Department of Commerce Publishes Marine Protected Areas Report in Response to Executive Order 13783
President Trump’s Executive Order 13783 “Promoting Energy Independence and Economic Growth” requires that
“The heads of agencies shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) that potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources. Such review shall not include agency actions that are mandated by law, necessary for the public interest, and consistent with the policy set forth in section 1 of this order.”
This Executive Order establishes deadlines for publishing the agencies’ report on this review.
With regard to Marine Protected Areas, the U.S. Department of Commerce’s EO 13783 Report states:
“4. National Marine Sanctuaries Act; 15 CFR Part 922.10-11 — National Marine Sanctuary Nomination Process These rules invite communities across the nation to nominate places in the U.S. marine environment and Great Lakes for consideration as national marine sanctuaries. The nomination process embodied in these rules establishes a careful evaluation process for public nominations and looks at, among other things, whether nominations have special historical or ecological significance, any potential threats and impacts facing marine resources, and whether the location has other important economic uses.”
“7. Implement Standards for a Thorough Cost-Benefit Analysis to Be Conducted before National Marine Sanctuaries Are Designated under the NMSA The National Marine Sanctuaries Act and NEPA allow for a cost-benefit analysis to be conducted before marine sanctuaries are designated under the NMSA. The NMSA designation standards (Section 303) require a socioeconomic analysis, including benefits and impacts to existing activities and uses of an area considered for designation. Additionally, the Regulatory Flexibility Act requires an economic analysis to evaluate impacts of national marine sanctuary regulations on small businesses. Under Section 4(a) of Executive Order 13795, NOAA will work with the Department of the Interior to ensure a full accounting of any energy or mineral resource potential within the proposed sanctuary designation area. The Energy Subcommittee recommends that the Department work with Department economists and OMB to implement improved standards to adequately assess the potential costs and benefits to business communities, infrastructure, and the environment before sanctuaries are designated.”
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