On December 21, 2016, the Center for Regulatory Effectiveness filed comments on the U.S. National Marine Fisheries’ Service’s Notice of Availability of a Final Environmental Impact Statement for Effects of Oil and Gas Activities in the Arctic Ocean. CRE’s comments included the following points.
NMFS should not use its new “Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing” (“Acoustic Guidance”) in the FEIS or for any other purpose. NMFS developed its Acoustic Guidance in violation of OMB’s Peer Review Bulletin. The Guidance is a rule, and NMFS developed it in violation of Executive Orders 12855 and 13563. NMFS does not have and OMB should not approve an Information Collection Request authorizing use of the Acoustic Guidance.
NMFS should not try to impose Long Term Monitoring Plans in in the Arctic.
If NMFS cannot identify a public administrative record demonstrating validation of the FEIS models, then NMFS should not use those models.
