95-10277. Notice of Availability, Final Apex Houston Oil Spill Restoration Plan  

  • [Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
    [Unknown Section]
    [Pages 20739-20749]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-10277]
    
    
    
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    DEPARTMENT OF THE INTERIOR
    Fish and Wildlife Service
    
    
    Notice of Availability, Final Apex Houston Oil Spill Restoration 
    Plan
    
    AGENCY: Fish and Wildlife Service, Department of the Interior.
    
    ACTION: Notice of Availability.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The U.S. Fish and Wildlife Service (Service) herein releases 
    the final Apex Houston Oil Spill Restoration Plan (Final Plan). The 
    Final Plan describes the techniques, schedule, and budget for a project 
    to restore natural resources injured as a result of an oil spill that 
    killed approximately 9,000 seabirds along the coast of central 
    California in 1986. The Final Plan also includes responses to comments 
    about the Draft Plan (Federal Register/Vol. 59/No. 213/55282) that were 
    received during a 45-day public comment period that ended on December 
    19, 1994. Money to carry out this project was obtained via a Consent 
    Decree that ended litigation on the case in August 1994. The Service 
    will begin implementation of the Final Plan in 1995 and will conclude 
    the project in approximately 2004. A Natural Resources Trustee Council 
    containing representatives of the Service, the National Oceanic and 
    Atmospheric Administration, and the California Department of Fish and 
    Game will oversee the project.
    
    DATES: Written comments on the Final Plan must be submitted on or 
    before June 26, 1995.
    
    ADDRESSES: Written comments or materials regarding the Final Plan 
    should be sent to the following address. Comments or requests for 
    copies of the Final Plan can also be sent via FAX to (916) 979-2128. 
    Daniel Welsh, Chief, Branch of Natural Resource Damage Assessment, U.S. 
    Fish and Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento, 
    CA 95825, (916) 979-2110.
    
    FOR FURTHER INFORMATION CONTACT: Requests for further information or 
    additional copies of the Final Plan may be made to: Daniel Welsh, 
    Chief, Branch of Natural Resource Damage Assessment, U.S. Fish and 
    Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento, CA 95825, 
    (916) 979-2110.
    
    Restoration of Nearshore Breeding Seabird Colonies on the Central 
    California Coast: Final Plan
    
    I. Executive Summary
    
        Between January 28 and February 4, 1986, the transportation barge 
    APEX HOUSTON discharged an undetermined amount of San Joaquin Valley 
    crude oil while in transit from San Francisco Bay to the Long Beach 
    Harbor. The oil spill caused damage to State of California and Federal 
    resources from San Francisco to the Big Sur coast. Approximately 9,000 
    seabirds were killed, including 6,000 common murres (Uria aalge), in 
    addition to other aquatic life in and around the coastal waters of 
    central California. Both the State and Federal governments responded to 
    the spill and began assessing damages as a result of the spill.
        The State and Federal natural resource trustees commenced 
    litigation in this matter against potentially 
    [[Page 20740]] responsible parties in January 1989. The complaints 
    alleged claims for natural resource damages, costs, and penalties 
    pursuant to the Clean Water Act, 33 U.S.C. 1251 et seq., Title III of 
    the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq. (formerly 
    the National Marine Protection, Research and Sanctuaries Act, 
    ``MPRSA''), the California Harbors & Navigation Code 293 and 294, and 
    other State Law.
        In August 1994 the parties settled this matter in a Consent Decree 
    entered by the Federal District Court for the Northern District of 
    California for a total of $6,400,000. As part of the natural resources 
    damage settlement, $4,916,430 has been allocated for the restoration of 
    common murres in central California. The common murre restoration 
    project is the subject of this Final Plan. An additional $500,000 has 
    been allocated for the acquisition of habitat for the marbled murrelet 
    (Brachyramphus marmoratus), a species that is listed under the Federal 
    and State Endangered Species Acts and was impacted by the spill. The 
    murrelet project is being carried out under State lead and is included, 
    but not described in detail, in this Final Plan. The remainder of the 
    $6,400,000 collected in the settlement was for penalties and costs 
    incurred as a result of the spill.
        A Trustee Council, comprised of representatives of each Trustee 
    (California Department of Fish and Game, National Oceanic and 
    Atmospheric Administration, and U.S. Fish and Wildlife Service) was 
    established to review and select restoration actions for natural 
    resources injured by the spill. This Council will meet regularly during 
    the duration of the project to review progress and make necessary 
    changes. The Trustee Council has approved this Final Plan for 
    restoration of common murres.
        The goal of the common murre restoration project is to recolonize 
    common murres at historic breeding colonies in the areas where colonies 
    were extirpated or severely depleted by the APEX HOUSTON oil spill. 
    Social attractants (decoys and recorded vocalizations of common murres) 
    will be used to attract common murres to nest at historic nearshore 
    colonies in the vicinity of San Francisco and Monterey. Common murres 
    will be monitored at these sites and at reference sites in the vicinity 
    of Point Reyes and the Farallon Islands in order to evaluate and refine 
    the recolonization project. Parameters to be monitored include colony 
    size, reproductive success, behavior, and phenology of common murres. 
    In addition, anthropogenic factors (e.g., boat disturbance, aircraft 
    overflights, oiling) and natural factors (e.g., predation, diet) that 
    may affect the success of recolonization efforts will be monitored. 
    This project may take a minimum of 10 years to achieve success because 
    common murres have inherently low reproductive rates and do not breed 
    until they are several years old.
    
    II. Introduction
    
        Nearshore breeding colonies of common murres (Uria aalge) 
    throughout central coastal California (Point Arena to Big Sur) 
    decreased by 60.1 percent between 1980 and 1986 (Takekawa et al. 1990). 
    This population decline was attributed to high mortality from gill-net 
    fishing, oil spills (including the Apex Houston spill), and a severe El 
    Nino-Southern Oscillation event in 1982-1983 (Takekawa et al. 1990, 
    Swartzman and Carter 1991, Carter et al. 1992). The APEX HOUSTON oil 
    spill, which occurred principally between San Francisco and the 
    Monterey Peninsula, killed nearly 9,000 seabirds in February 1986 
    (Siskin et al. 1993). This mortality included approximately 1,293 
    rhinoceros auklets (Cerorhinca monocerata), 180 small alcids, 12 
    marbled murrelets (Brachyramphus marmoratus), and 1,206 other birds 
    (including loons, grebes, scoters, cormorants, shorebirds, and gulls) 
    (Siskin et al. 1993). In addition, approximately 6,000 common murres 
    were killed (Siskin et al. 1993). The common murre colony at Devil's 
    Slide Rock was found to be abandoned, subcolonies at Castle Rocks 
    disappeared, and other central coastal breeding sites (e.g., Hurricane 
    Point Rocks, Point Reyes) were greatly reduced after the spill 
    (Takekawa et al. 1990, Swartzman and Carter 1991, Carter et al. 1992) 
    (Figure 1).
        In the early 1900's, common murres bred at Prince Island in 
    southern California (Carter et al. 1992). However, the central 
    California population currently represents the southernmost range for 
    breeding common murres in the Pacific. Future oil spills and other 
    catastrophic events (e.g., disease, predation, climate change) could 
    result in the extirpation of this population as well as a reduction in 
    the species' geographic range. The restoration of former common murre 
    colonies would aid in securing the central coastal California common 
    murre population and would spread the risk of future disasters among 
    colony sites over a wider range of the California coast.
        The goal of this project is to restore common murres at historic 
    breeding colonies in areas where colonies were extirpated or severely 
    depleted by the APEX HOUSTON oil spill. The project will be conducted 
    over approximately 10 years. A total of $4,916,430 was obtained for 
    this project via the court settlement.
    
    III. Purpose
    
        The restoration funds were recovered under the Federal Clean Water 
    Act and National Marine Sanctuaries Act, the California Harbors and 
    Navigation Code Secs. 293 and 294, and other State Law. A Trustee 
    Council, comprised of representatives of each Trustee, was established 
    to review and select restoration actions. As part of the settlement in 
    the APEX HOUSTON litigation, $4,916,430 has been allocated for the 
    restoration of common murre colonies that suffered damage from the APEX 
    HOUSTON oil spill. This project should aid in restoring the central 
    California common murre population at historic breeding colonies in 
    areas where colonies were extirpated or severely depleted by the APEX 
    HOUSTON oil spill. Restoring this population to a larger part of its 
    historic range will aid in spreading the risk of future catastrophic 
    events (e.g. oil spills, disease, storms) between more colony sites and 
    over a broader section of the California coast.
    
