PUBLIC NOTICE

COMMONWEALTH OF PUERTO RICO, DEPARTMENT OF NATURAL AND ENVIRONMENTAL RESOURCES;

UNITED STATES VIRGIN ISLANDS, DEPARTMENT OF PLANNING AND NATURAL RESOURCES

NOTICE OF INTENT TO CONDUCT RESTORATION PLANNING

Pursuant to the Oil Pollution Act of 1990 (OPA) and 15 C.F.R. § 990.44

Summary

Under the Oil Pollution Act of 1990 (“OPA”), and in accordance with the provisions of appertaining regulations at 15 CFR §§ 990.42 and 990.44, the Tank Barge (T/B) Vista Bella Oil Spill Trustee Council has decided to proceed with a Natural Resource Damage Assessment (NRDA), which shall include Restoration Planning, for the March 6, 1991, sinking of the T/B Vista Bella and subsequent oil removal and cleanup operations, collectively referred to in this Notice of Intent to Conduct Restoration Planning ("Notice") as the "Incident." The purposes of the NRDA are to identify and quantify the nature and extent (both temporal and spatial) of injuries to natural resources and resource services arising out of the Incident, and to develop plans for the restoration, replacement or rehabilitation of those injured resources, or for the acquisition of equivalent resources or resource services. The assessment will be conducted pursuant to the regulations for NRDA, as promulgated at 15 CFR 990, and in accordance with the Assessment Procedures and overall approach specified in the October 31, 2005 “Tank Barge Vista Bella Oil Spill Assessment Claim” and approved by the Trustee Council. The NRDA will address all natural resources and resource services in Puerto Rico and the United States Virgin Islands (USVI) for which injuries attributable to the T/B Vista Bella Incident have been or can be determined.

T/B Vista Bella Sinking and Oil Release – March 6, 1991

On March 6, 1991, the T/B Vista Bella, a Trinidadian-flagged vessel, sank in the Leeward Islands at the eastern end of the Caribbean Sea. At the time of its sinking, the T/B Vista Bella was loaded with 13,300 barrels – approximately 560,000 gallons – of No. 6 fuel oil. Over the course of several weeks, the vessel gradually released much or all of its cargo. Rough seas hampered oil containment, recovery and dispersal operations, and significant quantities of oil drifted westward and northwestward across the Caribbean Sea, eventually reaching the shorelines and coastal zones of Puerto Rico and USVI. The oil affected a variety of natural resources and habitats in both Puerto Rico and USVI, including but not limited to mangroves, seagrass beds, coral reefs and sandy beaches.

Pursuant to section 1006(b) of OPA (33 U.S.C. 2706(b)), the following officials have been designated trustees ("Trustees") of natural resources for this Incident: The Commonwealth of Puerto Rico, Department of Natural and Environmental Resources (DNER, website: http://www.drna.gobierno.pr); and the U.S. Virgin Islands Department of Planning and Natural Resources (DPNR, website: http://www.dpnr.gov.vi/index.html). These Trustees are responsible for assessing the damages to natural resources under their trusteeship that have resulted from the Incident, developing a plan for the restoration of the injured resources, and pursuing funding from responsible parties, if known, for implementation of that plan, or implementation of the plan by the responsible parties themselves. On behalf of their respective governments, DNER and DPNR have formed the T/B Vista Bella Oil Spill Trustee Council (“Trustee Council”) to carry out these duties. Puerto Rico DNER has assumed the role of Lead Administrative Trustee (LAT) for this Incident.

As part of its initial review of available documentation for the T/B Vista Bella sinking, the Trustee Council identified a Responsible Party (RP) for this Incident, Mr. Randall Harford of Port of Spain, Trinidad. As required under OPA, the Trustee Council submitted to the RP a Claim and demand for payment of anticipated NRDA and Restoration Planning costs, and invitation to participate in a cooperative NRDA, to which the RP made no reply. Accordingly, following expiration of the OPA-mandated 90-day waiting period, the Trustee Council subsequently submitted the Claim, which incorporated the Assessment Procedures and approach approved by the Trustee Council, to the United States Coast Guard (USCG) National Pollution Funds Center (NPFC) for payment from the Oil Spill Liability Trust Fund (OSLTF). The NPFC has approved and funded the Claim, including the incorporated Assessment Procedures and approach, in accordance with its established claim review process. Additional information on the NPFC, OSLTF, and the oil spill claim process can be obtained from the NPFC website, on the Internet at http://www.uscg.mil/hq/npfc/.

