Challenges of OPA and NMSA Related Responses in the National Marine Sanctuary of American Samoa: NO.1 JI HYUN

2017 ◽  
Vol 2017 (1) ◽  
pp. 2389-2407
Author(s):  
Lisa C. Symons ◽  
Joseph Paulin ◽  
Atuatasi Lelei Peau
Keyword(s):  
Local Community ◽  
Oil Pollution ◽  
The United States ◽  
American Samoa ◽  
Coast Guard ◽  
Cultural Resources ◽  
Cultural Significance ◽  
Integral Role ◽  
Territorial Government ◽  
The Impact

ABSTRACT: 2017-226 Fa’a-Samoa (the Samoan way) is a living tradition and continues to define the Samoan way of life. It is the foundation of Polynesia’s oldest culture - dating back some 3,000 years. Fa’a-Samoa is interconnected with Samoan lands and waters and by sharing the intact and vibrant traditions, values, and legends that connect the Samoan people to the land and sea, the local community plays an INTEGRAL role in the protection and preservation of natural and cultural resources of the area. Fa’a-Samoa places great importance on the dignity and achievements of the group rather than individuals. On April 14, 2016, the 62 ft. FV NO1 JI HYUN lost the main engines and grounded off the west side of Aunu’u Island in the National Marine Sanctuary of American Samoa (NMSAS). This area is of ecological and cultural significance for the local residents using hook-and-line, casting nets, spearfishing (non-scuba assisted) and other non-destructive fishing methods including those traditionally used for sustenance and cultural purposes such as gleaning, ‘enu and ola. The village on Aunu’u was extremely wary of inclusion of the waters of Aunu’u in the expansion of the sanctuary being concerned about loss of control of their traditional uses of the nearshore environment. In what became an extension of Fa’a-Samoa, the United States Coast Guard (USCG), the National Oceanic and Atmospheric Administration (NOAA) and the American Samoa Territorial government worked, together to address both the pollution hazards from the incident and the impact to the coral reef ecosystem even after the fuel was removed. While a relatively straight forward response were it to happen in the continental U.S., severe weather (Tropical Cyclone Amos), high winds and swells, limitations on site access, daylight high tides, and availability of resources to include tugs, tow lines and trained personnel made this quite challenging. Three removal attempts occurred under Oil Pollution Act (OPA) authorization and three efforts occurred under the National Marine Sanctuaries Act (NMSA), with guidance from a professional salvage master. This prolonged 4-month response has prompted some new dialogue and hopefully new commitment to increase preparedness and spill response capabilities within the territory. The designation of the NMSAS allowed for the use of the combined authorities of OPA and the NMSA, forging new path that protects and preserves both the natural and cultural resources of the region from the impacts of pollution and from future groundings whether large or small.

scholarly journals United States and Canada Transboundary Oil Spill Liability and Compensation Regimes: An Overview

2021 ◽  
Vol 2021 (1) ◽  
Author(s):  
Helkei S. Hemminger
Keyword(s):  
United States ◽  
Natural Resources ◽  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
Marine Habitat ◽  
Inland Waterways ◽  
Funding Sources ◽  
The Impact

