The Obama administration has revoked a controversial regulation that eliminated the long-standing requirement forcing government agencies to consult with biologists at the Fish and Wildlife Service and NOAA Fisheries when proposing an action that would impact a species listed as endangered or threatened.
Interior secretary Ken Salazar and Commerce secretary Gary Locke, in immediately revoking the last-minute Bush administration regulatory change, used power given them by a provision in the 2009 Omnibus Appropriations Act. In addition, President Barack Obama had directed the cabinet officials to review the Bush ESA regulation.
The Bush administration's regulation was finalized in December 2008 and took effect January 15, 2009.
Showing posts with label Department of Commerce. Show all posts
Showing posts with label Department of Commerce. Show all posts
Tuesday, April 28, 2009
Thursday, January 8, 2009
GAO Report Says Bush Didn't Protect Marine Mammals
A new Government Accountability Office (GAO) report released today concludes that the National Marine Fisheries Service (NMFS) (now NOAA Fisheries) has not protected marine mammals from incidental injury or death resulting from commercial fishing activities.
Marine mammals that inhabit waters near commercial fishing can become entangled in fishing gear, often referred to as "incidental take." The Marine Mammal Protection Act (MMPA) requires the NMFS to establish teams comprised of experts from the scientific community and the fishing industry to devise methods to reduce interactions between certain marine mammals and commercial fishing activities in an effort to prevent incidental deaths of these species.
The GAO report found that NMFS has failed to establish those teams for nearly half of the marine mammal stocks afforded protection under the MMPA, leaving these species severally jeopardized by commercial fishing activities. The agency also lacks a comprehensive process to evaluate the effectiveness of the methods proposed by teams that have been established.
The GAO report is here.
Marine mammals that inhabit waters near commercial fishing can become entangled in fishing gear, often referred to as "incidental take." The Marine Mammal Protection Act (MMPA) requires the NMFS to establish teams comprised of experts from the scientific community and the fishing industry to devise methods to reduce interactions between certain marine mammals and commercial fishing activities in an effort to prevent incidental deaths of these species.
The GAO report found that NMFS has failed to establish those teams for nearly half of the marine mammal stocks afforded protection under the MMPA, leaving these species severally jeopardized by commercial fishing activities. The agency also lacks a comprehensive process to evaluate the effectiveness of the methods proposed by teams that have been established.
The GAO report is here.
Tuesday, December 30, 2008
California Tries to Block Bush ESA Changes
The state of California has filed a lawsuit challenging the Bush Administration's last-minute changes to Endangered Species Act regulations.
In a filing Monday night with the U.S. District Court in San Francisco, attorney general Jerry Brown alleged that the Interior Department's proposed changes, which would eliminate agency obligations to consult with the U.S. Fish & Wildlife Service or NOAA Fisheries before engaging in development activities that might impact a listed species, violate the ESA itself.
“The Bush Administration is seeking to gut the Endangered Species Act on its way out the door,” Brown said. “This is an audacious attempt to circumvent a time-tested statute that for 35 years has required scientific review of proposed federal agency decisions that affect wildlife.”
The lawsuit also alleges that the Interior and Commerce departments, by issuing the new regulations, violated the National Environmental Policy Act by failing to consider the environmental ramifications of the proposed new regulations and the Administrative Procedures Act by not adequately considering public comments.
The Bush administration's late changes to the ESA regulations also remove a requirement that federal agencies consider greenhouse gas emissions before approving development projects on public land.
The regulations were proposed in August and finalized Dec. 16.
The complaint is here.
In a filing Monday night with the U.S. District Court in San Francisco, attorney general Jerry Brown alleged that the Interior Department's proposed changes, which would eliminate agency obligations to consult with the U.S. Fish & Wildlife Service or NOAA Fisheries before engaging in development activities that might impact a listed species, violate the ESA itself.
“The Bush Administration is seeking to gut the Endangered Species Act on its way out the door,” Brown said. “This is an audacious attempt to circumvent a time-tested statute that for 35 years has required scientific review of proposed federal agency decisions that affect wildlife.”
The lawsuit also alleges that the Interior and Commerce departments, by issuing the new regulations, violated the National Environmental Policy Act by failing to consider the environmental ramifications of the proposed new regulations and the Administrative Procedures Act by not adequately considering public comments.
The Bush administration's late changes to the ESA regulations also remove a requirement that federal agencies consider greenhouse gas emissions before approving development projects on public land.
The regulations were proposed in August and finalized Dec. 16.
The complaint is here.
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