    IV. Restoration Alternatives Considered and Selected
    
    (A) Alternatives Considered
        The Federal Clean Water Act and other Federal law states that 
    natural resources damages ``shall be used to restore, rehabilitate, or 
    acquire the equivalent of'' natural resources damaged or destroyed as a 
    result of a discharge of oil (Clean Water Act Sec. 311(f)(5), 33 U.S.C. 
    Sec. 1321(f)(5)). In addition, the Service's Natural Resource Damage 
    Assessment program in Region 1 has found the following criteria helpful 
    in setting priorities when evaluating options for restoration of 
    natural resources damaged due to releases of oil or hazardous 
    substances (Wickham et al. 1993):
        (1) On-site and in-kind, in which restored resources occur at the 
    injured site and are physically and biologically the same as those 
    lost;
        (2) Off-site and in-kind, in which restored resources occur at a 
    site other than that injured, but similar physical and biological 
    resources are restored;
        (3) On-site and out-of-kind, in which restored resources at the 
    impact site are physically and biologically different from those lost;
        (4) Off-site and out-of-kind, in which restored resources are at a 
    site other than the impact site and are physically [[Page 20741]] and 
    biologically different from those lost; and,
        (5) In special cases, acquisition of equivalent existing resources/
    services under private ownership, which does not replace lost 
    resources, but reduces potential future loss by placing acquired 
    resources under public management and protection (e.g., the marbled 
    murrelet habitat acquisition project).
        Therefore, the Trustees concentrated their damage assessment and 
    restoration efforts on the recovery of central California seabird 
    populations, especially alcids, since these birds incurred the greatest 
    losses due to the APEX HOUSTON oil spill (Siskin et al. 1993).
        Alternatives considered for seabird restoration included active 
    recolonization/restoration projects and habitat acquisition projects. 
    Alternatives were compared based on the criteria described above, as 
    well as the technical feasibility of the project, importance to the 
    public interest, and monetary costs. Two projects have been selected 
    for immediate implementation. These are the acquisition of marbled 
    murrelet breeding habitat and the recolonization of common murres using 
    social attraction techniques. The Trustee Council will reevaluate these 
    two projects and consider additional restoration projects and/or 
    supplemental methodology at least annually. The Trustee Council will 
    reappropriate and reauthorize funds as needed.
        Recolonization/restoration efforts were considered for common 
    murres and rhinoceros auklets, two seabird species that suffered high 
    mortality as a result of the spill. The rhinoceros auklet project 
    involved use of artificial nest sites to enhance breeding populations 
    along the central California coast. This project was not chosen for 
    immediate implementation for several reasons. A large increase in the 
    California rhinoceros auklet population occurs during the winter months 
    and far exceeds the summer estimated breeding population (Briggs et al. 
    1987). It is believed that this large increase is due to migrants 
    moving into the area from more northern colonies (Briggs et al. 1987). 
    In addition, the rhinoceros auklet population within the area of the 
    spill (i.e. the local population) had been increasing since the early 
    1980's and continued to increase after the APEX HOUSTON spill (Ainley 
    and Boekelheide 1990, Carter et al. 1992). This suggests that many of 
    the 1,293 rhinoceros auklets estimated to have been killed by the APEX 
    HOUSTON spill (Siskin et al. 1993) were probably wintering birds from 
    outside the local breeding population. As a result, restoration of 
    rhinoceros auklets received a lower priority.
        The common murre recolonization project (describe herein) was given 
    higher priority than rhinoceros auklet restoration because its 
    potential benefits were linked more closely to the injuries caused by 
    the spill. The extirpation of the Devil's Slide Rock colony and a 
    severe reduction at the Castle and Hurricane rocks colonies were 
    attributed to the common murre mortalities that resulted from the APEX 
    HOUSTON oil spill (Swartzman and Carter 1991). As a result, damage to 
    the local breeding population was demonstrated (Swartzman and Carter 
    1991).
        An additional site (Bodega Rock in Sonoma County) for common murre 
    recolonization was suggested during the public comment period. Bodega 
    Rock is an active seabird colony and in 1989 it contained 558 Brandt's 
    cormorant (Phalacrocorax penicillatus) nests and 12 western gull (Larus 
    occidentalis) nests (Carter et al. 1992). This location was not 
    selected for implementation of murre recolonization techniques because 
    there are no known records of common murres breeding on this rock.
        A third restoration project involving construction of a seabird 
    breeding and rehabilitation facility was rejected because its cost was 
    prohibitive relative to funds available, and because the California 
    Department of Fish and Game's Office of Oil Spill Prevention and 
    Response is already implementing a statewide oiled wildlife care 
    network.
        Four habitat acquisition projects were considered: purchase of Cape 
    Vizcaino in northern Mendocino County to protect nesting seabirds, 
    purchase of coastal land near Castle Rock to protect a mainland colony 
    of common murres, purchase of lands within San Francisco Bay, and 
    purchase of marbled murrelet nesting habitat along the central 
    California coast. The first three projects were given lower priorities 
    because they were outside of the area impacted by the spill (Cape 
    Vizcaino), were too costly (mainland site near Castle Rock), or were 
    beneficial primarily to species that were not affected by the spill 
    (sites in San Francisco Bay). The purchase of marbled murrelet nesting 
    habitat along the central California coast was selected for immediate 
    implementation with settlement funds allocated specifically for that 
    project.
    (B) Alternatives Selected
        1. Acquisition of Marbled Murrelet Nesting Habitat. The acquisition 
    of marbled murrelet nesting habitat along the central California coast 
    was selected because acquisition would occur within the area impacted 
    by the spill and damage to the local population could be demonstrated. 
    In addition, this project has great importance to the public because it 
    will provide long-term protection of a species listed under the Federal 
    and State Endangered Species Acts. The Trustee Council believes that 
    the $500,000 allocated to this project will be sufficient to obtain 
    suitable habitat to compensate for the murrelets injured in the spill, 
    provided that it is leveraged with other resources. The Trustees regard 
    augmentation of the budget for the marbled murrelet project as the 
    highest priority for any funds that may become available from the murre 
    recolonization project.
        2. Recolonization of Impacted Common Murre Colonies. The second 
    project the Trustees have selected for immediate implementation is the 
    recolonization of common murre colonies at Devil's Slide and San Pedro 
    rocks in San Mateo County and Castle and Hurricane Point rocks in 
    Monterey County.
        a. Devil's Slide and San Pedro Rocks Common Murre Recolonization:
        Recolonize common murres at Devil's Slide and San Pedro rocks (San 
    Mateo County, California) using social attraction methods (decoys and 
    recorded vocalizations) and develop reference information needed to 
    evaluate and refine restoration efforts.
        Location(s): Devil's Slide and San Pedro rocks, San Mateo County, 
    California; Point Reyes area (Point Reyes, Point Resistance, Double 
    Point, and Miller Point rocks), Marin County, California; Farallon 
    Islands, San Francisco County, California.
        Justification: Common murres are an extremely important and visible 
    part of the California seabird community (Carter et al. 1992). Common 
    murres are the most abundant nesting species and have the greatest 
    biomass of all breeding seabirds in the state (Sowls et al. 1980, 
    Ainley and Boekelheide 1990). In addition, common murres comprise 40 
    percent of the breeding seabirds found in central California (Carter et 
    al. 1992). This population sustained severe losses from commercial and 
    subsistence egging in the 1800's and early 1900's, from chronic oil 
    pollution and spills in the early to mid 1900's, and from chronic oil 
    pollution and gillnetting in the 1980's and 1990's (Ainley and Lewis 
    1974, Takekawa et al. 1990, Carter et al. 1992).
        Common murres were last recorded breeding at San Pedro Rock in 
    1908, when the colony was in the process of being extirpated by egg 
    collectors (Ray 1909). During the 1980's common [[Page 20742]] murres 
    in central California declined dramatically due to mortality from gill 
    nets, oil spills (including the 1984 PUERTO RICAN and 1986 APEX 
    HOUSTON), as well as the severe 1982-83 El Nino event (Ainley and 
    Boekelheide 1990, Takekawa et al. 1990, Carter et al. 1992). The APEX 
    HOUSTON spill in 1986 contributed significantly to the loss of the 
    Devil's Slide Rock colony near San Francisco (Swartzman and Carter 
    1991). The San Pedro and Devil's Slide rocks colonies are in close 
    proximity and constitute the only common murre colonies between San 
    Francisco and Monterey. This is a large portion of the range of the 
    central California common murre population. The recolonization of 
    abandoned common murre colonies in central California will contribute 
    to the restoration of this seabirds' historic geographic range.
        Given the current depleted condition of the central California 
    common murre population (Ainley and Boekelheide 1990, Takekawa et al. 
    1990, Swartzman and Carter 1991, Carter et al. 1992, Ainley et al. 
    1994), extirpated colonies are not likely to be reestablished in the 
    foreseeable future without human assistance. The San Pedro Rock colony 
    has not recolonized over the past 85 years and the Devil's Slide Rock 
    colony has not been recolonized in the 8 years following the APEX 
    HOUSTON spill (Carter et al. 1992, Carter and Takekawa, unpubl. data). 
    Similarly, the Prince Island colony in southern California has not been 
    recolonized since extirpation in the early 1900's (Carter et al. 1992). 
    Furthermore, all six nearshore colonies in central California have 
    remained severely depleted since the mid-1980's (Carter et al. 1992). 
    The reductions of the geographic range and small numbers of breeding 
    common murres along the central California coastline increase the risk 
    that future catastrophic events will result in extinction of the 
    central California population.
        Studies of seabird colony formation in Maine demonstrated that 
    recolonization can be achieved using social attractants (Kress 1978, 
    Kress and Nettleship 1988, Kress et al. 1992). The use of decoys and 
    tape recordings has attracted prospecting seabirds, which have then 
    bred, once a threshold group size has been reached. These techniques 
    have assisted in the recolonization of several colonial nesting seabird 
    species (Podolsky 1985; Podolsky and Kress 1989, 1992). These 
    techniques have been utilized in an effort to recolonize common murres 
    in Maine. The common murre recolonization project began when 15 life-
    size common murre decoys were deployed on Matinicus Rock in summer 1992 
    (National Audubon Society, unpubl. data). The closest common murre 
    nesting colony to Matinicus Rock is located approximately 75 miles east 
    on Murre Ledge, a small Canadian island. Common murres began landing 
    among the decoys within 2 days of starting the vocalization tapes 
    (National Audubon Society, unpubl. data). As many as four common murres 
    were sighted at one time among the decoys and at least two birds were 
    present throughout May and June 1992 courting and copulating among the 
    decoys (National Audubon Society unpubl. data). This effort has 
    included the use of various combinations of social attractant 
    techniques to determine the most effective combination, e.g., decoys 
    with and without sound, sound only, decoys with sound and with and 
    without egg decoys, and sound variations (Schubel 1993). Results 
