Kotzebue from the air Under a surface layer of meltwater, the ice in Kotzebue Sound was still solid in May Evening travel on the ice Ice fishing on a pleasant May evening Northwest Arctic Borough Oil Spill Workshop: Natural Resource Damage Assessment (NRDA) & Environmental Response Management Application (ERMA®) May 22-23, 2012 National Oceanic and Atmospheric Administration Coastal Response Research Center Executive Summary On May 22-23, 2012, at the request of the Northwest Arctic Borough (NWAB), the Coastal Response Research Center (CRRC) and NOAA’s Office of Response and Restoration (ORR) hosted an oil spill workshop in Kotzebue, Alaska. More than 50 participants from all 11 communities in the NWAB, plus about 20 agency or non-governmental (NGO) representatives, attended the workshop. The goals of this meeting were to:  Discuss community involvement in oil spill response, natural resource damage assessment (NRDA) and restoration/recovery;  Integrate local community and Inupiaq traditional knowledge into the Arctic Environmental Response Management Application (Arctic ERMA); and  Enhance relationships between local communities and government agencies regarding planning and preparation for potential oil spill response, NRDA and restoration/recovery. During a series of breakout groups, participants articulated their concerns about potential oil spills in the region and developed ideas and recommendations for conducting NRDA, planning restoration, and improving Arctic ERMA (https://www.erma.unh.edu/arctic/erma.html). This report presents the results of the discussions, including the breadth and diversity of opinion, articulated at the workshop. The summary of the discussions describes priority concerns of community members and general recommendations to address some of the concerns. Priority Concerns:  Implications of harsh environmental conditions (ice and severe weather) on spill response, restoration and recovery  Delays in response (e.g., travel distances for spill response equipment)  Limitations in spill infrastructure and logistical support (e.g., vessels, fuel, boom and other supplies, equipment maintenance; food, housing, waste management) as well as ports, harbors and USCG facilities  Increased disruption to subsistence practices and food security. The subsistence lifestyle in the NWAB is essential for human health, spirituality, and maintenance of Inupiaq culture  Ecological and long term effects of oil on local populations, migratory species and sensitive habitats (e.g., lagoons, river mouths, hunting areas)  Lack of training and infrastructure (e.g., equipment) for the Northwest Arctic villages and existing local spill response teams, especially with respect to off-shore response methods  Lack of community inclusion in decision making for response, including use of local knowledge General Recommendations:  Build local spill response capability  Incorporate local community and Inupiaq traditional knowledge (subsistence and ecological status) into tools and ensure community oversight in its uses  Determine baseline conditions of species and habitats likely to be affected by oil spills Page 2  Begin restoration planning now, involve locals (e.g., Northwest Arctic Borough, local emergency planning committee (LEPC’s), Economic Development Commissions (EDCs) and Planning Commission in developing specific project ideas) These concerns and recommendations will be provided to the State of Alaska and the U.S. Coast Guard (USCG) for their use in planning oil spill response in the region. The report findings will be used by NOAA and other agencies to establish priorities for NRDA and restoration. NOAA will also use the report to establish priorities for data to augment in Arctic ERMA. Page 3 Acknowledgements The CRRC and NOAA gratefully acknowledge the Organizing Committee (OC) members and breakout group facilitators for playing a crucial role in the success of the workshop. The OC members included: Ukallaysaaq Tom Okleasik, NWAB Planning Dept Puya Bob Schaeffer, NWAB Public Services Michael Oliver, NWAB Search & Rescue Services Lincoln Saito, NWAB Economic Development Wendie Schaeffer, NWAB Public Services Millie Hawley, Maniilaq Association Environmental Program Mary Baker, NOAA ORR, Assessment and Restoration Division Nancy Kinner, Coastal Response Research Center Amy Merten, NOAA ORR, Spatial Data Branch W. Scott Pegau, Oil Spill Recovery Institute Cheryl Rosa, U.S. Arctic Research Commission John Whitney, NOAA ORR, Scientific Support Coordinator The Group Leads were: Mary Baker, Robert Taylor, Amy Merten, Gary Shigenaka and Sarah Allan. The Group Recorders were: David Clark, JD Ross, Elspeth Hilton, Hayley Pickus and Joe Inslee. The CRRC also gratefully acknowledges the hard work and dedication of all 77 participants (Appendix B). More information is available at www.crrc.unh.edu. This workshop was sponsored by: NOAA ORR, CRRC and