Ocean Zoning Discussion Forum

Several articles have identified marine spatial planning by a more informative title, ocean zoning.

Todd R. Burns is a District of Columbia and Maryland barred attorney specializing in renewable energy law and advocacy. Mr. Burns has worked in both the federal (EPA, CEQ, DOE) and the private sector (The Stella Group, Ltd), on a variety of issues including environmental law, information and privacy law, renewable energy, and National Environmental Policy Act litigation.

Attached is Peter Basanti’s comments on the Interagency Ocean Policy Task Force report.

comment[1].doc (44 KB)

Attached are CRE’s comments on the Interim Report of the Interagency Ocean Policy Task Force.

CRE welcomes discussion and comment on its analysis.

In accord with the President’s emphasis on transparency and open government, CRE is posting a comment prepared by several dozen environmental organizations. The comment is attached hereto.The public is encouraged to comment on the comments made by the environmental groups. CRE will analyze the resultant comments and submit them to CEQ.

CRE has also submited comments on the President’s Ocean Zoning Inititative and they are available at http://www.thecre.com/creipd/?p=133

CRE also encourages the public to comment on CRE’s comments. In developing its comments, CRE provided the public with an opportunity to comment on a draft of the CRE comments; the comments CRE received … Continue Reading

CRE Brasil’s endorsement in its White Paper of Professor Sicialono’s conclusions in the Field Guide entitled, “Whales, River Dolphins, and Dolphins in the Campos Basin”(“Whale Report”), and request for inclusion in the International Whaling Commission’s agenda (IWC) is alarming. The conclusion reached in the Whale Report is that oil and gas exploration and production in the Campos Basin area do not constitute a threat to marine mammals. CRE Brasil’s endorsement is alarming because of the potential consequences of the Whale Report’s conclusion, which is based upon the premise that “everything is done with the greatest care” regarding oil and gas … Continue Reading

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.

CRE Response to Comments on
Its Draft Analysis of Section 5 of E.O. 13158

We very much appreciate the comments on the CRE draft comments submitted by Mr. Wehrly and Ms. Hervic. Such comments are very useful in identifying potential errors, omissions, or the need for clarification. Below are our tentative responses to what we perceive as the main points in the comments. If the commenters believe we have misunderstood their points, or wish to make additional points, we presume that they will send us additional comments sufficiently prior to September 21, 2009 (when public comments to MMS are … Continue Reading

Comments
By Joëlle Hervic

Joëlle Hervic is a litigation attorney, specializing in environmental law. Ms. Hervic’s experience includes Clean Water Act, CERCLA, water law, global climate change, and human rights law. Ms. Hervic’s focus has been on environmental law as an Associate Attorney with an AmLaw 200 law firm, as a consultant with the World Bank and with Waterkeeper Alliance. As Senior Attorney with Waterkeeper Alliance, Ms. Hervic was responsible for addressing deficiencies in the regulation and enforcement of pollution in the Chesapeake Bay from agricultural sources, in particular from Concentrated Animal Feeding Operations.

Following is a response to CRE’s Working Draft Comments … Continue Reading

Comments on The Center for Regulatory Effectiveness Conclusions on OCS Leasing and MPAs.
Representing the Alliance of Communities for Sustainable Fisheries (http://www.alliancefisheries.com)

I would like to provide comments on Mr. Tozzi’s “analysis” and also on comments regarding a response received from Mr. Steve Nelson of George Mason University.

My organization represents recreational and commercial fishing men and women of the Central Coast in California, along with their communities. We have a great deal of experience in dealing with California’s Marine Protected Area process, the designation and management of the Monterey Bay National Marine Sanctuary, and the recent effort by the Monterey Sanctuary to … Continue Reading

Draft Proposed 5-year Outer Continental Shelf
Oil and Gas Leasing Program for 2010

Comments on the Comments of The Center for Regulatory Effectiveness
By Stephen Wehrly

Mr. Wehrly is an attorney and lobbyist who in 2008 represented an international environmental advocacy organization in Washington, DC, on offshore drilling and related issues, and, for twelve years, an Indian Tribe in Washington state involved in regional environmental and natural resources issues. For 29 years, Mr. Wehrly lobbied legislative and rulemaking venues in Washington, DC, and Washington State on behalf of business, association, and citizen action clients. This paper presents the views and arguments of … Continue Reading

Herein I present recent information on the impacts of seismic activites on gray whales near Sakahlin, Russia.
– Steve Nelson

crc_sakhalin_1aug.doc (1004 KB)

