Executive & Legislative
Mandates
NOAA Fisheries economic and social science
program is tasked with conducting the mandated analyses
required under the Magnuson Stevens Act (particularly,
National Standards 1, 5, 7 and 8); the Marine Mammal
Protection Act, the Endangered Species Act, Executive
Order 12866, the Regulatory Flexibility Act, and the
National Environmental Policy Act. |
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Magnuson-Stevens Fisheries Conservation and Management Act
National Standard 1 “(1) Conservation and management measures
shall prevent overfishing while achieving, on a continuing basis, the
optimum yield from each fishery for the United States fishing industry.” National
Standard 5 “(5) Conservation and management measures shall, where
practicable, consider efficiency in the utilization of fishery resources;
except that no such measure shall have economic allocation as its sole
purpose.” National Standard 7 “(7) Conservation and management
measures shall, where practicable, minimize costs and avoid unnecessary
duplication.” National Standard 8 “(8) Conservation and management
measures shall, consistent with the conservation requirements of this
Act (including the prevention of overfishing and rebuilding of overfished
stocks), take into account the importance of fishery resources to fishing
communities in order to (A) provide for the sustained participation of
such communities, and (B) to the extent practicable, minimize adverse
economic impacts on such communities.”
Marine Mammal Protection Act
“...The long term goal of the [take reduction] plan shall be to
reduce, within 5 years of its implementation, the incidental mortality
or serious injury of marine mammals incidentally taken in the course of
commercial fishing operations to insignificant levels approaching a zero
mortality and serious injury rate, taking into account the economics of
the fishery, the availability of existing technology, and existing State
or regional fishery management plans. ”
Endangered Species Act
“…(2) The Secretary shall designate critical habitat, and
make revisions thereto, under subsection (a)(3) on the basis of the best
scientific data available and after taking into consideration the economic
impact, and any other relevant impact, of specifying any particular area
as critical habitat. The Secretary may exclude any area from critical
habitat if he determines that the benefits of such exclusion outweigh
the benefits of specifying such area as part of the critical habitat,
unless he determines, based on the best scientific and commercial data
available, that the failure to designate such area as critical habitat
will result in the extinction of the species concerned.”
Executive Order 12866
“In deciding whether and how to regulate, agencies should assess
all costs and benefits of available regulatory alternatives, including
the alternative of not regulating. Costs and benefits shall be understood
to include both quantifiable measures (to the fullest extent that these
can be usefully estimated) and qualitative measures of costs and benefits
that are difficult to quantify, but nevertheless essential to consider.
Further, in choosing among alternative regulatory approaches, agencies
should select those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other advantages;
distributive impacts; and equity), unless a statute requires another regulatory
approach. “
Regulatory Flexibility Act
“Whenever an agency is required by section 553 of this title, or
any other law, to publish general notice of proposed rulemaking for any
proposed rule, or publishes a notice of proposed rulemaking for an interpretative
rule involving the internal revenue laws of the United States, the agency
shall prepare and make available for public comment an initial regulatory
flexibility analysis. Such analysis shall describe the impact of the proposed
rule on small entities.” …”(c) Each initial regulatory
flexibility analysis shall also contain a description of any significant
alternatives to the proposed rule which accomplish the stated objectives
of applicable statutes and which minimize any significant economic impact
of the proposed rule on small entities.” (a) When an agency promulgates
a final rule under section 553 of this title, after being required by
that section or any other law to publish a general notice of proposed
rulemaking, or promulgates a final interpretative rule involving the internal
revenue laws of the United States as described in section 603(a), the
agency shall prepare a final regulatory flexibility analysis. Each final
regulatory flexibility analysis shall contain-- … (5) a description
of the steps the agency has taken to minimize the significant economic
impact on small entities consistent with the stated objectives of applicable
statutes, including a statement of the factual, policy, and legal reasons
for selecting the alternative adopted in the final rule and why each one
of the other significant alternatives to the rule considered by the agency
which affect the impact on small entities was rejected.”
National Environmental Policy Act.
“…it is the continuing policy of the Federal Government,
in cooperation with State and local governments, and other concerned public
and private organizations, to use all practicable means and measures,
including financial and technical assistance, in a manner calculated to
foster and promote the general welfare, to create and maintain conditions
under which man and nature can exist in productive harmony, and fulfill
the social, economic, and other requirements of present and future generations
of Americans.” … “The Congress authorizes and directs
that … (2) all agencies of the Federal Government shall -- … (A)
utilize a systematic, interdisciplinary approach which will insure the
integrated use of the natural and social sciences and the environmental
design arts in planning and in decision-making which may have an impact
on man's environment; (B) identify and develop methods and procedures,
in consultation with the Council on Environmental Quality established
by title II of this Act, which will insure that presently unquantified
environmental amenities and values may be given appropriate consideration
in decision-making along with economic and technical considerations;… ”
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