OSRI. Introduction Changing conditions in the Arctic are increasing the likelihood of an oil spill. The loss of sea ice, increasing demand for energy, and development of offshore oil and gas resources will increase ship traffic and other activities that increase the risk of a spill. Arctic communities rely on natural resources for cultural and subsistence use and these resources will be affected in the event of a spill. The rapid changes in physical and biological systems that are occurring in the Arctic provide a challenging backdrop for evaluating the ecological effects of spilled oil. Early planning for spill response and natural resource damage assessment (NRDA) requires coordination with local communities to ensure that: protection priorities are correctly identified, appropriate baseline data for a NRDA are collected, ephemeral data collection is planned, and natural resources and their services are evaluated and restored. As a follow up to two earlier CRRC workshops (Arctic ERMA Workshop April 5-6, 2011 Anchorage, Alaska and NRDA in Arctic Waters: The Dialogue Begins April 20-22, 2010 Anchorage, Alaska), NWAB Planning Department representatives asked NOAA and CRRC to consider hosting similar workshops in the Arctic communities. The priority was to discuss local Page 4 involvement in NRDA and incorporation of local and traditional knowledge into ERMA. This document provides a summary of the discussions at the May 2012 NWAB Oil Spill Workshop. The goals of the workshop were to:  Discuss community involvement in spill response, NRDA, and restoration/recovery;  Integrate local community and Inupiaq traditional knowledge into Arctic ERMA; and  Enhance relationships between local communities and government agencies regarding planning and preparation for potential oil spill response, NRDA and restoration/recovery. Responding to and cleaning up oil spills is the responsibility of the USCG, Alaska Department of Environmental Conservation and/or U.S. EPA (depending on the location and source of the spill). The USCG Captain of the Port (COTP) is the pre-designated Federal On-Scene Coordinator (FOSC) for oil spills in the Coastal Zone. Management of spill response is generally conducted using the Incident Command System (ICS), which is a standardized on- scene emergency management construct to address complex incidents without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of equipment, people, and money during incidents. Response to oil spills is guided by the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). ICS brings together the functions of the Federal government, state/local governments, and the responsible party in order to achieve an effective and efficient response. For spills in Alaska, a Unified Spill Response Plan provides a comprehensive pollution response doctrine that defines the organizational and procedural framework for the oil spill response network. Ten Sub-Area Plans supplement the Unified Plan and describe geographic specific strategies for a coordinated Federal, state and local response. In addition, a Joint Marine Pollution Contingency Plan with Canada supplements the Unified Plan. The USCG maintains limited oil spill response equipment including boom and skimming systems, as does the Alaska Department of Environmental Conservation and the Navy Supervisor of Salvage. Oil spill response organizations (OSROs) also maintain response capacity that can be accessed by the USCG. Under the Oil Pollution Act of 1990, parties responsible for spilling oil are liable for the cost of responding to and cleaning up the spill. In addition to clean up, polluters are also liable for the cost of restoring public natural resources that are harmed by a spill. Natural resources are protected by the government under a long-standing common law tradition known as the public trust doctrine, which dates back centuries even before the United States existed. Under the public trust doctrine, natural resources are to be managed for the benefit of all. When public resources are harmed by a spill, governments may seek compensation for the harm. This is done in two steps: (1) by assessing the harm; and (2) by determining how and what restoration will occur. Compensation for injury is intended to restore the natural resources to their condition before the spill and to compensate the public for the lost use of those resources. Because parties responsible for a spill are only liable for the harm from the oil (and for harm from response activities), it is extremely important to understand the condition of the natural resources in the absence of a spill (“baseline”). In a changing environment, agencies must be able to distinguish between harm to natural resources from oil, and those from other causes. Page 5 NRDA is a legal process that results in the filing of a legal claim that is either resolved through a negotiated settlement or through the