when-
                                                safety of human life and stabilization of
    ever possible                               the oil spill situation. The NCP also em-
                                                phasizes protection of the environment
                                                from adverse impacts during a spill. Ac-
Clean Water Act                                 cording to the NCP, the Federal OSC must
The Federal Water Pollution Control Act,        determine whether an oil spill poses a sub-
commonly known as the Clean Water Act           stantial threat to “public health or welfare
(33 USC § 1321), requires the President of      of the United States (including, but not
the United States to take action to:            limited to, fish, shellfish, wildlife, other
                                                natural resources, and the public and pri-
1) Ensure effective, immediate removal of       vate beaches and shorelines of the United
   oil spills (called discharges in the law)
   into US waters, and


6
                                                      Endangered Species Act and Oil Spill Response


States).”1 If investigation shows that the
oil spill may or does in fact present such a
                                                       Listed Species = Any species of
threat, the Federal OSC directs all Federal,
state, and private actions to remove the oil          fish, wildlife, or plant, determined
spill or to mitigate or prevent the threat of          as threatened or endangered un-
such an oil spill as appropriate.                              der ESA Section 4

Endangered Species Act                           tat.2 Consultations involve an examination
The purpose of the Endangered Species            of the best available scientific and com-
Act (ESA) is to conserve listed species and      mercial data to determine whether the ac-
the ecosystems on which listed species de-       tion is likely to jeopardize the continued
pend. Under section 4 of the ESA, certain        existence of listed species or result in the
species may be listed as either endangered       destruction or adverse modification of des-
or threatened according to assessments of        ignated critical habitat. The ESA Hand-
their risk of extinction. Once listed, legal     book acknowledges that no one organiza-
measures take effect to aid the conserva-        tion has all the answers, and thus encour-
tion of the species. Two such measures           ages open, consistent communication
are contained in Section 7 of the ESA.           throughout the consultation process.
Section 7(a)(1) requires Federal agencies
                                                 Keep in Mind
to use their authorities to further the pur-
poses of the ESA by carrying out pro-            1)     This MOA addresses oil spill
grams for the conservation of listed spe-             RESPONSE ACTIVITIES, not the re-
cies. Section 7(a)(2) requires Federal                sults of the oil spill itself on listed spe-
agencies to ensure that any action they au-           cies and critical habitat. This is an im-
thorize, fund, or carry out is not likely to          portant distinction.
jeopardize the continued existence of
listed species or result in the destruction or   2) Be proactive. Investigating response op-
adverse modification of designated critical         tions during advance planning results in
habitat. These mandates are to be carried           a more efficient and effective response.
out in consultation with FWS or NMFS,            3) Just as each of these Federal statutes
collectively referred to as the Services.           work in concert to provide protection
                                                    for the environment, so should all the
The Services promulgated regulations for            agencies involved in oil spill response.
compliance with Section 7 and published a           The MOA encourages cooperation and
handbook to assist Federal agencies (See            communication at every step in the pro-
“Where Can I Find More Information?” at             cess. Teamwork is necessary if we are
the end of this chapter.) Consultation is a         to meet the end goal - better overall
cooperative process between the Federal             protection for the environment.
action agency and the Service(s). During
consultations, the involved agencies ana-
lyze the effects of a Federal action on
listed species and designated critical habi-     2During interagency cooperation, the agencies
                                                 can address not only listed species and desig-
                                                 nated critical habitat, but also species proposed
                                                 for listing and habitat proposed for designation
1Phrasing used in NCP Sec. 300.305(d) and        as critical habitat. Formal consultation, how-
200.322(a).                                      ever, is not required.

                                                                                                 7
Endangered Species Act and Oil Spill Response



           Where Can I Find More
           Information?

             Clean Water Act:
             33 USC § 1321
http://www4.law.cornell.edu/uscode/33/ch26.html

National Contingency Plan:
40 CFR Part 300
http://www.nrt.org/epa/nrt/home.nsf/resources/PDFS/$File/ncp.pdf


Endangered Species Act:
16 USC § 1531
http://endangered.fws.gov/esasum.html

Section 7 Consultations:
50 CFR Part 402
http://endangered.fws.gov/consultations/index.html

US Fish and Wildlife Service and National
Marine Fisheries Service. Endangered
Species Consultation Handbook: Proce-
dures for Conducting Consultation and
Conference Activities Under Section 7 of
the Endangered Species Act. US Govern-
ment Printing Office, Washington, D.C.
March 1998.
http://endangered.fws.gov/consultations/s7hndbk/s7hndbk.htm




8
                                                    Endangered Species Act and Oil Spill Response



Chapter 2: National Contingency Plan and the Na-
           tional Response System

SUMMARY

The Clean Water Act was enacted to protect and preserve US waters. The National Con-
tingency Plan was developed to support the Clean Water Act by establishing an organiza-
tional structure and procedures for responding to oil spills in US waters. That organiza-
tional structure and set of procedures is known as the National Response System.



What are the National Con-
tingency Plan and the Na-                         Fundamental Response Activities
                                                  1-Preparedness planning &
tional Response System? How
                                                    Coordination
do they relate to each other?                     2-Notification & Communications
National Contingency Plan                         3-Response operations

The National Contingency Plan (NCP), a
regulation that implements important parts
of the Clean Water Act, calls for agency         Oil spills are to be reported to the National
representatives to work together to pre-         Response Center (NRC). The NRC then
pare for, respond to, and remove spills in       alerts the Federal On-Scene Coordinator
or adjacent to US waters. The NCP sets           (OSC) for the area in which the oil spill
forth the organizational structure and pro-      occurred. The Federal OSC initiates the
cedures that guide oil spill planning and        appropriate response activities.
response actions, including coordination in
the planning stage, notification of a oil          On-Scene Coordinators
spill event, and setting up response op-         Under the NCP, oil spill response actions
tions.                                           are led or overseen by the Federal OSC
                                                 from the “lead agency.” USCG is the lead
National Response System                         agency for oil spills in open-ocean and
The organizational structure established by      most coastal waters. EPA is the lead
the NCP is known as the National Re-             agency for most inland oil spills.
sponse System (NRS). The purpose of the
NRS is to foster and encourage effective         To ensure an effective response, Federal
and coordinated preparedness and re-             OSC's are also responsible for directing oil
sponse actions among all levels of gov-          spill contingency planning in their areas of
ernment and between private sector and           responsibility and overseeing the Area
public efforts.                                  Committee's (described in Chapter 5)
                                                 preparation of an Area Contingency Plan.
                                                 This preparedness planning includes work-

                                                                                               9
Endangered Species Act and Oil Spill Response


                                                SSCs from NOAA and the ERT assist the
         Which Came First…?                     Federal OSC with such technical matters
                                                as oil fate and effects modeling; resources
            Clean Water Act                     at risk; recommending response tech-
                led to the                      niques; coordinating scientific informa-
                                                tion; data collection; and determining
        National Contingency Plan
                                                when the emergency response is complete.
         which established the                  NOAA SSC’s often provide technical as-
       National Response System                 sistance during both planning and re-
                                                sponse. The ERT often does very specific
                                                on-site technical assistance in treatment
                                                technology, biology, chemistry, hydrol-
ing with appropriate Federal, state and lo-
                                                ogy, geology and engineering and can be
cal officials to assure planning of joint re-
                                                designated as an SSC.
sponse efforts. This planning includes de-
veloping appropriate response procedures.         National Strike Force

The Federal OSC is responsible for deci-                  NRS Components
sion-making during responses to oil spills,
but is supported by and receives advice           • National Response Team (NRT)
from other agencies including state and lo-       • Regional Response Teams (RRT)
cal agencies. The Federal OSC can secure          • Federal On-Scene Coordinators (OSC)
assistance from special support personnel         • Area Committees (See Ch. 5)
such as the NOAA Scientific Support Co-           • National Response Center (NRC)
ordinator (SSC) and the EPA Environ-              • Special Teams
mental Response Team (ERT) on scien-
tific/technical issues, and the Coast
Guard’s National Strike Force (NSF) for         The Coast Guard’s National Strike Force
other types of resource support.                (NSF) maintains a highly specialized staff
                                                to assist the Federal OSC in many ways.
     Scientific Support Coordinators            For example, the NSF coordinates and
     and Environmental Response Team            maintains a nation-wide inventory of oil
SSCs are usually provided by NOAA in            spill response equipment; provides public
coastal zones and by EPA in inland zones.       affairs assistance; provides expertise in
                                                proper deployment of oil spill collection
                                                and recovery systems; and provides sup-
          Trustee Distinction
                                                port to set up and lead an Incident Com-
  Natural Resource Trustees (desig-
                                                mand System for response. Strike team
 nated in NCP) are NOT necessarily              members are capable of assisting with site
 Endangered Species Act specialists.            assessments, safety, action plan develop-
                                                ment, documentation for oil spills, and
      In order to ensure compliance             other activities in any area, regardless of
       with ESA, plans must include             whether EPA or Coast Guard provides the
      coordination with Service ESA             Federal OSC.
               Specialists.



10
                                                 Endangered Species Act and Oil Spill Response


   National and Regional Response             RRT 5 IL, IN MI, MN, OH, WI
                                                    (USCG District 9)
   Teams
The NCP also establishes the roles and re-    RRT 6 AR, LA, NM, OK, TX
sponsibilities of the National Response             (USCG District 8)
Team (NRT) and Regional Response
                                              RRT 7 IA, KS, MO, NE
Teams (RRT). The NRT is composed of                 (USCG District 8)
16 different Federal agencies. EPA chairs
the organization with USCG as vice-chair.     RRT 8 CO, MT, ND, SD, UT, WY
There are 13 RRTs, one for each of the 10           (USCG District 8)
standard Federal regions plus one each for
                                              RRT 9 AZ, CA, NV
Alaska, the Caribbean, and Oceania. The             (USCG District 11)
same 16 Federal agencies are represented
on the RRTs, along with state and tribal      RRT 10 AK, ID, OR, WA
governments. RRTs are co-chaired by                  (USCG District 13, except Alaska)
EPA and USCG. Both the NRT and the
                                              Caribbean
RRTs have preparedness and response                   (USCG District 7)
roles.
                                              Alaska
In preparedness, both the NRT and RRTs                  (USCG District 17)
provide policy guidance and assistance.
                                              Oceania
The RRTs are also responsible for devel-                (USCG District 14)
oping and maintaining a Regional Contin-
gency Plan (RCP). They also address re-          State and Local agencies
gionally specific issues such as the use of   Under the NCP, each state governor has
non-mechanical response technologies. In      been asked to designate one state of-
response, the NRT and RRT provide sup-        fice/representative to represent the state on
port, if requested, to the Federal OSC.       the appropriate RRT and a lead state
(See Chapter 5 for more information on        agency that directs response operations.
RCPs)                                         The state agency partners with the USCG
                                              and/or EPA in the development of the
National Response Center                      Area Contingency Plan and is part of the
Notification of a oil spill event:            Unified Command (see Chapter 4) during
800/424-8802 (operable 24/7)                  spill responses.

