I. White House Seeks Comments on Strategic Plan for Natural Capital Accounting
II. Lubchenco Touts Administration’s Ocean Initiatives
III. NOAA Extends Deadline for Ocean Research Advisory Panel Nominations
IV. UN BBNJ Intergovernmental Conference Session Ends Without an Agreement
V. POTUS Plans to Nominate Ambassador-at-Large for the Arctic Region
VI. WH Official Sanctioned by U.S. National Academy of Sciences
VII. NMFS Announces Mitigation Policy for Trust Resources
VIII. NOAA Seeks Comments on North Atlantic Right Whale Rule Changes
IX. Comment Deadline Extended for NMFS Draft Equity and EJ Strategy
X. Comments Sought on Draft Pacific Coast Port Access Route Study
XI. Coast Guard Announces Summary of Regional Port Access Route Studies
XII. NMFS Seeks Comments on Updated Recreational Fisheries Policy
XIII. NMFS Seeks Comments on MMPA Stock Assessment Guideline Revisions
XIV. NMFS Announces Availability of Stock Assessment Reports
XV. BOEM Seeks Comments on Draft EIS for Atlantic Wind Project
XVI. BOEM Seeks Comments on Interest in Gulf of Maine Wind Leasing
XVII. Comments Sought on Proposed Gulf of Maine Wind Research Lease
XVIII. Ocean-related Legislation Introduced in Congress
XIX. Commerce Leadership Weighs in on Labor Practices in Seafood Industry
XX. Comments Sought on Louisiana Restoration Plan
XXI. NMFS Announces Louisiana Restoration Plan
XXII. NMFS Announces Corrective Action for Alabama Restoration Project
XXIII. NOAA Announces Coastal Resilience Grants
XXIV. EPA Announces Gulf of Mexico Watershed Grants
XXV. EPA Announces Guidance for National Estuary Program
XXVI. BOEM Seeks Comments on O&G Production-related Information Collection
XXVII. BSEE Seeks Comments on Information Collections
XXVIII. Comments Sought on OCS Renewable Energy-related Info. Collection
XXIX. Comments Sought on Aquaculture-related Information Collection
XXX. Nominees Sought for Carbon Capture and Sequestration Task Force
XXXI. Nominees Sought for American Fisheries Advisory Committee
XXXII. Nominees Sought for Ocean Exploration Advisory Board
XXXIII. NOAA Announces Sanctuary Council, Seeks Nominees
XXXIV. S. Atlantic Fishery Mgmt. Council Meeting to Address Sanctuary Rule
XXXV. NE Fishery Mgmt. Council to Address MPAs, Energy, & Aquaculture
XXXVI. Pacific Fishery Mgmt. Council Meeting to Address Wind, Aquaculture
XXXVII. Marine Debris Committee to Hold Public Meeting
XXXVIII. Hydrographic Services Review Panel to Hold Public Meeting
XXXIX. Nat’l Offshore Safety Advisory Cmte. to Hold Public Meeting
XXXXX. Nat’l Towing Safety Advisory Cmte. to Hold Public Meeting
I. White House Seeks Comments on Strategic Plan for Natural Capital Accounting
The White House Office of Science and Technology Policy (OSTP) has announced the availability of a draft National Strategy to Develop Statistics for Environmental-Economic Decisions, with comments due by Friday, Oct. 21, stating that the natural capital accounts will mean that “[n]ature will finally be reflected on our nation’s balance sheet.”
Among other things, the draft Strategy notes that natural capital accounts (1) should be pragmatic and support decision-making that advances, among other thing, federal decision-making in programmatic, policy, and regulatory settings; and (2) could provide information needed to track progress toward conservation goals under the 30×30 initiative and help identify places that contribute to economic and non-economic conservation goals at least cost.
Additionally, the draft recommends initially focusing a pilot account on marine natural assets within the boundary of the National Income and Product Accounts used to determine GDP (fish stocks and marine minerals), which it says will allow tracking of progress on marine conservation, identification of areas for improvement, highlighting of trade-offs that may exist related to resource use and in marine planning, and consistently tracking marine ecosystem health and capacity to provide goods and services.
Other recommendations include using Energy Information Administration and Bureau of Ocean Energy Management data on marine minerals and oil and natural gas resources, NOAA vessel survey and Integrated Ecosystem Assessment data, National Marine Fisheries Service quarterly assessment reports, annual commercial landing statistics, and Marine Recreational Information Program data.