judicial process. Government agencies must demonstrate that there is a connection between the oil spill, a pathway for oil to reach natural resources, exposure to animals or their habitat, and an ecological effect and/or loss to people using the resources. The outcome of a NRDA should be restoration that compensates for losses. This restoration is typically focused on improving habitat, but also can address losses of resources used by humans. ERMA is an online mapping tool that serves as a single point of access for environmental response information. It integrates both static and real-time data, such as Environmental Sensitivity Index (ESI) maps, ship locations, weather, and ocean currents, in a centralized, easy- to-use format. It provides environmental responders and decision-makers ready access to relevant data for oil spill drills, planning, response, assessment, and restoration, as well as for other incidents and natural disasters. The system incorporates data into a fast, user-friendly Geographic Information System (GIS) that is accessible via internet at a command post as well as to people in the field and at other locations. ERMA was developed by the National Oceanic and Atmospheric Administration (NOAA) and the University of New Hampshire (CRRC and the Research Computing and Instrumentation Center) along with the Environmental Protection Agency, USCG, and the Department of the Interior in a cross-agency effort. Originally developed for the Portsmouth, NH region, the ERMA prototype was tested during area response drills, where it proved to be effective at providing data transparency and simple to operate for multiple users. ERMA enables a user to quickly and securely upload, manipulate, export, and display spatial data, resulting in high-impact visualizations of information for solving complex environmental response and resource management issues. Non-GIS experts can use ERMA to view, manipulate, and analyze data on maps. The application is based on open source software (PostgreSQL/ PostGIS, MapServer, OpenLayers) that ensures compatibility with other commercial and open source GIS applications. Because the ERMA platform is web-based, it can easily bring together various types of information, providing a common operational picture for all individuals involved in incident response operations and improving communication and coordination among responders and stakeholders. ERMA provides environmental resource managers with the information necessary to make informed decisions. The Arctic ERMA project grew out of a strong desire by NOAA and its interagency partners (especially the Department of the Interior) to focus on preparedness for Arctic emergency response due to changing ice conditions and increased energy and transportation activities. Workshop Organization and Structure The workshop; held at the Northwest Arctic Heritage Center in Kotzebue, Alaska on May 22-23, 2012; consisted of plenary sessions where invited speakers gave presentations (Appendix F) on spill response, NRDA, and the ERMA tool. More than 50 participants from all 11 communities in the NWAB, plus approximately 20 agency and NGO representatives attended the workshop. Five breakout groups discussed specific questions regarding: (1) concerns about spills and spill response; (2) approaches for NRDA (including how to assess baseline conditions in a changing Page 6 environment); (3) ideas for restoring injured resources and affected human uses; and (4) ways of improving the Arctic ERMA tool to incorporate local knowledge and make it useful as a communication mechanism. The workshop agenda (Appendix A), participants (Appendix B), and breakout session questions (Appendix C) were identified and developed by an Organizing Committee representing local and Federal government entities and NGOs. The Organizing Committee identified participants from local communities, NGOs, industry, the private sector, response organizations, academia, natural resource trustee agencies, and state and local governmental entities who have a vested interest and experience in the Arctic and/or oil spills, and NRDA (Appendix B). The workshop was organized around three major topics: (1) spill response; (2) NRDA; and (3) Arctic ERMA. The workshop participants addressed questions relating to these topics in breakout groups (Appendix D). After each breakout session, the groups came together in a plenary session and summarized their discussions for the larger group (Appendix E). This report contains a summary of the groups’ recommendations and ideas. On the final day of the workshop, participants convened to summarize their findings and conclusions. Several larger group sessions created the opportunity to share and discuss ideas. It should be noted that the NWAB is not a monolithic community, and the conclusions and ideas presented here are not consensus recommendations, but are an attempt to represent the breadth and diversity of opinion presented at the workshop. Summary of Breakout Group Discussions Each breakout group discussed the same questions. Notes from each breakout group and large discussions were synthesized according to general topic. 