                                              Local governments are invited to partici-
Regional Response Teams
                                              pate in activities on the appropriate RRT
RRT 1 CT, ME, MA, NH, RI, VT                  as provided by state law or as arranged by
      (USCG District 1)                       the state’s representative.
RRT 2 NJ, NY, Puerto Rico, VI, Caribbean
      (USCG District 1, except Caribbean)     State and local involvement is critical be-
                                              cause these organizations are normally the
RRT 3 DE, DC, MD, PA, VA, WV                  first at the scene of a spill and are expected
      (USCG District 5)                       to initiate public safety measures neces-
RRT 4 AL, FL, GA, KY, MS, NC, SC, TN
                                              sary to protect health and welfare and are
      (USCG District 7)                       consistent with containment and cleanup
                                              requirements in the NCP. They can also

                                                                                           11
Endangered Species Act and Oil Spill Response


provide services and expertise not readily
available at the Federal level.


              Where Can I Find
              More Information?

                Clean Water Act:
                33 USC § 1321
http://www4.law.cornell.edu/uscode/33/ch26.html

Oil Pollution Act, 1990:
33 USC § 2701-2761
http://www4.law.cornell.edu/uscode/33/ch40.html

National Contingency Plan:
40 CFR Part 300
http://www.nrt.org/epa/nrt/home.nsf/resources/PDFS/$File/ncp.pdf


National Response Team
http://www.nrt.org

USCG website:
http://www.uscg.mil/d1/staff/m/rrt/roles.html




12
                                                   Endangered Species Act and Oil Spill Response



Chapter 3: Endangered Species Act Overview

SUMMARY

In 1973, Congress enacted the Endangered Species Act (ESA) for the purpose of conserv-
ing listed species and their habitats. The ESA requires Federal agencies to work together
to accomplish this purpose. Section 7 of the ESA and the implementing regulations outline
the procedures through which Federal agencies consult with the Services on the effects of
their action(s) on listed species and designated critical habitat. The Memorandum of
Agreement focuses on helping Federal oil spill responders meet the consultation require-
ments of the ESA. In this section, we briefly outline the basic elements of consultation.
These elements will be useful during discussions with the Services. Detailed information
on pre-spill planning consultations and emergency consultations can be found in Chapters
6 and 7, respectively.



What is the Endangered Spe-
                                                     Take =To harass, harm, pursue,
cies Act?                                            hunt, shoot, wound, kill, trap, cap-
Congress passed the Endangered Species               ture, or collect or attempt to en-
Act (ESA) in 1973 acknowledging that                     gage in any such conduct.
species extinctions were occurring as a
consequence of economic growth and de-
velopment untempered by adequate con-              Harm can include significant habitat
cern and conservation. The ESA outlines                modification or degradation.
a program for conserving threatened and
endangered plants and animals and the               Harass includes activity that sig-
habitats on which they rely.                           nificantly disrupts normal be-
                                                              havior patterns.
               Conserve
      To use all methods to bring
  listed species to a point at which            listed species of fish or wildlife without
   protection under the ESA is no               prior authorization of the Service(s).
           longer necessary                     Who administers the ESA?
                                                DOI’s Fish and Wildlife Service (FWS)
FWS and NMFS maintain lists of endan-           and NOAA’s National Marine Fisheries
gered species and threatened species.           Service (NMFS) serve as the lead agencies
Listed species include birds, fish, reptiles,   in administering the ESA. Often these
mammals, insects, crustaceans and other         agencies are referred to collectively as
invertebrates, flowers, grasses, and trees.     “the Services.” In general, NMFS handles
The ESA prohibits anyone from undertak-         marine and anadromous fish species in
ing an action that results in a "taking" of a   marine waters. FWS generally handles ter-

                                                                                             13
Endangered Species Act and Oil Spill Response


restrial and freshwater species and migra-        versely affect listed species or critical
tory birds. FWS and NMFS split the re-            habitat concludes the informal consulta-
sponsibility for conservation of marine           tion process. If specific sources of po-
mammals. NMFS conserves and manages               tential adverse effects are identified and
most pinnipeds and all whales. FWS has            removed, the Service(s) will provide a
responsibility for walruses and all other         concurrence letter and Section 7(a)(2)
marine mammals (such as sea otters, polar         requirements are met.
bears and manatees).                              The goal of the MOA is to use this form
                                                  of the consultation process whenever
ESA Section 7                                     possible so as to avoid or minimize im-
Section 7 of the ESA provides tools for           pacts to listed species or critical habitat.
three related purposes:                           The ACP planning process, which
                                                  should include the Services, is consid-
1) To conserve listed species,                    ered informal consultation. See Chap-
2) To assist with species recovery, and           ter 6 for specific information.
3) To protect critical habitat.                 2) Formal Consultation is a process con-
                                                   ducted between a Federal agency and
Federal agencies must consult with one or
                                                   the Service(s) to determine whether a
both of the Services when any activity car-
                                                   proposed action is likely to jeopardize a
ried out, funded or authorized by that
                                                   listed species or destroy or adversely
agency may affect listed species or desig-
                                                   modify critical habitat. “Jeopardy” or
nated critical habitat.
                                                   “to jeopardize the continued existence
                                                   of” means to engage in an action that
The Services conduct many types of con-
                                                   reasonably would be expected, directly
sultations. Because the NCP and ESA use
                                                   or indirectly, to reduce appreciably the
“consultation” to mean different things,
                                                   likelihood of both the survival and re-
the MOA attempts to clarify this by sug-
                                                   covery of a listed species in the wild by
gesting procedures that meet the mandates
                                                   reducing the reproduction, numbers or
of both. The language used in this section
                                                   distribution of that species. Formal
is from the ESA regulations. How the
                                                   consultation is required for actions that
consultations presented here are specifi-
                                                   may affect listed species or critical
cally integrated into planning and response
                                                   habitat unless the Federal agency de-
procedures is explained more thoroughly
                                                   termines, with the written concurrence
in Chapters 6 and 7. The following con-
                                                   of the Service(s), that the proposed ac-
sultation definitions pertain most directly
                                                   tion is not likely to adversely affect
to the MOA.
                                                   listed species or critical habitat. The
1) Informal Consultations may precede              process concludes with a written Bio-
  formal consultation. Informal consulta-          logical Opinion (BO), and may include
  tion is an optional process that includes        an incidental take statement.
  all discussions and correspondence be-
                                                  In some cases while using the MOA
  tween the Service(s) and Federal action
                                                  process, it may be necessary and even
  agency to determine whether a pro-
                                                  beneficial to engage in formal consulta-
  posed Federal action may affect listed
                                                  tion following informal or emergency
  species or critical habitat. A written
                                                  consultation.     Formal consultation
  concurrence from the appropriate Ser-
                                                  could be used in the planning process or
  vice that the action is not likely to ad-
14
                                                Endangered Species Act and Oil Spill Response


  following a spill. See Chapters 6,7, and      follow up with the NOAA SSC and
  8 for more information.                       RRC respectively. The Service(s) will
                                                follow the initial contact with a written
                 Jeopardy                       summary of the conversation.
     To directly or indirectly reduce
                                                If the initial review indicates that the
       appreciably the likelihood of
                                                action may result in jeopardy or adverse
      both the survival and recovery            modification, and no means of reducing
     of a listed species in the wild by         or avoiding this effect are apparent, the
        reducing the reproduction,              agency should be so advised, and the
     numbers or distribution of that            Service(s) conclusions documented.
                  species.
                                                The action agency then initiates formal
                                                consultation after the emergency situa-
3) Conference is a process of early inter-      tion is over if listed species or critical
   agency cooperation involving informal        habitat have been adversely affected. At
   or formal discussions between a Federal      this time, the consulting parties assess
   agency and the Service(s) regarding the      impacts to listed species and critical
   likely impact of an action on proposed       habitat as well as the effects of any rec-
   species or proposed critical habitat.        ommendations provided by the Ser-
   Conferences are required for proposed        vice(s) during the response. The Ser-
   Federal actions that are likely to jeop-     vice(s) provide a BO that documents
   ardize proposed species or destroy or        the effects of the emergency response
   adversely modify proposed critical           on listed species and/or designated
   habitat.                                     critical habitat.
  For the purposes of the MOA, “confer-
  encing” on proposed species is                     The subject of these
  achieved through the ACP planning              consultations is the effects of
  process, and can be included in infor-
  mal consultation. Biological Assess-             RESPONSE ACTIVITIES
  ments and subsequent Biological Opin-
  ions are not required.                        NOT the effects of spilled OIL
                                                on listed species/critical habitat
4) Emergency Consultations occur during
   disasters, casualties, national defense or   As per the MOA, if a spill response ac-
   security emergencies, or as addressed in     tivity may affect listed species and/or
   the MOA, during response to an oil           critical habitat, emergency consultation
   spill. The emergency consultation is         is used until the case is closed. This
   initiated informally. The action agency      should result in open communication
   contacts the Service(s) as soon as pos-      between the action agency and the Ser-
   sible about the situation for advice on      vices. Recommendations as well as ac-
   measures that would minimize effects         tions taken should be recorded. See
   of the response. This contact need not       Chapter 7 for more information on
   be in writing. Generally, under the          emergency consultation and Chapter 8
   MOA, the Federal OSC contacts the            for post-response procedures.
   DOC and DOI representatives who then
                                                                                          15
Endangered Species Act and Oil Spill Response