Abstract # —1141278 — In 2018, the Canadian government purchased the Trans Mountain pipeline, running from Alberta to British Columbia, along with the plans for expansion. The expansion could triple the transport capacity from 300,000 to 890,000 barrels of oil per day, and would increase the tanker traffic in the inland waterways of the Salish Sea, an area known for its sensitive marine habitat, and narrow, difficult to navigate passages. The anticipated increase in tanker traffic in this busy waterway continues to raise concerns about the impact of an oil spill and the financial means to address related injuries, particularly to natural resources. The transboundary nature of any spill further complicates the situation vis-à-vis the applicable liability regimes and response resources. Under the Canada-United States Joint Marine Contingency Plan (“JCP”), the United States Coast Guard and Canadian Coast Guard acknowledge each country's responsibility to fund their own response actions and pursue reimbursement of those costs within their respective jurisdictions. The availability of funding for a response, and to compensate injured parties, however, including the limits of liability of the responsible party, differs under each regime, and could impact the nature and scope of a response. For spills into or posing a substantial threat to the navigable waters of the United States, the Oil Pollution Act of 1990 governs and a national fund, the Oil Spill Liability Trust Fund (“OSLTF”), is immediately available to address an incident, including emergency restoration to natural resources. Canada's Marine Liability Act enables the Ship-source Oil Pollution Fund (“SOPF”) to pay claimants who have incurred damages as a result of oil pollution. Both countries' funds operate under the same principal—the polluter pays—but the compensation structure, and claims processes and procedures are entirely different. This paper provides an overview of these funding sources and claims procedures, comparing and contrasting the different systems. The discussion is meant to provide an overall understanding of potential funding pools available for spill responses under each scheme in order to facilitate transboundary spill planning and discussion.

Implications of OPA 90 in General and Its Effect on the T-AO 187 Class Oilers in Particular

1994 ◽  
Vol 31 (03) ◽  
pp. 175-182
Author(s):  
Hans Hofmann ◽  
George Kapsilis ◽  
Eric Smith ◽  
Robert Wasalaski
Keyword(s):  
United States ◽  
Structural Changes ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
International Maritime Organization ◽  
The Status ◽  
Oil Tankers ◽  
The U.S ◽  
Hull Construction

The Oil Pollution Act of 1990 has mandated that by the year 2015 all oil tankers operating in waters subject to jurisdiction of the United States must have double hulls. This paper examines the Act and the status of regulatory initiatives it has generated. Guidance for new hull construction and retrofit of existing vessels is outlined, and both IMO (International Maritime Organization) and U.S. Coast Guard requirements are discussed. Finally, the structural changes necessary to convert the U.S. Navy's T-AO Class oil tankers to meet the requirements of the Act are specified and illustrated.

Integrating Trustee Issues into a Balanced Response: Working Toward a Common Goal1

2003 ◽  
Vol 2003 (1) ◽  
pp. 655-661
Author(s):  
Heather A. Parker-Hall ◽  
Steve Hampton ◽  
James Haas
Keyword(s):  
San Francisco ◽  
Oil Pollution ◽  
Task Force ◽  
The United States ◽  
Pollution Source ◽  
Coast Guard ◽  
California Department ◽  
Cooperative Effort ◽  
Advanced Planning ◽  
Unified Command

ABSTRACT In February 2002, a Unified Command (UC) comprised of the United States Coast Guard (USCG), the California Department of Fish and Game's Office of Spill Prevention and Response (OSPR), and other state and federal agencies tested a sample of oil taken from the water near the wreck SS Jacob Luckenbach. Oil from this fifty-year-old wreck, submerged in 176 feet of water 17 miles off San Francisco, matched oil that had impacted thousands of birds and miles of shoreline since November 2001. It also matched oil from mystery spills in this area dating back to 1992. Now that the source of this extensive pollution was found, the next step seemed simple: remove the oil from the vessel. Yet there were many issues surrounding this vessel and its location that required significant cooperation with many agencies and trustees. The Luckenbach is an historic property, protected by the National Historic Preservation Act (NHPA). It is submerged in the Gulf of Farallones National Marine Sanctuary - one of the most biologically productive regions off the California coast and home to many sensitive resources including several listed species. The UC realized that dialogue with and among the natural resource trustee agencies was crucial to planning balanced operations that would remove the pollution source while providing the utmost protection available to the resources at risk A task force was formed that allowed trustees to engage in discussions about the tradeoffs of initiating removal as quickly as possible while balancing the risk of harm that any incidental release during operations may cause to their resources of concern. One of the most exciting benefits of this cooperative effort was the shift in thinking beyond just responding to the incident to advanced planning of a response that would best enhance restoration and long-term recovery. In many responses, it is not always clear that everyone has the same priorities: the USCG may focus on recovering oil and mitigating damage, the responsible party wants to minimize costs, and the trustees want to protect and restore their resources. In this case, the trustees and USCG were clearly working together toward common goals: removing a source of chronic oil pollution while minimizing environmental impacts from the response.