    indicate that a combination of visual and sound stimuli are essential 
    to attract common murres. The highest common murre numbers and activity 
    were observed where egg and murre decoys were accompanied by sound, and 
    decoys were most densely arranged. The recolonization project has 
    continued during 1993 and 1994 with promising results. Common murres 
    continue to exhibit pre-breeding behavior (such as courtship displays, 
    copulation, and passing of fish between potential mates), and the 
    number of common murres attracted to the decoys has increased to 
    approximately 25 birds (National Audubon Society, unpubl. data). 
    However, social attraction techniques must be applied for many years 
    before breeding begins and a self-sustaining breeding colony can be 
    attained (Kress and Carter 1991).
        In order to refine recolonization methods and evaluate their 
    success, reference information will be needed on the reproductive 
    biology, behavior, and phenology of common murres at an unmanipulated 
    nearshore site in the local area. However, little information is 
    available from nearshore colonies in central California. Monitoring 
    attendance patterns, arrival dates, reproductive success, and behavior 
    of breeding and nonbreeding common murres at accessible colonies in the 
    Point Reyes area will provide a comparison to evaluate recolonization 
    of Devil's Slide and San Pedro rocks. The Point Reyes colonies (i.e., 
    Point Reyes, Point Resistance, Double Point, and Miller Point rocks) 
    are the closest to the recolonization sites and should provide a 
    reference for what would normally be expected in a nearshore common 
    murre colony as well as a good comparison with the recolonization site. 
    The monitoring conducted at these unmanipulated colonies will be used 
    to assess recolonization responses and common murre activity patterns 
    at recolonization sites, as well as aid in supporting refinement of 
    recolonization methods.
        In addition, unique information will be needed from the common 
    murre colony at the South Farallon Islands at Farallon National 
    Wildlife Refuge in order to evaluate recolonization responses and 
    refine techniques. Common murre reproductive success, diet, and 
    breeding biology have been studied for over 20 years at the South 
    Farallon Islands as part of long-term monitoring of seabird populations 
    required for the Farallon National Wildlife Refuge and other research 
    conducted by the Point Reyes Bird Observatory (Ainley and Boekelheide 
    1990, Ainley et al. 1994). As a result of these studies, a small number 
    of individually marked birds of known age and sex exist at the Farallon 
    Islands. Limited information is available concerning the attendance of 
    breeding and nonbreeding common murres at breeding sites, especially 
    during winter. Information obtained on individually-marked birds, where 
    age and sex are known, would give a better understanding of expected 
    time-in-attendance and behavior at breeding sites for adult and 
    subadult common murres during the breeding and nonbreeding seasons. 
    Detailed information on common murre attendance and prospecting in the 
    winter will make it possible to evaluate the significance of winter 
    attendance at the recolonization sites. If winter attendance is crucial 
    to successful breeding, social attraction methods may have to be 
    deployed for a longer period. In addition, all accessible subcolonies 
    of common murres at the South Farallon Islands would be examined for 
    more general attendance patterns throughout the year.
        Attendance, breeding biology, and behavior will be monitored during 
    the breeding season in marked and unmarked birds in plots at the South 
    Farallon Islands so that recolonization responses at recolonization 
    sites can be more effectively evaluated. Certain colonies with 
    potential for future intensive monitoring efforts may be examined in 
    greater detail, including reproductive success. This information will 
    be important in evaluating and modifying the social attraction methods 
    used at the restoration sites. Information that is only available at 
    this larger, more accessible, and closely monitored common murre 
    colony, including [[Page 20743]] information on known-aged common 
    murres, will be used to refine and assess recolonization efforts. All 
    research conducted on the Farallon National Wildlife Refuge must be 
    approved by the U.S. Fish and Wildlife Service, San Francisco Bay 
    National Wildlife Refuge Complex. All research conducted is evaluated 
    by Refuge staff to ensure that the activities associated with the 
    research are compatible with the purposes for which the refuge was 
    established.
        Proposed Actions: Social attraction techniques will be used to 
    recolonize common murres at Devil's Slide and San Pedro rocks. The use 
    of social attraction techniques, similar to those used elsewhere to 
    encourage recolonization by several seabird species, will be employed 
    (Kress 1983, Podolsky 1985, Podolsky and Kress 1989). It is possible 
    that small numbers of common murres are still alive that originally 
    bred at Devil's Slide Rock. Therefore, it is important to begin the 
    recolonization project as soon as possible in order to attract any 
    remaining common murres that have a history of attachment to this 
    colony. Preliminary work will consist of selecting observation points 
    to view recolonization sites, constructing and installing observation 
    blinds, obtaining access permits, and purchasing needed equipment. 
    Aerial surveys of central California breeding seabird colonies and 
    periodic observations of breeding colonies from mainland vantage points 
    will be conducted in spring and summer 1995. Additional aerial 
    reconnaissance of Devil's Slide and San Pedro rocks will be conducted 
    to obtain photographs for mapping the restoration sites. Reconnaissance 
    trips to Devil's Slide and San Pedro rocks will take place to determine 
    equipment and procedures needed to deploy social attraction equipment. 
    Ladders may be installed to allow safe access onto the colonies for 
    project personnel.
        Decoys and audio equipment will be placed on the rocks in fall 1995 
    before common murres begin to frequent nesting islands. Recordings of 
    common murre breeding vocalizations will be made at the Farallon NWR. 
    Between 100 and 200 life-size common murre decoys will be positioned on 
    suitable nesting habitat on Devil's Slide and San Pedro rocks. The 
    decoys will be secured to the rock in a fashion that simulates occupied 
    common murre colonies. Densities and locations of decoys will be based 
    on past aerial photos of the active Devil's Slide Rock colony (taken in 
    1982) and observations of common murres at existing reference sites 
    from mainland vantage points and aerial photos. Several omnidirectional 
    weather resistant loudspeakers will be positioned at the recolonization 
    sites. Compact disks of California common murre vocalizations will be 
    played prior to and throughout the breeding season from December to 
    August. Daily observations of the recolonization sites will begin once 
    decoys have been deployed and will continue through July. Devil's Slide 
    Rock will be observed from the mainland using a portable blind and 
    telescope. San Pedro Rock observations will occur from a blind located 
    on the rock, from a boat, and/or from the mainland.
        Data collected will include common murre arrival date, number of 
    common murres present, behavior of common murres, interaction with 
    other species (e.g., Brandt's Cormorants), location on rock, attendance 
    patterns, diet or feeding behavior, and presence of predators. 
    Prospecting common murres will be plotted by location on maps of the 
    recolonization site. One or more aerial photographic censuses of the 
    central California common murre colonies will be conducted annually 
    between May and June. The censuses will be used to calculate annual 
    breeding population sizes at the recolonization sites and nearby 
    reference colonies in central California, compare trends between years, 
    and assist in determining numbers of common murres not visible from the 
    mainland or boats. Social attractants will be displayed through the 
    breeding season until after common murres normally leave the breeding 
    sites, usually in July. The decoys and audio equipment will be 
    collected after all bird breeding on the rock has been completed. 
    Equipment will be checked, cleaned, and replaced as necessary. The 
    equipment will be redeployed during the following fall before common 
    murres begin to frequent nesting islands. Monitoring of recolonization 
    sites will continue annually after the first social attractants are 
    deployed. The Trustee Council will reevaluate the recolonization 
    efforts annually and revise as necessary. In addition, the use of 
    techniques such as time-lapse photography and radiotelemetry to assist 
    in monitoring birds will be investigated and used if technically and 
    economically feasible. However, the placement and retrieval of such 
    equipment in a way that does not cause undue disturbance to common 
    murres or other seabirds and is secure from human vandalism or theft 
    may be a problem.
        The breeding behavior and colony attendance of common murres will 
    be monitored at four nearby colonies in the Point Reyes National 
    Seashore and/or the Gulf of the Farallones National Marine Sanctuary: 
    Point Reyes, Point Resistance, Double Point Rocks, and Miller Point 
    Rocks. These sites will serve as reference sites for the recolonization 
    sites. Several variables will be monitored to allow comparison to 
    recolonization sites, including population size and status, attendance 
    patterns, timing, breeding phenology and success, behavior, interaction 
    with other species, diet or feeding behavior, impacts of predators, 
    human perturbations, and other disturbances. The population size and 
    status would be determined using methods similar to those employed by 
    Birkhead and Nettleship (1980), Gaston et al. (1983), Mudge (1988), and 
    Hatch and Hatch (1989). Only subcolonies that can be viewed from a safe 
    location will be selected. Reconnaissance work and preliminary 
    observations and logistics would begin in spring/summer 1995. This work 
    would consist of obtaining access permits to conduct work, selecting 
    subcolonies to be studied, selecting plots within subcolonies, and 
    conducting aerial surveys of the colonies. The monitoring period would 
    parallel that followed at Devil's Slide and San Pedro rocks.
        Winter and summer attendance, selected aspects of breeding biology 
    of banded and unbanded common murres, and many of the same parameters 
    measured at recolonization and nearshore reference sites will also be 
    monitored at breeding sites at the South Farallon Islands. Established 
    and new study plots, individually-banded birds, blinds, and other 
    facilities will allow for the study of summer and winter attendance in 
    more detail than at nearshore locations. Monitoring would include 
    determining arrival dates, winter attendance patterns (breeding versus 
    nonbreeding common murres), winter behavior of nonbreeding and breeding 
    common murres, site fidelity of breeding common murres, reproductive 
    success, population size, and impacts of predation. Monitoring at the 
    South Farallon Islands will continue for 2 years and may be continued 
    if needed to support refinement of recolonization methods or to 
    facilitate interpretation of data at other colonies.
        This restoration project will provide unique opportunities to 
    enhance public knowledge concerning seabirds, seabird conservation, and 
    the marine environment. Every attempt will be made to educate the 
    public through presentations, news coverage, and other appropriate 
    venues. Emphasis will be placed on greater awareness of seabird 
    resources in the area, the problems [[Page 20744]] caused by oil 
    pollution and oil spills, gill nets, and other anthropogenic factors as 
    well as the restoration efforts conducted by the cooperating agencies, 
    environmental organizations, and biologists. In addition, the location 
    of the recolonization sites near San Francisco along scenic Highway 1 
    provides excellent viewing opportunities for the public and attracts 
    large numbers of visitors each year. Therefore, opportunities for 
    public outreach will be explored at this site.
    
