[Senate Hearing 113-172]
[From the U.S. Government Publishing Office]
S. Hrg. 113-172
NOMINATION OF DR. MARK E. SCHAEFER
TO BE ASSISTANT SECRETARY
FOR OCEANS AND ATMOSPHERE FOR
THE U.S. DEPARTMENT OF COMMERCE
=======================================================================
HEARING
before the
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
__________
JULY 24, 2013
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED THIRTEENTH CONGRESS
FIRST SESSION
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota, Ranking
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DAN COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
MARTIN HEINRICH, New Mexico RON JOHNSON, Wisconsin
EDWARD MARKEY, Massachusetts JEFF CHIESA, New Jersey
Ellen L. Doneski, Staff Director
James Reid, Deputy Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel and Chief Investigator
C O N T E N T S
----------
Page
Hearing held on July 24, 2013.................................... 1
Statement of Senator Nelson...................................... 1
Statement of Senator Schatz...................................... 1
Statement of Senator Wicker...................................... 18
Statement of Senator Ayotte...................................... 22
Statement of Senator Scott....................................... 23
Witnesses
Dr. Mark Schaefer, Nominee for Assistant Secretary for Oceans and
Atmosphere, U.S. Department of Commerce........................ 2
Prepared statement........................................... 4
Biographical information..................................... 5
Appendix
Response to written questions submitted to Dr. Mark E. Schaefer
by:
Hon. Maria Cantwell.......................................... 27
Hon. Richard Blumenthal...................................... 28
Hon. John Thune.............................................. 30
Hon. Roger F. Wicker......................................... 31
Hon. Marco Rubio............................................. 31
Hon. Kelly Ayotte............................................ 32
NOMINATION OF DR. MARK E. SCHAEFER
TO BE ASSISTANT SECRETARY
FOR OCEANS AND ATMOSPHERE FOR
THE U.S. DEPARTMENT OF COMMERCE
----------
WEDNESDAY, JULY 24, 2013
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 10:01 a.m. in
room SR-253, Russell Senate Office Building, Hon. Bill Nelson,
presiding.
OPENING STATEMENT OF HON. BILL NELSON,
U.S. SENATOR FROM FLORIDA
Senator Nelson. Good morning. We are going to consider the
nomination of Dr. Mark E. Schaefer of California to be
Assistant Secretary of Commerce for Oceans and Atmosphere at
the U.S. Department of Commerce. We look forward to your
testimony, Doctor, and I want to accommodate the Senator from
the great state of Hawaii, who needs to excuse himself because
he has got to fly to Hawaii.
Senator Schatz?
STATEMENT OF HON. BRIAN SCHATZ,
U.S. SENATOR FROM HAWAII
Senator Schatz. Thank you very much, Chairman Nelson. I
would like to start by thanking you for your accommodation. Dr.
Schaefer, thank you for taking the time to testify before this
committee and for visiting with my office individually. I am
impressed by your qualifications and your track record of
resolving issues with open and candid dialogue. And so, let me
begin by saying that I support your nomination. I am anxious to
support your speedy confirmation.
The budgetary process and pressures from the sequester will
make your problem-solving through dialogue approach all the
more important. NOAA's conservation portfolio is no stranger to
litigation and legal challenges. But when funding is short, we
cannot afford the expenses and inefficiency of lawsuits to
manage critical ocean and coastal resources.
Hawaii has a number of issues, and I will offer a few
questions for the record. And we had an opportunity to have a
brief chat before the formal hearing began. And I do look
forward to working with the issues that I will mention to you
on the record, as well as anything that may come up in Hawaii
and the Pacific. But I want to cover two things with you this
morning.
First, the statutory time limit of December 7, 2013 for
NOAA's listing decision on 66 species of Pacific corals is
rapidly approaching. Academic experts at the University of
Hawaii have questioned NOAA's scientific basis for such a
listing, but to the best of my knowledge, NOAA has not yet
worked with the university experts to address their concerns.
Could you please describe your approach going forward and how
you are going to use the University of Hawaii's expertise on
this important matter?
Dr. Schaefer. Yes, thank you, Senator Schatz, and thank you
for those kind comments. The upcoming potential listing of the
66 corals is going to be one of the most complex listings that
NOAA or perhaps any agency has undertaken. And it is going to
be critically important to ensure that we use the best
available science to underpin any decisions about listing and
designation of critical habitat. I recognize that there is
outstanding expertise at the University of Hawaii and
elsewhere.
I have devoted my career to finding ways to ensure that we
are linking the best available science with decision making
processes, and I am committed to ensuring that we take
advantage of the expertise in the state of Hawaii and elsewhere
to guide us in the listing process.
Senator Schatz. Thank you. Thank you, Mr. Chairman.
Senator Nelson. Thank you, Senator.
Dr. Schaefer is currently Deputy Executive Director for
Environmental Conflict Resolution at the Morris Udall and
Stewart Udall Foundation, a position he has held since 2008.
Before that, he served as an independent consultant, providing
advice on environmental science and technology policy,
including the Woodrow Wilson International Center for Scholars.
And prior to this, he was Chief Executive Officer of Global
Environment and Technology, and that is a foundation. He also
was the Chief Executive Officer of NatureServe back at the
first part of the last decade.
So, Dr. Schaefer, we welcome you. Your statement, please.
And when Senator Wicker arrives, then I will recognize him for
his statement. Please proceed.
STATEMENT OF DR. MARK E. SCHAEFER, NOMINEE FOR
ASSISTANT SECRETARY FOR OCEANS AND ATMOSPHERE,
U.S. DEPARTMENT OF COMMERCE
Dr. Schaefer. Thank you, Chairman Nelson. I appreciate
those kind remarks. And thank you for the opportunity to
testify this morning. It is an honor to be considered for the
position of Assistant Secretary for Oceans and Atmosphere
within the Department of Commerce.
I would like to take a moment to introduce my wife of
nearly 35 years, Jo Ann--there she is--and my son, Greg. And my
daughter, Hana, who I mentioned to the Senator was named after
a certain town in Maui, will be here shortly.
My appreciation for the ocean began as a child through
frequent trips with my father and mother to a cove in Laguna
Beach, California. And later through travels along the Pacific
and Atlantic and Gulf Coasts, I became familiar with the ocean
environment and its resources. And this led me to pursue
studies in the biological sciences in college, and ultimately I
received a B.A. from the University of Washington and a Ph.D.
from Stanford University.