The initiative is an outgrowth of President Biden’s Earth Day executive order directing the Office of Management and Budget (OMB) to issue guidance on the valuation of ecosystem and environmental services and natural assets in federal regulatory decision-making.
Areas of particular interest for public feedback include likely and potential applications for U.S. natural capital associated and associated statistics that would improve government or private sector decision-making that are not described in the draft Strategy, established and widely-recognized systems of environmental-economic statistics or natural capital accounts that could strengthen the U.S. system, external factors that may affect the government’s ability to implement the Strategy, and ancillary or indirect consequences of developing natural capital accounts or associated statistics.
The draft Strategy was developed by an interagency working group led by OSTP, OMB, and the Commerce Department, with additional representatives from the Departments of Agriculture, Interior, Labor, State, and Treasury, the Environmental Protection Agency, NASA, the Domestic Climate Policy Office, Council of Economic Advisers, Council on Environmental Quality, National Economic Council, and Natural Security Council.
II. Lubchenco Touts Administration’s Ocean Initiatives
In remarks at the 2022 Azul U.S. Latinos and the Ocean Poll Briefing Event, White House Office of Science and Technology Policy Deputy Director for Climate and Environment Jane Lubchenco highlighted several ocean-related initiatives being implemented by the Biden Administration.
As to 30×30, she said that the conservation effort “emphasizes the importance of locally-led conservation efforts, informed by evidence and knowledge” and “frames conservation action as intimately connected with climate and equity goals.” Additionally, she noted the administration’s commitment to “sustainable management of 100% of our exclusive economic zones through a Sustainable Ocean Plan,” which she said would help “protect the ocean effectively, produce from it sustainably, and prosper from it equitably.”
Lubchenco said that the “balance of conservation, sustainable use, and equity makes for a powerful combination,” and that the Administration is also focused on working with local communities and diverse partners.
Other areas of federal action cited include the recent environmental justice position statement for ocean science and technology investments, development of ocean exploration and characterization priority areas, guidance on elevating Indigeouns Knowledge into federal science and decision-making, and development of an Ocean Climate Action Plan.
Additionally, Lubchenco referenced the creation of fully and highly protected marine protected areas, ocean’s role in carbon storage, clean energy development, and decarbonization of shipping as ways in which the ocean can help mitigate climate change impacts.
III. NOAA Extends Deadline for Ocean Research Advisory Panel Nominations
NOAA’s Office of Oceanic and Atmospheric Research has announced the extension of time for nominees to submit interest in serving on the Ocean Research Advisory Panel through Friday, Sept. 30.
Authorized by the National Defense Authorization Act, the Panel will include 10-18 members and advise the Ocean Policy Committee on policies and procedures to implement the National Oceanographic Partnership Program; matters relating to national oceanographic science, engineering, facilities, or resource requirements; improving diversity, equity, and inclusion in the ocean sciences and related fields; national ocean research priorities; and any other matters deemed appropriate by the Ocean Policy Committee.
In addition to 3 members representing the National Academies of Sciences, Engineering, and Medicine, members will be selected from among individuals who represent the views of ocean industries, State, tribal, territorial or local governments, academia, and such other views as the co-chairs consider appropriate, as well as individuals eminent in the fields of marine science, marine technology, and marine policy, or related fields.
IV. UN BBNJ Intergovernmental Conference Session Ends Without an Agreement
The 5th session of the United Nations’ Intergovernmental Conference on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) concluded without agreement on Aug. 26, as delegations paused negotiations to reach a compromise.
The Conference was established to develop text for an internationally legally binding instrument, and some expected that an agreement may be adopted at the end of the latest round of negotiations.
The UN noted that Pacific small island developing nations “expressed great disappointment,” while Conference President Rena Lee cited “excellent” progress and said she would request that the General Assembly authorize a resumed 5th session.
V. POTUS Plans to Nominate Ambassador-at-Large for the Arctic Region
Citing a need to “further American interests and cooperation with Alliance and partners in the Arctic, the U.S. State Department recently announced President Biden’s intention to appoint an Ambassador-at-Large for the Arctic Region, with the position subject to confirmation once a nomination is submitted to the Senate.
The State Dept. said that the position will advance U.S. policy in the region, engage with counterparts in Arctic and non-Arctic nations, and work closely with domestic stakeholders, working in close partnership with the U.S. Senior Arctic Official, the federal Arctic science community, and the Arctic Executive Steering Committee.
