Chairman Hastings Joins 12 Members in Launching Endangered Species Act Working Group

Group will continue Committee's examination of ESA litigation

On Thursday, Members of the House of Representatives, representing a broad geographic range, announced the creation of the Endangered Species Act (ESA) Working Group.

The Managing Our Nation's Fisheries 3 conference wrapped up with conference participants developing 128 recommendations for improving fishery sustainability. The draft recommendations are posted online in the link below and will be further elaborated in the conference proceedings. Find all recommendations here

http://www.managingfisheries.org/2013%20documents/MONF_Findings.pdf

The conference was coordinated by the eight Regional Fishery Management Councils and NOAA Fisheries, and was sponsored by both fishing industry and environmental groups.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

 This request is for a new information collection.

Written comments must be submitted on or before July 8, 2013.

Since its inception, a key priority of MRIP has been to explore new technologies and new methods to gather catch and trip information from the charter for-hire industry. A pilot study was recently completed that tested the feasibility of using electronic logbooks to collect landings and fishing effort data. An MRIP Project Team comprised of partners from Florida, Texas, and the Gulf States Marine Fisheries Commission, as well as a group of independent experts, worked alongside for-hire captains to design a pilot program to collect catch and effort data in the Florida Panhandle and Corpus Christi, Texas, during 2010 and 2011. The final project report, which provides results and recommendations for future work, is now available online at  www.countmyfish.noaa.gov. 

Key project findings include the following:

The United States Coast Guard is requesting applications from qualified candidates seeking consideration for appointment as members to the Merchant Mariner Medical Advisory Committee (MEDMAC). MEDMAC provides advice to the United States Coast Guard on matters related to medical certification determinations for issuance of licenses, certificates of registry, and merchant mariners' documents; medical standards and guidelines for the physical qualifications of operators of commercial vessels; medical examiner education; and medical research.

Applicants must send a cover letter describing their interest, reasons for application, and qualifications, and should enclose a complete professional biography or resume to LT Ashley Holm, the Alternate Designated Federal Officer (ADFO). Applications will be accepted from the time the notice is published until May 29, 2013.

NOAA's draft Five Year Research and Development Plan is available for public review and comment until June 3, 2013. This plan will guide NOAA's research and development activities over the next five years, from 2013-2017. The Plan provides a common understanding among NOAA's leadership, workforce, partners, constituents, and Congress on how the agency's R&D creates value. This plan will help NOAA and the public monitor and evaluate the agency's progress and learn from its experiences.

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to retroactively disapprove dredge and fill permits issued by the U.S. Army Corps of Engineers ("Corps") under section 404 of the Clean Water Act.  As a result of the decision, even after a regulated entity lawfully obtains a section 404 permit from the Corps, at any time during the life of that permit EPA can exercise its authority – independent from the Corps – to revoke the permit.  The decision further complicates the already byzantine process of obtaining authorizations necessary for public works and private development projects.

Under section 404, any person seeking to discharge dredged or fill material into waters within the Corps’ jurisdiction must secure a permit.  Subsection 404(a) provides that the Secretary of the Army, who acts through the Corps, "may issue permits ... at specified disposal sites" for the dredging or filling of navigable waters.  Subsection 404(c) states that EPA "is authorized to prohibit the specification ... of any defined area as a disposal site...."  Thus, the Corps can issue a permit and identify where the waste can be disposed of, but EPA can veto the disposal site.

The Pacific Council will host a meeting of the Council Coordination Committee (CCC) consisting of the eight Regional Fishery Management Council (RFMC) chairs, vice chairs, and executive directors and its subcommittees in May 2013. The intent of this meeting is to discuss issues of relevance to the Councils, including: budget issues, CCC meeting protocols, Managing Our Nation's Fisheries 3 (MONF3) conference results, Endangered Species Act transparency, electronic monitoring, allocation review process, Department of Commerce Office of the Inspector General report action plan, new environmental review process, other topics of concern to the RFMC, and decisions and follow-up activities.

The meeting will begin at 10 a.m. on Monday, May 6, 2013, and recess at 5:30 p.m. or when business is complete; reconvene at 1:30 p.m. on Thursday, May 9, 2013 and recess at 5 p.m. or when business is complete; and reconvene at 9 a.m. on Friday, May 10, 2013 and adjourn by 5:30 p.m. or when business is complete.

This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.

The meeting will be held May 9, 2013 from 1 p.m. to 5 p.m. and May 10, 2013, from 8 a.m. to 5 p.m.

Concerns Remain Over Potential Impacts

NACO is a member of the NOPC, which is an organization of diverse interests united to ensure that the implementation of the new National Ocean Policy is done in such a way that it is helpful rather than harmful to the National interest, including the interests of commercial and recreational users of the oceans and marine-related natural resources. NOPC membership in particular represents entities and sectors that support tens of millions of jobs and contribute trillions of dollars to the U.S. economy.

Following an initial review of the National Ocean Policy Final Implementation Plan released earlier today (4-16-13), significant questions and concerns remain about whether continued implementation of this initiative will adversely impact commercial and recreational activities across the United States.  In response to the plan’s release, National Ocean Policy Coalition Executive Director Brent Greenfield issued the following statement:

“Since it was first proposed in 2009, commercial and recreational groups, state and local officials, Members of Congress, and citizens across the nation have voiced concerns that the National Ocean Policy could result in new federal directives, bureaucratic layers, and regulatory uncertainties that stand in the way of jobs and economic and recreational activities.  Although the final document released today appears to take a more practical approach than the 2010 Executive Order and the draft plan proposed in 2012, many of the same concerns remain today.