There are currently 1,700 MPAs, designated and managed by federal, State, territorial and local agencies. Effectively balancing oil and gas development and production while ensuring the avoidance of harm to the environment becomes an overwheling task for the Department of the Interior. Would each (MPA) exploration case be examined in a case-by-case basis and how would decisions be made. The Department of the Interior would have to make a decision as to which is the current highest priority (i) oil and gas development and production, or (ii) avoiding harm to natural and cultural resources. From an … Continue Reading

As indicated on page 2 of the CRE report, President Clinton issued Executive Order 13158 on May 26, 2000. In May 2000, the approximate price of crude oil was $35.00 a barrel (inflation adjusted) and the stocl market was soaring with the Dow at approximately 11,000. Additionally, the geopolitical climate, in particular, America’s relationships with oil producing nations (e.g. Venezuela, Iran, etc.) was very different than it is today. I would argue, in fact, that when the D.C. Circuit Court ruled in 1981 in “State of California ex rel Brown” that development of oil and gas resources on the OCS … Continue Reading

The appended is “A Legal Perspective on the ‘Avoid Harm’ Provision of E.O. 13158.” I support any efforts to ensure the continued viability of the marine protected areas, and I also favor industrial development of America’s natural resources. I offer this paper to ensure that your legal arguments are sound when you go to Court, regardless of your perspective on environmental protection vs. development (if there has to be a “versus”).

-Catherine Park, Esq.

Legal Perspective on EO 13158.doc (48 KB)

This is an interesting area of research and law. The sample size of the studies, for example, 12 or 20 sperm whales, seem to be too small to extrapolate to the whale community at large. Also, are these whales from a singular pod, are they related? Is there a leader of this group? If so, any avoidance of the noises, or lack of avoidance could be due to the preferences of the leader, which would mean the studies are based on one whale, or whales that are related in any case. Also, my understanding is … Continue Reading

Herein I provide “Considerations regarding NOAA’s Proposed System of Marine Protected Areas: A review of recent comments from the Center for Regulatory Effectiveness.”
– Steve Nelson

MPA_Considerations.doc (354 KB)

CRE has sent the attached comments to the Office of Science and Technology (OSTP) in response to their Federal Register notice requesting public input on their updating of the 2007 document, “Charting the Course for Ocean Science in the United States for
the Next Decade: An Ocean Research Priorities Plan and Implementation Strategy.”

CRE requested that OSTP make all comments public as soon as possible so that they can be posted on the Ocean Zoning IPD. Once the comments are posted, CRE will invite all interested persons to comment on the public submissions. CRE will prepare a public report based on: … Continue Reading

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 below; more detailed comments, particuarly if there is an attachment thereto, should be presented as a separate submission by “Submit a Post” to the right.

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

MMS MPA Five Year Plan Conflict ….pdf … Continue Reading

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 below; more detailed comments, particuarly if there is an attachment thereto, should be presented as a separate submission by “Submit  a Post” to the right.

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

This is yet another grab for power by an out-of-control Federal Government. Does no one read the Constitution?

U.S. Constitution: Tenth Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The Federal Government has plenty to do (like their jobs as outlined in the Constitution), without adding this juggernaut of new laws and the powers they deliver (out of the hands of the People and the States) to un-elected Bureaucrats.

If you are not aware that the US already uses ocean zoning in a great variety of ways, this new initiative might sound like additional government interference. But that is not the case. We already have ocean zoning but it is not well organized, nor does it balance the needs of the many sectors that depend upon ocean resources. The new initiative is a chance to achieve this balance. This initiative will make our use of our territorial waters more sustainable, more organized, more effective, more fair, and more beneficial to US citizens. Most important, … Continue Reading

What a crock of xxx  this is. With the problems of the Democrats in power it would seem that they would have some meaningful priorites instead of this enviornmental xxx .[editors note: please no profanity].

State-of-the art technology allows you to merely type a title in the box to the right, them type the text and scroll down to “Send” and click on it.

If you wish to include an attachment, click on “Browse”. download the attachment from your “documents” section on your computer and clck on “Upload Now”, then click on “Send”.

All post are anonymous unless resopondent types in name, email or organization.

There are a number of topics on this page dealing with ocean zoning. All posts on this site are interactive, simply click on” comments ” in upper left hand corner of this post … Continue Reading

NOAA’s Marine Protected Areas (MPA) Federal Advisory Committee has the responsibility for commenting on NOAA’s MPA program. Notwithstanding its well defined charter, NOAA is not using the committee to address major policy issues.

CRE has recommended that OSTP, working with OMB,  require that  federal advisory committees  give the public the right to comment on their proposed agendas.

What are your views?

Read the CRE comments in the attachment hereto.

FACA Ocean