Wildlife Response Management during a Federal Incident

2014 ◽  
Vol 2014 (1) ◽  
pp. 299560
Author(s):  
Rhonda Murgatroyd ◽  
Alexis Kott ◽  
Lawrence Malizzi
Keyword(s):  
Disaster Response ◽  
Oil Pollution ◽  
Unknown Origin ◽  
The United States ◽  
Coast Guard ◽  
United States Coast Guard ◽  
The People ◽  
Oil Spill Response ◽  
Set Up ◽  
South Louisiana

The last days of August 2012 brought Hurricane Isaac's wind and water energy to south Louisiana impacting many parishes with destruction of property and leaving behind severe flooding, making response difficult in some locations. After search and rescue efforts ensuring safety of the people in the areas had been completed, surveys by boat and aircraft began to reveal impacts to wildlife from petroleum product of unknown origin. As in past natural disaster response activations, wildlife professionals expected oil impacted animal cases to remain minimal; however, there was confirmation from some response crews on site that there were in fact affected animals. Given that there was no named Responsible Parties, the United States Coast Guard (USCG), as the Federal On-Scene Coordinator (FOSC), took the lead in activation of the Oil Spill Response Organizations (OSROs) and the wildlife personnel to conduct recovery and rehabilitation efforts in coordination with the State of Louisiana. All costs associated with these activities were covered by the National Pollution Funds Center (NPFC), which is managed by the USCG as promulgated under the Oil Pollution Act of 1990 (OPA 90). Wildlife Response Services, Inc. (WRS) supported by Matrix New World Engineering, Inc. (Matrix), was mobilized on September 2, 2012 to set up a Wildlife Rehabilitation Center (Center) in Belle Chase, Louisiana. The Center was set up in the Bricor Trucking Warehouse and the team had the Center operational the morning of September 3, 2013and received its first animal in the afternoon of that same day. During the response the Louisiana Department of Wildlife and Fisheries (LDWF) was responsible for oiled wildlife recovery and transport to the Center. Over the course of the response 7 live animals were cared for, most of which were cleaned and eventually released back into the wild. The Hurricane Isaac response demonstrated the leadership of the USCG in organizing oiled wildlife recovery and rehabilitation jointly with LDWF and WRS, as well as with the OSROs. This is a model for responses to future natural disasters.

The Oil Spill Liability Trust Fund: How Effective an Instrument of U.S. Public Policy Has It Been?1

1999 ◽  
Vol 1999 (1) ◽  
pp. 655-658
Author(s):  
Daniel F. Sheehan
Keyword(s):  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Time Frame ◽  
Trust Fund ◽  
International Regime ◽  
Exxon Valdez ◽  
The Public ◽  
International Liability ◽  
The Impact

ABSTRACT The Oil Spill Liability Trust Fund (OSLTF) was forged in the legislative cauldron of the aftermath of the Exxon Valdez casualty. However, its genesis really began with Congressional consideration and debate concerning whether to adopt an international liability and compensation regime or improve the unilateral system unique to the United States. The Oil Pollution Act of 1990 significantly expanded the scope of the unique U.S. mechanism, while at the same time it urged the Administration to continue to examine the possibilities of becoming party to an international regime. Ten years after the Exxon Valdez casualty provides a convenient and appropriate time frame for reflection on how well the public has been served by the establishment and implementation of the regime of which the OSLTF is a major element. The impact on various publics served and stakeholders impacted will be analyzed and evaluated. While there are clearly differences in scope, application, and funding mechanisms between the U.S. and international regime, there are substantial similarities in terms of process, administration, areas of concern and interest.