I have held positions in the public and private sectors for
more than 30 years, primarily at the intersection of science
and policy. Much of my career has been spent identifying ways
to foster scientific and technological innovation to further
national goals, including economic growth and the effective
management and conservation of natural resources. I have also
promoted efforts to make scientific information more accessible
to the public in order to encourage greater stakeholder
engagement in decision-making processes. Most recently, as you
mentioned, I led the U.S. Institute for Environmental Conflict
Resolution. That is an organization within the Udall Foundation
that fosters collaborative efforts to prevent and resolve
environmental and natural resources disputes involving Federal
agencies. I have devoted the last several years to identifying
ways to promote communication across Federal agencies and with
tribes, State and local government agencies, and the private
sector to efficiently address these issues.
Early in my career, I worked on science policy issues as a
congressional science fellow at the former Office of Technology
Assessment and as a senior staff member at the Carnegie
Commission on Science, Technology, and Government. And these
positions offered me the opportunity to learn from some of our
nation's leaders about their experiences in working to advance
public policy and to effectively manage large public
institutions.
Later as Assistant Director for Environment in the Office
of Science and Technology Policy in the Executive Office of the
President, I worked on a wide range of issues, including ways
to advance technologies to further national energy and
environmental goals, and ways to better apply science and
technology to prepare for and respond to natural disasters,
including floods and hurricanes. As Deputy Assistant Secretary
of the Interior for Water and Science, I worked on salmon and
other fishery issues in the northwest and the east, water
quality challenges from the Gulf of Mexico to the Everglades
and Chesapeake Bay, and research and monitoring activities
throughout the country, including the Great Lakes. These
positions offered opportunities to collaborate with tribal,
State, and local governments in addressing a range of economic
and natural resource issues.
I appreciate the time several of you and your staff have
taken in recent weeks to discuss issues related to the oceans,
marine fisheries, and the diversity of species that inhabit our
nation's coasts, and the tremendous economic and social value
of these resources. The fishing industry, both commercial and
recreational, is an integral component of the engine that
drives our economy, and I am committed to ensuring that
sustainability of this critical resource and the livelihoods
that depend on it.
The diverse experiences I have had over my career have
shaped the way I view and address environmental, natural
resources, and economic issues. I very much enjoy working on
challenges involving diverse and often competing perspectives.
I place a priority on taking the time to understand alternative
viewpoints to ensuring that scientific information is applied
appropriately, and to working in a collaborative fashion to
devise sound policy and to prevent and resolve disputes. If I
am confirmed, I look forward to working with you and supporting
your efforts to help ensure the viability of the Nation's
coastal and marine resources.
Thank you again for the opportunity to testify and for your
consideration of my nomination. And I would be happy to respond
to any questions you may have.
[The prepared statement and biographical information of Dr.
Schaefer follow:]
Prepared Statement of Dr. Mark E. Schaefer, Nominee for Assistant
Secretary for Oceans and Atmosphere, U.S. Department of Commerce
Thank you Mr. Chairman.
Chairman Rockefeller, Ranking Member Thune, Members of the
Committee, it is an honor to be considered for the position of
Assistant Secretary for Oceans and Atmosphere within the U.S.
Department of Commerce. Thank you for the opportunity to testify this
morning.
I would like to take a moment to introduce my wife of nearly 35
years, Jo Ann, without whom I would not be here today. Beside her are
my daughter Hana and son Greg. Both of them have graduated from college
and have embarked on their own careers.
My appreciation for the ocean began as a child through frequent
trips with my father and mother to a cove in Laguna Beach, California.
Later, through travels along the Pacific, Atlantic, and Gulf coasts and
in Hawaii, I became more familiar with the ocean environment and its
resources, and this led me to pursue studies in the biological sciences
in college. Ultimately, I received a B.A. from the University of
Washington and Ph.D. from Stanford University.
I have held positions in the public and private sectors for more
than 30 years, primarily at the intersection of science and policy. I
have spent much of my career identifying ways to foster scientific and
technological innovation to further national goals, including economic
growth and the effective management and conservation of natural
resources. I have also promoted efforts to make scientific information
more accessible to the public to encourage greater stakeholder
engagement in decision making processes. I am particularly interested
in the application of information technologies, such as decision
support systems, to further the organization and communication of
scientific information.
Most recently, I have led the U.S. Institute for Environmental
Conflict Resolution, an organization that fosters collaborative efforts
to prevent and resolve environmental and natural resources disputes
involving Federal agencies. I have devoted the last several years to
identifying ways to promote communication across Federal agencies and
with tribes, state and local government agencies, and the private
sector to efficiently address these issues. I have worked to promote
public engagement in decision-making by making information and tools
readily available to people and by encouraging agencies to place an
emphasis on collaborative, stakeholder-driven approaches to problem
solving.
Early in my career I was a senior staff member with the Carnegie
Commission on Science, Technology, and Government which offered the
opportunity to learn from some of our nation's leaders about their
experiences in working to advance public policy in this area and to
effectively manage large public institutions. This included a number of
meetings with Members of Congress to discuss the role of science and
technology in policy-making processes. Twenty-five years ago, as a
congressional fellow at the former Office of Technology Assessment, I
worked on science policy matters before Congress and had the
opportunity to lead a study of ways to improve the control of toxic
substances that affect the nervous system.
As Assistant Director for Environment in the Office of Science and
Technology Policy (OSTP) in the Executive Office of the President I
worked on a wide range of issues including ways to advance technologies
to further national energy and environmental goals, and ways to better
apply science and technology to prepare for and respond to natural
disasters, including floods and hurricanes. In my early days at OSTP I
was involved in coordinating the organization of scientific information
across Federal and state agencies and the private sector to guide
efforts to recover from the Mississippi River flood of 1993.
As Deputy Assistant Secretary of the Interior for Water and
Science, I worked on salmon and other fishery issues in the Northwest
and East, and water quality challenges from the Gulf of Mexico to the
Everglades and Chesapeake Bay. I helped foster research and monitoring
activities throughout the country, including the Great Lakes. Working
at Interior offered opportunities to collaborate with tribal, state,
and local governments in addressing a range of economic and natural
resource issues.