    Schedule
    
        Spring-summer 1995: Begin preliminary work, including contracting, 
    planning, logistics, and permits. Conduct aerial surveys of seabird 
    colonies in central California in May or June to obtain baseline data, 
    conduct aerial flights of Devil's Slide and San Pedro rocks to obtain 
    aerial photos for mapping purpose, and record breeding common murre 
    vocalizations at the Farallon NWR for use in the recolonization 
    project. Select colonies and study plots to be monitored in the Point 
    Reyes area. Conduct safety training for personnel as required.
        Fall and winter 1995-1996: In fall 1995, conduct reconnaissance 
    trips to recolonization sites in preparation for deployment of social 
    attractants. Before December 1995, deploy social attractants and 
    initiate daily observations of recolonization sites. Initiate daily 
    observations of study plots in December 1995. Complete field season in 
    August when common murres generally leave breeding colonies. 
    Observations of study plots will continue from December through August 
    for a minimum of 5 years to 10 years in order to provide necessary 
    information to adequately evaluate the recolonization project. Work at 
    the South Farallon Islands will begin the winter of 1995-1996 and will 
    continue for a minimum of 2 years. Regular progress reports and an 
    annual report will be submitted to the Trustee Council by the persons 
    conducting work with funding from the APEX HOUSTON Trustee Council.
        Spring 1996-winter 2004: Continue recolonization and monitoring 
    efforts as necessary to accomplish project goals.
        b. Castle and Hurricane Point Rocks Restoration: Restore common 
    murres at Castle and Hurricane Point rocks using social attraction 
    methods (decoys and recorded vocalizations).
        Location: Castle and Hurricane Point rocks, Monterey County, 
    California.
        Justification: As described above, the recolonization of historic 
    common murre colonies in central California will contribute to the 
    reversal of the dramatic reduction of this seabird's historic 
    geographic range. The 1986 APEX HOUSTON spill negatively impacted the 
    breeding colonies that make up the southern half of the central 
    California breeding range (Swartzman and Carter 1991). The Castle and 
    Hurricane Point rocks colonies were severely impacted by the APEX 
    HOUSTON spill based on locations of APEX HOUSTON oil slicks, depleted 
    size of the Monterey colonies and subcolonies after the spill, and 
    locations of recovery of oiled common murres during the spill 
    (Swartzman and Carter 1991, Siskin et. al 1993). Adult common murres 
    are known to attend breeding colonies during winter months at the 
    Southeast Farallon Island in central California (Ainley and Boekelheide 
    1990, Sydeman 1993). Also, common murres have been observed attending 
    the Castle and Hurricane Point rocks colonies during the winter 
    (Carter, unpubl. data). Castle and Hurricane Point rocks were in the 
    direct path of oil slicks occurring from the APEX HOUSTON spill 
    (Swartzman and Carter 1991). In addition, approximately 1,600 common 
    murres were recovered in Monterey Bay near these 2 colonies. As a 
    result, the APEX HOUSTON spill was responsible for a severe reduction 
    in numbers observed at these two colonies following the spill.
        Currently, common murres occur on five rocks and the mainland at 
    Castle Rocks and two rocks at Hurricane Point Rocks. Aerial surveys 
    conducted during the 1994 breeding season indicate that common murre 
    numbers at subcolonies have remained low since the APEX HOUSTON oil 
    spill (Carter and Takekawa, unpubl. data). Each subcolony is comprised 
    of less than a hundred to several hundred common murres, and the 
    breeding status of these subcolonies is unknown (Carter and Takekawa, 
    unpubl. data). Given the low numbers of common murres that occur at 
    these subcolonies, it is possible that breeding success is limited. Due 
    to the small size of the subcolonies and other factors (e.g., gill net 
    fishing in Monterey Bay, El Nino events, future oil spills, and other 
    human disturbances) the colonies at Castle and Hurricane Point rocks 
    continue to be in danger of extirpation. These colonies are 
    particularly important because they are at the current southern end of 
    the range of the central California population as well as the southern 
    extreme of the species' range in the Pacific Ocean. These colonies are 
    in close proximity to each other and constitute the only active common 
    murre colonies south of San Francisco, representing a large portion of 
    the range of the central California common murre population. Given the 
    current fragile condition of the overall central California common 
    murre population and the lack of recovery over time (Ainley and 
    Boekelheide 1990, Takekawa et. al. 1990, Swartzman and Carter 1991, 
    Carter et. al. 1992, Ainley et. al. 1994), colonies once lost are not 
    likely to be reestablished in the foreseeable future without human 
    assistance. Based on established principles of conservation biology, if 
    the colonies at Castle and Hurricane Point rocks are lost, the 
    resulting reductions in the geographical range, numbers, breeding 
    locations, and productivity of common murres further increase the risk 
    of extinction of the entire central California population.
        Proposed Action: The common murre colonies at the Castle and 
    Hurricane Point rock complexes will be evaluated to determine the best 
    means of employing social attractants at these locations. A minimum of 
    2 years would be required to determine appropriate methods. Both of 
    these colonies are composed of several subcolonies on different rocks. 
    Subcolonies will be examined to obtain a comprehensive understanding of 
    colony dynamics in a severely depleted condition. Breeding population 
    levels, reproductive success, attendance patterns, behavioral 
    observations, and nesting locations will be determined at as many 
    subcolonies as possible. Particular attention will be paid to 
    prospecting birds within established subcolonies and at unoccupied 
    rocks. In addition, all unoccupied rocks and potential mainland 
    breeding habitats will be assessed for the use of social attractants to 
    encourage common murre breeding. Habitat will be assessed for 
    suitability to support a common murre subcolony, including such factors 
    as slope, size, protection from human and other disturbance, surf 
    conditions, and predation threats. The unoccupied rocks will be 
    regularly monitored to detect prospecting common murres.
        A phased approach to employing social attractants will be used to 
    refine the use of social attractants on the colony. Criteria to be used 
    to determine the use of social attractants include: loss of subcolonies 
    or colonies, below normal reproductive success, lack of colony growth, 
    limited availability of breeding sites in existing subcolonies, high 
    numbers of prospecting common murres in existing subcolonies, presence 
    of prospecting common murres in areas with no breeding, and population 
    status at each colony. The use of social attractants would be employed 
    at sites where it was deemed necessary to [[Page 20745]] encourage 
    common murres to recolonize lost subcolonies or prospect and nest on 
    unoccupied rocks. The goal would be to prevent colony loss without 
    negatively impacting existing subcolonies. If, for any reason, social 
    attractants are not deemed advisable after 2 years, the colonies at 
    these sites will be evaluated for 3 more years. This monitoring will 
    occur to ensure adequate reproductive success, colony survival, and 
    recovery and, if necessary, to develop alternative restoration 
    techniques.
        This restoration project will provide unique opportunities to 
    enhance public knowledge concerning seabirds, seabird conservation, and 
    the marine environment. Every attempt will be made to educate the 
    public through presentations, news coverage, and other appropriate 
    venues. Emphasis will be placed on greater awareness of seabird 
    resources in the area, the problems caused by oil pollution and oil 
    spills, gill nets, and other anthropogenic factors as well as the 
    restoration efforts conducted by the cooperating agencies, 
    environmental organizations, and biologists. In addition, the location 
    of the recolonization sites near Monterey along scenic Highway 1 
    provides excellent viewing opportunities for the public and attracts 
    large numbers of visitors each year. As a result, informal public 
    outreach will be conducted at the recolonization sites.
    
