CRE Issues Data Quality Alert to NMFS on Gulf of Mexico Take Rule

NMFS  is in the process of revising the incidental take rules for oil and gas exploration in the Gulf of Mexico. CRE alerts NMFS to the statutory requirement that all such actions be in compliance with the Data Quality Act.

CRE Testifies Before the NOAA SAB on Marine Spatial Planning

CRE made a presentation to the NOAA SAB on November 3  in Silver Spring, MD. 

CRE made two recommendations to the SAB:

(1)   the SAB should  request that they be accorded the opportunity to review the CEQ/NOAA document on Marine Spatial planning to prepared as a result of the recent directive of the President.

 (2)  the SAB request a briefing from NOAA staff on the Data Quality Act and its applicability to the aforementioned report on marine spatial planning and its applicability to NOAA marine models.

CRE also emphasized NOAA’s excellent track record on implementing the DQA, in particular its commitment to the pre-dissemination review requirements of the Data Quality Act, see http://thecre.com/pdf/Emerging_Information_Quality_Act-Pre-Dissemination_Review_&_Documentation_Form.pdf

CRE was also advised that NOAA intends to release the aforementioned document on spatial planning for public comment. CRE applauds NOAA’s commitment to transparency.

 CRE  also applauds NOAA’s commitment to science based policy but did not understand the reason behind the decision of the  NOAA DFO for the SAB to preclude members of the SAB from asking questions on the CRE presentation.

CRE Establishes a Discussion Forum for Public Comments Submitted to MMS and CEQ on OCS Five Year Plan and Ocean Zoning

In accord with the President’s emphasis on transparency and open government, CRE  is posting  three influential documents for public review and comment:

(1)  NOAA comments to MMS on the Five Year OCS Program, see  the NOAA attachment  below.

(2)  A comment prepared by several dozen environmental organizations on the CEQ Interim Report on Ocean Zoning/Marine Spatial Planning, see  Enviro Comments below,

(3)  Comments submitted by CRE to CEQ on the Interim Report on Ocean Zoning/Marine Spatial Planning, see  CRE CEQ below.

The public  is encouraged to comment on each of  the above items.  CRE has chosen these three articles because in our  opinion they define the boundaries of the debate regarding the development of the nation’s energy resources and whether the nation ever has the  slightest chance of becoming less dependant upon imported energy, often from threatening regimes.

CRE will review the comments submitted hereto and will give periodic  reports to NOAA, CEQ , MMS , other federal agencies and the public.  CRE’s previous experience with Interactive Public Dockets  (IPD’s)  suggests that by establishing a compendium of  information, which is  updated continuously by the public,  it is difficult for federal  agencies not to seriously address those issues which have considereable public momentum behind them. To this end, we invite  particular attention to CRE’s recommendation #7 on page 10 of  its comments (CRE MMS below)  in which we recommend that federal agencies announce that they will accept periodic submissions on a continuous basis on the topics addressed herein.

It should be noted that when CRE developed its comments on the OCS Five Year Plan, which are included as an attachment to the CRE’s comments to CEQ on ocean zoning–attached below–CRE  provided the public with an opportunity to comment on a draft of the CRE comments; the comments CRE received are available at http://www.thecre.com/zoning-forum/

The public can submit comments  on the above documents by:

(1) Posting them on the Discussion Forum at  http://www.thecre.com/zoning-forum/

 No registration is needed; anonymous comments are accepted. Attachments permitted.

  (2) By simply clicking on the term “Comments”  in the upper left hand side of this column and typing your message. Again, no registration is needed; anonymous comments are accepted. In this case however, attachments are not accepted.

CEQ Issues Interim Report on Ocean Policy

EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY
WASHINGTON, D.C. 20503

Obama Administration Officials Release Interagency Ocean Policy Task Force Interim Report

WASHINGTON, DC – Obama Administration officials today released the Interagency Ocean Policy Task Force Interim Report for a 30-day public review and comment period.  The Interagency Ocean Policy Task Force, led by White House Council on Environmental Quality Chair Nancy Sutley, consists of 24 senior-level officials from Administration agencies, departments, and offices.  The report provides proposals for a comprehensive national approach to uphold our stewardship responsibilities and ensure accountability for our actions. 

“This Interim Report represents a wide spectrum of views and considerations, not just from within the federal government, but from members of the public, local officials, stakeholders and experts from coast to coast,” said Nancy Sutley, Chair of the White House Council on Environmental Quality.  “It delivers on President Obama’s request for recommendations that will move this country towards a more robust national policy for our oceans, coasts and the Great Lakes and recognizes that we have a responsibility to protect the oceans and coasts for the benefit of current and future generations.”

Report attached hereto.

CRE Submits Comments to MMS on its Five Year OCS Program

The most helpful IPDs are those that encourage the posting of opposing views. To this end the IPD used to formulate the CRE comments on the Five Year OCS Plan contain comments received from the public on proposed CRE comments on the IPD. The public comments received by CRE are posted on the Discussion Forum of this site.

 The IPD also contains CRE’s reaction to the views of diverse persons including those who disagree with one or more aspects of CRE’s analyses. In addition the IPD provides a forum for all stakeholders to comment on the comments submitted by other stakeholders.