In the private sector, I served as the first President and CEO of
an organization called NatureServe. NatureServe supports the consistent
gathering of information about the status of animals and plants across
the United States and in several countries throughout the Western
Hemisphere. NatureServe's data are used to help guide decisions about
commercial development, natural resource management, and conservation.
I appreciate the time several of you and your staff have taken in
recent weeks to discuss issues related to the oceans, marine fisheries,
the diversity of species that inhabit our nation's coasts and
resources, and the tremendous economic and social value of these
resources. The fishing industry, both commercial and recreational, is
an integral component of the engine that drives our economy, and I am
committed to ensuring the sustainability of this critical resource and
the livelihoods that depend on it.
I have been fortunate to live in several states that comprise the
Pacific, Gulf, and Atlantic coasts: from California, Oregon, and
Washington; to Texas and Alabama; and Massachusetts, Virginia, and
Georgia. This offered me the opportunity to observe first-hand the
value people place on the coastal-marine environment.
The diverse experiences I have had over my career have shaped the
way I view and address environmental, natural resources, and economic
issues. I enjoy working on challenges involving diverse and often
competing perspectives. I place a priority on taking the time to
understand alternative viewpoints, to ensuring that scientific
information is applied appropriately, and to working in a collaborative
fashion to devise sound policy and to prevent and resolve disputes. If
I am confirmed, I look forward to working with you and supporting your
efforts to help ensure the viability of the Nation's coastal and marine
resources.
Thank you again for the opportunity to testify and for your
consideration of my nomination. I would be happy to respond to any
questions you may have.
______
a. biographical information
1. Name (Include any former names or nicknames used): Mark
Schaefer.
2. Position to which nominated: Assistant Secretary for Oceans and
Atmosphere, National Oceanic and Atmospheric Administration.
3. Date of Nomination: May 23, 2013.
4. Address: (List current place of residence and office addresses):
Residence: Information not released to the public.
Office: 130 South Scott Avenue, Tucson, AZ 85701.
5. Date and Place of Birth: April 24, 1954; Big Spring, Texas.
6. Provide the name, position, and place of employment for your
spouse (if married) and the names and ages of your children (including
stepchildren and children by a previous marriage).
Spouse: Jo Ann Schaefer, not employed.
Children: Hana Schaefer, age 31; Gregory Schaefer, age 25.
7. List all college and graduate degrees. Provide year and school
attended.
Ph.D. Neurosciences, 1987, Stanford University
B.A., Zoology and Botany, 1977, University of Washington
8. List all post-undergraduate employment, and highlight all
management-level jobs held and any non-managerial jobs that relate to
the position for which you are nominated. (*designates management-level
job)
*Deputy Executive Director for Environmental Conflict
Resolution, Morris K. Udall and Stewart L. Udall Foundation,
2008 to present.
Independent Consultant (including part-time position, Executive
Vice President, ZedX, Inc.), 2007-2008.
*CEO, Global Environment and Technology Foundation, 2006-2007.
*President and CEO, NatureServe, 2000-2006.
*Acting Assistant Secretary for Water & Science, U.S.
Department of the Interior, 2000.
*Deputy Assistant Secretary for Water and Science, U.S.
Department of the Interior, 1996-2000.
*Acting Director, U.S. Geological Survey, 1997-1998.
Assistant Director for Environment, Office of Science and
Technology Policy, Executive Office of the President, 1993-
1996.
Staff Member, Presidential Personnel Office, Executive Office
of the President, 1993.
Staff Member, Presidential Transition Team, 1993.
Director, Washington Office and Senior Staff Associate,
Carnegie Commission on Science, Technology, and Government,
1989-1993.
Tutor in Environmental Policy (and Instructor, Winter 1993),
Stanford in Washington, Stanford University, 1988-1993.
Study Director and Analyst, Office of Technology Assessment,
U.S. Congress (and Congressional Science Fellow, 1987-1988),
1987-1989.
Graduate Student, Stanford University, 1983-1987.
Teaching Assistant, Stanford University, 1984-1985.
Staff Member, Environmental Research Laboratory, U.S.
Environmental Protection Agency, 1980-1983.
Staff Member, Office of Research and Development, U.S.
Environmental Protection Agency, 1977-1980.
9. Attach a copy of your resume. A copy is attached.
10. List any advisory, consultative, honorary, or other part-time
service or positions with Federal, State, or local governments, other
than those listed above, within the last five years. None.
11. List all positions held as an officer, director, trustee,
partner, proprietor, agent, representative, or consultant of any
corporation, company, firm, partnership, or other business, enterprise,
educational, or other institution within the last five years.
Member and unit holder, Anew Outdoors, LLC (ended 2010)
Board Member, Foundation for Our Future (NGO) (ended 2008)
Officer, Changing Planet (NGO) (ended 2008)
12. Please list each membership you have had during the past ten
years or currently hold with any civic, social, charitable,
educational, political, professional, fraternal, benevolent or
religious organization, private club, or other membership organization.
Include dates of membership and any positions you have held with any
organization. Please note whether any such club or organization
restricts membership on the basis or sex, race, color, religion,
national origin, age, or handicap.
Member, American Association for the Advancement of Science,
Since 1983 (Intermittent, ended 2009).
Member, Commission on Education and Communication, World
Conservation Union, 2004-2008.
Member, Board on Earth Sciences and Resources, National
Research Council, National Academy of Sciences, 2002-2007.
Member, Advisory Committee, National Environmental Conflict
Resolution, U.S. Institute for Environmental Conflict
Resolution, Morris K. Udall Foundation, 2002-2005.
Member, National Commission on Science for Sustainable
Forestry, 2001-2003.
Member, Good Shepherd Lutheran Church; Reston, Virginia, 1993-
2008.
Member, Stanford University Alumni Association, 2000-2006.
Life Member, Stanford University Alumni Association, 2006-2013.
None of the associations I have been a member of restrict
membership on the basis or sex, race, color, religion, national origin,
age, or handicap.
13. Have you ever been a candidate for and/or held a public office
(elected, non-elected, or appointed)? If so, indicate whether any
campaign has any outstanding debt, the amount, and whether you are
personally liable for that debt.