Documentation                                   Letters of Concurrence
Each agency is responsible for coordinat-       If a Federal agency determines that its
ing not only internally, but also with other    proposed action is not likely to adversely
agencies, to ensure proper documentation        affect listed species or designated critical
at each stage in the ESA compliance proc-       habitat, it may request concurrence from
ess. Some of the more important materials       the Service(s) in their determination. This
are presented below, including Biological       is part of informal consultation. Once the
Assessments, Biological Opinions, Inci-         Service(s) have the opportunity to review
dental Take Statements, and letters of con-     the action and agree that no adverse effects
currence.                                       are likely, they provide a letter of concur-
                                                rence.
Note that these are general terms taken
from the regulations. How they are used         If, however, the assessment of the pro-
in the MOA is described in Chapters 6-8.        posed action reveals potential adverse ef-
                                                fects, then the action agency has two alter-
Biological Assessment                           natives. The action agency can implement
                                                modifications to its proposed action that
A Biological Assessment (BA) can be a           would eliminate the potential impacts;
part of the Section 7(a)(2) consultation        otherwise, the action agency can initiate a
process. BAs contain an evaluation of the       formal consultation.
potential impacts of a proposed Federal
activity on listed species, proposed spe-       Appendix E of the MOA contains sample
cies, or designated or proposed critical        letters for requesting concurrence. Note
habitat. This information is provided by,       that in the MOA, it is expected that the
or under the direction of, the Federal ac-      Services are part of these conversations,
tion agency.                                    i.e., that they are not “reviewing” it after
                                                the fact. The letter of concurrence pro-
The conclusion(s) of the BA determine           vides documentation both for the Ser-
whether a formal consultation is required.      vice(s) and the action agency that this co-
If the conclusion is that the action is not     ordination has taken place. See Chapter 6
likely to adversely affect listed species or    for more information.
critical habitat, then the agency sends a re-
quest for concurrence to the Service(s).        Initiation Package
The Service(s) may agree or disagree with
the determination. If the conclusion is that    Formal consultation starts when the
the action is likely to adversely affect        agency submits a written request to initiate
listed species or critical habitat, then the    the process. The initiation package in-
action must undergo a formal consultation.      cludes a written request to the Service(s)
The Federal agency submits an initiation        to initiate formal consultation and con-
package to the appropriate Service to be-       tains:
gin consultation.                               1) A description of the action to be con-
                                                   sidered;
In the MOA, information needed for a BA
can be gathered by using the Planning           2) A description of the specific area that
Template provided in Appendix C. See               may be affected by the action;
Chapter 6 for more information.

16
                                                   Endangered Species Act and Oil Spill Response


3) A description of any listed species or       2) A summary of the information on which
   critical habitat that may be affected by         the opinion is based, and
   the action;                                  3) A detailed discussion of the effects of
4) A description of the manner in which             the action on listed species or desig-
   the action may affect any listed species         nated critical habitat.
   or critical habitat and an analysis of any
   cumulative effects;                          If the Service(s) determine an action is
                                                likely to jeopardize the continued exis-
5) Relevant reports, including any envi-
                                                tence of listed species, or destroy or ad-
   ronmental impact statement, environ-
                                                versely modify designated critical habitat,
   mental assessment, or biological as-
                                                the BO will contain available Reasonable
   sessment prepared; and
                                                and Prudent Alternatives that are within
6) Any other relevant available informa-        the agency’s authority and do not result in
   tion on the action, the affected listed      jeopardizing listed species or adverse
   species, or critical habitat.                modification of critical habitat.

If the Service(s) find the package com-         If a Service issues a jeopardy BO, the Fed-
plete, then consultation begins. If the         eral agency must notify the Service of its
package is deemed incomplete, additional        intent to proceed or not proceed with the
information may be requested. Once the          action. If the Federal agency cannot avoid
package is accepted, the Service(s) can         jeopardy (i.e., the project must proceed,
begin formal consultation and the prepara-      but taking of listed species or critical habi-
tion of a BO. Note that in the MOA, the         tat is likely), then the Federal agency and
Services can often assist in the develop-       Service(s) should meet to discuss how to
ment of information needed on response          resolve the issue. As described in the
activities through the planning process.        MOA, communications throughout the
The outline for the initiation package po-      ACP planning process can help avoid this
tentially needed after a spill response is      jeopardy determination.
found in Appendix B. Appendix C of the
MOA provides a planning template for use        The Services may generate a BO as a re-
in preparing the initiation package used        sult of the ACP planning process or after a
during planning.                                spill response. See Chapters 6 and 8 for
                                                more information. A BO prepared after a
Biological Opinion                              spill has occurred may contain slightly dif-
                                                ferent information, as the spill response
A Biological Opinion (BO) is prepared by
                                                actions have already been taken.
the Service(s) in response to receipt of an
initiation package from a Federal agency.
The BO includes:                                Incidental Take Statement

1) The opinion of the Service(s), stating       If the Service(s) determine that the action
    whether a Federal action is likely to       will not violate ESA Section 7(a)(2), then
    jeopardize the continued existence of       an incidental take statement will be in-
    listed species, or result in destruction    cluded in the BO. Incidental take is the
    or adverse modification of designated       take of listed species that results from, but
    critical habitat,                           is not the purpose of, carrying out an oth-


                                                                                             17
Endangered Species Act and Oil Spill Response


erwise lawful activity conducted by a Fed-      states that the Services will provide tech-
eral agency or applicant.                       nical expertise during planning and re-
                                                sponse. However, the NCP does not spec-
An incidental take statement specifies the      ify consulting with ESA specialists on
allowable amount or extent of take of a         spill response efforts. Therefore, efforts
listed species through an activity that is      should be made on both sides to ensure
otherwise legal.     The incidental take        that the Services provide input on spill re-
statement also includes methods to mini-        sponse measures during the planning
mize take (called Reasonable and Prudent        stages, and during actual responses. Re-
Measures). The methods to implement the         sponse agency leads should request input
Reasonable and Prudent Measures are out-        from Service representatives during the
lined in the Terms and Conditions.              planning and response processes. Like-
                                                wise, Service representatives should be
In the MOA, Incidental Take Statements          available for consultation (informal or oth-
may be provided during planning. Take           erwise) during planning and response pro-
will be documented during a response or         cesses.
even after a response. The Reasonable
and Prudent Measures and Terms and
Conditions are designed to minimize harm                    Where Can I Find More
and harassment to listed species and their                  Information?
habitat, as well as describe procedures for
handling species that are actually taken.                      Endangered Species Act:
                                                               16 USC § 1531
Conservation Recommendations
                                                NOAA websites:
Conservation recommendations, which de-         http://www.noaa.gov
scribe how the agency can promote the re-
covery of the species, are frequently pro-      http://www.nmfs.noaa.gov
vided. These are discretionary measures
that the action agency may elect to carry       http://www.nmfs.noaa.gov/endangered.htm
out.
                                                http://www.nmfs.noaa.gov/sfa/hmspg.html
How does the Endangered
Species Act relate to the                       Take permits
                                                http://www.nmfs.noaa.gov/prot_res/PR3/Permits/ESAPermit.html
National Contingency Plan?
                                                Protected Resources
Response actions undertaken to limit or         http://www.nmfs.noaa.gov/prot_res/overview/es.html
prevent oil discharges and/or their effects
on the environment have the potential to        Office of Response and Restoration
adversely affect listed species and critical    http://response.restoration.noaa.gov/
habitat. In order to fully meet the goals of
both the NCP and ESA, spill response            US EPA websites:
agencies and the Services should coordi-        http://www.epa.gov
nate on spill planning and response efforts.
The NCP requires OSCs to coordinate             Endangered Species Act
with natural resource trustees on spill re-     http://www.epa.gov/region5/defs/html/esa.htm
sponse efforts. In addition, the NCP also

18
                                                              Endangered Species Act and Oil Spill Response




US FWS website:
http://www.fws.gov

Endangered Species Act
http://endangered.fws.gov/esasum.html

Section 7 Consultations
50 CFR Part 402
http://endangered.fws.gov/consultations/index.html

US Fish and Wildlife Service and National
Marine Fisheries Service. 1998. Endan-
gered Species Act Consultation Hand-
book: Procedures for conducting Section 7
consultations and conferences. US Gov-
ernment Printing Office, Washington,
D.C.
http://endangered.fws.gov/consultations/s7hndbk/s7hndbk.htm




                                                                                                        19
Endangered Species Act and Oil Spill Response




20
                                                  Endangered Species Act and Oil Spill Response



Chapter 4: Incident Command System Overview
SUMMARY

The National Response Team endorses the use of a management system called the Incident
Command System (ICS) to manage response operations. ICS, along with a Unified Com-
mand (UC), provides an organizational framework for managing a variety of activities.
The MOA focuses on ICS and UC as it pertains to oil spill response. In this chapter, we
will introduce various aspects of the ICS. Potential members of an ICS/UC should become
familiar with the response management system identified in the appropriate Area Contin-
gency Plan.