Integrated Vessel Response Plan Format

1999 ◽  
Vol 1999 (1) ◽  
pp. 635-638
Author(s):  
William C. Rogers ◽  
Jean R. Cameron
Keyword(s):  
Oil Spill ◽  
West Coast ◽  
Oil Pollution ◽  
Task Force ◽  
The United States ◽  
Coast Guard ◽  
Response Planning ◽  
Vessel Response ◽  
Response Plan ◽  
The U.S

ABSTRACT Oil shipping companies operating on the West Coast of the United States are subject to international, federal, and state oil spill prevention and response planning regulations. Many companies wrote separate plans for each jurisdiction with the result that tank vessels carried several different plans on board and parent companies faced an administrative burden in keeping plans current. In June 1996, oil shipping company representatives proposed that the States/British Columbia Oil Spill Task Force work with them to develop a format incorporating West Coast states' and U.S. Coast Guard contingency planning requirements. A workgroup comprised of representatives of the Task Force, industry, and the U.S. Coast Guard, working cooperatively, eventually proposed a voluntary integrated plan format based on the key elements of the U.S. Coast Guard Vessel Response Plan. This format allowed correlation with state planning requirements as well as with the Shipboard Oil Pollution Emergency Plan (SOPEP) required by international regulations. The U.S. Coast Guard, the Canadian Ministry of Transport, and all West Coast states have subsequently documented their agreement to accept vessel plans in this format, to coordinate review as needed, and to allow references to public documents such as Area Plans.

scholarly journals NOAA'S NATIONAL MARINE SANCTUARY RESOURCES AND UNDERSEA THREATS DATABASE: PAST, PRESENT, AND FUTURE

2008 ◽  
Vol 2008 (1) ◽  
pp. 1077-1079 ◽  
Author(s):  
Melissa D. Madrigal
Keyword(s):  
United States ◽  
The United States ◽  
Coast Guard ◽  
Fuel Oil ◽  
Chemical Weapon ◽  
Cultural Resources ◽  
Planning Tool ◽  
Heavy Fuel Oil ◽  
Resource Protection ◽  
Centralized Planning

ABSTRACT Recent incidents within our National Marine Sanctuaries (NMS), throughout the United States, and around the world have led the National Oceanic and Atmospheric Administration (NOAA) to begin to look proactively at catastrophic hazardous material releases from submerged sources. Not knowing and understanding the reality of the ecological and economic impacts associated with submerged threats (such as vessels, pipelines, abandoned wellheads, ammunition, and chemical weapon dumpsites) is no longer an option for the nation'S leading ocean agency. Reactive strategies for addressing these threats after a release incident have proved to be ineffective and costly. For example, the decade-long release of heavy fuel oil from the MIV Jacob Luckenbach off the coast of California not only caused the loss of thousands of seabirds, but also cost the nation upwards of $20 million dollars to mitigate and remove the oil from the sunken cargo ship. We know there are potential threats out there and the National Marine Sanctuary Program (NMSP) is taking the proactive first steps in understanding this issue. NOAA'S NMSP and the Office of Response and Restoration'S Hazardous Materials Division have developed the Resources and Undersea Threats Database (RUST). RUST addresses the need for a centralized planning tool to safeguard the marine, historical, and cultural resources within the NMSP. This paper addresses database development and how meeting present needs of the database will shape future uses as a response and planning tool for the United States Coast Guard (USCG), state and federal resource protection staff, oil spill responders, and coastal environmental planners.

USCG RESPONSE EQUIPMENT INTEGRATED LOGISTICS SYSTEM

1995 ◽  
Vol 1995 (1) ◽  
pp. 903-903
Author(s):  
Christine Burk ◽  
Joseph Stahovec ◽  
David Vaught
Keyword(s):  
Oil Pollution ◽  
Tracking System ◽  
The United States ◽  
Coast Guard ◽  
Operational Performance ◽  
Life Cycle Costs ◽  
United States Coast Guard ◽  
Logistics System ◽  
Integrated Logistics ◽  
Removal Equipment

ABSTRACT The United States Coast Guard procured specialized oil spill containment and removal equipment to support the goals of the Oil Pollution Act of 1990. To manage the equipment inventories, an integrated logistics maintenance and tracking system (ILS) was implemented. The ILS provides a systematic means for documenting and controlling the configuration of system components so that life-cycle costs, operational performance/use, and equipment readiness can be regulated, tracked, and documented.