Acting Assistant Secretary for Water and Science, U.S.
Department of the Interior, 2000.
Deputy Assistant Secretary for Water and Science, U.S.
Department of the Interior, 1996-2000.
Acting Director, U.S. Geological Survey, 1997-1998.
Assistant Director for Environment, Office of Science and
Technology Policy, Executive Office of the President, 1993-
1996.
Staff Member, Office of Presidential Personnel, Executive
Office of the President, 1993.
Member, Presidential Transition Team, 1993.
All of the above were political appointments by President
Clinton.
14. Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past ten years. Also list all offices
you have held with, and services rendered to, a state or national
political party or election committee during the same period.
Presidential Campaign 2008, Barack Obama, 2/12/08: $250.00; 10/
01/08: $250.00
Presidential Campaign 2012, Barack Obama, 3/24/12: $250.00
No political positions held or services rendered.
15. List all scholarships, fellowships, honorary degrees, honorary
society memberships, military medals, and any other special recognition
for outstanding service or achievements.
Congressional Science Fellow, 1987-1988
Group Bronze Medal, U.S. EPA, 1983
Special Achievement Award, U.S. EPA, 1979, 1980
16. Please list each book, article, column, or publication you have
authored, individually or with others. Also list any speeches that you
have given on topics relevant to the position for which you have been
nominated. Do not attach copies of these publications unless otherwise
instructed.
I have done my best to identify books, articles, columns,
publications or relevant speeches, including a thorough review of my
personal tiles and searches of publicly available electronic databases.
Despite my searches, there may be other materials I have been unable to
identify, find, or remember. I have located the following:
Schaefer, M. (2010). Foreword: The Keepers of This Land.
Conservation of Shared Environments, L. Lopez-Hoffman, et al.,
(editors), University of Arizona Press, 2010.
Schaefer, M., Baker, D.J., Gibbons, J.H., Groat, C.G., Kennedy,
D., Kennel, C.F., and Rejeski, D. (2008). An Earth Systems
Science Agency. Science, Vol. 321 (4 July 2008), pp. 44-45.
Bond, J.S., Schaefer, M., Rejeski, D., and Nichols, R.W.
(2008). OSTP 2.0, Critical Upgrade: Enhanced Capacity for White
House Science and Technology Policymaking: Recommendations for
the Next President, Woodrow Wilson International Center for
Scholars, June 2008.
Schaefer, M. (2008). Water Technologies and the Environment:
Ramping Up by Scaling Down. Technology in Society, Vol. 30, pp.
415-422 (Elsevier, Ltd.).
Schaefer, M. (2005). In Search of a Lifeline (Editorial).
Science, Vol. 308 (April 2005), p. 325.
Schaefer, M. (2002). Jeffersonian GIS. Geospatial Solutions,
April 2002.
Schaefer, M. (2001). Emerging Tools for Developing,
Integrating, and Distributing Conservation Information. The
Role of Environmental NGOs: Russian Challenges, American
Lessons, National Academy Press.
Schaefer, M. (1999). Decision Support Systems and the Changing
Landscape, Cambridge Conference, Cambridge, England, July,
1999, (Ordnance Survey, United Kingdom).
Dresler, P. and Schaefer, M. (1997). Regional Forums: Linking
Science and Management. Geotimes, April 1998, pp. 24-27.
Schaefer, M. (1996). The Economic Promise of Environmental
Technologies. Technology and Global Economic Competitiveness,
New York Academy of Sciences.
Schaefer, M. (1993). Children and Toxic Substances: Confronting
a Major Public Health Challenge. Environmental Health
Perspectives Supplements 101(4).
Schaefer, M. (1992). Role of the U.S. Congress in Setting Goals
and Priorities for Nutrition and Aging. Aging: Clinical and
Experimental Research.
Schaefer, M. (1991). The Federal Environmental Research Puzzle:
Making the Pieces Fit. Environment, 33(9), pp. 16-20, 38-42.
Schaefer, M. (1990). Rapid-Response Scientific and Technical
Analysis for Congress. Carnegie Commission on Science,
Technology, and Government.
U.S. Congress. (1990). Neurotoxicity: Identifying and
Controlling Poisons of the Nervous System. (Schaefer, M.,
Project Director). Office of Technology Assessment, U.S.
Government Printing Office, Washington, D.C.
Schaefer, M. (1988). Congress and Environmental Policy:
Reflections on the Past, Directions for the Future.
Congressional Science Policy (G.S. Sponsler, ed.), Carnegie
Commission on Science, Technology, and Government, New York,
New York.
Schaefer, M. (1981). EPA's Soil Research at Corvallis. EPA
Journal 7, 12-13.
Schaefer, M. (1980). Marine Pollution. Environmental Outlook.
1980. U.S. Environmental Protection Agency. EPA-600/9-80-006.
Schaefer, M. (editor). U.S. Environmental Protection Agency.
Research Summary:
Controlling Nitrogen Oxides. (1980). EPA-600/8-80-004.
Controlling Hazardous Wastes. (1980). EPA-600/8-8-017.
Chesapeake Bay. (1980). EPA-600/8-80-019.
Industrial Wastewater. (1980). EPA-600/8-80-026.
Integrated Pest Management. (1980). EPA-600/8-80.
Controlling Sulfur Oxides. (1980). EPA-600/8-80-029.
Oil Spills. (1979). EPA-600/8-79-007.
Acid Rain. (1979). EPA-600/8-79-028.
Contributor
Federal Interagency Committee for the Management of Noxious and
Exotic Weeds, R. Westbrooks, ed., (1998). Invasive Plants:
Changing the Landscape of America.
National Science and Technology Council. (1998). Integrated
Science for Sustainable Ecosystems.
Executive 0ffice of the President. (1996). Education for
Sustainability: An Agenda for Action.
Executive Office of the President. (1995). Bridge to a
Sustainable? Future: National Environmental Technology
Strategy.
National Science and Technology Council (1995). Research
Strategy for Risk Assessment, Subcommittee on Natural Resources
and the Environment.
National Science and Technology Council. (1995). Partnerships
Supporting Education About the Environment: Summary of
Proceedings, September 28-October 1, 1994.
Executive Office of the President. (1994). Technology for a
Sustainable Future: A Framework for Action.