VI. WH Official Sanctioned by U.S. National Academy of Sciences
Following a retraction last year by the Proceedings of the National Academy of Sciences of the United States of America of an edited by White House Office of Science and Technology Policy Director Jane Lubchenco, the American Association for the Advancement of Science reported on the decision of the U.S. National Academy of Sciences (NAS) to bar Lubchenco from receiving NAS honors or working on NAS or National Research Council publications or programs for 5 years.
The paper was retracted in 2021 due to flawed modeling as well as a conflict of interests between Lubchenco and authors of the paper.
In a statement, Lubchenco said that she “accept[s] these sanctions for my error in judgment in editing a paper authored by some of my research collaborators—an error for which I have publicly stated my regret.”
VII. NMFS Announces Mitigation Policy for Trust Resources
NOAA’s National Marine Fisheries Service has announced the release of the agency’s first comprehensive Mitigation Policy for Trust Resources, which it said would improve conservation through avoidance, minimization, and compensation for adverse impacts to natural resources while advancing clean energy, infrastructure, and environmental goals.
The policy will apply to projects subject to permit approvals and projects that receive NOAA funding or involve NOAA involvement.
In determining mitigation measures, NOAA says it will:
- Generally recommend or require avoiding adverse impacts to high value habitats;
- Use the best scientific information available;
- Apply a holistic landscape and/or seascape approach;
- Promote mitigation policies with a high probability of success;
- Consider climate change and climate resilience when evaluating and developing mitigation measures;
- Implement compensatory mitigation that is proportional to impacts to NOAA trust resources and offset those impacts to the full extent provided by NOAA authorities;
- Use preservation of intact habitat as compensation appropriately; and
- Collaborate with partner agencies and stakeholders
VIII. NOAA Seeks Comments on North Atlantic Right Whale Rule Changes
NOAA has announced that it is seeking comments by Friday, Sept. 30 on proposed changes to North Atlantic right whale protections, including modification of spatial and temporal boundaries of current speed restriction areas, inclusion of most vessels between 35-65 feet, creation of a Dynamic Speed Zone framework to implement mandatory speed restrictions when whales are known to be present outside active Seasonal Management Areas, and an update to the existing rule’s safety deviation provision.
In announcing the proposed rule, NOAA said that changes to existing regulations are “essential to stabilize the ongoing right whale population decline and prevent the species’ extinction.”
IX. Comment Deadline Extended for NMFS Draft Equity and EJ Strategy
NOAA’s National Marine Fisheries Service has announced the extension of the comment period on its draft Equity and Environmental Justice Strategy through Friday, Sept. 30. NMFS cited requests from partners and stakeholder communities in announcing the extension.
The draft Strategy includes goals for prioritizing the identification, equitable treatment, and meaningful involvement of underserved communities, providing equitable delivery of services, and prioritizing equity and environmental justice in NMFS’ mandated and mission work, as well as 6 associated short-term objectives that include the incorporation of equity and environmental justice in agency policies and plans, equitable distribution of benefits, and inclusive governance.
X. Comments Sought on Draft Pacific Coast Port Access Route Study
The Coast Guard has announced that comments are being sought by Tuesday, Oct. 25 on a draft Pacific Coast Port Access Route Study, which evaluates safe access routes for vessel traffic and seeks to determine whether a shipping safety fairway and/or routing measures should be established, adjusted, or modified.
The notice states that the Coast Guard has found a need to establish voluntary fairways for coastwise and nearshore vessel traffic to promote navigation safety. Information on the proposed fairways is accessible here, here, and here.
XI. Coast Guard Announces Summary of Regional Port Access Route Studies
The Coast Guard has announced the availability of a summary of findings of port access route studies conducted for the Northern New York Bight, Seacoast of New Jersey including offshore approaches to the Delaware Bay, DE, approaches to the Chesapeake Bay, VA, and the Seacoast of North Carolina.
In announcing the availability of the consolidated findings, the Coast Guard said that the studies supplemental to the Atlantic Coast Port Access Route Study had concluded.
XII. NMFS Seeks Comments on Updated Recreational Fisheries Policy
NOAA’s National Marine Fisheries Service has announced that it is seeking comments through Dec. 31, 2022 on updates to the agency’s 2015 National Policy for Saltwater Recreational Fisheries.
In announcing the update, NMFS said that NOAA “recognizes the need to adapt with a changing climate and the evolving needs of recreational fisheries and anglers,” with Asst. Administrator for NOAA Fisheries Janet Coit calling recreational anglers “one of NOAA Fisheries key constituencies” and saying she is “eager for input…to help shape how NOAA Fisheries advances sustainable recreational fishing opportunities at a time when ocean uses and ecosystems are changing rapidly.”
