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Mission Without a Map the Politics and Policies of Restoration Following the Exxon Valdez Oil Spill: 1989-2002

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Mission Without a Map the Politics and Policies of Restoration Following the Exxon Valdez Oil Spill: 1989-2002 Mission without a Map The Politics and Policies of Restoration Following The Exxon Valdez Oil Spill: 1989-2002 by Joe Hunt Revised Edition ii x Mission Without A Map This history of the settlement, damage assessment, and restoration following the Exxon Valdez oil spill was researched, written and designed by Joe Hunt. It does not necessarily reflect the views of the Exxon Valdez Oil Spill Trustee Council, the Restoration Office, or the associated state and federal agencies. Copyright ©2009 All rights reserved Revised Edition, First Printing For information on how to obtain copies of this book, contact the Alaska Resources Library and Information Services: www.arlis.org. ISBN: 978-0-578-04541-2 (Pbk) Cover photo by Roy Corral Published by: Exxon Valdez Oil Spill Trustee Council 441 W. 5th Avenue, Suite 500 Anchorage, Alaska 99501-2340 www.evostc.state.ak.us iii Table of Contents An Introduction to The Spill .........................................................................................................................1 Chapter One The Making of a $1 Billion Settlement ..............................................14 • Witnessing the injury • The State of Alaska v. Exxon Corporation • Indictment or settlement? • The civil case • The United States versus Exxon Corporation • Settlement diplomacy • Negotiations • Public pressure • Reaction and rejection • The second settlement • Negotiation epilogue The Settlement (at a glance) ............................................................................ 14 Comparison of rejected settlement with approved settlement ......................... 43 Chapter Two Assessing the Damage ..................................................................................47 • Gearing up • NRDA: A legal process • Research, scientists, and attorneys • Baseline data • Speaking different languages • NRDA secrecy • Passive use • Restoration planning • The new Trustee Council • Damage assessment: epilogue Carcasses of bird species retrieved from oiled areas .......................................... 49 Chapter Three The Early Years ....................................................................................67 • The Trustee Council • Veto power for all • Getting started with “existing structure” • The Restoration Team • Toward a restoration plan • The National Environmental Policy Act • Delays and more delays • Public involvement and the Restoration Plan • The public grows impatient • The fisherman’s blockade • A new direction • Management by objective • Turning the corner • New credibility continued next page iv x Mission Without A Map Table of Contents continued Chapter Four Protecting Habitat ..............................................................................99 • Perception of trustees as obstructionists • “Acquire the equivalent of . .” • The link to injured resources • Land ownership in Alaska • Imminent threat • Kachemak Bay State Park • Afognak Island (Seal Bay and Tonki Cape) • Orca Narrows • The new Trustee Council • Hard lessons and new philosophies • Market value vs. habitat value • The Comprehensive Habitat Protection Plan • Buying Native land • Kodiak Island • Afognak Island • Shuyak Island • Prince William Sound • Kenai Fjords National Park • Small Parcel program • Public gets behind small parcels Large parcels protected ................................................................................ 101 Appraisals versus purchase price .................................................................... 122 Native corporation land entitlement versus acreage sold ............................... 127 Habitat maps ................................................................................................ 138 Chapter Five Restoration Science: A Legacy of Process ......................... 145 • Nature does the job • Focusing in on “restoration” • Agency conflicts of interest • Normal agency management • Improving scientific competition • Independent peer review • The injured resources list • Recovery and objectives • Recovery of salmon • The 2002 Update of Injured Resources • The recovery line • Opposition and scientific criticism • Exxon’s perspective • Advocacy science • Contrasting studies • Stepping over the boundary of scientific disagreement • A history of animosity • Oil impacts on Pacific herring and pink salmon • Taking an ecosystem approach to research and monitoring • Adaptive management and the annual work plan • General restoration • Alaska SeaLife Center Resources and services injured by the spill .................................................... 164 Adaptive management cycle .......................................................................... 183 v Chapter Six Achievements in Science ............................................................ 189 • Science for the money • Tools for fisheries • Kenai River sockeye genetics • Earbones show hatchery of origin • The role of plankton • Pristane tracks • Fry feeding success • Sonar replaces need for commercial catch data • Cameras could replace counters • Little Waterfall Creek • The resurrection of Port Dick Creek • SEA pink salmon models • Pacific herring • Herring disease • Impacts of oil in the environment • Nearshore Vertebrate Predator Project • Winter survival of harlequin ducks down • Alaska Predator Ecosystem Experiment • Forage fish and seabirds in the Gulf of Alaska • Forage fish energetics • Halibut provide clues to forage fish availability • Modeling • Marine mammals • Transient killer whales carry contaminants • Harbor seal fatty acid analysis Chapter Seven Public Involvement .......................................................................... 205 • Diversity rather than consensus • Creating the Public Advisory Group • Public Advisory Group: “live scenery” • Frustration sets in • Funding for the future • The human services • Commercial fishing • Public Involvement • The subsistence plan • Community involvement • Traditional knowledge • Harbor Seal Commission • Youth Area Watch • Spotty success • Public outreach • OSPIC to ARLIS Chapter Eight The Future of Restoration ............................................................ 227 • Establishing the reserve • Public Preferences • Speaking for the plankton • Making a deal • From T-bills to Dow Jones • Predicting the ways of the sea • The shaping of GEM • Habitat protection for the long-term • The reopener clause Appendices ................................................................................. 243 Appendix A: Highlights from the Exxon Valdez Oil Spill Restoration Plan ....243 Appendix B: Exxon Valdez Oil Spill Trustee Council1991-2002 ....................248 Appendix C: Uses of Civil Settlement ...........................................................249 Appendix D: Uses of Criminal Settlement ....................................................251 Appendix E: Recovery of Injured Resources (1994-2002) .............................252 Appendix F: Comprehensive Habitat Protection Plan ...................................253 Appendix G: Ranking and Scoring Large Parcels ..........................................255 Appendix H: Ranking of Resources and Services by Parcel ...........................257 Appendix I: Small Parcel Evaluation/Ranking Criteria ..................................264 Index ...................................................................................................... 266 vi x Mission Without A Map Acknowledgments Mission Without A Map is a documented history of the Trustee Council, derived mostly from the public record. It was first inspired as a means of digesting an enormous administrative record into a readable format, so that future administrators, scientists, and scholars hoping to learn from the Exxon Valdez restoration experience have a basis to begin their research. Lessons emerging from this experiment in restoration were often hard-learned and painful. But, it is clear they were not ignored. Over an 11-year period, this council learned and evolved. In the end, it developed methodologies and programs worth copying. And it stumbled into many pits worth avoiding. There is little question that mistakes were made in the formation and follow- through of the Exxon Valdez Oil Spill Trustee Council. There is also little dispute that the council’s contributions to restoration management, research and monitoring, habitat protection, and public participation have been innovative and significant. The only real disagreement about the council’s restoration legacy, usually depending on one’s personal viewpoint, is to the degree of error and accomplishment. Members of the Trustee Council and their executive director, Molly McCammon, have provided the freedom and cooperation necessary for this report to be honest, candid, and, therefore, useful. Early in the writing of this text, it became clear that to be truly useful, some conclusions had to be drawn. Not everyone agrees with the observations found here, including trustees and restoration office management. Mission Without A Map does not necessarily reflect the views of the Trustee Council, individual members past and present, the council’s staff, the chief scientist and the scientific review team, or the many federal and state agencies which help guide and carry out the restoration programs. This report would not have been written without the encouragement and leadership of Molly McCammon. It was Molly who first articulated the need for a documented history that contained an analysis of what went wrong as well as what went right with
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