Carnegie Commission on Science, Technology, and Government.
(1993). New Frontiers in Regulatory Decision Making: The Role
of Science and Technology.
Carnegie Commission on Science, Technology and Government.
(1993). Risk and the Environment: Improving Regulatory Decision
Making.
Carnegie Commission on Science, Technology, and Government.
(1992). Environmental R&D: Strengthening the Federal
infrastructure.
Carnegie Commission on Science, Technology, and Government.
(1992). A Science and Technology Agenda for the Nation:
Recommendations for the President and Congress.
Carnegie Commission on Science, Technology, and Government
(1992). Enabling the Future: Linking Science and Technology to
Societal Goals.
Carnegie Commission on Science, Technology, and Government.
(1991). Science, Technology, and Congress: Analysis and Advice
from the Congressional Support Agencies.
Carnegie Commission on Science, Technology, and Government.
(1991). Science, Technology, and Congress: Expert Advice and
the Decision-Making Process.
U.S. Congress. (1990). Neurotoxicity: Identifying and
Controlling Poisons of the Nervous System. Office of Technology
Assessment, U.S. Government Printing Office, Washington, D.C.
U.S. Environmental Protection Agency. (1980). Acid Rain. EPA-
600/9-79-036.
U.S. Environmental Protection Agency. (1980). Research
Highlights 1979. EPA-600/9-80-005.
U.S. Environmental Protection Agency. (1978). Energy/
Environment III. Proceedings of the Third National Conference
on the Interagency Research and Development Program. EPA-600/9-
78-002.
Technical Scientific Publications
Schaefer, M. (1987). Molecular Genetic Analysis of FMRFamide
and Related Neuropeptide Genes. Ph.D. Thesis. Stanford
University, Stanford, California.
Kreiner, T., Schaefer, M. and Scheller, R.H. (1986). The
Aplysia Neuroendocrine System. Frontiers in Neuroendocrinology,
Vol. 9 (William F. Ganong, ed.).
Schaefer, M. and Brownell, P.H. (1986). Modulation of a
Respiratory Motor Program by Pepetide-Secreting Neurons in
Aplysia. Journal of Neurobiology, 17, 121-126.
Eberwine, J., Schaefer, M., Tecott, L. Tatemoto, K., Valentino,
K.L. and Barchas, J.D. (1986). Isolation and Characterization
of cDNA and Gene Clones Coding for Rat Pancreastatin. Society
of Neuroscience, Abstract 12.
Schaefer, M. Shirk, P.D., Roth, D.R. and Brownell, P.H. (1985).
Activity Related Changes in Protein Phosphorylation in an
Identified Aplysia Neuron. Cellular and Molecular Neurobiology,
5, 321-331.
Kaldany, R.-R, Campanelli, J.T., Schaefer, M., Shyamala, M. and
Scheller, R.H. (1985). Low Molecular Weight Proteins of Aplysia
Neurosecretory Cells. Peptides, 6, 445-449.
Scheller, R.H. and Schaefer, M. (1985). Neuropeptide Gene
Expression and Behavior in Aplysia. Model Neural Networks and
Behavior (A.I. Selverston, Ed.), Plenum Publishing Co., New
York.
Schaefer, M. Picciotto, M.R., Kreiner, T., Kaladany, R.-R.,
Taussig, R. and Scheller, R.H. (1985). Aplysia Neurons Express
a Gene Encoding Multiple FMRFamide Neuropeptides. Cell, 41,
457-467.
Scheller, R.H., Kaldany, R.-R., Kreiner, T., Mahon, A.C.,
Nembu, J.R., Schaefer, M. and Taussig, R. (1984).
Neuropeptides: Mediators of Behavior in Aplysia. Science, 225,
1300-1308.
Brownell, P.H. and Schaefer, M. (I984). Neuronal Mechanisms of
a Siphon Motor Program Induced by Peptidergic Bag Cell neurons
in Aplysia. Society of Neuroscience, Abstract 10, 150.
Kaldany, R.-R., Schaefer, M., Evans, C., Mak, G. and Scheller,
R.H. (1984). Processing of a Neuropeptide Precursor in the R3-
14 Cells of Aplysia. Society of Neuroscience, Abstract 10, 150.
Scheller, R.H., Kaldany R.R., Kreiner, T., Schaefer, M. (I
983). Cellular and Molecular Studies of the Neuropeptides Used
by Aplysia Abdominal Ganglion Neurons R3-14. Journal of
Cellular Biochemistry, Supp. 8B, 95.
Schaefer, M., Brownell, P.H. and Shirk, P. (1983). Evidence for
Neuro Specific Protein Phosphorylation Following Peptidergic
Bag Cell Activity in Aplysia. Society of Neuroscience, Abstr.
9.
Brownell, P.H. and Schaefer, M. (1982). Activation of a Long-
Lasting Motor Program by Cell Neurons in Aplysia. Society of
Neuroscience, Abstr. 8, 736.