The data in the IPD will be augmented on a continuous basis by CRE and the public; it is for this reason that the CRE submission consists in part of a link to the IPD.

The thrust of the CRE comments are twofold and are attached hereto:

(1) There is authoritative legal precedent, in the D.C. Circuit, interpreting the environmental protection provisions of the Outer Continental Shelf Lands Act (“OCSLA”) to require that the Department of the Interior and its Minerals Management Service give primary emphasis to the goal of developing new oil and gas resources with potential environmental impacts a secondary concern.

(2) There are no data, which complies with the Data Quality Act, demonstrating that seismicexposure reduces foraging in sperm whales.

CRE Brasil Transmits Brazilian Field Guide to the IWC with Recommendations: Seeks Public Comment

The landmark Brazilian study entitled: WHALES, RIVER DOLPHINS, AND DOLPHINS IN THE CAMPOS BASIN, BRAZIL was transmitted to the International Whaling Commission with recommendations by CRE Brazil. The recommendations included actions to further regulate whale watching and to emphasize protective measures : pollution preventiion, ship traffic and fishing and cease undue emphasis on seismic operations

CRE welcomes public comment om this discussion forum.

The two docments to comment on are attached herewith.

Alliance of Communities for Sustainable Fisheries Demonstrate Lack of Transparency in Federal MPA Program

The  Alliance of Communities for Sustainable Fisheries demonstrate the lack of transparency in the federal MPA program. The Alliance states:

“Our experience is that the Federal guidelines for nomination and acceptance into the Federal MPA system allowed for all of these mistakes to happen without comment.  If the above list of problems with the California MPA system were put into question form, to serve as an analysis for future inclusion into the Federal Network, then this might be a place to begin in fleshing out some real criteria; i.e. “What credible evidence has been provided that there is widespread community support for the MPA Network, including support from those who seemingly have a direct cost in providing for the MPA?”, etc.:”

The Alliance also makes an important addition to the CRE analysis of MPAs:

“Regarding the National Marine Sanctuary standard for designation of a Sanctuary, we agree that this is a more thorough process than what is proposed by the National MPA Center.  However, a distinction needs to be made between a designation process for the Sanctuary, which requires an EIS and a wide variety of public support, from the way in which the National Marine Sanctuaries may be managed on a day to day basis.  For the routine management of the Sanctuaries, this is where in our opinion, the high standard breaks down.  We note that when queried, the Monterey Bay National Marine Sanctuary could not supply any metric as to the degree to which its own regulations meet the policies and purposes of the National Marine Sanctuary Act. ”

See Alliance comments attached.

CRE Seeks Comments on its Proposed Comments to MMS on OCS Leasing Program

Attached are CRE’s proposed comments to MMS on its Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010-2015 (DPP).

We call your particular attention to our conclusion that seismic operations have de minimis impact on marine mammals, see Section II , pg. 8 “ Oil and Gas Seismic Operations Do Not Affect Sperm Whale Foraging”

 For those of you interested in the encroachment of marine protected areas on OCS development and our conclusions that the OCS Act trumps marine protected area concerns, please see Section I  pg. 2,  “Analysis of Environmental Impacts under the OCSLA; Interpretation of the “Avoid Harm” Provision of E.O. 13158  on Marine Protected Areas (“MPAs”).”

 We would appreciate your posting your comments on the above article at  http://www.thecre.com/zoning-forum/  Merely type in your comments  under “Submit Post” and then press “Send”– feel free to attach supporting studies. All comments are  anonymous unless you provide personal identifiers.

CRE is going to post the comments it submits to MMS, as well as those of other  “influential” stakeholders, on the Interactive Public Docket (IPD) at http://www.thecre.com/creipd/  . CRE will then request that stakeholders submit reply comments to the comments submitted by other stakeholders on the IPD. A analysis of  reply  comments will be forwarded to MMS

Center for Regulatory Effectiveness

MMS OCS Comments

Peer Reviews of CRE Work Products are in the Discussion Forum

Visit the Discussion Forum of this IPD  to review  expert reviews of CRE work products. The reviews are in the Discussion Forum of this IPD and are accessible throught the “Discussion Forum” in the upper right hand corner of this page.

The public is encouraged to express its views–all posting are anonymous unless you type in your name.

US government regulatory agencies  have a virtual monopoly over regulatory dockets since they are open for only a limited period of time for public comment.  CREs Interactive Public Dockets are aimed at breaking this monopoly.

CRE work products are available for public comment  on this home page and in the CRE Interventions page in the upper right corner.

The Implications of the NOAA National System of Marine Protected Areas on the Outer Continental Shelf Lands Act

CRE invites public comment on the following paper, attached hereto, which will provide one basis for CRE supplying comments to MMS on its five year OCS program.

Short comments can be submitted by clicking on comments above; more detailed comments, particularly if there is an attachment thereto, should be presented as a separate submission by “Submit a Post” on the Discussion Forum.

You can append an attachment to your separate submission by clicking on “Browse” on the Discussion Forum, which will allow you to download a file from your documents section.

Please comment on the Attachment below: MMS Five Year Plan Conflict