How do the National Response                   or multiple incidents without being hin-
                                               dered by jurisdictional boundaries. The
System and Incident Com-                       USCG and EPA use ICS to achieve the
mand System fit together?                      coordination necessary to carry out effec-
                                               tive and efficient oil spill responses. The
While the NRS includes the different           ICS was originally developed to manage
agencies involved in oil spill preparedness    fast-moving wildfires. After the Exxon
and response, the ICS establishes a re-        Valdez spill in 1989, the system was
sponse management mechanism within             adapted to oil spill response operations. It
which agencies operate. For example, the       allows for the inclusion of Federal, state,
NRS includes OSCs. The ICS places the          local, and responsible party representatives
OSC within the Incident Command/ Uni-          in the response effort.
fied Command portion of the response
management framework. Likewise, the
NRS includes multiple resources that the                      Command
OSC can call for support during response
operations. For example, USCG special
teams, such as the Strike Force, support
the OSC throughout all Sections of ICS;          Operations   Planning   Logistics   Finance

NOAA’s SSCs and the EPA’s ERT sup-
port the OSC through the Planning and/or       Figure 4-1. ICS Management Activities
Operations Section of ICS.
                                               An ICS enables integrated communication
What is the Incident Com-                      and planning by establishing a manageable
mand System?                                   span of control. An ICS divides an emer-
                                               gency response into five manageable func-
The Incident Command System (ICS) is a         tions essential for emergency response:
standardized on-scene emergency man-           Command, Operations, Planning, Logis-
agement concept designed specifically to       tics, and Finance and Administration.
allow system users to adopt an integrated
organizational structure equal to the com-     Each of the primary ICS functions may be
plexity and demands of any single incident     sub-divided as needed. The ICS organiza-

                                                                                               21
Endangered Species Act and Oil Spill Response


tion has the capability to expand or con-       Logistics
tract to meet the needs of the incident. The
5 functions are described in the following      The Logistics Section provides support to
section.3                                       meet incident needs, including resources
                                                and all other services needed to support
                                                the incident.
Command
The Command sets objectives and priori-         Finance/ Administration
ties, and has the overall responsibility for
all response actions at the incident. In        The Finance/Administration Section sup-
smaller spill situations, there is generally    ports the spill response effort by maintain-
one Incident Commander (IC) who leads           ing all records related to costs, accounting,
the entire operation. This person is likely     procurement, and time recording, as well
to be a representative of the responsible       as providing cost analysis.
party or a local emergency responder. In
some incidents, the Federal OSC will be         Command Staff
the IC for the spill. In larger spills, an-     If the situation requires it, the IC can also
other command mechanism can be imple-           assign personnel for a Command Staff,
mented (see Unified Command) in which           providing Information, Safety, and Liaison
several representatives work in concert to      services for the entire organization.
make decisions during a spill event. The
Incident Commander may also have depu-          Liaison Officer: Incidents that are multi-
ties from the same agency, an assisting         jurisdictional or have several agencies in-
agency, or the responsible party.               volved may require the establishment of a
                                                Liaison Officer. The Liaison Officer is the
Planning                                        primary point of contact for coordinating
The Planning Section takes the objectives       other agency involvement.
established by Incident Command or Uni-
fied Command, and develops an Incident          Information Officer: The Information Of-
Action Plan to accomplish those objec-          ficer is responsible for developing and re-
tives. The plan includes procedures for         leasing information about the incident to
collecting and evaluating information,          the news media, incident personnel, and
tracking all resources, and documenting         other appropriate agencies and organiza-
the response effort.                            tions, as appropriate.

                                                Safety Officer: The Safety Officer devel-
Operations
                                                ops and recommends measures to assure
The Operations Section of ICS conducts          personnel safety, and to assess and/or an-
operations to carry out the plan, develops      ticipate hazardous and unsafe situations.
tactical objectives and directs all re-         Responsibilities include the development
sources.                                        of the site safety plan, ensuring that all
                                                personnel involved in the response activi-
                                                ties are properly trained to meet OSHA
                                                standards (or state standards when appro-
                                                priate), working with local health officials,
3Source: Coast Guard Incident Management        and reviewing incident action plan to iden-
Handbook, 2000.                                 tify safety and health issues and make ap-
22
                                                       Endangered Species Act and Oil Spill Response


propriate recommendations to minimize
risks to workers and general population.            The actual UC make-up for a specific in-
The safety officer may exercise emergency           cident will be determined on a case-by-
authority to stop and prevent unsafe acts.          case basis. To be effective, the number of
                                                    members is kept as small as possible.
Unified Command
                                                    Like Command, the UC is responsible for
The Unified Command (UC) is an alter-               the overall management of the incident.
nate version of Command. As depicted in             The UC directs incident activities, includ-
Figure 4-2, the UC is a structure that              ing the development and implementation
brings together the “Incident Command-              of overall objectives and strategies, and
ers” of all major organizations involved in         approves the ordering and releasing of re-
the incident to coordinate an effective re-         sources.
sponse while at the same time carrying out
their own jurisdictional responsibilities.          The Unified Command generally has three
The UC provides a forum for these organi-           to four members: the Federal OSC (FOSC
zations to make consensus decisions. Un-            or OSC), the State OSC (SOSC), the Re-
der the UC, the various jurisdictions               sponsible Party Incident Commander
and/or agencies, the responsible party, and         (RPIC), and sometimes a local govern-
non-government responders blend together            ment representative (fire, police, emer-
to create an integrated response team.              gency management agency), and/or tribal
                                                    representatives as appropriate. Area Con-
                                                    tingency Plans should be consulted to fa-
                 FOSC                               miliarize potential members of an ICS/UC
                            Safety
                 SOSC
                 RPIC
                            Information             with the response management structure.
                            Liaison
                  etc.



                                                    Where do the Services fit into
    Operations   Planning   Logistics     Finance
                                                    ICS?
                                                    The Services are an important part of the
                                                    OSC’s support system, especially to pro-
Figure 4-2. Unified Command Struc-                  vide data and recommendations for action
ture                                                in areas with listed species or critical habi-
                                                    tat. The Services can contribute to the re-
The UC may be used whenever multiple
                                                    sponse effort through the ICS in several
jurisdictions are involved in a response ef-
                                                    areas. (Refer to Figure 4-3 for a sample
fort. These jurisdictions could be deter-
                                                    expanded ICS during an oil spill incident.)
mined by:
                                                    In situations that involve listed species, the
•    Geographic Boundaries                          Services’ endangered species specialists
                                                    will most likely be serving as technical
•    Government Levels
                                                    specialists making recommendations for
•    Functional Responsibilities                    response options that are expected to pre-
                                                    vent or mitigate effects on listed species
•    Statutory responsibilities
                                                    and/or critical habitat. As a “tech spec,” a
•    Some combination of the above                  Service endangered species specialist may

                                                                                                 23
Endangered Species Act and Oil Spill Response


be in either the Environmental Unit, found      USCG Websites:
in the Planning Section, or in the Opera-       http://www.uscg.mil/hq/g%2Dm/mor/articles/ics.htm
tions Section.
                                                http://www.uscg.mil/d13/m/training/ics/ics.htm
Other members of the Services (such as
FWS Contaminants specialists) may work          http://www.uscg.mil/hq/nsfcc/nsfweb/
in these Sections as well, providing infor-     http://www.uscg.mil/lantarea/rrt/rrt/owg%20may%202000.doc
mation on wildlife and habitat and helping
to guide response actions. For example, a       http://www.uscg.mil/pacarea/pm/icsforms/ics.htm
Service member with expertise in wildlife
rehabilitation may work in the Wildlife         NRT Website and available documents:
Branch of the Operations Section if the         http://www.nrt.org
spill has affected wildlife.

During some spill incidents, a representa-      •    Incident Command System/Unified
tive from a Service could be assigned as             Command Technical Assistance
an Agency Representative. The Agency                 Document
Representative is not on direct tactical as-    •    Minimum Essential ICS/UC Training
signment, but helps in coordination efforts          Elements
and makes decisions on matters affecting
the agency’s participation in the incident.     •    Guidance for Developing a Site Safety
                                                     Plan for Marine In-Situ Burn Opera-
(For more information on Service roles in            tions
Pre-Planning and Emergency Response,            •    The National Response System (NFS)
see Chapters 6 & 7).                                 and the Incident Command Sys-
                                                     tem/Unified Command (ICS/UC)
Contacts
                                                •    Federal Natural Resource Trustees and
Coast Guard Office of Response, Re-
                                                     the Incident Command System/Unified
sponse Operations Division: 202-267-6860
                                                     Command
National Strike Force Coordination Cen-
ter: 919-331-6000

Coast Guard Marine Safety School, Train-
ing Center Yorktown: 757-856-2234


         Where Can I Find More
         Information?
           U.S. Coast Guard Incident
           Management Handbook, April
2001




24
                                            Endangered Species Act and Oil Spill Response
Figure 4-3. Expanded Incident Command Structure
                                                                                      25
Endangered Species Act and Oil Spill Response




26
                                                            Endangered Species Act and Oil Spill Response



Chapter 5: Area Contingency Plans, An Overview

SUMMARY

The NCP requires Area Committees consisting of representatives from Federal, state, and
local governments to develop Area Contingency Plans for their area. ACPs address re-
moval of a worst case discharge, among other things. They include information such as
roles and responsibilities, resources, sensitive areas, and response methods.



What is an Area Contingency                            1) An area description, including areas of
Plan?                                                     special environmental or economic im-
                                                          portance that might be damaged by a
An ACP is a plan required by the Oil Pol-                 spill, such as water intakes;
lution Act (OPA) that contains information
necessary for effective preparedness and               2) A detailed description of the responsi-
response activities in the area covered by                bilities of all parties in the National Re-
the plan.4                                                sponse System – Federal, state, and lo-
                                                          cal agencies and owners and operators –
Through development of ACPs, Federal,                     in removing or preventing discharges;
state, and local agencies prepare for re-              3) A list of equipment and other response
sponse to a worst-case spill or for preven-               materials necessary to a) ensure an ef-
tion of such a spill. The goal is to mitigate             fective removal and b) prevent or miti-
the effects of such a spill or prevent it                 gate substantial threat of a spill;
from reaching the navigable waters of the
                                                       4) Procedures for expedited decision-
U.S.
                                                          making on the use of dispersants;
Both USCG and EPA maintain ACPs –                      5) A detailed explanation of how the plan
USCG for coastal and marine areas and                     fits into other ACPs and vessel and fa-
EPA for inland areas. Some areas of the                   cility response plans; and
United States are also covered by sub-area             6) A Fish and Wildlife and Sensitive Envi-
plans or geographic response plans, which,                ronments Annex providing detailed in-
for the purposes of this document, are con-               formation on fish, wildlife, and sensi-
sidered part of the ACP.                                  tive environments within the area cov-
                                                          ered by the ACP.5
Contents
According to the NCP, an ACP is to con-                Process
tain the following:
                                                       The NCP does not propose specific proce-
                                                       dures for developing an ACP. It stipulates
4 OPA   can be found at:
                                                       5
http://www.uscg.mil/hq/g-m/nmc/response/opawordp.pdf       The Annex is required as per NCP Sec.
                                                            300.210(4).
                                                                                                      27
Endangered Species Act and Oil Spill Response


