WRITTEN TESTIMONY
OF
TIMOTHY R.E.
KEENEY
NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION
SUBCOMMITTEE ON
COMMITTEE ON
COMMERCE, SCIENCE AND TRANSPORTATION
UNITED STATES
SENATE
JUNE 15, 2005
Good morning, Mr. Chairman and Members of the Subcommittee. I am Timothy Keeney, Deputy Assistant Secretary for Oceans and Atmosphere and the National Oceanic and Atmospheric Administration (NOAA). I am co-chair of both the Aquatic Nuisance Species Task Force and U.S. Coral Reef Task Force and am pleased to be here today to discuss both of these important issues. The U.S. Ocean Action Plan outlines the importance of both of these topics with specific goals of promoting coral reef conservation as well as preventing the spread of invasive species. Today, I will discuss the Coral Reef Conservation Act of 2000 (the Act) and the importance of its reauthorization as well as present NOAA’s views on S. 363, which would amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA) to establish vessel ballast water management requirements.
Coral reefs, often called the “rainforests of the sea,” are among
the oldest and most diverse ecosystems on the planet. Coral reefs provide resources and services
worth over $375 billion each year to the
Congress recognized the need to preserve, sustain, and restore the
condition of coral reef ecosystems by passing the Coral Reef Conservation Act
of 2000, calling for the creation of a national strategy and
program to address the threats to coral reef communities. The Act calls for NOAA to carry out a number
of activities to promote the management and sustainable use of coral reef
ecosystems, to develop sound scientific information on the condition of coral
reef ecosystems, and to assist in the preservation of coral reefs by supporting
external conservation programs.
The
authority and guidance provided in the Act has allowed NOAA to undertake a
number of activities important to understanding and conserving coral reef
ecosystems. The Act authorized the establishment of a national program to fund
and conduct activities to conserve coral reefs, which led to the creation of
NOAA’s Coral Reef Conservation Program (CRCP).
The CRCP draws experts together from across NOAA and engages external
partners to develop integrated strategies to address coral reef decline. In addition, the CRCP works with scientific,
private, government and non-government partners to address coral reef
conservation on local, national, and international scales. One of the first
tasks of the CRCP was to develop the National Coral Reef Action Strategy
(National Action Strategy), as called for in the Act. The National Action Strategy established 13
goals, 4 to improve our understanding of reef ecosystems and 9 to reduce
impacts of human activities. The
National Action Strategy builds on the U.S. National Action Plan to Conserve
Coral Reefs adopted by the U.S. Coral Reef Task Force (USCRTF) in 2000, and provides
the roadmap for sustaining coral reef ecosystems and the communities and
economies that depend on them.
One
of the mandates of the Act and goals of the National Action Strategy is to map
and characterize
The
Act and the National Action Strategy also call for NOAA to partner with other
federal agencies and state and territorial governments to build an integrated
coral reef observing system to monitor, track and report on the condition of
the ecosystem over time. This
information is used to assess and adapt management actions. In 2002, NOAA worked with federal, state,
territorial and commonwealth partners to produce the first State of Coral Reef
Ecosystems of the United States and Pacific Freely Associated States report. This report assessed the condition
of U.S. coral reefs, ranked threats, detailed ongoing conservation actions
taken by federal agencies, and contained recommendations from coral reef
managers. The second report, scheduled
for publication this summer, will reflect more quantitative data obtained
through collaborative monitoring programs.
The CRCP has developed the first NOAA-wide coral ecosystem
research plan to set priorities and guide NOAA-funded coral reef ecosystem
research for the next five years (FY 2005-2010), including the research
conducted through grants and contracts.
The Research Plan covers all coral reef ecosystems under the
jurisdiction of the
CRCP
efforts authorized by the Act have also addressed the threat to reefs from
marine debris and abandoned vessels.
Debris and vessels can cause physical harm to coral reefs through
entanglement and collision, and thus are serious concerns in some regions of
the
As
required in the Act, outreach and education activities to build public
awareness and local capacity are another way the CRCP promotes sustainable
management of coral reef ecosystems. The
CRCP has reached out to stakeholders by creating and distributing educational
materials and by conducting workshops and training sessions. For example, NOAA has supported a series of
coral reef fisheries management workshops.
NOAA has also assisted state and territorial governments in enhancing
their human resource capacity for marine resource management by providing
technical training for managers, by creating internship/fellowship programs,
and by providing direct funding to support management staff.
The
The
CRCP supports local reef management and conservation efforts through grant
programs authorized by the Act. The
comprehensive grants program supports a wide range of coral reef conservation
projects both nationally and internationally.
