Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 15 - Commerce and Foreign Trade |
Subtitle B - Regulations Relating to Commerce and Foreign Trade |
Chapter IX - National Oceanic and Atmospheric Administration, Department of Commerce |
SubChapter E - Oil Pollution Act Regulations |
Part 990 - Natural Resource Damage Assessments |
Subpart E - Restoration Planning Phase |
§ 990.52 - Injury assessment - quantification.
-
§ 990.52 Injury assessment - quantification.
(a) General. In addition to determining whether injuries have resulted from the incident, trustees must quantify the degree, and spatial and temporal extent of such injuries relative to baseline.
(b) Quantification approaches. Trustees may quantify injuries in terms of:
(1) The degree, and spatial and temporal extent of the injury to a natural resource;
(2) The degree, and spatial and temporal extent of injury to a natural resource, with subsequent translation of that adverse change to a reduction in services provided by the natural resource; or
(3) The amount of services lost as a result of the incident.
(c) Natural recovery. To quantify injury, trustees must estimate, quantitatively or qualitatively, the time for natural recovery without restoration, but including any response actions. The analysis of natural recovery may consider such factors as:
(1) The nature, degree, and spatial and temporal extent of injury;
(2) The sensitivity and vulnerability of the injured natural resource and/or service;
(3) The reproductive and recruitment potential;
(4) The resistance and resilience (stability) of the affected environment;
(5) The natural variability; and
(6) The physical/chemical processes of the affected environment.