Oil Spill Commission Recommendations Pertaining to the National Oceanic and Atmospheric Administration

A. Safety and Environmental Protection

A.7a) The Department of Energy, the National Oceanic and Atmospheric Administration (NOAA), the U.S. Geological Survey, and other interested agencies should establish a joint research program to systematically collect critical scientific data, fill research gaps, and provide comprehensive, ecosystem-based scientific reviews of Outer Continental Shelf (OCS) areas that are currently, or will likely be, open for energy development.

No such research program, as prescribed, has been established to date. However, several different initiatives have been put in motion to meet the objectives laid out in this recommendation.

The Interagency Coordinating Committee for Oil Pollution Research The Interagency Coordinating Committee for Oil Pollution Research (ICCOPR) was established under OPA90; however, the research and development mandate coordinated under this committee has not been well funded over the years. The 1997 ICCOPR Research and Technology Plan has been the primary oil pollution research guidance for the Nation for the past 14 years. ICCOPR is currently working on updating this plan to account for changing oil pollution research priorities and to address new industry risks. Expected completion is calendar year 2013. ICCOPR alone will not meet the scope of this recommendation.

NOAA Interagency Research and Regulatory Collaboration NOAA and BOEMRE (now BOEM/BSEE) signed a Memorandum of Understanding (MOU) in May 2011 that established basic communication and consultation between agencies. It also encourages development of protocols for Environmental Studies and Scientific Collaboration (Section C.4) which include joint membership on OCS-related scientific advisory committees and commitments for information sharing and research planning under the new MOU (resulting in a funding agreement to enhance Arctic Environmental Response Management Application [ERMA®]).

This MOU is operating well in Alaska where the volume of work needing collaboration is manageable. In February 2012, Alaska SeaGrant facilitated a 2-day BOEM/BSEE/NOAA MOU workshop. The workshop allowed each agency to describe their Alaska regulatory responsibilities, research priorities, and funding capabilities. This meeting was extremely useful for building interagency communication and relationships, identifying common research priorities, and understanding the delineation of agency missions related to OCS activities. A similar workshop would be valuable for the Gulf of Mexico region.

BOEM and BSEE undertake a large volume of OCS-related work in the Gulf of Mexico. NOAA and BOEM/BSEE are currently working to identify priority areas where NOAA can provide valuable input.

The Gulf of Mexico Region Information Transfer Meeting (ITM) began in 1980 as an annual meeting (now biannual since 2000) to foster sharing results, methods, and ideas related to environmental studies. NOAA/National Marine Fisheries Service (NMFS) scientists participate in these meetings by presenting, discussing, and sharing their findings related to the Offshore Energy and Minerals Management Program.

NOAA is currently participating in BOEM's ongoing development of a new Relative Environmental Sensitivity Analysis for OCS lease areas identified in the 2012-2017 lease plan. This study represents the first step in a fundamental change to the way BOEM evaluates and considers sensitivity of offshore ecosystems during the oil/gas/renewable leasing process. NOAA's National Ocean Service (NOS) and NMFS are reviewing this document.

Several agencies, including NOAA, BSEE, Environmental Protection Agency (EPA) and the United States Coast Guard (USCG) have provided funding to the National Academy of Sciences to carry out an independent study on research gaps for oil spill preparedness and planning in the Arctic.

NOAA's Industry Data Sharing Collaboration NOAA has established an MOU with Shell, Conoco Phillips and Statoil to enhance collaboration on ocean, coastal, and environmental science for the Arctic through maximizing skills, knowledge, and resources. The agreement calls for sharing a number of scientific data sets for this largely frontier region, including but not limited to, weather and ocean observations, biological information and sea ice and sea floor mapping studies.

Interagency Arctic Research Policy Committee Since making the Interagency Arctic Research Policy Committee (IARPC) a subcommittee of the National Science and Technology Council in July 2010, it has been revitalized and is currently drafting a 5-year research plan for the Arctic. This plan is not solely related to OCS science needs, but the increased human pressures of the Arctic are certainly considered when making decisions about future Arctic research. NOAA is an active member of IARPC.

The North Pacific Research Board Arctic Data Synthesis and Research The North Pacific Marine Research Institute, administered by the North Pacific Research Board (NPRB) is working with the National Science Foundation (NSF) to further our understanding of the marine ecosystem in the Bering Strait and Arctic Ocean (Chukchi and Beaufort seas). During the first phase, we are interested in a synthesis of existing scientific and traditional knowledge of the marine ecosystem in the Bering Strait and Arctic Ocean and an identification of research needs to help plan potential, upcoming research programs by the Institute, NPRB, NSF, and other organizations.