    Schedule
    
        Spring and Summer 1995: Preliminary work will begin, including 
    selection of observation points, obtaining access permits, planning, 
    and purchasing. Aerial surveys of breeding common murre colonies will 
    be conducted in May or June to obtain baseline data. These surveys will 
    be conducted in conjunction with aerial common murre surveys for 
    central California. Observations of breeding colonies will continue 
    each year from December 1995 until August 1997, at a minimum. In August 
    1997, the use of social attractants will be assessed to restore these 
    common murre colonies. In fall 1997, social attractants will be 
    deployed where suitable. These efforts will continue until at least 
    2004, unless success is achieved, or failure declared, prior to that 
    date.
    
    V. Common Murre Project Goals
    
        The APEX HOUSTON oil spill killed an estimated 6,000 common murres, 
    was a major factor in the eradication of the Devil's Slide Rock colony, 
    and damaged colonies at Castle and Hurricane Point rocks. If the latter 
    2 colonies are lost, over 75 percent of the recent range of the central 
    California common murre population will have been lost. The Trustees 
    have selected restoration alternatives designed to restore common 
    murres to colonies in the areas most severely affected by the spill. 
    Both short-term and long-term goals have been established for this 
    restoration project.
        The short-term goal of this project is to restore common murres at 
    historic breeding colonies in areas where colonies were extirpated or 
    severely depleted by the APEX HOUSTON oil spill. The timeframe needed 
    for common murres to become established at extirpated colonies is 
    unknown but is suspected to be several years. Therefore, the Trustees 
    will consider the short-term goal achieved if significant progress is 
    made toward the establishment of 100 breeding pairs of common murres at 
    the Devil's Slide Rock and San Pedro Rock colonies. The Trustees 
    believe this goal can be achieved within 10 years if oceanic conditions 
    are favorable for murre breeding during most of the years of the 
    project.
        The long-term goal is to restore the colonies to pre-spill 
    population levels. Ultimately, this restoration project should aid in 
    restoring the portion of the central California common murre population 
    most affected by the APEX HOUSTON spill to its historic range, colony 
    sizes, and reproductive potential. However, the timeframe needed for 
    common murres to reach pre-spill population levels is unknown and is 
    suspected to take several generations (i.e., more than 10 years). Thus, 
    the accomplishment of the long-term goal of restoring the central 
    California common murre population to its historic range and colony 
    sizes is likely to occur only after the conclusion of the 
    recolonization project. The Trustees believe that this is appropriate 
    because the social facilitation that results from the presence and 
    activity of the birds that were attracted to breed at the 
    recolonization sites will take the place of the artificial stimuli 
    provided by the decoys and recorded vocalizations, enabling long-term 
    goals to be achieved without continued human intervention.
        The Trustees plan to review the common murre restoration project at 
    least annually at which time the effectiveness of the project and 
    possible improvements will be considered. In addition, public comments 
    will be taken and considered by the Trustee Council throughout the 
    project. The annual review process may result in revisions to the plan.
    
    VI. Common Murre Project Implementation
    
        The U.S. Fish and Wildlife Service (Service) has been designated as 
    Lead Trustee for the common murre recolonization project and will 
    utilize staff and facilities of the San Francisco Bay National Wildlife 
    Refuge Complex and the Sacramento Ecological Services Field Office to 
    implement the project. The National Biological Service's Dixon Field 
    Office will be asked to provide the Service with technical expertise 
    and field support to assist in the implementation of this project 
    through an inter-agency agreement. The Service will obtain additional 
    assistance from one or more experts in seabird recolonization/
    restoration via contracts or cooperative agreements. Reference site 
    work conducted at the South Farallon Islands may be accomplished 
    through an existing cooperative agreement between the San Francisco Bay 
    NWR Complex and the Point Reyes Bird Observatory. Other contracts or 
    agreements may be developed as necessary to achieve project goals over 
    the anticipated 10-year duration of this project.
    