that the OSC should coordinate with local,      4) Provision for pre-approval of specific
state, and other Federal government                response measures in certain areas to
agency personnel with a stake in oil spill         protect species and/or habitat;
response to see that the ACP works in con-      5) Provision for monitoring response
junction with existing local and state plans       method effectiveness;
for spill response. The Area Committee
often looks to the RRT to provide planning      6) Identification of and plans for acquiring
and response policy guidance for the ACP,          and using response capabilities to pro-
and to ensure that the ACP works in con-           tect, rescue, and rehabilitate species
junction with the Regional Contingency             and/or habitat;
Plan.                                           7) Identification of Federal and state
                                                   agency contacts responsible for coordi-
Area Committees meet as often as needed            nating activities related to fish, wildlife,
or practical to keep their ACP up-to-date.         and habitats during spill response;
Each organization with a stake in spill re-     8) Identification of how volunteers will re-
sponse outcomes should participate on the          ceive health and safety training if this is
Area Committee. This concept will be ad-           needed; and
dressed again in Chapter 6 on Pre-              9) Definitions of requirements for evaluat-
Planning.                                          ing Annex compatibility with non-
                                                   Federal response plans affecting species
How does the Fish and Wild-                        and habitat (i.e. plans for vessels, facili-
life and Sensitive Environ-                        ties, and pipelines).
ments Annex fit into the ACP                    Note that the information necessary to
planning process?                               complete the Annex may appear in an
                                                ACP in more than one way, such as:
The Services contribute to the ACP proc-
                                                1) An appendix to the ACP, or
ess in a particularly important way by con-
sulting with the Area Committee on the          2) Incorporated throughout appropriate
Fish and Wildlife and Sensitive Environ-           sections of the ACP.
ments Annex. Pursuant to the NCP, the
Annex includes the following:                   “Consulting” with the Services for their
                                                input into the Annex, as the term is used in
1) Identification of priority species and ar-
                                                the NCP, may not necessarily meet the le-
   eas for protection;
                                                gal requirements to consult under ESA
2) Mechanisms for use during spill re-          Section 7. As discussed in Chapter 3, the
   sponse to identify environmental pro-        ESA addresses specific standards regard-
   tection priorities and to evaluate and       ing effects on listed species and critical
   consult expeditiously on spill response      habitat and requires specific documenta-
   measures;                                    tion of consultation. The MOA attempts
3) Identification of potential effects of re-   to remedy this apparent confusion. The
   sponse actions and of priorities for re-     Planning Template in Appendix C of the
   sponse measures to prevent and/or            MOA outlines the information necessary
   mitigate effects on species and/or habi-     to meet ESA’s consultation requirements.
   tat;                                         By completing the Planning Template in
                                                the MOA, EPA and USCG can address the

28
                                                 Endangered Species Act and Oil Spill Response


consultation requirements set forth in the    Area. Texas General Land Office, Austin,
ESA and secure some of the information        TX.
required for the Fish and Wildlife Annex.
See Chapter 6 for more details. As men-
tioned previously, the information for the
Annex can be presented in the ACP in any
manner the Area Committee sees fit. It
does not have to be presented in the format
developed for the Planning Template in
the MOA.


        Where Can I Find More
        Information?

        USCG Websites:
        Coast Guard Area Contingency
Plans:
http://www.uscg.mil/vrp/acp/acp.shtml

NRT Websites:
http://www.nrt.org

Check with the OSC chair of your Area
Committee for more information on your
ACP.

Further reading – possible procedural
framework for developing an ACP:

EPA Guidelines for Ecological Risk As-
sessment, 63 F.R. 26846-26924, May 14,
1998.

Pond, R.G., D.V. Aurand, J.A. Kraly
(compilers). 2000a. Ecological Risk As-
sessment Principles Applied to Oil Spill
Response Planning in the San Francisco
Bay Area. California Office of Spill Pre-
vention and Response.

Pond, R.G., D.V. Aurand, J.A. Kraly
(compilers). 2000b. Ecological Risk As-
sessment Principles Applied to Oil Spill
Response Planning in the Galveston Bay

                                                                                           29
Endangered Species Act and Oil Spill Response




30
                                                     Endangered Species Act and Oil Spill Response



Chapter 6: Pre-Spill Planning
SUMMARY

The planning process outlined in this chapter is designed to help meet the legal require-
ments to consult on the response measures described in the ACP. Knowing which response
measures are preferred from a species-protection perspective for an oil spill in a given area
will reduce efforts to gather that information during the response, thus improving the pro-
tection of the environment.



What is the purpose of this                       Some USCG Districts and EPA Regions
                                                  have already developed ways in which the
chapter?                                          MOA planning process can be imple-
In this chapter, participants will learn about    mented. Area Committees and RRTs have
the importance of pre-spill planning              used sub-committees, held workshops, or
through developing the information de-            convened special meetings focusing on par-
scribed in the Planning Template, Appen-          ticular response measures and/or specific
dix C, of the MOA. Most of this informa-          geographic areas. In some regions, ESA
tion should be made available in the ACP,         consultation has already occurred for some
and may also be included in sub-area plans,       response measures, i.e., use of dispersants
Geographic Response Plans, resource data-         and in-situ burning. Similar procedures can
bases, etc. that are considered part of the       be adopted, or new ones can be developed
ACP.                                              for gathering the information. If proce-
                                                  dures have already been instituted that
Pre-spill planning (development of the            work well for the Area Committee, they
ACP) will identify the range of response          should be maintained. The objective is to
measures available to the OSC, and will           gather the information noted in the MOA
identify sensitive resources (habitats and        that can assist in complying with the ESA.
species) that occur in the planning area.
                                                  Getting Started
The ESA consultation process will identify
potential effects to listed species and their     This process is really just an expansion of
habitat from various response measures.           the regular ACP planning process. Partici-
                                                  pation by the Services’ endangered species
The purpose of ESA consultation (informal         specialist in Area Committee planning is
or formal) during pre-spill planning is to        considered part of informal consultation.
lessen the burden on everyone involved            The goal is to develop response measures
during and after a spill event. If pre-spill      that will not adversely affect listed species
planning is adequately completed, consulta-       and critical habitat, and, if possible, to de-
tion during a spill can be streamlined. The       velop protection strategies. Proposed and
Federal OSC can respond knowing that the          candidate species can also be considered
Services support the actions recommended          during planning. Note that the RRT may
in the ACP.                                       sometimes act as the Area Committee, for
                                                  the purposes of the MOA, to address re-
                                                  gional response policy issues.

                                                                                               31
Endangered Species Act and Oil Spill Response


The flowchart developed for the MOA is                   sponse and Restoration’s Hazardous Mate-
included for reference as Figure 6-1 at the              rials Response Division, while EPA ERT
end of this Chapter. It may be useful to re-             performs SSC functions for responses in
fer to it while moving through the steps in              the inland zone. SSCs provide critical ad-
the process.                                             vice on science and natural resource issues
                                                         to Federal OSCs during responses. Addi-
Step 1 – Who needs to be involved in                     tionally, SSCs support the development of
planning?                                                contingency plans by Area Committees by
                                                         providing Environmental Sensitivity maps,
USCG and EPA                                             spill trajectory analysis, guidelines on
In general, USCG and EPA provide a pre-                  countermeasures, and other environmental
designated Federal OSC for oil spills.                   data.
USCG generally handles marine and
coastal oil spills; EPA generally handles                DOI’s US Fish and Wildlife Service
inland oil spills. The Federal OSC usually               (FWS) and NOAA’s National Marine
leads the Area Committee in developing                   Fisheries Service (NMFS)
and maintaining the ACP. As described in                 The Services participate in the ACP process
the MOA, this responsibility includes re-                to ensure that resources for which they are
questing assistance during planning from                 responsible, including listed species and
Service representatives with knowledge of,               critical habitat, are covered appropriately.
or access to information on listed species               The Services assist in identifying resources
and critical habitat.                                    for inclusion in ACP’s Fish and Wildlife
                                                         Annex as well as in the evaluation of poten-
Department of the Interior, Office of                    tial response measures. It may be useful to
Environmental Policy and Compliance                      include in the measures how listed species
(OEPC)*                                                  will be handled if they are likely to be en-
DOI participates in incident preparedness                countered during an oil spill response. A
and response activities, including prepara-              FWS or NMFS ESA specialist can provide
tion and maintenance of contingency plans                this information.
to ensure the resources DOI is responsible
for are appropriately considered. The                    If the measures in the ACP are not likely to
OEPC Regional Environmental Officers                     adversely affect listed species or critical
(REOs) provide access to and encourage                   habitat, then the Service representative pro-
DOI Bureaus to participate in appropriate                vides a letter of concurrence. If the meas-
preparedness and response activities.                    ures in the ACP are likely to adversely af-
                                                         fect listed species or critical habitat, then
NOAA’s National Ocean Service (NOS)                      the Service works with the Federal OSC in
and EPA's Environmental Response                         the completion of a formal consultation
Team (ERT)                                               based on the information gathered for the
NOAA-NOS generally provides SSCs for                     Planning Template (Appendix C of the
the coastal zone through its Office of Re-               MOA).