1. Improving Spill Response Workshop attendees discussed concerns regarding spill response. These concerns can be summarized as:  Implications of the harsh environmental conditions (e.g., ice and severe weather)  Delays in response (e.g., travel distances for spill response equipment and responders)  Limitations in spill infrastructure and logistical support (e.g., vessels, fuel, boom and other supplies; maintaining equipment; food; housing; waste management)  Need for training at the village level  Access to the most up-to-date information about spill response  Need for local participation in response, particularly as the Arctic is the homeland for Inupiaq peoples and communities. Breakout groups developed a variety of ideas and recommendations for maximizing the effectiveness of spill response to address these concerns. The highest priority and most significant recommendations related to creating local response capability for the first few days of a spill. There was a strong desire for local communities and villages to become prepared for a spill. Specific ideas to build desired community spill response capacity include: establishing village or borough response teams; establishing spill response agreements in advance; creating a borough response plan template to customize for each village; and establishing a Regional Citizens Advisory Council for the NW Arctic. It was also noted that tribal government to government consultation is required for an effective response. Page 7 Ideas for addressing logistics and infrastructure limitations include: creating a cache of extra parts for critical equipment; maintaining an inventory of what appropriate equipment is already available in the community (what, whose, where); creating the ability to provide “guide” services for responders, especially in remote areas or during poor weather; and establishing agreements to use assets of NANA and Local Emergency Planning Committees (LEPCs). Ideas and recommendations for improving spill response training include:  Build on existing training for disaster response, search and rescue, and firefighting  Educate students to be responders  Track who is trained  Conduct training through the NWAB, USCG Auxiliary, and LEPCs  Include specific scenarios in training  Include training on: regulations and cleanup practices; use of ERMA; effects of burning, dispersants and decontamination procedures; oil persistence; fate and behavior; long term effects of dispersants; and basics of effects of oil on Arctic species  Provide more drills (including NRDA) and include more time to provide local input. Ideas and recommendations for access to updated information include:  Provide a directory of spill response contacts, and which agencies have specific responsibilities  Update ESI maps  Prepare seasonal response plans  Share facility contingency plans  Improve ability to respond on private land (create advance agreements with native allotment owners)  Provide daily information/updates about the spill response to the community via ERMA  Include more local representation in protection strategy development and prioritization  Create a public health plan for spill response (include hospital staff)  Investigate bioremediation response options  Use traditional knowledge of currents in trajectories and planning  Address concerns about: protection of archeological information and culturally- sensitive areas during a response; the possibility of sinking oil; caribou feeding on oiled grass, concerns that response will do more harm than good (e.g., on the tundra). 2. Protection/Response and NRDA Priorities Workshop attendees had lengthy discussions of their concerns regarding the environmental and cultural effects of oil spills. These concerns can inform protection priorities for spill response, and help identify important NRDA metrics. The highest priority and most significant concern seemed to be for the potential for injury to food supply and subsistence food practices (food security), including having to travel farther to hunt and gather food. Traveling farther for food has attendant economic and safety implications since the price of fuel is very high and traveling long distances increases risk of injury or stranding. The subsistence lifestyle in the NWAB is Page 8 essential for human health, spirituality, and maintenance of Inupiaq culture. It is also essential for the economy of the NWAB and region (i.e., subsistence is the economic base). Even the perception of contamination will keep people from hunting, and this aversion may last a long time. Seal oil is a particularly important food resource. The possibility of a regulatory response to