For this first phase, we are coordinating solicitation of proposals that will synthesize existing data related to marine ecosystem structure and function, including humans (i.e. biological, physical, sociological, traditional, etc.) from the Chukchi and Beaufort seas and the Bering Strait north of St. Lawrence Island. Proposals must also include a specific effort to identify research needs in order to inform the design of future marine ecosystem studies in the Arctic.

With financial support from Shell and ConocoPhilhps and technical assistance from NSF, the Institute is releasing this Request for Proposals with a total anticipated budget of $1.45

million available for the duration of the project (see specific timelines in the RFP). We anticipate funding only one comprehensive and fully integrated effort.

Synthesis of Arctic Research (SOAR) Physics to Marine Mammals in the Pacific Arctic BOEM is funding NOAA to conduct this project which addresses the changing physical environment of the U.S. Arctic OCS that is hypothesized to drive a rapid tempo of change in the distribution and behavior of a number of protected marine mammals that inhabit those waters. The same species may be affected by oil and gas activities within BOEM Planning Areas, with strong potential for deleterious interactions between natural and human induced phenomena. Under NEPA and the ESA, BOEM is required to evaluate whether and how Federal actions associated with oil and gas development may affect these protected populations. Information on ocean circulation and hydrography is useful for those evaluations as well as for input into various models used to predict the outcome of oil spills and other physical phenomena. Given recent high investment in interdisciplinary biological and oceanographic research by the Governments in the region, a synthesis of results of completed and ongoing studies would be useful to inform management decision-makers and may be useful in determining needs of future research activities. This study addresses aspects of USGS Recommendations 5.23, 5.24, 5.26, 6.01, 6.06, 6.08, 6.09, 7.01 and 7.03.

A.7b) The new Environmental Science Office within the Department of the Interior along with NOAA should develop environmental monitoring protocols to be implemented by oil and gas companies at lease sites once exploration, development, and production activities begin. NOAA authority to require industry to conduct environmental monitoring at active lease sites is limited to mitigation and monitoring required under the Marine Mammal Protection Act, Endangered Species Act, and National Marine Sanctuaries Act.

BOEM issues notices to lessees (NTLs) to provide clarification, description, or interpretation of a regulation; guidelines on the implementation of a special lease stipulation or regional requirement; or convey administrative information. NTL No. 2008-G04 contains information requirements for exploration plans and development operations coordination documents, including environmental monitoring requirements. NOAA is looking forward to participating in the update to this NTL which expires in May of 2013.

Essential Fish Habitat Update for BOEM Leases The NMFS Southeast Region and BOEM Gulf of Mexico Region agreed to procedures to incorporate a new Programmatic Essential Fish Habitat (EFH) Consultation into BOEM documents prepared for each 5-Year Multi-Lease Sale Program in the Gulf of Mexico beginning with the 2012-2017 program. The draft environmental impact statement was released in December 2011 and the draft programmatic consultation is currently under development.

Endangered Species Act Update for BOEM Leases BOEM is preparing a draft biological assessment to inform a programmatic biological opinion on the Gulf of Mexico OCS Lease Program and it will be sent to NMFS for comment. This programmatic consultation and biological opinion will differ from previous lease sale opinions because it will consider all oil and gas activities throughout the entire Gulf of Mexico OCS. NMFS' Southeast Region is currently engaged with BOEM in interim Endangered Species Act (ESA) coordination procedures on Geophysical & Geological permits, exploration plans, and development plans. This interim consultation process will be

followed until the new biological opinion is completed. The Explosive Removal of Offshore Structures (EROS) and Geophysical & Geological Surveys will be considered in separate programmatic biological opinions.

ESA Update for the Deepwater Horizon Oil Spill The 2001 Inter-agency Memorandum of Agreement Regarding Oil Spill Planning and Response Activities Under the Federal Water Pollution Control Act's National Oil and Hazardous Substances Pollution Contingency Plan and the Endangered Species Act (MOA) states that the Federal On-Scene Coordinator (FOSC) will initiate consultation on the effect of oil spill response activities (not the effects of the spill or NRDA activities) after the DWH emergency response case is closed. At present, the USCG will not indicate when the emergency response case will be closed. Once the complete biological assessment is received, typical consultation procedures will apply per the MOA. Currently, the USCG has made little progress preparing the biological assessment because personnel are being redirected to ongoing response issues. USCG indicates they expect to complete the biological assessment in 12-18 months.

