La. Admin. Code tit. 43 § XXIX-109
A. The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the word, term, or phrase is otherwise defined in the text.
Acquisition of Equivalent- the acquisition of a natural resource that provides services substantially equivalent to those injured as the result of an unauthorized discharge of oil.
Area Contingency Plan- the contingency plan required by the Federal Water Pollution Control Act [33 U.S.C., § 1321 (j)(4)].
Assessment or Natural Resource Damage Assessment- the process of collecting, compiling, and analyzing information through prescribed procedures and/or protocols to determine damages for injuries to natural resources and/or any loss in the services provided by the natural resources resulting from an unauthorized discharge of oil.
Baseline- the condition of the natural resources and services that would have existed had the incident not occurred. Baseline data may be estimated using historical data, reference data, control data, or data on incremental changes (e.g., number of dead animals), alone or in combination, as appropriate.
Coastal Waters- the waters and bed of the Gulf of Mexico within the jurisdiction of the state of Louisiana, including the arms of the Gulf of Mexico subject to tidal influence, estuaries, and any other waters within the state, if such other waters are navigated by vessels with a capacity to carry 10,000 gallons or more of oil as fuel or cargo.
Coordinator- the Louisiana Oil Spill Coordinator.
Cost-Effective- the least costly activity among two or more activities that provide the same or a comparable level of benefits, in the judgment of the state trustees.
Damages- damages specified in Section 1002(b)(2)(A and D) of OPA [33 U.S.C. 2702(b)(2)], and includes the costs of assessing these damages, as defined in Section 1001(5) of OPA [33 U.S.C. 2701(5)], effective as of the date of the adoption of this rule.
Discounted Service Acre-Year (DSAY)-a unit of measure that is commonly used in habitat equivalency analysis and reflects the level of ecological services provided by a specified acreage of habitat over time, adjusted to account for differences in timing between the provision of injured and compensatory ecological services. Habitat equivalency analysis is a methodology commonly used in natural resource damage assessments to quantify losses in ecological services provided by injured natural resource habitat over time and estimate the scale of compensatory restoration actions appropriate to offset quantified losses.
Exposure- when all or part of a natural resource is or may be in physical contact with oil (resulting from an unauthorized discharge) or with media containing oil or its degradation products (see above).
Federal Fund- the Oil Spill Liability Trust Fund established by the Internal Revenue Code of 1986, 26 U.S.C. § 9509.
Federal Trustee(s)- official(s) of the federal government designated, according to the Oil Pollution Act of 1990 (33 U.S.C. § 2701 et seq.), §2706(b)(2), as trustees who may present a claim for and recover damages for injury to natural resources.
Field Investigation- an evaluation by one or more representatives of the state natural resource trustees of the area impacted by an unauthorized discharge of oil to determine the actual and potential exposure of natural resources and the impact on natural resources and the services they provide for the purpose of evaluating which damage assessment methods, if any, should be utilized by state trustees.
In Consultation with the Other State Trustee(s)- process described in memoranda of agreement between the oil spill coordinator and the state natural resource trust agencies.
Incident- any unauthorized discharge of oil or series of unauthorized discharges of oil, including the threat of unauthorized discharge of oil, having the same origin, involving one or more vessels, facilities, or any combination thereof.
Injury- any observable or measurable adverse change, either long or short term, in the chemical or physical quality or the viability of a natural resource or loss of services (as defined in this Section), resulting either directly or indirectly from an unauthorized discharge of oil, response to an unauthorized discharge of oil, or substantial threat of an unauthorized discharge of oil.
Lead Administrative Trustee- the state trustee, either the Louisiana Oil Spill Coordinator or his designee, responsible for compiling the administrative record and for coordinating activities of the state trustees in the natural resource damage assessment process.
Loss or Loss of Services- any impairment of a service, as defined in this Section, provided by a natural resource, resulting either directly or indirectly from exposure to an unauthorized discharge of oil.
Louisiana Coastal Area- Louisiana coastal waters, defined in R.S. 49:214.2(4) as "the Louisiana coastal zone and contiguous areas subject to storm or tidal surge and the area comprising the Louisiana coastal ecosystem as defined in section 7001 of P.L. 110-114 ".
National Contingency Plan- the plan prepared and published as revised from time to time, under the Federal Water Pollution Control Act (33 U.S.C. § 1321 et seq.) and the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et seq.).