restrict harvest or close fisheries after a spill would also affect food security. The possibility of effects to important biota and plants is also of concern. Some key species and effects mentioned during the workshop include:  Lowland plants  Caribou, river otters, beavers, moose  Birds and eggs (seagulls, ducks, geese, swans, eider, yellow billed loon) (including migration behavior changes)  Plankton and microorganisms  Direct effects on whales (beluga and bowhead), seals (spotted, ringed, bearded and especially Ugruk), and walrus - including disease, feeding behavior, pregnancy rates  Whale and seal migration in Hanna Shoal, Barrow Canyon, Wrangell Island, and along ice edges  Fish (salmon, sheefish, pike, whitefish, herring, trout, smelt, grayling)  Mud shark  Crabs  Walrus prey (clams)  Polar bear  Energy transfer between ecosystem components; disruption of food web relationships, especially the ice-based food web and nutrient cycling. The possibility of contamination of specific sensitive habitats was also of concern to workshop participants. Key habitats of concern include:  Benthos  Lagoon systems  River mouths  Watersheds  Barrier islands  Lowlands  Erosion of coastal habitat  Hunting and camping areas  Bird nesting areas. In addition to food security and ecological effects, there were numerous social and cultural impacts of concern. These include:  Maintaining native language proficiency  Maintaining hunting and fishing practices from generation to generation  Social disruption, domestic violence, and people wanting to leave communities  Cascading effects on inland communities that share coastal natural resources  Impacts on summer fish camps  Impacts to sales of arts and crafts made from subsistence resources Page 9  Access to traditional art and clothing materials  Educating young people about traditions  Employment opportunities  Maintenance of celebrations and traditional dances  Protection of water pumping stations (upriver spills from pipelines are also of concern). Finally, the possibility that oil spills could affect human health was of great concern, including increasing prevalence of cancer and other diseases, and increases in mental health disorders. Also of concern was the possibility that oil spills could increase the existing negative effects of westernization on human health. 3. Coordinating NRDA Activities Agencies that are responsible for NRDA are very interested in developing and maintaining relationships with the NWAB communities and their representatives. The conversations at the workshop brought forth a number of considerations in developing a productive and mutually beneficial relationship between the agencies and communities of the NWAB. One of the core suggestions made by community members was that communication flow be enduring and two- way. Community members and officials want to learn more about NRDA and associated activities. Suggested mechanisms to facilitate this communication include: radio, face-to-face meetings, newsletters, and Facebook. Coordination with the regional Elders Council, the Inupiaq Language Commission, the Subsistence Committee for the Red Dog mine, NANA, and other regional entities will enhance communications and facilitate building trust between agencies and communities. Formal consultations with tribal entities are also required. There is a strong perception among community members that information sharing between local communities and agencies has not been reciprocal and balanced (i.e., Agencies take information and data, but do not deliver synthesized information or report on how data was used in return). Communities may be willing to share subsistence and traditional information, but there is a need to protect sensitive subsistence and cultural information. This need must be respected. Agencies must be accountable to the communities who supplied information which is used in a spill response or NRDA. Other suggestions for improving communications between agencies and the communities include: establishing community liaison positions; holding informal conversations over food; visiting hunting, fishing, and gathering camps (spend 3-4 days); structuring conversations around maps; improving listening skills; going hunting with locals (including offering to pay for gas); gathering women’s perspectives as well as men’s; and simplifying technical information for village residents (consider two languages). Conducting NRDA in the Arctic will be challenging because of the remoteness of locations that may be affected, severity of weather, and limitations in infrastructure and equipment available locally. Logistics of sampling are of special concern - typical boats in the area are 16 - 26 feet long with 150 horsepower outboard motors, most are used for setting gill nets. Red Dog Mine’s port has only a 15 foot draft and cannot be used during severe weather. Providing food, housing, Page 10