                                                         Other Stakeholders
*
 Information taken from the Department of the Interior   State and local emergency response repre-
Emergency Preparedness & Response Strategy Oil           sentatives and representatives of local in-
Discharges & Hazardous Substance Releases August         dustry are also invited to participate in the
2000

32
                                                    Endangered Species Act and Oil Spill Response


planning process. Most of the time, local       Although the Services may have been in-
responders are the first to arrive on scene.    volved in the planning process, it may be
The participation of local government offi-     helpful for documentation purposes for the
cials in developing the ACP increases the       Federal OSC to submit a written request to
likelihood that first responders will employ    one or both Services for expertise on listed
response measures approved for the area.        species and critical habitat present in the
This also increases the chance that they will   area covered by the ACP. The request
not initiate anything that would adversely      should include the specific geographic area
affect listed species or critical habitat.      of concern and a description of the re-
                                                sponse measures under consideration for
Area Committees whose areas cover Fed-          that area.
eral lands or marine sanctuaries generally
include representatives from the managing       For a sample request letter, see the Sample
agencies’ local office in the planning proc-    Documents folder on your CD.
ess.
                                                  Step 2b – Are Listed Species or
After requesting participation from the           Critical Habitat Present?
agencies and Services within the area pro-      The Service(s) should respond promptly
ceed to step 2.                                 with one of the two following conclusions.
Step 2 – Information Gathering                  No Listed Species or Critical Habitat
  Step 2a -What information is                  Present
  needed?                                       If the Service(s) state that no listed species
                                                or critical habitat are present, then the con-
Listed Species and Critical Habitat
                                                sultation is complete. The Federal OSC
One or more Service representatives within
                                                should document this coordination.
the District, Area, or Region will have this
information. The DOI REO, FWS RRC,
                                                Listed Species or Critical Habitat Pre-
and/or NOAA SSC may assist the Federal
OSC in finding the appropriate information.     sent
                                                If the Service(s) determine the presence of
Area Contingency Plans                          listed species or critical habitat, then the
Area Contingency Plans may not be avail-        Federal OSC should request that the Ser-
able online, but are available from the Fed-    vice(s) provide a representative to assist in
eral OSC, Area Committee, or RRT.               the completion of the ESA consultation
                                                process for response measures in the ACP.
Other Available Information
Using information already available such as     Step 3 – Will there be any effects to
resource databases, Environmental Sensi-        listed species and/or critical habi-
tivity Indices, Geographic Response Plans,      tat?
sub-area plans, wildlife response plans, etc.
                                                The Federal OSC makes a “no effect” de-
may greatly reduce the amount of time
                                                termination based on the information avail-
needed to generate and/or compile informa-
                                                able from the Services and/or other sources.
tion.
                                                The Federal OSC is encouraged to inform
                                                the Services of this determination. If the
                                                Federal OSC determines that the response
                                                                                              33
Endangered Species Act and Oil Spill Response


measures “may affect” listed species and/or       species and critical habitat are noted. In
critical habitat, coordination with the Ser-      these cases, practicable response alterna-
vices should continue. Proceed to step 4.         tives may be developed. These approved
                                                  measures should be noted and the letters of
Step 4 – Which response measures                  concurrence or more formal documentation
are preferred?                                    filed in the ACP (at least by reference.)

If listed species or critical habitat are pre-     Which response measure(s) will be
sent in the planning area, the Area Commit-        most appropriate?
tee and ESA Service representative(s) can         Tradeoffs and sensitive area priorities
use the process outlined in the Planning          should be considered during pre-spill plan-
Template of the MOA to compile the in-            ning. The NCP calls first for protection of
formation needed to complete the consulta-        public health and welfare and the stabiliza-
tion. Another method may also be agreed           tion of the scene. Health and human safety,
upon.                                             including both the general public and
                                                  workers on-site, comes first. Therefore,
Information in the Planning Template ma-          complete protection of listed species or
terials can help determine whether or not an      critical habitat may not always be possible.
oil spill response measure is likely to ad-       If protecting a listed species or critical
versely affect listed species or critical habi-   habitat means endangering human health,
tat. As mentioned in previous chapters, in-       then the Federal OSC must protect human
formation produced by completing the              health and safety first and the listed species
Planning Template can also be incorporated        or critical habitat second.
into multiple areas of the ACP.
                                                  Similarly, a measure may protect listed
Consultations may be conducted on the             species or critical habitat, but endanger lar-
combination of response measures and their        ger portions of the ecosystem. Trade-offs
effects. In this process, the Federal OSC         may need to be made between listed spe-
should also consider pre-approval for cer-        cies and critical habitat. For example, dis-
tain response methods. In some instances,         persing oil may adversely affect endan-
this may increase the chance of preserving        gered fish larvae; however, letting the oil
certain species or habitats.                      come ashore would damage an entire
  Which response measure(s) will avoid            snowy plover population and critical habi-
  or minimize impacts on listed species           tat. Take time during planning to consider
                                                  tradeoffs and sensitive area priorities. The
  and critical habitat?
                                                  Selection Guide for Oil Spill Applied
Information gathered in the planning proc-        Technologies, developed by Regional Re-
ess will be used to determine which ACP           sponse Teams III and IV, may be a helpful
response measures will provide the best           tool. The Selection Guide provides infor-
protection for listed species and critical        mation and guidance for evaluation of re-
habitat. Service concurrence can be sought        sponse techniques under a wide range of oil
through the consultation procedures out-          spill conditions and circumstances.
lined in the Planning Template of the             Planning allows the opportunity to evaluate
MOA, or a similar process. Changes to the         these response measures without the pres-
ACP should be made through joint deci-            sure of an emergency situation. The Eco-
sions if potential adverse effects on listed      logical Risk Assessment Guidebook noted

34
                                                      Endangered Species Act and Oil Spill Response


at the end of this chapter (Pond, et. al.) may      Likely to adversely affect
help participants evaluate ecological trade-      With Service involvement up to this point,
offs. This is not the same process outlined       it is hoped that response measures can be
by the EPA guidelines for risk assessments,       developed jointly that would avoid this
but rather a specifically tailored process        conclusion. However, if the Federal OSC
endorsed by the Coast Guard for Area              determines that the response measures are
Committee consensus building.                     likely to adversely affect listed species or
                                                  critical habitat, then a formal consultation
   Will there be adverse effects to               is required. The Federal OSC submits a
   listed species or critical habitat?            written request for a formal consultation to
The materials in the Planning Template            USFWS or NMFS, as appropriate, along
(MOA) can aid the Federal OSC in reach-           with the information developed through
ing one of the following two conclusions.         Step 4. For a sample request letter, see the
                                                  MOA, Appendix E or Sample Documents
  Not likely to adversely affect                  on the CD.
“Not likely to adversely affect” is the ap-
propriate conclusion when effects on listed       Step 5 – Formal Consultation
species or critical habitat are expected to be    Once the Service(s) receive the Federal
extremely unlikely to occur, insignificant        OSC’s request for formal consultation, with
(does not reach the scale where take oc-          the associated initiation package, the Ser-
curs), or completely beneficial. The Fed-         vice(s) have 135 days to provide a response
eral OSC should contact the Services for          to the Federal OSC. The response consists
assistance in determining if response meas-       of a Biological Opinion, which contains the
ures are not likely to adversely affect listed    Service(s)’ opinion of whether the response
species and/or critical habitat. If the Fed-      measure is likely to jeopardize the contin-
eral OSC determines that the response             ued existence of listed species or destroy or
measures in the ACP are not likely to ad-         adversely modify critical habitat. If it is a
                                                  “no jeopardy or adverse modification”
“Not likely to adversely effect”                  opinion, then the Federal OSC and Area
                                                  Committee decide how to incorporate the
Effects are expected to be:
                                                  non-discretionary measures provided in the
1. Extremely unlikely to occur; or                Incidental Take Statement of the opinion to
        2. Insignificant; or                      further minimize take of listed species. If it
     3. Completely beneficial.                    is a “jeopardy or adverse modification”
                                                  opinion, then an alternative is provided in
                                                  the opinion. The Federal OSC and Area
versely affect listed species or critical habi-   Committee decide whether to incorporate
tat, then the Federal OSC will request that       the alternative and inform the Service(s) of
the Service(s) provide a letter of concur-        their decision.
rence. The reply from the Service(s) states
whether or not the Service(s) concur with         Further information on the process may be
the Federal OSC’s conclusion. For a sam-          found in Chapter 3 and the ESA Consulta-
ple letter requesting concurrence, see the        tion Handbook published by FWS and
MOA, Appendix E or Sample Documents               NMFS. (See “Where Can I Find More In-
on the CD.                                        formation?” at the end of this chapter.)


                                                                                                35
Endangered Species Act and Oil Spill Response


Step 6 – Documentation                             should jointly develop practicable response
                                                   measures if possible. If another response
The Federal OSC should ensure that copies          measure cannot be developed, the Federal
of letters of concurrence or any other             OSC and the Service(s) should work jointly
documentation produced during this proc-           to secure an incidental take statement.
ess are incorporated or referenced in the
ACP.                                               If new resources (equipment or methods)
                                                   for protecting or conserving listed species
What do I do with this infor-                      or critical habitat are identified, they should
mation? A Review                                   also be included.
                                                   4) Include any additional procedures
1) Incorporate any information or
                                                      developed through this process
   documents resulting from comple-
                                                      during an oil spill in the ACP.
   tion of the Planning Template
   (MOA) into the ACP.                             Pre-approval processes for spill response
                                                   are encouraged in the ACP as appropriate.
If a letter of concurrence is received from
the Service(s), the Federal OSC should in-
clude or reference it in the ACP. A copy of                     Where Can I Find More
the documentation should also be retained
by the Service(s) for reference during an oil
                                                                Information?
spill.                                                          ESA Consultations:
                                                                http://endangered.fws.gov/consultations/index.html
2) Include new data in the ACP.
Any new information that is generated dur-         US Fish and Wildlife Service and National
ing this planning process should be incor-         Marine Fisheries Service. 1998. Endan-
porated into the ACP. Even if the informa-         gered Species Act Consultation Handbook:
tion is minimal, if it can fill in gaps, include   Procedures for conducting Section 7 con-
it. For example, were new sensitive areas          sultations and conferences. US Govern-
identified? Were new points of contact and         ment Printing Office, Washington, D.C.
                                                   http://endangered.fws.gov/consultations/s7hndbk/s7hndbk.htm
parameters for notification agreed upon?
The Federal OSC should include that in-            Oil spill response planning tools:
formation in the Annex and elsewhere in            http://response.restoration.noaa.gov/oilaids/reports.html
the ACP as appropriate.
                                                   National Oceanic and Atmospheric Ad-
3) Adjust recommended response
                                                   ministration. 2000. Characteristic Coastal
   measures as needed.                             Habitats: Choosing Spill Response Alterna-
Did the Federal OSC or Service(s) con-             tives. US Department of Commerce,
clude that a certain response measure did          NOAA.
                                                   http://response.restoration.noaa.gov/oilaids/coastal/coastal.html
not adequately protect listed species or
critical habitat? If so, the Federal OSC           Selection Guide For Oil Spill Applied
should consider whether the response               Technologies. Developed by RRT III and
measure can be modified. If it was deter-          RRT IV
mined that a response measure could ad-            http://www.uscg.mil/lantarea/rrt/rcp/index.html
versely affect listed species or critical habi-
tat, the Federal OSC and the Service(s)

36
                                             Endangered Species Act and Oil Spill Response


Further reading – possible procedural
frameworks:

Pond, R.G., D.V. Aurand, J.A. Kraly (com-
pilers). 2000a. Ecological Risk Assessment
Principles Applied to Oil spill Response
Planning in the San Francisco Bay Area.
California Office of Spill Prevention and
Response.

