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Coordination and public participation. The trustees not only coordinated among each other, but also coordinated with the responsible parties, who are, in this case Kuroshima Shipping S. A. and Unique Trading Co.,242 thereby reducing duplication of studies, increasing cost effectiveness, encouraging information sharing, and decreasing the likelihood of litigation.243 In addition to a systematic coordination, the statutory mandated public participation in the restoration planning through an open review of the process, which was achieved through public notice, availability of the Draft Plan for a thirty (30) day comment period, a scheduled public meeting at Unalaska town hall and additional opportunity for further public review if the Trustees decided to make significant changes to the plan based on the initial public comments.244 Proposed compensatory restoration actions. The plan identified the overriding statutory mandate to make the public whole through primary restoration and compensation for interim losses.245 The Trustees expected the affected resources to recover over time, because of the prompt actions taken to clean up and minimize the spill and in most instances, natural recovery will be sufficient to return the resources to the baseline.246 However, this recovery may take years to occur. Therefore, most of the restorative alternatives evaluated in the plan are focused on compensating for the interim losses.247 After the detailed articulation of the assessment formula, the following restoration actions were proposed: (i)

Conducting predator removal and control measures to enhance nesting success for seabird populations affected by the spill;248

(ii) Restoration of vegetation oiled by the spill and monitoring to evaluate the success and need for additional replanting;249 (iii) Additional testing of intertidal shellfish contamination and education on seafood safety;250 (iv) Sediment control, lakeshore revegetation, limnological survey work and enumeration of salmon smolt out migration and adult escapement;251 (v) Funding beach cleanup activities to compensate for lost or diminished human use during the oil spill and subsequent cleanup operations;252 (vi) Purchase of tents and other facilities to be publicly available for use year around as well as for a summer environmental education camp;253 and (vii) A community-wide education program designed to reduce adverse impacts of recreation and other public uses that may impede recovery of natural resources or affect restoration efforts.254

242

See Id., at 9. See Id., at 9. 244 See Id., at 10. 245 See Id., at 29. 246 See NOAA et al; supra note 219, at 29. 247 See Id., at 31. 248 Id. at 36-42. 249 Id. at 43-46. 250 Id. at 47-50. 251 Id. at 51-62. 252 Id. at 63-64. 253 Id. at 64-65. 254 Id. at 65-71. 243

Revista volumen vi  

http://academiajurisprudenciapr.org/wp-content/uploads/2009/10/Revista_Volumen_VI.pdf

Revista volumen vi  

http://academiajurisprudenciapr.org/wp-content/uploads/2009/10/Revista_Volumen_VI.pdf

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