C. Impacts and Restoration C.2 The Trustees for Natural Resources should ensure that compensatory restoration under the Natural Resources Damages Assessment process is transparent and appropriate. To meet the requests from academia, non-governmental organizations, and the general public regarding data and ongoing Natural Resources Damages Assessment (NRDA) actions, NOAA and co-trustees have developed data sharing and other outreach practices that have resulted in the most transparent damage assessments in history. NRDA is a legal process, designed to resolve liability through restoration for the American public. The legal nature of damage assessment requires a certain degree of confidentiality to preserve the Government's ability to make the strongest damage claim possible on behalf of the public in settlement negotiations and litigation. Nonetheless, the trustees have developed new public information sharing protocols to address the American public's unprecedented request for NRDA information, while at the same time, preserving the trustees' responsibility to ensure a strong legal case. The Administrative Record can be found online at: http://www.doi.gov/deepwaterhorizori/admimecord/index.cfm.

One of the key actions the trustees have taken to ensure enhanced transparency is the public distribution of cooperative assessment work plans and data during the NRDA process. Early in the Deepwater Horizon NRDA process, NOAA developed a NRDA Deepwater Horizon website (http://www.gulfspillrestoration.noaa.gov) which has become an effective tool in providing the public with important information. This website currently provides access to over 80 pre-assessment work plans and resulting validated data that are normally kept internal to the trustees until the NRDA has reached a legal settlement. These efforts to make data publicly accessible as soon as possible while ensuring that rigorous scientific protocols are upheld have required substantial coordination efforts.

In addition, NOAA has continued to update its publicly accessible Gulf Environmental Response Management Application (ERMA) website (http://www.geoplatform.gov/gulfresponse), a NOAA tool that served critical operational and situational awareness roles during the response and will continue to be a vital tool during the

assessment and restoration planning phases of the NRDA, as well as for future spills in the Gulf and elsewhere. It also allowed the public to access and view a myriad of information that was being generated during the spill. (An Arctic ERMA is now being built in anticipation of increased future oil and gas activities in that region. However, budget limitations will hinder NOAA's ability to provide a public viewing platform for the Arctic as was developed for the Gulf.) Lastly, the public accessibility and crucial situational awareness role that the ERMA Team played during the Deepwater Horizon spill response made it a 2011 finalist in consideration for the Service to America Homeland Security Medal.

Public notices and public comments are significant components to transparency; no NRDA restoration is implemented without having first been publicly shared, opened for comment, and responded to. NOAA and its co-trustees have gone beyond the standard NRDA practice of public notices and comment periods associated with restoration plans to maximize transparency.

NOAA planned and executed 11 public scoping meetings during March and April of 2011 to obtain input from the public on what types of restoration should be considered in a draft Programmatic Environmental Impact Statement/Programmatic Restoration Plan based on what the trustees knew about resource exposure to oil and dispersants. Information shared at the public meetings was also made available on-line to those who could not attend the public meetings. In addition, in an effort to facilitate public input into the restoration scoping process, many different mechanisms for comment submittal were employed. One of these mechanisms was the use of an online submittal form and supporting database that allowed the public to quickly submit a comment and, once reviewed for meeting internet posting criteria, was posted to the Gulf Spill Restoration website for viewing by the interested public. The supporting database also facilitated the organization and analysis of the scoping

comments submitted through all available comment mechanisms. The online submittal tool will be used in future public comment periods for the draft Programmatic Environmental Impact Statement/Programmatic Restoration Plan.

Also, to maximize transparency and appropriateness in the selection of compensatory restoration projects, NOAA and the co-trustees have implemented an innovative database that features a publicly accessible, online method of submitting project ideas along with an interactive, map-based inventory of the complete list of project submissions. The database not only provides the co-trustees with a broad range of restoration options suggested from across the spectrum of stakeholders, but gives the public a transparent view into the full list of potential compensatory restoration projects being considered for implementation. The publicly accessible database submission form contains tools that allow users to enter detailed project information and includes a Google Maps-based method to accurately describe the project's size and location. After submission, users are provided with a project confirmation number that allows them to access their project at any time to make changes or updates. The database inventory displays all the submitted projects on a regional map and allows users to search and filter projects by location, keywords, or project characteristics. Users also have the option to select any individual project and get a more detailed view of its descriptive information. The project database currently contains over 700 project submissions and is growing every day.