EFFECTS OF OPA 90 RESPONSE PLANNING ON REPORTED SPILLS

1997 ◽  
Vol 1997 (1) ◽  
pp. 761-764 ◽  
Author(s):  
Dana Stalcup ◽  
Gary Yoshioka ◽  
Brad Kaiman ◽  
Adam Hall
Keyword(s):  
United States ◽  
Emergency Response ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Government Agencies ◽  
Notification System ◽  
Response Planning ◽  
The Impact ◽  
Spilled Oil

ABSTRACT In the years following the passage of the Oil Pollution Act of 1990 (OPA 90), government agencies and regulated parties in the United States have begun to implement spill prevention and preparedness programs. For this analysis, 7 years of oil spill data collected in the Emergency Response Notification System were used to measure the impact that OPA 90 has had on preventing large spills. Furthermore, relationships among the types, sources, and location of spilled oil are characterized. A comparison of the number of reported 10,000-gallon oil spills for the years 1992-1995 to that number for the years 1989-1991 indicates a decline, not only for vessels but also for pipelines and fixed facilities. The decline in large oil spills to water from various sources appears to indicate that the efforts of government and industry have had a measurable impact on environmental protection.

Update and Lessons Learned from RULET Assessments on Potentially Polluting Wrecks in the US

2017 ◽  
Vol 2017 (1) ◽  
pp. 2017222
Author(s):  
Lisa C. Symons ◽  
James P. Delgado
Keyword(s):  
Oil Pollution ◽  
Lessons Learned ◽  
Coast Guard ◽  
Cultural Significance ◽  
Coastal Marine ◽  
New Information ◽  
Contingency Plans ◽  
New Locations ◽  
Specific Assessment ◽  
International Boundaries

In response to a 2010 mandate from Congress, the National Oceanic and Atmospheric Administration (NOAA) produced a specifically-designed Risk Assessment for Potentially Polluting Wrecks in U.S. Waters that was then provided to the U. S. Coast Guard (USCG). A total of 87 risk assessments were presented to the USCG for inclusion into Area Contingency Plans required for all coastal, marine and Great Lakes waters in the U.S. under the Oil Pollution Act of 1990 (33 U.S. Code § 1321) in May 2013. USCG relies on NOAA for expertise in response and contingency planning and as a resource trustee for both natural resources and underwater cultural heritage. The USCG has used the RULET assessments to foster dialogue with both the potentially affected public and responders and to start thinking through general issues associated with shipwrecks that may have historical significance in additional to being potential pollution hazards. Over the past three years, several surveys of opportunity have provided an opportunity for concurrent assessments of historical and cultural significance and site-specific assessment of pollution potential. Several wrecks have been downgraded in terms of their risk, one has been remediated, one patched (FERNSTREAM, USNS MISSION SAN MIGUEL.). Surveillance and monitoring efforts have provided additional insight to specific wrecks and even helped identify wrecks that were excluded from the assessment (COIMBRA, W.E. HUTTON, USS MURPHY). Surveys have moved two wrecks across international boundaries (or rather provided new locations for TB ARGO and MV COAST TRADER.) In-water assessments have lead to unexpected pollution response challenges, such as those associated with the TB ARGO. As salvage and response technologies develop and additional surveys of opportunity take place the new information provides for continued refinement of the contingency plans and protects our environmental and economic resources along the coast. This paper will provide an evaluation and an update as to the overall effectiveness of this assessment effort to date. Activities since 2013 have significantly moved forward the understanding and engagement on the issue by responders, trustees and the public regarding potentially polluting wrecks in U.S. waters and have provided insight to other jurisdictions dealing with similar challenges.

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