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Natural Resources Damages under the Oil Pollution Act

Natural Resources Damages under the Oil Pollution Act. Opportunities for Creative Restoration. Make the public whole: for natural resources (e.g., fish, wildlife, biota, air, water, land) that are injured and for the public’s loss of the use of those resources

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Natural Resources Damages under the Oil Pollution Act

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  1. Natural Resources Damagesunder the Oil Pollution Act Opportunities for Creative Restoration

  2. Make the public whole: for natural resources (e.g., fish, wildlife, biota, air, water, land) that are injured and for the public’s loss of the use of those resources by returning injured natural resources to their pre-spill condition and compensating for the interim loss through the restoration, rehabilitation, or replacement of the damaged resources or acquisition of equivalent resources and/or services. OPA Intent and Goal 1

  3. Based on: cost of restoring injured natural resources (not punitive) loss in value or use of those natural resources pending restoration reasonable costs of assessing those damages NRD Costs 1

  4. Primary restore, rehabilitate, or replace direct, on-site, same kind Clean, reseed oyster bed on site Build new oyster reef nearby Compensatory replace or acquire the equivalent Indirect, off-site, may or may not be same kind Protect estuarine habitat elsewhere Restoration Types & Examples 1

  5. Exxon Valdez, Alaska Otolith marking of hatchery salmon allowed near real-time management of mixed wild/hatchery pink salmon fishery in Prince William Sound Rapid genetic analyses of sockeye salmon allowed near real-time management of mixed stocks destined for different rivers North Cape, Rhode Island Lobstermen paid to clip female lobster tails No harvest until molting completed Molted lobsters meant they reproduced Creative Approaches 1

  6. Compensation for lost use can be significant Goal is to compensate public, not individuals Individuals are compensated for lost income through the courts or other means (not NRDA) Acquisition of equivalent resources is typical approach to compensatory restoration What does this mean in a marine context? Compensatory Restoration 1

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