    VII. Environmental Compliance
    
        The Service has determined that the project is categorically 
    excluded from the National Environmental Policy Act (NEPA), 42 U.S.C. 
    4321 et seq, according to the Department of Interior's Departmental 
    Manual, 516 DM 6, Appendix I, 516 DM 2, Appendix I. Resource management 
    activities such as the type described for this project, which include 
    research, reintroduction of established species into their historic 
    range, and small structures or improvements, are categorically excluded 
    from NEPA. The U.S. Fish and Wildlife Service has prepared an 
    Environmental Action Memorandum setting forth the basis for the 
    categorical exclusion of this project.
        The California Department of Fish and Game has also determined that 
    the project is categorically exempt from the California Environmental 
    Quality Act (CEQA), Cal. Pub. Resources Code 21000 et seq., and has 
    filed a Notice of Exemption with the State Clearinghouse.
        The California Coastal Commission staff has concurred with the 
    Trustees negative determination made pursuant to 15 CFR 930.35(d) of 
    the National Oceanic and Atmospheric Administration implementing 
    regulations relative to the Coastal Zone Management Act. 
    [[Page 20746]] 
    
    VIII. Common Murre Restoration Project Budget
    
        As part of the settlement, $4,916,430 has been allocated for common 
    murre restoration. This amount, plus any interest earned, is available 
    to fund the recolonization project for 10 years. A budget has been 
    developed that lists the range of annual and cumulative costs 
    anticipated for each major budgetary category (Table 1). Availability 
    of sufficient money to fund the project through years 9 and 10 may 
    depend on interest earnings, because the upper end of the range of 
    anticipated project costs exceeds the amount of the settlement. A more 
    detailed budget will be available following the completion of 
    contracting procedures.
        Major budget categories include equipment (boats, motors, decoys, 
    photo and audio equipment, decoys, vehicles, etc.); operating costs 
    (gas, aerial survey flights, travel, administrative support, etc.); 
    salaries (salaries for agency personnel conducting recolonization 
    project); contracts/agreements (seabird recolonization consultant, 
    cooperative agreement for Farallon Islands work); public education/
    outreach (public meetings, press releases, press conferences, 
    presentations, publications in popular and technical literature, etc.).
    
                                                            Table 1.--Estimated Murre Project Budget                                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                Year 1      Year 2       Year 3       Year 4       Year 5       Year 6       Year 7       Year 8       Year 9      Year 10  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    Equipment...............     155,000                                                                                                                    
                                 210,000     50,000-                                                                                                        
                                              70,000      75,000-                                                                                           
                                                          105,000      50,000-                                                                              
                                                                        70,000      55,000-                                                                 
                                                                                     75,000      50,000-                                                    
                                                                                                  70,000      50,000-                                       
                                                                                                               70,000      55,000-                          
                                                                                                                            70,000      50,000-             
                                                                                                                                         70,000      50,000-
                                                                                                                                                      70,000
    Operating Costs.........     130,000                                                                                                                    
                                 175,000    125,000-                                                                                                        
                                             170,000     120,000-                                                                                           
                                                          160,000     120,000-                                                                              
                                                                       160,000     120,000-                                                                 
                                                                                    160,000     120,000-                                                    
                                                                                                 160,000     120,000-                                       
                                                                                                              160,000     120,000-                          
                                                                                                                           160,000     120,000-             
                                                                                                                                        160,000     120,000-
                                                                                                                                                     160,000
    Salaries................      70,000                                                                                                                    
                                  95,000    195,000-                                                                                                        
                                             260,000     205,000-                                                                                           
                                                          275,000     215,000-                                                                              
                                                                       290,000     225,000-                                                                 
                                                                                    305,000     225,000-                                                    
                                                                                                 305,000     235,000-                                       
                                                                                                              320,000     250,000-                          
                                                                                                                           335,000     260,000-             
                                                                                                                                        350,000     275,000-
                                                                                                                                                     370,000
    Contracts/Agreements....      20,000                                                                                                                    
                                  25,000  80,000-110                                                                                                        
                                                ,000      80,000-                                                                                           
                                                          110,000      30,000-                                                                              
                                                                        45,000      35,000-                                                                 
                                                                                     45,000      25,000-                                                    
                                                                                                  30,000      25,000-                                       
                                                                                                               35,000      25,000-                          
                                                                                                                            35,000      30,000-             
                                                                                                                                         35,000      30,000-
                                                                                                                                                      40,000
    Public Education/                                                                                                                                       
     Outreach...............      5,000-                                                                                                                    
                                  10,000      5,000-                                                                                                        
                                              10,000       5,000-                                                                                           
                                                           10,000       5,000-                                                                              
                                                                        10,000       5,000-                                                                 
                                                                                     10,000       5,000-                                                    
                                                                                                  10,000       5,000-                                       
                                                                                                               10,000       5,000-                          
                                                                                                                            10,000       5,000-             
                                                                                                                                         10,000       5,000-
                                                                                                                                                      10,000
    Annual Total............     380,000                                                                                                                    
                                 515,000    455,000-                                                                                                        
                                             620,000     485,000-                                                                                           
                                                          660,000     420,000-                                                                              
                                                                       575,000     440,000-                                                                 
                                                                                    595,000     425,000-                                                    
                                                                                                 575,000     435,000-                                       
                                                                                                              595,000     455,000-                          
                                                                                                                           610,000     465,000-             
                                                                                                                                        625,000     480,000-
                                                                                                                                                     650,000
    Cumulative Project Total     380,000                                                                                                                    
                                 515,000    835,000-                                                                                                        
                                           1,135,000    1,320,000                                                                                           
                                                        1,795,000    1,740,000                                                                              
                                                                     2,370,000    2,180,000                                                                 
                                                                                  2,965,000    2,605,000                                                    
                                                                                               3,540,000    3,040,000                                       
                                                                                                            4,135,000    3,495,000                          
                                                                                                                         4,745,000    3,960,000             
                                                                                                                                      5,370,000    4,440,000
                                                                                                                                                   6,020,000
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    IX. Responses to Comments
    