Trustees’ Determinations

(a) Determination of Jurisdiction.

The Trustees have determined, pursuant to 15 C.F.R. § 990.41, that they have jurisdiction to pursue restoration under OPA for the T/B Vista Bella oil spill. Specifically:

(1)   The sinking and subsequent discharge of oil from the T/B Vista Bella constitutes an Incident under OPA, as defined at 15 C.F.R. § 990.30.

(2)   This Incident was not permitted under federal, state, or local law.

(3)   The T/B Vista Bella was not a public vessel, as defined at 33 U.S.C. § 2701(29) and 15 C.F.R. § 990.30.

(4)   The discharge of oil in this Incident did not occur from an onshore facility subject to the Trans-Alaska Pipeline Authority.

(5)   Natural resources under the trusteeship of the Trustees may have been injured as a result of the Incident.

(b) Determination to Conduct Restoration Planning

The Trustees have determined, pursuant to 15 C.F.R. § 990.42(a), that the necessary conditions prerequisite to restoration planning have been met. Specifically:

(1)   Injuries to natural resources, as defined at 15 C.F.R. § 990.30, have resulted or are likely to have resulted from the Incident.

(2)   Response actions have not adequately addressed the injuries resulting from the Incident.

(3)   Feasible primary and/or compensatory restoration actions exist to address the potential injuries.

Potential Resource Injuries and Potential Restoration Actions

As detailed in the “Tank Barge Vista Bella Oil Spill Assessment Claim,” natural resource injuries arising out of the Incident may include, but are not limited to:

(a)    Oiling of, and associated impacts to, mangroves in Puerto Rico and USVI;

(b)   Oiling of, and associated impacts to, wildlife habitat, including sea turtle nesting beaches, in Puerto Rico and USVI;

(c)    Oiling of, and associated impacts to, coral reefs and other aquatic resources in Puerto Rico and USVI;

(d)   Oiling of, and associated impacts to, seagrass beds in Puerto Rico and USVI;

(e)    Wildlife mortalities in Puerto Rico and USVI;

(f)     Loss of public recreational use of beaches and other recreational resources in Puerto Rico and USVI, including beach closures in Virgin Islands National Park.

The type and scale of potential restoration actions that are necessary and appropriate to address natural resource injuries attributable to the T/B Vista Bella Incident will be determined as part of the NRDA and Restoration Planning that are the subjects of this Notice.  Such actions might include, but are not limited to, replacement/restoration of, or increased protections for, habitats and/or biological resources of the types injured by the Incident; and development or enhancement of public recreational facilities or opportunities, to compensate for lost or diminished public use of, or access to, those affected by the Incident. As required under OPA, and pursuant to 15 C.F.R. § 990.55, the planning of any restoration actions as part of the NRDA will be subject to public review and comment prior to finalization of the Restoration Plan.

Administrative Record

The Trustees have opened an Administrative Record (“Record”) in compliance with 15 CFR § 990.45. As Restoration Planning for the Incident proceeds, the Record will be periodically updated to include documents relied upon by the Trustees in making decisions pertaining to the NRDA and Restoration Planning. The Record is on file at the DNER Legal Division, 9th floor, Environmental Agencies Building, Sector el 5, Carr. 8838, Km. 6.3 Rio Piedras, PR 00926, and is available on the Internet at http://www.marineincidents.com/pr/vistabella/

Opportunity to Comment

Pursuant to 15 CFR §§ 990.14(d) and 990.55, the Trustees will seek public involvement in restoration planning for the Incident through public review of, and comment on, the Draft Damage Assessment and Restoration Plan (DARP) once it is completed. When the Draft DARP is prepared, the public will be notified of its availability and the opportunity to comment.  Prior to completion of the Draft DARP, the public is invited to submit any information or comments that may inform the NRDA and Restoration Planning process, including comments on interim reports that may be posted on the Internet as part of the Administrative Record, to Dr. Craig Lilyestrom at the address listed below.

Questions regarding this Notice may be directed to:

Dr. Craig Lilyestrom

Director, Marine Resources Division

Puerto Rico Department of Natural and Environmental Resources

P.O. Box 366147

San Juan, PR 00936.

Dr. Lilyestrom may be reached by telephone at (787) 999-2200, extension 2615, or by email at craig.lilyestrom@drna.gobierno.pr.

Dated: February 9, 2007