Speeches
Speaker
``Institutionalizing Collaboration and Environmental Conflict
Resolution in the Federal Government''
Symposium on Federal Alterative Dispute Resolution Programs:
Successes and Challenges
U.S. Department of Justice
Washington, D.C., March 2012
Speaker
``The Keepers of this Land''
Conservation of Shared Environments
James E. Rogers School of Law
University of Arizona
Tucson, AZ, February 2010
Moderator and Speaker
``The Serious Business of Environmental Education''
National Forum on Partnerships Supporting Education About the
Environment
San Francisco, CA, September 1994
Panelist and Speaker
``Science and Politics''
Business Government Relations Council
26th Annual Meeting
White Sulfur Springs, West Virginia, September 1992
Panelist and Speaker
``Assessment as the Link Between Research and Policy''
Conference on the National Institutes of the Environment
Chevy Chase, Maryland, May 1992
Speaker
``Analysis and Advice from the Congressional Support Agencies''
Seminar on Science, Technology, and Public Policy
Western Executive Seminar Center
Office of Personnel Management
Denver, Colorado, 1992
Speaker
``Bridging the Environmental Research/Policy Interface: Three
Organizational and Procedural Proposals''
Meeting of American Association for the Advancement of Science
Chicago, Illinois, February 1992
Speaker
``Analysis and Advice from the Congressional Support Agencies''
Seminar on Science, Technology, and Public Policy
Western Executive Seminar Center
Office of Personnel Management
Denver, Colorado, December 1991
Chair and Speaker
``Roundtable Discussion on Long-Range Perspectives for
Environmental Policy''
Thirteenth Annual Research Conference
Association for Public Policy Analysis & Management
Washington, D.C., October 1991
Speaker
``S&T for the 90s''
Institute for Defense Analyses
Alexandria, Virginia, February 1991
Speaker
``Neurotoxicity Update--A Regulatory Perspective''
Society of Toxicology, National Capitol Area Chapter
Washington, D.C., January 1991
Speaker
``Testing and Regulating Neurotoxic Substances''
Pharmacology and Toxicology Committee
The Cosmetic, Toiletry and Fragrance Association
Washington, D.C., January 1991
Speaker
``Science, Technology, and Congress''
Brookings Institution Conference on Issues in Science &
Technology
Williamsburg, Virginia, September 1990
Speaker
``Science, Technology, and Congress''
MIT Management of Technology Program
The Brookings Institution
Washington, D.C., January 1990
Moderator and Sponsor
Workshop on Federal Interagency Coordination of Neurotoxicity
Research and Regulatory Programs
Congressional Office of Technology Assessment
Washington, D.C., May 1989
Chair
Policy Roundtable: Pros and Cons of a Proposed Department of
Science & Technology
Tenth Annual Research Conference
Association for Public Policy & Analysis
Seattle, Washington, October 1988
17. Please identify each instance in which you have testified
orally or in writing before Congress in a governmental or non-
governmental capacity and specify the date and subject matter of each
testimony.
Congressional Testimony
El Nino Forecasts and Plans for Operating Dams and other
Facilities in the Western United States
Subcommittee on Water and Power
Committee on Resources
U.S. House of Representatives
October 30, 1997
Pfiesteria and its Impacts on Our Fishery Resources
Subcommittee on Fisheries Conservation
Committee on Resources
U.S. House of Representatives
October 9, 1997
Science and Resource Management in the National Park System
Subcommittee on National Parks and Public Lands
Committee on Resources
U.S. House of Representatives
February 27, 1997
Strengths and Weaknesses of the Federal Environmental Research
and Development System
Subcommittee on Technology, Environment, and Aviation
Committee on Science, Space, and Technology
U.S. House of Representatives
November 1994
Coordinating Federal Environmental R&D Programs--The Role of
the National Science and Technology Council
Subcommittee on Toxic Substances, and Research and Development
Committee on Environment and Public Works
U.S. Senate
July 1994
Strengthening Risk Assessment within the U.S. Environmental
Protection
Agency
Subcommittee on Technology, Environment, and Aviation
Committee on Science, Space, and Technology
U.S. House of Representatives
March 1994
Federal Environmental R&D Programs
Subcommittee on Technology, Environment, and Aviation
Committee on Science, Space, and Technology
U.S. House of Representatives
March 2, 1993
Identifying and Controlling Neurotoxic Substances
Subcommittee on Toxic Substances, Environmental Oversight,
Research and Development
Committee on Environment and Public Works
U.S. Senate
October 1990
Vulnerability of Children to Neurotoxic Substances
Select Committee on Children, Youth, and Families
U.S. House of Representatives
September 1990
18. Given the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated, what in your background or employment experience do you
believe affirmatively qualifies you for appointment to the position for
which you have been nominated, and why do you wish to serve in that
position?
I believe my past experience leading and overseeing complex
organizations focused on natural resources management, conservation,
and science will allow me to contribute to and effectively serve the
National Oceanic and Atmospheric Administration. The diverse
experiences I have been fortunate to have, along with my interests in
science, technology, and government, will also be helpful in this
regard.
Much of my career has been dedicated to furthering the linkages
between water, science, and environmental policy which will be helpful
in guiding work related to fisheries resources and protection of
endangered and threatened species. During the Clinton Administration, I
worked on many water resource issues including salmon recovery and
conservation, effective dam operation, and a range of water policy
issues nationwide. I worked to guide scientific activities supporting
the recovery of the Mississippi River basin following the floods of
1993. I was actively involved in efforts to monitor and limit the
adverse impacts of invasive species. I was involved in the Federal
response to the Pfiesteria problem in the Carolinas, Gulf of Mexico
hypoxia issues, and in the scientific aspects of recovery of the
Everglades. More recently, I worked on issues related to the expansion
of military activities on Guam and efforts to avoid impacts on coral
reefs associated with expanded naval operations.
During the Clinton Administration, I was actively involved in the
application of national assets to aid in responding to natural
disasters, including hurricanes and floods.
If confirmed, I will work to ensure the effective management and
conservation of our coastal and marine resources that are critically
important from both the economic and ecological perspectives.
19. What do you believe are your responsibilities, if confirmed, to
ensure that the department/agency has proper management and accounting
controls, and what experience do you have in managing a large
organization?
Effective management of agency programs is critical to maintaining
public trust in government. Federal managers have a responsibility to
ensure that public funds are used efficiently and are properly
accounted for. This is particularly important during this period of
economic recovery and public concern about Federal spending. I have
managed and overseen large Federal agencies including the U.S.
Geological Survey and the Bureau of Reclamation. During the Clinton
Administration, I was charged by the Secretary of the Interior with
overseeing the closure of the Bureau of Mines and the relocation of as
many employees as possible to other Federal agencies. We accomplished
this in an orderly fashion with respect for the careers of several
thousand Federal employees.
20. What do you believe to be the top three challenges facing the
department/agency, and why?
I believe the three major challenges facing the conservation and
management side of the National Oceanic and Atmospheric Administration
are working to minimize the impacts of wide range of threats to the
viability of coastal and marine environments, ensuring the
sustainability of coastal and marine fisheries, and protecting
threatened and endangered species, while balancing the economic uses of
the resources that are facing these threats. All of these activities
are dependent upon the strong foundation of research, development, and
monitoring activities.
Healthy coastal and marine environments are critical to the
economies of coastal states and to the Nation more generally. These
environments are facing multiple stressors that must be systematically
addressed in a practical, cost-effective fashion.