        The Service received numerous oral and written comments at a public 
    meeting held on November 17, 1994, in Sausalito, California, and during 
    the public comment period that began with the November 4, 1994, Federal 
    Register notice (Federal Register/Vol. 59, No. 213/55282). The Service 
    appreciates the time and effort expended by the respondents.
    A. General Comments Concerning This Plan
        1. Length of the Public Comment Period. Comment: Several 
    respondents stated that the initial 30-day public comment period was 
    not sufficient to allow detailed review of the draft Plan.
        Response: The Service extended the public comment period to 45 
    days.
        2. Value of the Project. Comment: Many respondents expressed their 
    belief that this project was an appropriate use of the settlement money 
    and would help restore the bird species that was most impacted by the 
    spill.
        Response: The Service appreciates the support the public has shown 
    for this project.
        Comment: Several respondents said that the project was a waste of 
    money and should not be implemented.
        Response: In their legal complaints against the parties allegedly 
    responsible for this oil spill, the State and Federal plaintiffs sought 
    recovery for injuries to the natural resources under the trusteeship of 
    the United States and the State of California. During the pendency of 
    this action, the United States and the State, through their designated 
    Natural Resource Trustees, proposed certain projects to restore natural 
    resources injured as a direct result of the spill. These projects 
    included the common murre recolonization project that is the subject of 
    this Final Plan, as well as the marbled murrelet habitat acquisition 
    project. The plaintiffs and defendants agreed, and the court by 
    entering a Consent Decree found, that the proposed projects were 
    reasonable and appropriate measures to restore the affected natural 
    resources.
        The Consent Decree states that the Trustees may make other use of 
    the proceeds of the settlement if they ``determine that either of the 
    proposed restoration projects are not feasible, practicable, or in the 
    public interest.'' However, the Trustees have not obtained any 
    convincing information through the public comment process, or through 
    their own continued review of the project, to indicate that either of 
    the proposed projects is not feasible, not practicable, or not in the 
    public interest. On the contrary, nearly all of the public comments 
    supported the project in concept and focused on technical details that 
    could be improved or clarified. Therefore, the Trustee Council has 
    authorized the Service to proceed with this project as described in 
    this Final Plan.
        3. Compliance With Environmental Regulations. Comment: Several 
    respondents asked for clarification on how the Service will comply with 
    the National Environmental Policy Act (NEPA) and other legislation 
    designed to prevent adverse impacts of Federal projects on the 
    environment.
        Response: Preparation of an Environmental Impact Report or 
    Environmental Assessment under NEPA is not required for this project 
    because the restoration of species to their native range is an activity 
    that is categorically exempt from NEPA and from its State equivalent, 
    the California Environmental Quality Act. The Service has prepared and 
    filed appropriate documentation of these exemptions. In addition, the 
    Service has asked for and received a negative consistency determination 
    from the California Coastal Commission, as required by the Coastal Zone 
    Management Act.
        The installation of decoys, tape recorders, cameras, and ladders at 
    breeding colonies will take place during the non-breeding season to 
    avoid disturbance of murres, cormorants, gulls, and other species 
    protected by the Migratory Bird Treaty Act. Control of gulls and other 
    predators is not currently a component of this project. The Service 
    will obtain all necessary Federal, State, and local permits, and 
    [[Page 20747]] access permission from private landowners, before 
    initiating field work.
    B. Comments Regarding Alternative Projects
        Comment: Several respondents suggested that the murre 
    recolonization project should be implemented as a pilot study at a 
    reduced level of funding, and that the savings should be used to fund 
    other projects, including: Rhinoceros auklet restoration, additional 
    habitat acquisition for marbled murrelets, acquisition of property 
    containing a common murre colony at Cape Vizcaino in Mendocino County, 
    a fisheries task force to reduce mortality of seabirds in gill nets of 
    the central California fishing industry, efforts to reduce impacts of 
    chronic oil pollution on seabirds, gull control and other projects on 
    the Farallon Islands, and genetic studies of Pacific coast murres.
        Response: The draft Plan was revised and more detail has been 
    provided in the Restoration Alternatives Considered and Selected 
    section of the Final plan. The Service intends to approach this project 
    in phases. The initial phase focuses on direct restoration activities 
    at Devil's Slide and San Pedro rocks, and monitoring at other sites. 
    The project will be scaled up to include implementation of 
    recolonization techniques at Hurricane Rock and Castle Rock after 
    several years of monitoring, if appropriate. This phased approach was 
    implicit in the Draft Plan and has been further clarified in the Final 
    Plan. A reduced level of effort will not provide sufficient information 
    to evaluate whether the project is working, and diversion of money to 
    other projects may not allow implementation of the project over the 
    entire ten year period that may be necessary to achieve the project's 
    goals. Consequently, the Service does not feel it would be acting in 
    the public interest to shift large sums of money from the murre 
    recolonization project to other projects at this time.
        This decision does not mean that the Service or the Trustees reject 
    the argument that some of the alternative projects that were suggested 
    would be beneficial to natural resources injured by the Apex Houston 
    Oil Spill. On the contrary, many of these projects, including 
    rhinoceros auklet restoration and acquisition of the murre colony at 
    Cape Vizcaino, were considered during settlement negotiations. Other 
    suggested projects, including projects to reduce seabird mortality from 
    gill nets and chronic oiling, are already underway with funding from 
    other sources within the Trustee agencies. The murre recolonization 
    project and the murrelet habitat acquisition project were given 
    priority because the Trustees feel that these two projects best address 
    restoration needs of local populations of the species that were most 
    seriously impacted by the spill. The Alternatives Considered section of 
    the Final Plan has been expanded to better address these concerns.
        The Service intends to carefully manage project expenditures to 
    stay within the proposed budget, and will attempt to realize savings 
    wherever possible. In addition, the settlement money will be invested 
    in an interest-bearing account within the Department of the Interior's 
    Natural Resource Damage Assessment and Restoration fund. In general, 
    the priority for use of any savings realized through this strategy will 
    be continuation of murre restoration efforts beyond 10 years and 
    acquisition of marbled murrelet nesting habitat, as per the Consent 
    Decree. Other alternatives that are cost effective and have clear 
    benefits to injured resources will receive future consideration from 
    the Trustee Council on a case-by-case basis if their implementation 
    will not compromise the objectives of the two main projects.
    C. Comments Regarding Details of the Plan
        1. Project Duration and Goals. Comment: Several respondents 
    expressed concern that 10 years may not be long enough to achieve the 
    goals of this project because murres have inherently low reproductive 
    rates, usually do not breed until they are several years old, and may 
    not breed in years when oceanic conditions are not favorable.
        Response: The Service agrees that 10 years may be the minimum 
    amount of time necessary to achieve the goal of recolonizing common 
    murres at sites from which they have been extirpated. The long-term 
    goal of restoring these colonies and the central California population 
    to pre-spill numbers will almost certainly require more than 10 years. 
    The Goals section was revised in the Final Plan to clarify the 
    Service's short and long-term goals. The Service believes that the 
    goals of the project can best be achieved through immediate 
    implementation of recolonization efforts, and through continued efforts 
    via other State and Federal programs to protect central California 
    murres from human disturbance, chronic oiling, and entanglement in gill 
    nets while the recolonization efforts are underway.
        2. Disturbance of Murres and Other Nesting Seabirds. Comment: 
    Several respondents cautioned the Service to either forego or proceed 
    carefully with implementation of restoration efforts at Hurricane Rock 
    and Castle Rock to avoid disturbing the remaining murres nesting at 
    these sites.
        Response: The Service agrees that unnecessary disturbance of the 
    remaining murres nesting at these sites should be avoided. This concern 
    was expressed in the Draft Plan and has been clarified in the Final 
    Plan. Efforts at these sites will be limited to monitoring of behavior 
    and reproductive success for the first 2 years of the project. After 2 
    years, the Service may deploy social attractants at these sites, but 
    only where it is deemed necessary to encourage murres to recolonize 
    lost subcolonies or suitable, unoccupied rocks.
        Comment: Several respondents cautioned the Service to minimize 
    disturbance of Brandt's cormorants and western gulls that nest at 
    Devil's Slide Rock and other sites where recolonization is proposed.
        Response: The Service agrees that disturbance of other nesting 
    seabirds should be minimized during this project. Human disturbance 
    will be minimized by deploying social attractants during the non-
    breeding season, conducting aerial surveys at appropriate heights to be 
    determined in consultation with the Gulf of the Farallones National 
    Marine Sanctuary and other agencies, and by making behavioral 
    observations through telescopes located in blinds, on boats, or on the 
    mainland, rather than in the middle of colonies.
        In the few instances where formation of new murre colonies has been 
    observed in central California, these new colonies were established 
    within existing Brandt's cormorant colonies, possibly because these 
    locations provided greater protection from gull predation (Ainley and 
    Boekelheide 1990). Common murres and Brandt's cormorants also nest 
    together at several colonies along the coasts of California and Oregon 
    (Carter et al. 1992, Carter and Takekawa unpubl. data, R. Lowe pers. 
    comm.). Because common murres can sometimes supplant cormorants and 
    gulls from nesting areas, the potential exists for cormorant 
    reproductive success to be reduced at recolonization sites (Ainley and 
    Boekelheide 1990). However, the Service believes this problem can be 
    minimized by deploying social attractants in such a way that murres 
    obtain the benefits of proximity to nesting cormorants without usurping 
    cormorant nest sites. Behavior and reproductive success of cormorants 
    and gulls nesting on recolonization sites will be monitored to help 
    determine the effect of murre recolonization on local seabird 
    communities.
    [[Page 20748]]
    
        3. Farallon Islands Component of the Project. Comment: Several 
    respondents asked for expansion or clarification of the scope of the 
    Farallon Islands component of the project and pointed out that an 
    understanding of the status and phenology of the large colony at 
    Southeast Farallon Island is critical to restoration efforts at the 
    smaller, nearshore colonies. Also, some respondents suggested that 
    experiments with decoys be conducted at the Farallon Islands in order 
    to refine and validate social attraction methodologies and protocols.
        Response: The Service agrees that Farallon Islands are an important 
    component to the conservation and understanding of the central 
    California common murre population. Monitoring of common murres at the 
    Farallon Islands, especially individually banded murres, will be 
    important for evaluating the success of the recolonization efforts at 
    the nearshore colonies and has been included in the Final Plan. The 
    Service believes that the efforts described in the Final Plan are 
    appropriate for the Farallon Islands, given National Wildlife Refuge 
    management objectives and protocols. The Service does not believe that 
    the colonies on the Farallon Islands merit greater emphasis in 
    restoration than the nearshore colonies. The murre colonies on the 
    Farallon Islands were impacted by the spill, but may still contain 
    sufficient birds to accomplish any necessary social facilitation of 
    breeding without human intervention.
        Research on decoy placement and on effectiveness of combinations of 
    auditory and visual attractants has been underway in Maine for several 
    years (Schubel 1993). This research provides empirical data on numbers 
    and densities of decoys sufficient to attract murres when combined with 
    auditory stimuli. The Service believes that the information from Maine 
    is sufficient to guide initiation of the Final Plan. Therefore, the 
    Service believes it is not essential, at this time, to conduct methods-
    oriented research and experimental validation of common murre 
    recolonization techniques at the Farallon Islands for the 
    recolonization project to be successful. However, the Trustees will 
    reevaluate the restoration projects and consider additional projects at 
    least annually.
        4. Additional Sites for Murre Recolonization. Comment: One 
    respondent suggested that the Service could do more to expand the range 
    of common murres in central California by using social attraction 
    techniques to start a new colony at Bodega Rock in Sonoma County.
        Response: The Service did not consider this site for murre 
    recolonization because, as far as the Service is aware, it has no prior 
    history of use for nesting by murres. Lack of prior use suggests that 
    this may not be a suitable location for a murre colony.
        5. Prey Resources for Common Murres. Comment: Some respondents 
    questioned whether ecological resources, such as prey, might be 
    insufficient to support growing murre populations and thereby could 
    limit the success of the project.
        Response: The Service is aware of this theory and would welcome any 
    additional information for consideration on this subject at any time. 
    Currently, the Service believes that insufficient information exists to 
    conclude that prey resource limitations would preclude the success of 
    this project. In addition, Pacific Sardines (Sardinops sagax) are 
    beginning to recover in central California (Wolf 1992). Sardines had 
    disappeared north of Point Conception by 1951, probably due to a 
    combination of overfishing and an extended period of cold water 
    (described in Ainley and Lewis 1974). Their recovery may strengthen 
    food resources in the vicinity of the recolonization sites; for 
    example, the once abundant sardines were believed to be an important 
    food to larger seabirds, including cormorants and puffins (Ainley and 
    Lewis 1974). In addition, more detail was added to the plan to clarify 
    that common murre diet and feeding information would be collected at 
    recolonization and reference sites where feasible, in order to gain 
    more information on prey resources.
        6. Public Outreach and Education. Comment: Several respondents 
    emphasized the importance of making public outreach and education an 
    integral part of the project.
        Response: The Service agrees that public outreach and education 
    should be an integral part of this project, and has allocated up to 
    $10,000 annually for this purpose. Relevant public outreach and 
    education opportunities will be sought throughout the project, and will 
    be funded to the extent possible without compromising project goals.
        7. Budget. Comment: Several respondents requested a more detailed 
    budget.
        Response: A more detailed budget has been included in the Final 
    Plan. This budget contains anticipated ranges of annual costs for major 
    budgetary categories for the duration of the project. Actual costs for 
    cooperators and contractors will be known when negotiations are 
    completed, and/or when contracts have been advertised and bids 
    received.
        8. Coordination With Other Trustee Councils. Comment: One 
    respondent recommended that the Apex Houston Trustee Council coordinate 
    its activities with the Trustee Councils that are guiding restoration 
    projects for seabirds injured in other oil spills along the Pacific 
    Coast.
        Response: The Apex Houston Trustee Council will coordinate and 
    communicate with other Trustee Councils.
    