NOAA’s CRCP grants are awarded in six categories: State and Territory
Coral Reef Management; State and Territory Coral Reef Ecosystem Monitoring;
General Coral Reef Conservation; Projects to Improve or Amend Coral Reef
Fishery Management Plans; International Coral Reef Conservation; and Coral Reef
Ecosystem Research. These projects have
advanced important conservation activities, such as the LAS, local capacity
building, publication of educational materials, implementation of school marine
science programs, identification and mapping of essential fish habitats, and
the promotion of sociological assessments of marine protected areas. Between 2002 and 2004, NOAA awarded 133 grants
to external partners in the public, private, and non-profit sectors providing
$15,650,145, and leveraged an additional $5,821,553 through matching funds. The
awarded funds represent over thirty percent of the CRCP budget for FY
2004. NOAA plans to award an additional
$4,550,000 in FY 2005 through the CRCP grant program.
As
authorized by the Act, NOAA has partnered with the National Fish and Wildlife
Foundation (NFWF) to administer the Coral Reef Conservation Fund. Over the past four years, this partnership
has leveraged $2 million in CRCP funds into more than $9 million awarded in
federal and non-federal matching funds for 116 coral conservation projects in
20 countries, five U.S. trusts or territories, and four U.S. states. The Coral Reef Conservation Fund is designed
to foster public-private partnerships and to promote site-based conservation
efforts. These grants foster integrated
resource management and have advanced the development of tools to address
threats to coral reefs throughout
NOAA,
as directed by the Act and the National Action Strategy, also supports and
participates in international coral reef conservation. NOAA promotes improved human and
institutional capacity to manage and conserve coral reefs internationally
through technical assistance and its international coral small grants
program. NOAA participates in multiple
international efforts such as the International Coral Reef Initiative (ICRI),
which supports international coral reef research and management efforts,
including the Global Coral Reef Monitoring Network that produces biennial Status
of Coral Reefs of the World reports. Last year, NOAA worked in partnership with
the scientific community and its partner agencies to put forward the
NOAA
continues to play an active role in the U.S. Coral Reef Task Force (USCRTF).
The USCRTF was established by Executive Order 13089 and is composed of twelve
federal agencies, seven states and territories, and the three Freely Associated
States. Biannual meetings bring members
together to discuss key issues, propose new actions, present progress reports,
and update the coral community on past accomplishments and future plans. These USCRTF meetings provide a valuable
venue for the exchange of information in which members can voice concerns about
their coral reef conservation efforts and collaborate to find more effective
alternatives. Many of NOAA’s coral reef
conservation efforts, such as the coral ecosystem research plan, are developed in partnership with the various
federal agencies and state and territory governments on the USCRTF.
As I have outlined, the authority provided to NOAA under
the Act has yielded many benefits to coral reef management and protection. The Administration recognized the importance
of conserving corals in the U.S. Ocean Action Plan released on December 17,
2004. The President’s FY 2006 budget
request includes $27.2 million for the Coral Reef Conservation Program,
including the $1.5 million in new funding to further implement LAS mentioned
earlier. NOAA’s continuing coral reef
conservation efforts will include forming new international partnerships and
fostering coral protection by recreational interests. NOAA is coordinating with partner agencies on
the recently re-established marine debris committee to address this critical
issue. In addition, NOAA is continuing
the process to designate the Northwestern Hawaiian Islands Coral Reef Ecosystem
Reserve as the fourteenth National Marine Sanctuary.
Recent accomplishments represent only intermediate steps
toward achieving the goals of the National Coral Reef Action
Strategy. Much remains to
be done to halt the degradation of coral reefs and to sustain these valuable
marine ecosystems and the economies that depend on them. Reauthorization of the Coral Reef
Conservation Act is an important step in continuing this work to protect and
restore coral reefs in the
While the Act has allowed NOAA to develop an effective coral program, there are some limitations to the current Act that if addressed could significantly advance efforts to reduce threats and conserve our valuable coral reef resources. Some limitations and hurdles posed by the current Act language are described below.
Every year many boats run aground on coral reefs causing significant damage to these fragile ecosystems. These vessel groundings are not well documented in all regions, but where recorded the numbers are astounding. For example, over seventy boat groundings occur annually in the Florida Keys National Marine Sanctuary alone, of which approximately four cause significant damage to the reefs and consequently require major damage assessments and restoration activities. Although the federal government has authority to address coral reef damage from groundings in designated protected areas, such as national parks and national marine sanctuaries, no similar authority exists to respond to any grounding that occurs outside of designated protected areas. Appropriate authority in the Act would enable NOAA, or other appropriate agencies, to respond to events and recover from the responsible party the costs for both this response and, where warranted, comprehensive damage assessment and restoration activities.
The Administration and Congress have recognized the value of the CRCP. It would be appropriate to recognize this support by authorizing the Act at the President’s FY 2006 request level of $27.2 million, and ensure that an adequate portion of this funding is available for effective program administration. Further, the current language allocating the appropriations between the grant and the national programs is confusing and contradictory. This language requires clarification, which could be accomplished by either outlining how funding should be allocated across all sections of the Act or by providing NOAA the discretion to make allocation decisions.