Sustaining fisheries resources, a central element of our economy,
is one of the great challenges of our time. Federal, state, and local
governments must work in concert with the fishing industry,
nongovernmental organizations, and other stakeholders to ensure the
long-term sustainability of these resources.
b. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers. Please include information related to retirement
accounts.
I have no financial arrangements or compensation agreements. I have
TIAA/CREF ($159,289) and Fidelity retirement accounts ($156,437), along
with a Federal Thrift Savings Plan ($358,583). All of my investments
are in mutual funds in retirement accounts.
2. Do you have any commitments or agreements, formal or informal,
to maintain employment, affiliation, or practice with any business,
association or other organization during your appointment? lf so,
please explain. None.
3. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department of Commerce's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
4. Describe any business relationship, dealing, or financial
transaction which you have had during the last ten years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identity potential conflicts of
interest.
Any potential conflicts of interest will be resolved in accordance
with the terms of an ethics agreement that I have entered into with the
Department of Commerce's designated agency ethics official and that has
been provided to this Committee. I am not aware of any other potential
conflicts of interest.
5. Describe any activity during the past ten years in which you
have been engaged for the purpose of directly or indirectly influencing
the passage, defeat, or modification of any legislation or affecting
the administration and execution of law or public policy.
I have had some indirect involvement in supporting various
legislative proposals in Congress related to compensation for the
former American hostages in Iran (between 2008 and 2013). My father was
one of the 52 hostages held captive from November 1979 to January 1981.
While leading the U.S. Institute for Environmental Conflict
Resolution (1988 to present), I have performed typical duties of a
Federal manager in meeting with congressional staff in connection with
the annual appropriations process.
6. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items.
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of Commerce's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department of Commerce's designated agency ethics
official and that has been provided to this Committee. I am not aware
of any other potential conflicts of interest.
c. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain. No.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority of any Federal,
State, county, or municipal entity, other than for a minor traffic
offense? If so, please explain. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in an administrative agency proceeding or
civil litigation? If so, please explain.
As the son of a diplomat held hostage at the U.S. embassy in Tehran
from 1979 to 1981, I have been a party to several class action lawsuits
seeking restitution from the Islamic Republic of Iran for the hostage
taking. The lawsuits have not been successful.
In 2008, my wife and I filed a lawsuit against a builder for
improper construction of our home and for impacts on my wife's health.
We received compensation for damages as a result of a settlement.
I am a complainant in a pending Office of the Special Counsel (OSC)
matter: 2012 to present, I and other senior managers at the Udall
Foundation expressed concerns about financial and personnel matters to
the Chair and the Vice Chair of the Udall Foundation Board of Trustees,
the Udall Foundation Executive Director, and Interim Executive
Director. Certain members of the leadership took retaliatory action
against me and other senior managers who had made disclosures. As a
result, I and other senior managers filed complaints with the OSC
related to the retaliation against us for expressing these concerns.
While this matter is still pending, I am not aware of any counter-
complaints or factual allegations asserted against me.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain. No.
5. Have you ever been accused, formally or informally, of sexual
harassment or discrimination on the basis of sex, race, religion, or
any other basis? If so, please explain. No.
6. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination.
None to my knowledge.
d. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
resume of mark schaefer
Deputy Executive Director for Environmental Conflict Resolution 2008-present
Morris K. Udall and Stewart L. Udall Foundation
Tucson, Arizona
Independent Consultant 2007-2008
(including Woodrow Wilson International Center for Scholars,
Worrell Water Technologies; part-time position,
Executive Vice President, ZedX, Inc.)
CEO 2006-2007
Global Environment and Technology Foundation
Arlington, Virginia
President and CEO 2000-2006
NatureServe
Arlington, Virginia
Deputy Assistant Secretary of the Interior for Water & Science (& Acting Assistant Secretary, 1996-2000
2000)
Washington, D.C.
Acting Director, U.S. Geological Survey 1997-1998
(October 1997 to February 1998)
Washington, D.C.
Assistant Director for Environment 1993-1996
Office of Science and Technology Policy
Executive Office of the President
Washington, D.C.
Director, Washington Office & Senior Staff Associate 1989-1993
Carnegie Commission on Science, Technology, & Government
Washington, D.C.
Tutor in Environmental Policy (& Instructor, Winter 1993) 1988-1993
Stanford in Washington, Stanford University
Washington, D.C.
Study Director & Analyst 1987-1989
Office of Technology Assessment
U.S. Congress, Washington, D.C.
Congressional Science Fellow 1987-1988
Office of Technology Assessment
U.S. Congress, Washington, D.C.
Graduate Student 1983-1987
Stanford University, Stanford, California
Teaching Assistant 1984-1985
Stanford University, Stanford, California
Staff Member, Environmental Research Laboratory 1980-1983
U.S. Environmental Protection Agency
Corvallis, Oregon
Staff Member, Office of Research and Development 1977-1980
U.S. Environmental Protection Agency
Washington, D.C.
Boards and Commissions
Member 2004-2008
Commission on Education and Communication
World Conservation Union (IUCN)
Member 2002-2007
Board on Earth Sciences and Resources
National Research Council
National Academy of Sciences
Member 2002-2005
National Environmental Conflict Resolution Advisory Committee
Member 2001-2003
National Commission on Science for Sustainable Forestry
Trustee, Morris K. Udall Foundation 1996-1999
Tucson, Arizona
Education
Ph.D., Neurosciences 1987
Stanford University, Stanford, California
B.A., Zoology & Botany 1977
University of Washington, Seattle, Washington
Fellowships and Professional Awards
Congressional Science Fellow 1987-1988
Group Bronze Medal, U.S. EPA 1983
Special Achievement Award, U.S. EPA 1979, 1980
Selected Publications
Schaefer, M., Baker, D.J., Gibbons, J.H., Groat, C.G., Kennedy, D.,
Kennel, C.F., and Rejeski, D. (2008). An Earth Systems Science Agency,
Science, Vol. 321 (4 July 2008), pp. 44-45.
Bond, J.S., Schaefer, M., Rejeski, D., and Nichols, R.W. (2008). OSTP
2.0, Critical Upgrade: Enhanced Capacity for White House Science and
Technology Policymaking: Recommendations for the Next President,
Woodrow Wilson International Center for Scholars, June 2008.
