[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR990.51]



[Page 390-391]

 

                  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,



[[Page 391]]



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.