On June 5, 2017, the Center for Regulatory Effectiveness filed comments with the U.S. National Marine Fisheries Service on NMFS’ Proposed Regulations Governing Takes of Marine Mammals Incidental to the U.S. Air Force 86 Fighter Weapons Squadron Conducting Long Range Strike Weapons System Evaluation Program at the Pacific Missile Range Facility at Kauai, Hawaii, 86 FR 21156 (May 5, 2017),
CRE’s comments included the following and other points.
- NMFS use of the Acoustic Guidance conflicts with Section 10 of Executive Order 13795.
- NMFS does not have an OMB-approved ICR for the Acoustic Guidance
- NMFS is violating the Information Quality Act by claiming that NMFS has an OMB-Approved ICR for the Acoustic Guidance
CRE’s comments recommended the following and other NMFS Actions.
NMFS should not use the Acoustic Guidance for any regulatory purpose pending the
Commerce Secretary’s review of it.
NMFS should repudiate, remove and retract any claim or indication that OMB has
approved an ICR for the Acoustic Guidance.
NMFS should correct all NMFS information disseminations that require or suggest
that the Acoustic Guidance may be used for any regulatory purpose.