Specific areas of interest include how the 2015 policy statement, policy’s scope, policy goals, and guiding principles might be amended to better frame NMFS’s approach to recreational fisheries, include appropriate participants and policies, better inform NMFS’ focus for recreational fisheries, and better guide NMFS objectives and actions.
XIII. NMFS Seeks Comments on MMPA Stock Assessment Guideline Revisions
NOAA’s National Marine Fisheries Service has announced that it is seeking comments by Monday, Sept. 26 on draft revisions to the Guidelines for Preparing Stock Assessment Reports under the Marine Mammal Protection Act. The MMPA requires NMFS and the Fish and Wildlife Service to prepare stock assessments for each stock of marine mammals occurring in U.S. waters.
Potential revisions pertain to incorporation and reference of a procedural directive on reviewing and designating stocks and issuing stock assessment reports, calculation of minimum population abundance in post-survey years, addressing sources of bias, designating stocks as strategic and related recovery factors, improving language related to quantifying and including unobserved mortality and serious injury, the inclusion and incorporation of information on climate change, biologically important areas, and habitat issues, clarification of expectations on peer review of report information, and data sources and criteria used for documenting human-caused mortality and serious injury.
XIV. NMFS Announces Availability of Stock Assessment Reports
NOAA’s National Marine Fisheries Service has announced its release of 50 final 2021 marine mammal stock assessment reports that were updated and finalized.
The Marine Mammal Protection Act requires NMFS and the U.S. Fish and Wildlife Service to prepare stock assessment reports for each stock of marine mammals occurring in waters under the jurisdiction of the United States, and mandates that they be revised if the status of the stock changes or can be more accurately determined.
Information in the stock assessment reports is used to identify and evaluate the status of marine mammal populations and the effects of human activities on them, authorize the taking of marine mammals incidental to human activities, develop and implement conservation measures, and evaluate fishery progress in reducing incidental mortality and serious injury to insignificant levels.
XV. BOEM Seeks Comments on Draft EIS for Atlantic Wind Project
The Interior Department’s Bureau of Ocean Energy Management has announced that it is seeking comments by Monday, Oct. 17 on a draft Environmental Impact Statement for the construction and operations plan submitted by Revolution Wind, LLC for a proposed wind farm off Rhode Island.
In conjunction with the comment period, BOEM will hold in-person meetings on Tuesday, Oct. 4 (Aquinnah, MA), Wednesday, Oct. 5 (East Greenwich, RI), and Thursday, Oct. 6 (New Bedford, MA), as well as two online meetings on Thursday, Sept. 29 and Tuesday, Oct. 11.
At its maximum, the project is estimated to have a total capacity of 704-880 megawatts and up to 100 wind turbine generators.
BOEM Director Amanda Lefton called collaboration with stakeholders and ocean users throughout the leasing and development process “vital,” adding that BOEM is “committed to maintaining open and transparent communication with all stakeholders, and value[s] public input.”
XVI. BOEM Seeks Comments on Interest in Gulf of Maine Wind Leasing
The Interior Department’s Bureau of Ocean Energy Management has announced that it is seeking interest and public comments by Monday, Oct. 3 on potential commercial wind energy leasing in ~13.7 million acres of federal waters in the Gulf of Maine off Massachusetts, New Hampshire, and Maine. Information obtained during the comment period will inform BOEM’s decision on whether to schedule a competitive lease sale or issue a noncompetitive lease in the Gulf of Maine.
Interior Secretary Deb Haaland called the announcement “one of the many milestones that this Administration has achieved to advance offshore wind development, create good-paying jobs, and lower consumer energy costs, while collaborating with our government partners, Tribes and key stakeholders to protect biodiversity, advance environmental justice and safeguard other ocean uses.”
BOEM Director Amanda Lefton said that her agency “recognizes the rich cultural heritage and ecological importance of the Gulf of Maine region, which is why we are using the best available science and traditional knowledge from ocean users and other stakeholders in our planning and leasing process,” adding that BOEM is “committed to a transparent, inclusive and data-driven process that avoids or minimizes potential conflicts with marine life and ensures all ocean users flourish.”
XVII. Comments Sought on Proposed Gulf of Maine Wind Research Lease
The Interior Department’s Bureau of Ocean Energy Management has announced that it is seeking indications of interest and comments by Monday, Oct. 3 on the State of Maine’s proposal for a lease in ~9,700 acres of the Gulf of Maine to conduct wind energy research activities. BOEM’s Request for Competitive Interest includes ~68,000 acres in the Gulf of Maine.