C.6a) Agencies, including EPA, the Department of the Interior, and NOAA, and the Trustees for Natural Resources should better balance the myriad economic and environmental interests concentrated in the Gulf region and present in other areas of the Outer Continental Shelf. In its mandate to protect coastal communities and maintain sustainable fisheries, NOAA is ever mindful of economic impacts from disrupted fisheries and the human dimension of environmental catastrophes on coastal populations. We can and do actively mitigate them through consideration of such impacts when determining appropriate response tools during an oil spill and appropriate restoration in its aftermath.

The National Ocean Council (NOC) was created by E.O. 13547 to support increased policy coordination to improve the stewardship of the ocean, our coasts, and the Great Lakes. The NOC has begun to address many of the priority objectives identified in the National Ocean Policy, including the issue of ecosystem-based management (EBM) for the Nation's Oceans, but not in direct relation to the Outer Continental Shelf being considered for energy development. In December 2011, the NOC launched oceans.data.gov, a data portal that will bring together publicly available government generated data relevant for ocean and coastal planning. In late March 2012, they released the Arctic portion ofocean.data.gov - a tool that isolates Arctic-specific data for viewers. NOAA has been actively engaged in the development of ocean.data.gov and continues to work towards making relevant NOAA data and information available through this portal. NOAA will use this new data source when populating spatial data platforms, like ERMA, and conducting assessments of available data for sound and informed decision-making.

Of note, in March 2012, the NOC announced a partnership with the Interagency Alaska Permitting Working Group to develop an EBM framework for the Arctic through an Arctic EBM Task Force. NOAA will participate on this task force and is eager to provide our expertise in the area of ecosystem-based fisheries management.

Coastal Marine Spatial Planning could address some of these issues prior to an environmental emergency. The National Ocean Policy defines coastal CMSP as a

comprehensive, adaptive, integrated, ecosystem-based, and transparent spatial planning process, based on sound science, for analyzing current and anticipated uses of ocean, coastal, and Great Lakes areas. CMSP identifies areas most suitable for various types or classes of activities in order to reduce conflicts among uses, reduce environmental impacts, facilitate compatible uses, and preserve critical ecosystem services to meet economic, environmental, security, and social objectives. A nascent Regional Planning Body is being developed in the Gulf of Mexico to undertake marine planning in the region; the U.S. Navy is the lead Federal agency. Federal agencies including, NOAA, Department of the Interior (DOI), and EPA have identified representatives to this body. In addition, regional efforts such as the Gulf of Mexico Alliance, which also include EPA, DOI, NOAA and NRDA Trustee agencies, have identified Gulf-wide priorities to enhance economic opportunities while ensuring the protection and conservation of Gulf coastal ecosystems.

C.6b) The agencies should undertake improved monitoring and increase their use of sophisticated tools like coastal and marine spatial planning.

Post Deepwater Horizon NOAA's Office of Response and Restoration (OR&R) has been actively working with the USCG, State, and local partners to include non-government organizations on updating all of the country's Oil Spill Area Contingency Plans and Geographic Response Plans post-Deepwater Horizon in an effort to ensure wider stakeholder involvement.

NOAA is planning a workshop this may to investigate the Next Generation of Environmental Sensitivity Index Atlases for coastal and marine oil spill planning and environmental response.

NOAA has been working closely with the National Ocean Council and other Federal agencies to implement the CMSP Framework. While the Regional Planning Bodies (RPB) have not yet been established, NOAA and the other Federal agencies who will be involved in RPB have identified their representatives and have had initial discussions of how they can begin to work with the States, Tribes, and other stakeholders to move forward with regional planning.

Challenges CMSP has political and budgetary challenges. Nonetheless, NOAA remains committed to pursuing the principles of regional marine planning to reduce conflicts of ocean and coastal uses and inform sound decision-making. Data collection and aggregation are a large part of that effort and where NOAA is concentrating efforts.

Data and Decision Support Tools NOAA is leading the effort under the National Ocean Policy to improve and facilitate data access. NOAA was a primary contributor to the development of Ocean.Data.gov. This prototype, released on December 6, 2011, contains 51 datasets from Federal agencies, over half of which were generated by NOAA. In addition, NOAA tools are highlighted in the prototype, including MarineCadastre.gov (multi-agency tool), Digital Coast, and the

Automated Identification System (AIS) vessel traffic tools (partnership with US Coast Guard). These data integration efforts will remain a focus for NOAA who will continue to coordinate with other efforts, such as the Integrated Ocean and Coastal Mapping program and the Integrated Ocean Observing System, among others, as a way to continue to bring consolidated and real-time data into a format that can be analyzed by those making resource allocation decisions in the ocean.

