Ocean Zoning Discussion Forum

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 due) so that we can give them adequate consideration prior to making our filing.

Because there is some overlap between the Wherly and Hervic comments, we are responding to them together.

ResponsetocommentsonCREanalysisofsec5ofEO8.19.09.doc (42 KB)

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 on the Department of the Interior, Minerals Management Service’s (“MMS”)) Draft Proposed 5-Year Outer Continental Shelf Oil and Gas Leasing Program for 2010-2015 (“DPP”). I would like to preface these comments to first give credit to the CRE for providing an accessible forum to the public regarding important issues that concern us all, for encouraging public comments and inviting all points of view.

Introduction

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 create additional Marine Protected Areas within the Sanctuary (which is in itself an MPA.)

First I will reiterate a written comment which the ACSF provided to the NOAA MPA Center regarding nominations for MPAs. Our comment was in regard to the nomination and acceptance of the California Marine Life Protection Act MPAs into the network. We commented that if this network was accepted into the Federal network, without any analysis it would indicate an inherent flaw in the nomination system for MPAs. To be specific, regarding the California MPA’s:

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 Stephen Wehrly alone.

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)