NOAA would like to work with the Committee to find an appropriate way to provide Congress updates and information on the coral programs, without diverting too many resources from accomplishing the core missions of these programs. Also, although the Act provides the authority for NOAA to give emergency grants for addressing unforeseen or disaster-related circumstances, we have never implemented this provision and are potentially restricted from doing so. Due to the amount of time that it takes to process a grant, this is not an appropriate vehicle for responding to an emergency situation.
Nonindigenous species are affecting habitats and species on
all of our coasts and introductions of new species can alter both physical
habitat and impact native species and ecosystem productivity. For example, last year, the State of
Another example of direct predation is the introduction of
the green crab. When the green crab
moved into the
Introduction of an invasive species can cause disruption of
a food chain and have cascading impacts.
In the northern portion of
NOAA’s Great Lakes Environmental Research Laboratory has
documented a similar food chain disruption in the
I would like to update the Subcommittee on our progress in addressing the ballast water issue. During the 1996 reauthorization, NOAA and the U.S. Fish and Wildlife Service (FWS) were charged with sponsoring research to develop new technologies for ballast water management. Although primary responsibility for this program lies with FWS and NOAA, a number of different Federal agencies have been cooperating on ballast water issues. The U.S. Department of Transportation Maritime Administration (MARAD) deserves particular recognition. Despite not being mentioned in the existing statute, MARAD has volunteered testing platforms for research projects. Each year NOAA, FWS, and MARAD put out a joint request for proposals for ballast water technology development projects with a joint peer review process for selection. In addition to this process, other Federal agencies involved in evaluating technologies and setting priorities include the USCG, the Environmental Protection Agency (EPA), the U.S. Geological Survey, and the Department of Defense.
Since 1998, 54 research projects have been sponsored under the Ballast Water Demonstration Program. Sixteen additional ballast water-related projects have been sponsored through the National Sea Grant College Program aquatic nuisance species competition. Among the technologies that have been tested are filtration, ultraviolet radiation, ozone injection, sonic bombardment, heat treatment, and oxidizing and non-oxidizing biocides. We are well beyond proof of concept with many of these technologies, and there are some promising results.
Even as we have begun to address the development of new
technologies, new issues have arisen concerning ballast water. In the
The final report of the NOBOB Assessment program found that
ballast water exchange can be highly effective for reducing concentrations of
organisms entrained with coastal ballast water, and although it remains
imperfect, it is generally a beneficial management practice in the absence of
more effective management tools. The
assumption that “salinity shock” is an additional advantage for protecting the
As you can see, the introduction of non-indigenous species
is an issue of great importance. The
1990 NANPCA initially focused on ballast water and the
NOAA supports the goal of S. 363, which is to reduce the risk of introducing new invasive species by ballast water. While S. 363 addresses the issues associated with ballast water, NOAA is concerned that it only amends section 1101 of NANPCA. While NOAA notes that the entire NANPCA is due for reauthorization, we acknowledge that ballast water is a highly time-sensitive issue and therefore understand the need for narrowing the focus of legislation such as S. 363.
I would like to focus on a few of the sections of S. 363 that we feel warrant special attention. S. 363 includes two separate administrative procedures for determining acceptable exchange zones. The bill provides for ballast water exchange in water that is at least 50 nautical miles from land and 200 meters in depth. The USCG – in consultation with NOAA and EPA – is responsible for issuing limitations on ballast water exchange in these areas. However, the designation of alternate exchange zones within 50 nautical miles from land and 200 meters in depth is the responsibility of NOAA, in consultation with USCG and EPA. Because the USCG is the primary regulatory authority for ballast water exchange and will be responsible for enforcement, NOAA recommends the USCG be the lead for both procedures after consultation with NOAA and EPA.
NOAA also would like to express concern over one of the definitions in Section 3(b)(5). This section proposes a new paragraph 13 for Section 1003 of the NANPCA defining “harmful aquatic organisms and pathogens.” Under the proposed definition, these are organisms determined by the Secretary to cause an adverse impact if introduced. Such determinations and creation of a list of organisms would not be useful in the context of ballast water management and could require significant resources. In the case of ballast water, literally thousands of species could be introduced, and the biological information for many is insufficient to assess whether they will become invasive or cause adverse impacts. To put this in context, James Carlton, one of the leading theorists on invasion biology, once said that zebra mussels would not have been an obvious choice for a list of potential invaders. He pointed out that prior to the late 1980s they probably had been carried in ballast water. However, only when a combination of ecological conditions and concentration of organisms was present did they become established. Because of the difficulties of distinguishing harmful organisms from benign ones, virtually all treatment and management options are designed to remove or inactivate all aquatic organisms and we therefore recommend revision of the definition to reflect this reality.
Considerable progress has been made in addressing the
ballast water problem since the 1996 reauthorization, but much work
remains. The
FY 2006 President’s budget requests $7.9M to continue NOAA’s valuable work
to prevent invasive species through programs such as the Aquatic Invasive
Species Program, Sea Grant, the Great Lakes Environmental Research Lab,
and
That concludes my testimony, Mr. Chairman. I would be happy to respond to any questions that the Subcommittee may have.