As the many sources of data are made more easily accessible, constituents can then apply NOAA's range of issue-specific tools to efficiently manage our coastal and ocean resources. The following is a list of key data resources and tools developed or supported by NOAA:

• NOAA CMSP Data Registry This site provides a collection of Web-accessible NOAA geospatial data deemed essential for local, regional, or national-level CMSP processes based on requirements gathered from regional users. It is also a staging point for data that will eventually be elevated to Ocean.Data.Gov.

• NOAA GeoPlatform The NOAA GeoPlatform, in development, will provide customers with a platform for accessing much of NOAA's geospatial data, services, and applications. It will also provide NOAA users with collaborative map mashup workspace. The NOAA GeoPlatform will serve as NOAA's portal for data, and is planned to seamlessly integrate data from the CMSP Data Registry and individual NOAA Office's GeoPortal servers.

• MarineCadastre. gov This site provides authoritative data, web map viewers, and analytical tools to support offshore renewable energy siting. MarineCadastre.gov focuses on spatial data and web maps services necessary for planning and siting energy-related projects, interactive maps, and tools that enable site suitability assessments and data analysis. MarineCadastre.gov is a multi-agency effort being led by BOEM and NOAA. Partners and customers include

regional ocean planning councils, state renewable energy task forces, State and Federal regulators, and industry consultants.

Status of CMSP in the Arctic RPBs have not yet been formed in any of the nine planning regions, including the Alaska/ Arctic region. RPB formation will be a key first step in bringing the right people to the table to undertake regional marine planning. Federal representatives who will sit on the RPB, once formed, have been identified. The NOC will soon be working on identifying the non-Federal members. One challenge to the RPB formation in this region is the large number of Federally recognized Tribes/ Alaska Natives thus the NOC and the Federal co-Lead for the region (USCG) will be working with Tribal and Alaska Native leaders to determine the best approach for appointing their representatives to the RPB.

While not directly related to CMSP or the implementation of the CMSP Framework in Alaska, it is important to note that the State of Alaska allowed its Coastal Zone Management Act to lapse in Alaska. The proposal to reenact the Coastal Zone Management in Alaska will be in the upcoming election ballot.

Status of CMSP in the Gulf As with the other eight regions, the Gulf of Mexico RPB is being formed. The NOC is currently providing membership guidance to the States and Tribes. The Federal RPB representatives have been identified and have begun to have initial discussions on next steps for once the RPB is formed. Additional dialog has taken place with the Gulf of Mexico Alliance on their role in regional marine planning and how they will fit in with the RPB once created. The Federal representatives are also communicating regularly with other stakeholder groups such as the fishing and oil and gas industries who remain concerned that this is an effort to restrict access to ocean and coastal areas.

Many of the Gulf States have been supportive of working to improve access to data and information and other decision support tools. One such effort is the creation of the Gulf of Mexico Data Atlas that NOAA, the States and other partners such as the Gulf of Mexico

Coastal and Ocean Observing System worked to create a digital atlas of data and information about the physical environment, marine resources, and economic activity in the Gulf of Mexico.

Monitoring and Tool Development As stated in C.2 above, NOAA is rapidly developing sophisticated tools to improve environmental response data management and visualization, aid damage assessment operations, restoration planning and implementation, and track long-term monitoring efforts. However, more work is needed to coordinate and compile the myriad environmental data bases maintained by Federal, State and local government, academia and the oil and gas industry. As oil and gas exploration and production moves further offshore and drilling ventures ever deeper, Federal agencies will need to work together to leverage data collection, management, analysis and visualization expertise in these austere budget times. Furthermore, sophisticated analysis tools needed to aid decision-making will be critical to support disaster response in remote and logistically challenging areas such as the Arctic. NOAA, with BSEE funding assistance, is working to enhance the Arctic Environmental Response Management Application, a state of the art data management and visualization tool, in preparation for proposed drilling operations this summer in the Beaufort and Chukchi Seas, Alaska.

D. Financial Responsibility No NOAA Recs E. Funding of Government Oversight of the Offshore Industry and Congressional Reforms No NOAA Recs

F. Frontier Areas—The Arctic F. l There should be an immediate, comprehensive Federal research effort to provide a foundation of scientific information on the Arctic.

Interagency Arctic Research Policy Committee Since making the Interagency Arctic Research Policy Committee (IARPC) a subcommittee of the National Science and Technology Council in July 2010, it has been revitalized and is currently drafting a 5-year research plan for the Arctic. This plan is not solely related to OCS science needs, but the increased human pressures of the Arctic are certainly considered when making decisions about future Arctic research. NOAA is an active member of IARPC.

G. Industry Reforms No NOAA Recs