Natural Recovery- the process through which injured natural resources and their services return to baseline condition without additional human intervention.
Natural Resources- all land, fish, shellfish, fowl, wildlife, biota, vegetation, air, water, groundwater supplies, and other similar resources owned, managed, held in trust, regulated, or otherwise controlled by the state of Louisiana.
Oil- oil of any kind or in any form including, but not limited to, crude oil, petroleum, fuel oil, sludge, oil refuse, oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 (14)(A)-(F), effective as of the date of the adoption of this rule and which is subject to the provisions of that Act.
On-Scene Coordinator or State On-Scene Coordinator or SOSC- the Louisiana Oil Spill Coordinator or state official designated by the coordinator to coordinate and direct response actions under the State Oil Spill Contingency Plan pursuant to R.S. 30:2464.
OSPRA- the Oil Spill Prevention and Response Act R.S. 30:2451 et seq.
Pathway- the medium, mechanism, or route by which the incident has resulted in exposure to oil (from an unauthorized discharge) of natural resources. For unauthorized discharges of oil, a pathway is the sequence of events by which:
a. the oil traveled through various components of an ecosystem and contacted the natural resource of concern; or
b. exposure to oil in one part of an ecosystem was transmitted to the natural resource of concern, without the oil directly contacting the natural resource.
Public Use(s)- the services provided by natural resources for human activities; this includes, but is not limited to, cultural, archaeological, transportation, public water supply, industrial water supply, swimming, fishing, harvesting of natural resources, nature viewing, hunting, diving, sailing, boating, hiking, camping, climbing, photographing, drawing, painting, and other human uses.
Recovery- the return of the injured natural resource and service to baseline conditions.
Reference Area or Reference Resource- an area or natural resource, unaffected by the relevant incident, and which is comparable in physical, chemical, and biological characteristics or in the level of services provided to the area potentially injured as a result of the relevant incident.
Rehabilitation- those actions which enhance the recovery of injured natural resources.
Replacement- substituting natural resources at or near the impacted area to compensate for the loss of natural resources and/or services due to an unauthorized discharge of oil.
Responsible Party or Responsible Parties-
a. the owner(s) and/or operator(s) of a vessel or terminal facility from which an unauthorized discharge of oil emanates or threatens to emanate; and
b. in the case of an abandoned vessel or facility, the party who would have been responsible immediately prior to the abandonment; and
c. any other person, but not including a person or entity who is rendering care, assistance, or advice in response to an unauthorized discharge or threatened unauthorized discharge of another person, who causes, allows, or permits an unauthorized discharge of oil or threatened unauthorized discharge of oil.
a.Primary Restoration-any action, including natural recovery, that returns injured natural resources and services to baseline; and
b.Compensatory Restoration-any action taken to compensate for interim losses of natural resources and services that occur from the date of the incident until recovery.
Restoration Plan- a plan developed for public review and comment that describes the restoration alternatives to be considered in the restoration, rehabilitation, replacement, and/or acquisition of equivalent natural resources.
Services, Ecological Services, or Natural Resource Services- the processes or functions provided by natural resources for the benefit of other natural resources and/or the public and includes, but is not limited to, water purification, flood control, erosion control, shelter, food supply, and reproductive habitats.
State Natural Resource Trustees- Louisiana Department of Environmental Quality, Louisiana Department of Natural Resources, Louisiana Department of Wildlife and Fisheries, and/or other agencies of the state of Louisiana designated by the governor according to the Oil Pollution Act of 1990 as state natural resources trustees.
State Oil Spill Contingency Plan- the plan required by R.S. 30:2456.
State Trustee(s)- the state trustee coordinator (Louisiana Oil Spill Coordinator) and the state natural resource trustees (Louisiana Department of Environmental Quality, Louisiana Department of Natural Resources, Louisiana Department of Wildlife and Fisheries). The definition of state trustees may also include other agencies of the state of Louisiana designated by the governor according to the Oil Pollution Act of 1990 as state natural resource trustees.
Trustee(s)- those officials of the federal and state governments, of Indian tribes, and foreign governments, designated under 33 U.S.C. 2706(b) of Oil Pollution Act.
Unauthorized Discharge of Oil- any actual or threatened discharge or oil not authorized by a federal or state permit.
La. Admin. Code tit. 43, § XXIX-109