    Literature Cited
    
    Ainley, and T.J. Lewis. 1974. The history of Farallon Island marine 
    bird populations, 1854-1972. Condor 76:432-446.
    Ainley, D.G. and R.J. Boekelheide, editors. 1990. Seabirds of the 
    Farallon Islands: Ecology, dynamics, and structure of an upwelling-
    system community. Stanford University Press, Stanford, California. 
    450 pages.
    Ainley, D.G., W.J. Sydeman, S.A. Hatch, and U.W. Wilson. 1994. 
    Seabird population trends along the west coast of North America: 
    causes and extent of regional concordance. Studies in Avian Biology 
    No. 15:119-133.
    Birkhead, T.R. and D.N. Nettleship. 1980. Census methods for murres, 
    Uria species: a unified approach. Canadian Wildlife Service 
    Occasional Papers. Paper Number 43. 25pp.
    Briggs, K.T., W.B. Tyler, D.B. Lewis, and D.R. Carlson. 1987. Bird 
    communities at sea off California: 1975-1983. Studies in Avian 
    Biology No. 11.
    Carter, H.R., G.J. McChesney, D.L. Jaques, C.S. Strong, M.W. Parker, 
    J.E. Takekawa, D.L. Jory, and D.L. Whitworth. 1992. Breeding 
    populations of seabirds in California, 1989-1991. Unpublished 
    reports, U.S. Fish and Wildlife Service, Northern Prairie Wildlife 
    Research Center, Dixon, California.
    Gaston, A.J., D.G. Noble, and M.A. Purdy. 1983. Monitoring breeding 
    biology parameters for murres Uria spp.: levels of accuracy and 
    sources of bias. Journal of Field Ornithology 54:275-282.
    Hatch, S.A. and M.A. Hatch. 1989. Attendance patterns of murres at 
    breeding sites: implications for monitoring. Journal of Wildlife 
    Management 53(2):486-493.
    Kress, S.W. 1978. Establishing Atlantic Puffins at a former breeding 
    site. Pp. 373-377 in S.A. Temple (ed.). Endangered birds: management 
    techniques for preserving threatened species. University of 
    Wisconsin Press, Madison, Wisconsin.
    Kress, S.W. 1983. The use of decoys, sound recordings, and gull 
    control for re-establishing a tern colony in Maine. J. Field Ornith. 
    59(2):161-170.
    Kress, S.W. and D.N. Nettleship. 1988. Re-establishment of Atlantic 
    Puffins, Fratercula artica, at a former breeding site in the Gulf of 
    Maine. Colonial Waterbirds 6:185-196. [[Page 20749]] 
    Kress, S.W., and H.R. Carter. 1991. Recolonization of Common Murres 
    to abandoned nesting islands on the central California coast. 
    Unpublished report, U.S. Department of Justice.
    
    Kress, S.W., D.N. Nettleship, and R.H. Podolsky. 1992. 
    Reintroduction of Atlantic Puffins, Terns, and Leach's Storm-Petrels 
    at former breeding sites in the Gulf of Maine in B.D. Bell and J. 
    Kromdeur (editors). Management methods for populations of threatened 
    birds. ICBP Technical Publication. Cambridge, England. in press.
    
    Mudge, G.P. 1988. An evaluation of current methodology for 
    monitoring changes in the breeding populations of Guillemots Uria 
    aalge. Bird Study 35:1-9.
    
    Podolsky, R.H. 1985. Colony formation and attraction of the Laysan 
    Albatross and Leach's Storm-Petrel. Ph.D. dissertation. Ann Arbor, 
    University of Michigan.
    
    Podolsky, R.H. and S.W. Kress. 1989. Factors affecting colony 
    formation in Leach's Storm-Petrel. Auk 106(2):332-336.
    
    Podolsky, R.H. and S.W. Kress. 1992. Attraction of the endangered 
    dark-rumped petrel to recorded vocalizations in the Galapagos 
    Islands. Condor 94:448-453.
    
    Ray, M.S. 1909. The passing of the Pedro Island sea-bird rookery. 
    Condor 11:94-96.
    
    Schubel, S. 1993. A common murre attraction project on a Maine 
    Island. 1993 Season Report on Matinicus Rock Project. National 
    Audubon Society. Ithaca, NY.
    
    Siskin, B.R., G.W. Page, and H.R. Carter. 1993. Impacts of the 1986 
    APEX HOUSTON oil spill on marine birds in central California. 
    Unpublished report, U.S. Department of Justice.
    
    Sowls, A.L., A.R. Degange, J.W. Nelson, and G.S. Lester. 1980. 
    Catalog of California seabird colonies. U.S. Department of the 
    Interior, Fish and Wildl. Serv., Biol. Serv. Prog. FWS/OBS 37/80.
    
    Swartzman, G. and H.R. Carter. 1991. Response of the California 
    population of Common Murres (Uria aalge) to mortality from the 1986 
    APEX HOUSTON oil spill. Unpublished report, U.S. Department of 
    Justice.
    
    Sydeman, W.J. 1993. Survivorship of Common Murres on Southeast 
    Farallon Island, California. Ornis Scand. 24:1-7.
    
    Takekawa, J.E., H.R. Carter, and T.E. Harvey. 1990. Decline of the 
    Common Murre in Central California 1980-1986. Studies in Avian 
    Biology 14:149-163.
    
    Wickham, D.A., C.C. Kahl, G.F. Mayer, and E. Reinharz. 1993. 
    Restoration: The goal of the Oil Pollution Act natural resources 
    damage actions. Baylor Law Review 45:405.
    
    Wolf, P. 1992. Recovery of the Pacific Sardine and the California 
    sardine fishery. California Cooperative Oceanic Fisheries 
    Investigations Reports 33:76-86.
    
        Dated: April 19, 1995.
    Thomas Dwyer,
    Acting Regional Director, Region 1, Fish and Wildlife Service.
    [FR Doc. 95-10277 Filed 4-26-95; 8:45 am]
    BILLING CODE 4310-55-P
    
    

Document Information

Published:
04/27/1995
Department:
Fish and Wildlife Service
Entry Type:
Uncategorized Document
Action:
Notice of Availability.
Document Number:
95-10277
Dates:
Written comments on the Final Plan must be submitted on or before June 26, 1995.
Pages:
20739-20749 (11 pages)
PDF File:
95-10277.pdf