Maine’s proposal would involve the use of up to 12 floating offshore wind turbines capable of generating up to 144 megawatts of energy.
XVIII. Ocean-related Legislation Introduced in Congress
Offshore Energy
U.S. Rep. Steve Scalise (R-LA) has introduced H.R. 8437 (“Budgeting for Renewable Electrical Energy Zone Earnings (BREEZE) Act”), a bill that would expand the sharing of revenue from Gulf of Mexico oil and gas production in federal waters with adjacent states from 37.5% to 50%, eliminate the annual Gulf of Mexico oil and gas revenue sharing cap, and establish revenue sharing for wind leasing and production in federal waters (50% to eligible states, 37.5% to North American Wetlands Conservation Fund, and 12.5% to U.S. Treasury). Co-sponsored by Rep. Troy Carter (D-LA), the bill was later referred to the House Natural Resources and Budget Committees.
U.S. Rep. Garret Graves (R-LA) has introduced a resolution directing the Interior Secretary to provide information related to the offshore oil and gas leasing program being developed for 2023-2028. The resolution was later referred to the House Natural Resources Committee.
Ocean Acidification
U.S. Rep. Salud Carbajal (D-CA) has introduced H.R. 8456 (“Ocean Acidification Research Partnerships Act”), a bill that would establish a grant program for collaborative ocean acidification research projects developed and conducted through seafood industry/academic community partnerships, and authorize $5 million annually for FY 2023-2027. Co-sponsored by Rep. Brian Fitzpatrick (R-PA), the bill was later referred to the House Science, Space, and Technology Committee.
IUU Fishing/Seafood Imports
U.S. Sen. Dan Sullivan (R-AK) has introduced S. 4773 (“Fighting Foreign Illegal Seafood Harvests (FISH) Act of 2022”), a bill that would require the NOAA Administrator to publish a black list of vessels determined to have conducted illegal, unreported, and unregulated fishing that would be denied port privileges, certain travel through, delivery of supplies and services, and transshipment in the Exclusive Economic Zone. Among other things, the bill would also impose sanctions on owners of blacklisted vessels and require U.S. Customers and Border Protection regulations to prevent imported seafood and seafood products from foreign vessels using forced labor.
Co-sponsored by Sen. Sheldon Whitehouse (D-RI), the bill was later referred to the Senate Commerce, Science, and Transportation Committee.
U.S. Rep. Clay Higgins (R-LA) has introduced H.R. 8732 (“Imported Seafood Safety Standards Act”), a bill that would prohibit the import of seafood into the United States from a foreign country unless it is certified that the seafood imported from that country is maintained through a program using reliable analytical methods to ensure compliance with U.S. seafood manufacturing, processing, and holding standards. The bill was later referred to the House Energy and Commerce Committee.
Arctic
U.S. Sen. Lisa Murkowski (R-AK) has introduced S. 4736 (“Arctic Commitment Act”), a bill that among other things would establish an Arctic Shipping Federal Advisory Committee, reauthorize the Arctic Executive Steering Committee, require consultations to ensure that the Port of Nome is usable for implementing federal Arctic strategies, expand financial support for Arctic countries, authorize an export license for all forms of hydrogen, and require reports on Arctic research programs, establish persistent presence of the Navy of Coast Guard in the U.S. Arctic, and eliminating the Russian “monopoly” on Arctic shipping.
Co-sponsored by Sen. Angus King (I-ME), the bill was later referred to the Senate Commerce, Science, and Transportation Committee.
XIX. Commerce Leadership Weighs in on Labor Practices in Seafood Industry
In conjunction with a stakeholder summit held in late July, U.S. Commerce Secretary Gina Raimondo and NOAA Administrator Rick Spinrad shared their thoughts on the discussion, which focused on ending forced labor and promoting decent work in the seafood sector.
Sec. Raimondo said that “[e]veryone deserves a safe workplace,” stressing the importance of public-private partnerships and coming together to promote human rights, labor rights, and fundamental freedoms.
Administrator Spinrad underscored NOAA’s commitment to making progress to end illegal labor practices and promote legal, safe, and healthy working conditions in the fishing industry and seafood supply chain. In doing so, he noted the invitation for stakeholders to join the Collaborative Accelerator for Lawful Maritime Conditions in Seafood, adding that NMFS will pursue public-private partnerships in the coming months through the new initiative. |
