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Remedial/Injury Assessment
Case: Buzzards Bay/Bouchard 120, MA
The Oil Pollution Act charges NOAA and certain other federal agencies, states, and Indian tribes—collectively known as Trustees—with evaluating the environmental and cultural impacts of oil spills. The Trustees, in cooperation with Bouchard Transportation Company and its representatives surveyed shorelines, collected and analyzed oil, water, sediment, and shellfish tissue samples, and conducted modeling. They analyzed data on oiled and dead birds and examined lost recreational uses of Buzzards Bay. The Trustees identified impacts to the following natural resources and associated services:
Shoreline habitat.
An estimated 98 miles of shoreline were oiled to varying degrees. Of this amount, 53 miles of shoreline were directly oiled and more than 40 miles of shoreline experienced occasional tar ball stranding. The Trustees collected and analyzed water, sediment, and shellfish tissue samples to determine the degree of oil exposure. The Trustees finalized a Shoreline Injury Report that examined the impact of the spill on three principal shoreline habitat categories – tidal marshes, sand and gravel beaches, and coarse substrates including boulder and rock ledge shorelines. Ram Island, a state-owned wildlife sanctuary off the coast of Mattapoisett, was identified as a special shoreline injury that resulted in a discrete injury and settlement for injury restoration. The Trustees have begun restoration planning activities and will seek public input on potential shoreline restoration projects.
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Birds/Wildlife. Approximately 450 birds were immediately killed by the oil spill including loons, scoters, mergansers, oyster catchers, terns (including roseate terns), eiders, and piping plovers. The Trustees are particularly concerned about the impact on roseate terns and piping plovers, two federally protected species. The bird Injury has been broken down into three injury categories:
The bird injury assessment was complex and requires not only determining the immediate impact to the birds, but also calculating delayed mortality and future lost productivity (number of chicks fledged). Due to the migratory nature of birds, and to processes such as natural animal scavenging, determining the magnitude of injuries to bird resources is often a difficult and lengthy process The Trustees completed a portion of the bird injury assessment and have initiated restoration planning activities for all three subcategories of birds.
The Trustees explored potential impacts to the northeastern beach tiger beetle (federally listed threatened species), the American burying beetle (federally listed endangered species), and the diamondback terrapin (a state-listed threatened species), and determined that no significant injuries occurred. These assessment reports can be viewed in the Administrative
Record.
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Recreational uses.
The state of Massachusetts closed substantial parts of Buzzards Bay to shellfishing soon after the spill. Most of the shellfish beds were reopened by the fall of 2003. A few areas remained closed for more than one year, but have been reopened. Additionally, there was limited access to portions of the Bay for boating and some shoreline areas following the spill. The Trustees assessed the spill’s effects on recreational shellfishing, boating, and general shoreline use. The Trustees have finalized the Lost Use Valuation Report and submitted it to the Administrative Record.
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Aquatic resources.The Trustees collected samples from the water column and utilized the data with a hydrodynamic model to assess biological damages to the water column in Buzzards Bay. Potential adverse impacts to American lobster were also investigated, but no significant lobster injuries were identified. The Trustees completed the Aquatic Injury Report and added it to the Administrative Record.
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