[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR990.51]

[Page 387-388]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 990--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
                  Subpart E--Restoration Planning Phase
 
Sec. 990.51  Injury assessment--injury determination.

    (a) General. After issuing a Notice of Intent to Conduct Restoration 
Planning under Sec. 990.44 of this part, trustees must determine if 
injuries to natural resources and/or services have resulted from the 
incident.
    (b) Determining injury. To make the determination of injury, 
trustees must evaluate if:
    (1) The definition of injury has been met, as defined in Sec. 990.30 
of this part; and
    (2)(i) An injured natural resource has been exposed to the 
discharged oil, and a pathway can be established from the discharge to 
the exposed natural resource; or
    (ii) An injury to a natural resource or impairment of a natural 
resource service has occurred as a result of response actions or a 
substantial threat of a discharge of oil.
    (c) Identifying injury. Trustees must determine whether an injury 
has occurred and, if so, identify the nature of the injury. Potential 
categories of injury include, but are not limited to, adverse changes 
in: survival, growth, and reproduction; health, physiology and 
biological condition; behavior; community composition; ecological 
processes and functions; physical and chemical habitat quality or 
structure; and public services.
    (d) Establishing exposure and pathway. Except for injuries resulting 
from response actions or incidents involving a substantial threat of a 
discharge of oil,

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trustees must establish whether natural resources were exposed, either 
directly or indirectly, to the discharged oil from the incident, and 
estimate the amount or concentration and spatial and temporal extent of 
the exposure. Trustees must also determine whether there is a pathway 
linking the incident to the injuries. Pathways may include, but are not 
limited to, the sequence of events by which the discharged oil was 
transported from the incident and either came into direct physical 
contact with a natural resource, or caused an indirect injury.
    (e) Injuries resulting from response actions or incidents involving 
a substantial threat of a discharge. For injuries resulting from 
response actions or incidents involving a substantial threat of a 
discharge of oil, trustees must determine whether an injury or an 
impairment of a natural resource service has occurred as a result of the 
incident.
    (f) Selection of injuries to include in the assessment. When 
selecting potential injuries to assess, trustees should consider factors 
such as:
    (1) The natural resources and services of concern;
    (2) The procedures available to evaluate and quantify injury, and 
associated time and cost requirements;
    (3) The evidence indicating exposure;
    (4) The pathway from the incident to the natural resource and/or 
service of concern;
    (5) The adverse change or impairment that constitutes injury;
    (6) The evidence indicating injury;
    (7) The mechanism by which injury occurred;
    (8) The potential degree, and spatial and temporal extent of the 
injury;
    (9) The potential natural recovery period; and
    (10) The kinds of primary and/or compensatory restoration actions 
that are feasible.