Pond, R.G., D.V. Aurand, J.A. Kraly (com-
pilers). 2000b. Ecological Risk Assessment
Principles Applied to Oil spill Response
Planning in the Galveston Bay Area. Texas
General Land Office, Austin, TX.




                                                                                       37
Endangered Species Act and Oil Spill Response



How Planning can work




Figure 6-1. Pre-spill Planning Procedures

38
        Endangered Species Act and Oil Spill Response



NOTES




                                                  39
Endangered Species Act and Oil Spill Response



                                                NOTES




40
                                                       Endangered Species Act and Oil Spill Response



Chapter 7: Emergency Response
  SUMMARY

  During an oil spill response involving listed species or critical habitat, emergency con-
  sultation procedures are use where appropriate. Pre-planned ACP response measure
  should form the basis for immediate response actions. However, technical advice from
  endangered species experts is also sought through the Service(s)’ involvement in the In-
  cident Command System. In anticipation of follow-up formal consultation, information
  can be gathered during the response by using Appendix B of the MOA as necessary. It
  is important to note that emergency consultation continues until the response portion of
  the case is closed by the Federal OSC.



What is the purpose of this                       tent possible, these procedures should be
                                                  addressed during pre-spill planning.
chapter?
This chapter describes, in general terms,         Step 1 - Notification
how emergency consultation can be                 The Federal OSC receives notification that
accomplished during response to an oil            a spill has occurred through the NRC, the
spill. Emergency consultation helps the           spiller, another agency, regional office, or
Federal OSC make more informed                    perhaps through a witness. The Federal
response decisions when listed species or         OSC is responsible for notifying Natural
critical habitat are present by providing a       Resource Trustees and may contact other
method for Service experts to offer               agencies and stakeholders regardless of the
technical advice. As previously stated,           presence of listed species or critical habi-
nothing in the MOA affects the Federal            tat. A “Notification Checklist” is usually
OSC’s final decision-making authority.            found in the ACP. Members of the RRT
Emergency consultation continues until            often forward information they receive to
the case is closed by the Federal OSC.            their own agencies.
This chapter is organized according to the        Planning can clarify these procedures and
events and timeline established in the NCP        establish points of contact, phone num-
and the Incident Management Handbook.             bers, and spill notification parameters. It
Agency responsibilities pertaining to the         can also identify at what point an Endan-
MOA are discussed. Procedures may vary            gered Species expert may be notified.
slightly from region to region as agreed
upon by the Area Committee.
                                                  Step 2 - Evaluation of the Spill
Recognizing that each response is differ-         Among the many pieces of information
ent, this chapter will walk you through a         gathered by the Federal OSC regarding the
stylized response. The step-by-step pro-          spill will be the area impacted (or poten-
cedures included in this chapter represent        tially impacted) and what type of envi-
the typical steps involved in completing a        ronmentally sensitive areas may be found
spill response (See Figure 7-1). To the ex-
                                                                                                 41
Endangered Species Act and Oil Spill Response


there. The location of listed species and          Step 3a - Establish Response
critical habitat is very important for the         Team
Federal OSC to know when evaluating the          If appropriate, the NOAA SSC and/or the
spill.                                           FWS RRC may coordinate endangered
                                                 species expertise for the Federal OSC.
 Human health and safety are                     This may require timely on-scene exper-
                                                 tise from the Service(s)’ local field offices
 the highest priorities during                   as appropriate. (Note that health and
       a spill response.                         safety training is required to work on some
                                                 portions of a spill site). The Service repre-
                                                 sentatives may be asked by the Federal
If this information is already available in
                                                 OSC to participate within the Incident
the ACP, or incorporated into an agreed
                                                 Command System and provide technical
upon reference such as Environmental
                                                 advice regarding listed species and/or
Sensitivity maps, Geographic Response
                                                 critical habitat to the Federal OSC. It is
Plans, wildlife plans, resource databases,
                                                 possible that the representatives assigned
etc., it will minimize confusion and de-
                                                 to the spill response will not be experts
crease any time spent evaluating potential
                                                 themselves, but will coordinate with their
impacts. Without this information, re-
                                                 endangered species experts to provide this
sponse actions could fail to protect listed
                                                 information.
species or critical habitat, or may inadver-
tently cause detrimental impacts. There-
                                                 As described in Chapter 4, Service repre-
fore, it is important that planning involv-
                                                 sentatives will usually be part of the Plan-
ing ESA specialists occur to aid in this de-
                                                 ning Section’s Environmental Unit or Op-
cision-making.
                                                 erations Section. Each spill response or-
                                                 ganization is different depending on the oil
The Area Committee establishes proce-
                                                 spill.
dures and sources for acquiring timely in-
formation regarding listed species and/or
critical habitat during a response.                Step 3b - Implement ACP for ini-
                                                   tial actions
Step 3 - Decide on Actions                       The response measures in the ACP usually
                                                 form the basis for immediate response ac-
If listed species or critical habitat are not    tions.
present in the area affected by the spill re-
sponse, then ESA emergency consultation            Step 3c – Develop Incident Action
is not required. (However, the Services
may still be involved in the response. See         Plan
Chapter 4.)                                      As part of the emergency consultation, the
                                                 Services provide the Federal OSC with
If listed species or critical habitat are pre-   timely recommendations to avoid and/or
sent, or could be present, the Federal OSC       minimize impacts to listed species and
will initiate emergency consultation by          critical habitat. The Planning Section de-
contacting the Services either directly or       velops an Incident Action Plan with
through agreed-upon procedures, such as          strategies based on the specifics of the
contact through the DOC or DOI represen-         spill situation.
tative.

42
                                                     Endangered Species Act and Oil Spill Response


For example, the Services may recom-              Funding
mend that response measures be modified           The Federal OSC has a responsibility to
based upon the confirmed presence of a            ensure that consultation is conducted.
listed species – e.g., vessel access may be       Therefore, the Federal OSC has the discre-
preferred, if possible, over the use of four      tion to fund another agency to develop the
wheelers for access to a specific beach.          documentation noted above. (Do not con-
                                                  fuse Appendix B with a Biological As-
If incidental take is anticipated, the Ser-       sessment or a Biological Opinion. The
vices can advise the Federal OSC on ways          Services are not reimbursed from the Oil
to minimize the take and can document the         Spill Liability Trust Fund for completing a
take. Actual take is documented in any            BO.)
formal consultation after the case is
closed.                                           The Pollution Removal Funding Authori-
                                                  zation (PRFA) is a tool available to the
ESA Consultation Documentation                    Federal OSC to quickly obtain needed ser-
Under the MOA, it is the responsibility of        vices and assistance from state, local, or
both the Federal OSC and Service repre-           other Federal government agencies during
sentatives to maintain a record of written        oil spill response actions. The PRFA
and oral communications during the oil            commits the Oil Spill Liability Trust Fund
spill response. The checklist in Appendix         administered by the National Pollution
B of the MOA provides a means for track-          Funds Center (NPFC) to payment of costs
ing this information. Appendix B lists in-        incurred in pollution response activities.
formation required to initiate a formal
consultation after the case is closed in          Under the terms of a PRFA, a Federal
those instances where listed species and/or       OSC may agree to reimburse another gov-
critical habitat have been adversely af-          ernment agency for costs incurred in pro-
fected by response actions. (Note that            viding any agreed upon assistance to the
other methods may be used when previ-             Federal OSC. (See Sample Documents on
ously agreed upon, such as an additional          the CD for sample language.) In this case,
statement in daily Pollution Reports –            the Federal OSC would provide a PRFA to
POLREPS, to document listed species               prepare the documentation package that
recommendations.)                                 will be needed to initiate formal consulta-
                                                  tion after the case is closed if listed species
If it is anticipated that listed species and/or   or critical habitat are adversely affected.
critical habitat may be affected, the Fed-        Generally, the assisting government
eral OSC may request that the Service rep-        agency would be FWS, NMFS or perhaps
resentative to the ICS be responsible for         a state agency.
compiling the information for Appendix B
while the response is ongoing. The Fed-           The assisting government agency receiv-
eral OSC may also ask the NOAA SSC, or            ing a PRFA must track its costs and pro-
another appropriate individual to maintain        vide documentation to support reimburse-
this documentation as appropriate. This           ment. Cost documentation must follow
documentation must be completed before            the guidelines outlined in the National Pol-
the case is closed (and funding is no             lution Funds Center Technical Operating
longer available from the Oil Spill Liabil-       Procedures for Resource Documentation
ity Trust Fund).                                  (http://www.uscg.mil/hq/npfc/tops.htm)

                                                                                               43
Endangered Species Act and Oil Spill Response


This guidance, along with some of the           If there is no Service representative in the
forms mentioned below, is provided on the       ICS (but the Service is aware of the situa-
CD ROM. The assisting government                tion), the Federal OSC will ensure that the
agency should:                                  NOAA SSC and/or DOI or DOC represen-
                                                tative to the RRT remains apprised of the
• Obtain a PRFA                                 situation.
• Maintain Daily Resource Reports (Form
  CG-5136A-E)                                   Step 4 – Closing the response por-
• Prepare a SF-1080/1081                        tion of the case
• Send the SF-1080/1081 with the Daily
  Resource Reports within 90 days after         During an oil spill response that may ad-
  completion of response activities to the      versely affect listed species or critical
  Federal OSC                                   habitat, the spill response team operates
                                                under emergency consultation procedures.
• Identify a Point of Contact
                                                Once the spill response is underway,
                                                emergency consultation continues until the
     Step 3d – Operations Section Im-           case is closed, i.e., the Federal OSC de-
     plements the Incident Action Plan          termines that the spill response is com-
Throughout the spill response, the Plan-        plete.
ning and Operations Sections work closely
together to develop and implement the in-       Once the response portion of the case is
cident action plan. Therefore, work may         closed, post-response guidelines take ef-
cycle between Step 3c and 3d depending          fect. (See Chapter 8.)
upon the spill response.
                                                Scenarios
It is the responsibility of the Federal OSC     As participants in this training, if you have
to ensure there is a notification process in    time, you may choose to walk through a
place that alerts Service representatives to    sample scenario. Your instructor will pro-
the ICS of changes in response operations       vide you with a sample scenario (or multi-
due to weather, extended operations, or         ple scenarios if time allows). The scenario
some other circumstance. It is the respon-      is based on one or more real oil spill inci-
sibility of the Services to notify the Fed-     dents in which listed species or critical
eral OSC of seasonal variances (e.g. bird       habitat were potentially impacted by an oil
migration), or other natural occurrences        spill response option.
affecting the resource. This exchange of
information should all happen through the       Alternatively, you may develop your own
ICS. (Note that the Endangered Species          scenario. If you choose to create your
expert must be contacted to meet consulta-      own, remember to include the following:
tion requirements unless otherwise agreed
upon in the ACP.) The Services continue         1) A significant threat from response to
to offer recommendations, taking into ac-          listed species and/or critical habitat
count any changes, to avoid jeopardizing        2) Oil type – use an oil commonly han-
the continued existence of listed species or       dled, stored, or transported in your
adversely modifying critical habitat, and to       area
minimize the take of listed species associ-
ated with spill response activities.            3) Oil spill size –reasonable, yet signifi-
                                                   cant

44
                                                              Endangered Species Act and Oil Spill Response


 4) Location – place the oil spill in an area               natives. US Department of Commerce,
    where response is likely to jeopardize                  NOAA.
    listed species or adversely modify
    critical habitat                                        PRFA:
                                                            See Sample Documents on training CD
 5) Date, Time, and Weather
 6) Nature of the oil spill – overturned
    tanker truck? Facility spill? Ship-
    wreck? Pipeline rupture?
The instructor will walk you through the
scenario. You will examine the response
to the scenario from two perspectives –
first, if the Area Committee completed the
Planning Template (Appendix C); second,
if the Area Committee has yet to complete
the template. If you have enough partici-
pants in your training class, you may want
to consider role-playing.


             Where Can I Find
             More Information?

             ESA Consultations:
http://endangered.fws.gov/consultations/index.html

US Fish and Wildlife Service and National
Marine Fisheries Service. 1998. Endan-
gered Species Act Consultation Hand-
book: Procedures for conducting Section 7
consultations and conferences. US Gov-
ernment Printing Office, Washington,
D.C.


Oil spill response planning tools:
http://response.restoration.noaa.gov/oilaids/reports.html


National Oceanic and Atmospheric Ad-
ministration. 2000. Characteristic Coastal
Habitats: Choosing Spill Response Alter-




                                                                                                        45
Endangered Species Act and Oil Spill Response



How Response can work




Figure 7-1. Emergency Response Procedures


46
        Endangered Species Act and Oil Spill Response



NOTES




                                                  47
Endangered Species Act and Oil Spill Response



                                                NOTES




48
                                                    Endangered Species Act and Oil Spill Response



Chapter 8: Post-Response
SUMMARY

After a response is complete, there may be a need to complete ESA formal consultation,
and review the response to determine if response measures or other procedures in the ACP
should be changed. As in each of the preceding stages, the post-response process requires
teamwork and cooperation among agencies to assure that all relevant and appropriate
documentation is presented.



What is the purpose of this                      efforts may benefit. Again, these are sug-
                                                 gested procedures. If other procedures ex-
Chapter?                                         ist that work in a given region, these may
In this chapter, participants will learn         be retained.
about the step-by-step procedures pre-
sented in the MOA for completing consul-         Step 1 –Determination of Effects
tation on an oil spill response (See Figure      Throughout the spill response, either the
8-1). Remember:                                  Federal OSC or a representative desig-
1) Formal consultation proceedings, if           nated by the Federal OSC should have
   necessary, can only begin after the re-       documented all communications, includ-
   sponse portion of the case is closed, i.e.,   ing recommended response procedures
   after emergency consultation ends.            and incidental take. After the emergency
                                                 response is complete, the Federal OSC and
2) Just because the spill response portion
                                                 the Service(s) will jointly review and
   of the case is closed does not mean that
                                                 evaluate the effects of response activities
   ESA consultation is complete.
                                                 on listed species and/or critical habitat.
3) The Emergency Consultation Checklist          The NOAA SSC, ERT and/or FWS RRC
   should be compiled BEFORE the case            may assist as appropriate. The determina-
   is closed if impacts have occurred as a       tion should be based on any available in-
   result of RESPONSE ACTIVITIES. Oil            formation.     Further scientific studies
   Spill Liability Trust Fund (OSLTF)            should not be required.
   funding is not available AFTER the
   case is closed.                                 Impacts on Listed Species or
It is important to complete the consultation       Critical Habitat
after the spill for several reasons. First, it   Based on the above information, the Fed-
is necessary for the Services to readjust        eral OSC makes the final determination
environmental baselines for the species.         whether or not impacts have occurred. If
Second, incidental take statements may           impacts have occurred, then the Federal
need to be generated to document the take        OSC must determine whether there were
for the Federal OSC. Third, it is important      adverse effects.
to document that the consultation took
place for legal purposes, and to gather les-     If the joint review results in a disagree-
sons learned so that future spill response       ment between the Service(s) and Federal

                                                                                              49
Endangered Species Act and Oil Spill Response


OSC on whether listed species or critical       mines that RESPONSE ACTIVITIES did,
habitat were adversely affected by spill        in fact, adversely affect listed species or
RESPONSE ACTIVITIES, the Service(s)             critical habitat, then the Federal OSC initi-
provide a letter stating why the Service(s)     ates formal consultation.
believe there were adverse effects on listed
species and/or critical habitat. The Federal    Step 2 – Finalizing Emergency Con-
OSC can then choose to act on the Ser-          sultation Checklist (Appendix B,
vice(s)’ reply or simply document the re-
sponse.                                         MOA)
                                                To initiate formal consultation, the Federal
     No Adverse Effects on Listed               OSC will finalize the Emergency Consul-
     Species or Critical Habitat                tation Checklist and submit it with a cover
If, based on joint review and evaluation        letter as an initiation package to the Ser-
with the Service(s), the Federal OSC de-        vice(s). Note that if a Service representa-
termines that the response resulted in no       tive assists in preparing the initiation
adverse effects on listed species or critical   package, the same representative will
habitat, then the emergency consultation is     NOT be responsible for reviewing it.
complete. With the involvement of the
Services throughout the process, adverse        If the Services assisted in gathering infor-
effects on species and habitat should be        mation for Appendix B during the spill,
minimized, resulting in more “no adverse        they should assist the Federal OSC in fi-
effects” determinations.                        nalizing the resulting documentation. This
                                                documentation will become the Initiation
Upon closing the case, the Federal OSC          Package that is submitted to the Service(s)
ensures lessons learned are recorded,           with a request for formal consultation.
documentation filed, and advises the Area       (See Appendix E in the MOA.)
Committee of any necessary changes to
the ACP. The data compiled for the              Step 3 – Is the Initiation package
Emergency Consultation Checklist, may           complete?
also be forwarded to the Services in sup-
                                                If the Service(s) determine that the infor-
port of the no-effect determination, but the
                                                mation in the initiation package is incom-
Checklist is not required.
                                                plete, they will notify the Federal OSC
                                                within 30 days. The Federal OSC (or pre-
 Formal consultation occurs                     parer of the initiation package) will work
   if listed species and/or                     with the Service(s) to complete the infor-
                                                mation and re-submit the package to the
  critical habitat were ad-                     Service(s).
versely affected during the
                                                Once the information in the Checklist is
course of the spill response.                   complete, the Service(s) will make a final
                                                determination, generally in the form of a
     Adverse Effects on Listed Spe-             BO. If incidental take of listed species oc-
                                                curred during the response, such take will
     cies or Critical Habitat                   be documented in the BO. This document
If through joint review and evaluation with     is generally produced within 135 days of
the Service(s), the Federal OSC deter-          receipt of the initiation package.
50
                                                   Endangered Species Act and Oil Spill Response


The Service(s) will forward their determi-      menting approval of the new measures, as
nation to the Federal OSC with copies to        in the initial planning phase.
FWS RRC or NOAA SSC, DOI and DOC
RRT representatives, and the Area Com-          After resolving questions about impacts
mittee.                                         and finalizing consultation issues, the next
                                                thing to do is assess what worked and
Step 4 - What changes, if any,                  what did not work during the spill re-
should be made to the ACP?                      sponse. If possible, after the spill, the
                                                Federal OSC should convene a meeting
Once the formal consultation is complete,       with or obtain feedback from responders at
the Federal OSC should consider the re-         that spill.
sults for inclusion in the lessons learned
system. The results may also be incorpo-
rated into the ACP for the benefit of future              Where Can I Find More
spill response actions. If the response ac-               Information?
tions resulted in take of listed species or
adverse effects on critical habitat, the Area
Committee could consider adjusting the                      ESA Consultations:
ACP. The Federal OSC should bring               http://endangered.fws.gov/consultations/index.html
these considerations to the attention of the
Area Committee as soon as possible.             US Fish and Wildlife Service and National
                                                Marine Fisheries Service. 1998. Endan-
If changes are made to the ACP as a result      gered Species Act Consultation Hand-
of the Service(s)’ BO, the Service(s)           book: Procedures for conducting Section 7
should document the changes and com-            consultations and conferences. US Gov-
plete any appropriate administrative steps.     ernment Printing Office, Washington,
Assuming the changes result in better pro-      D.C.
tection for listed species and/or critical
habitat, the Federal OSC should consider
obtaining a letter of concurrence docu-




                                                                                               51
Endangered Species Act and Oil Spill Response



How Post-Response can work




Figure 8-1. Post Incident Procedures




52
        Endangered Species Act and Oil Spill Response



NOTES




                                                  53
Endangered Species Act and Oil Spill Response



                                                NOTES




54

				
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