Schaefer, M. (2008). Water Technologies and the Environment: Ramping Up
by Scaling Down. Technology in Society Vol. 30, pp. 415-422 (Elsevier,
Ltd.).
Schaefer, M. (2005). In Search of a Lifeline (Editorial), Science, Vol.
308 (April 2005), p. 325
Schaefer, M. (2002). Jeffersonian GIS, Geospatial Solutions, April 2002
Schaefer, M. (2001). Emerging Tools for Developing, Integrating, and
Distributing Conservation Information, in: The Role of Environmental
NGOs: Russian Challenges, American Lessons, National Academy Press.
Schaefer, M. (1996). The Economic Promise of Environmental
Technologies, in: Technology and Global Economic Competitiveness, New
York Academy of Sciences.
Schaefer, M. (1993). Children and Toxic Substances: Confronting a Major
Public Health Challenge. Environmental Health Perspectives Supplements
101(4).
Schaefer, M. (1991). The Federal Environmental Research Puzzle: Making
the Pieces Fit. Environment 33(9), pp. 16-20, 38-42.
Contributor
Federal Interagency Committee for the Management of Noxious and Exotic
Weeds, R. Westbrooks, ed., (1998). Invasive Plants: Changing the
Landscape of America.
National Science and Technology Council. (1998). Integrated Science for
Sustainable Ecosystems.
Executive Office of the President. (1996). Education for
Sustainability: An Agenda for Action.
Executive Office of the President. (1995). Bridge to a Sustainable
Future: National Environmental Technology Strategy.
National Science and Technology Council. (1995). Research Strategy for
Risk Assessment, Subcommittee on Natural Resources and the Environment.
National Science and Technology Council. (1995). Partnerships
Supporting Education About the Environment: Summary of Proceedings,
September 28-October 1, 1994.
Executive Office of the President. (1994). Technology for a Sustainable
Future: A Framework for Action.
Carnegie Commission on Science, Technology, and Government. (1993). New
Frontiers in Regulatory Decision Making: The Role of Science and
Technology.
Carnegie Commission on Science, Technology, and Government. (1993).
Environmental R&D: Strengthening the Federal Infrastructure.
Carnegie Commission on Science, Technology, and Government. (1993). A
Science and Technology Agenda for the Nation: Recommendations for the
President and Congress.
Carnegie Commission on Science, Technology, and Government. (1992).
Enabling the Future: Linking Science and Technology to Societal Goals.
Carnegie Commission on Science, Technology, and Government. (1991).
Science, Technology, and Congress: Analysis and Advice from the
Congressional Support Agencies.
Carnegie Commission on Science, Technology, and Government. (1991).
Science, Technology, and Congress: Expert Advice and the Decision-
Making Process.
U.S. Congress. (1990). Neurotoxicity: Identifying and Controlling
Poisons of the Nervous System. Office of Technology Assessment, U.S.
Government Printing Office, Washington, D.C.
Congressional Testimony
El Nino Forecasts and Plans for Operating Dams and other Facilities in
the Western United States
Subcommittee on Water and Power
Committee on Resources
U.S. House of Representatives
October 30, 1997
Pfiesteria and its Impacts on Our Fishery Resources
Subcommittee on Fisheries Conservation
Committee on Resources
U.S. House of Representatives
October 9, 1997
Science and Resource Management in the National Park System
Subcommittee on National Parks and Public Lands
Committee on Resources
U.S. House of Representatives
February 27, 1997
Strengths and Weaknesses of the Federal Environmental Research and
Development System
Subcommittee on Technology, Environment, and Aviation
Committee on Science, Space, and Technology
U.S. House of Representatives
November 1994
Coordinating Federal Environmental R&D Programs--The Role of the
National Science and Technology Council
Subcommittee on Toxic Substances, and Research and Development
Committee on Environment and Public Works
U.S. Senate
July 1994
Strengthening Risk Assessment within the U.S. Environmental Protection
Agency
Subcommittee on Technology, Environment, and Aviation
Committee on Science, Space, and Technology
U.S. House of Representatives
March 1994
Federal Environmental R&D Programs
Subcommittee on Technology, Environment, and Aviation
Committee on Science, Space, and Technology
U.S. House of Representatives
March 1993
Identifying and Controlling Neurotoxic Substances
Subcommittee on Toxic Substances, Environmental Oversight, Research and
Development
Committee on Environment and Public Works
U.S. Senate
October 1990
Vulnerability of Children to Neurotoxic Substances
Select Committee on Children, Youth, and Families
U.S. House of Representatives
September 1990
Senator Nelson. Senator Schatz, do you have any more
questions before you have to go?
Senator Schatz. Thank you, Mr. Chairman. I do have one
additional question. I apologize for going out of order.
Senator Nelson. No, you are certainly welcome.
Senator Schatz. My question is about the bigeye tuna issue,
if you will just give me a moment to pull up the question. The
Western Pacific Fisheries Management Commission has, under the
South Pacific Tuna Treaty, established an annual quota on
bigeye tuna for Hawaii's longline fleet. And that quota is too
low to support their full-year participation in the fishery.
If confirmed, do I have your commitment to work with us to
constructively support the well-managed Western Pacific
longline fishery?
Dr. Schaefer. Yes, Senator Schatz. I know this is a very
important issue in Hawaii and to you personally. And I am happy
to take the time to work carefully to ensure that that fishery
is managed optimally.
Senator Schatz. Thank you very much. We do have a well-
managed fishery, and it is a big industry for the state of
Hawaii. And to the extent that it is both profitable and
sustainable, it ought to be a model for the rest of the world.
And we are going to have to make some adjustments on the fly to
make sure that they remain economically viable as they have
demonstrated that they are being managed sustainably.
Dr. Schaefer. I would welcome the opportunity to work with
you on that.
Senator Schatz. Thank you very much, Dr. Schaefer.
Thank you, Mr. Chairman.
Senator Nelson. Senator Wicker, your comments and then your
questions.
STATEMENT OF HON. ROGER F. WICKER,
U.S. SENATOR FROM MISSISSIPPI
Senator Wicker. Thank you very much, Mr. Chairman. I just
left the Joint Economic Committee talking about infrastructure,
and I got over here as soon as I could. So I am appreciative
that Senator Schatz was here to ask questions, and I am glad
that we did not adjourn the hearing before I could get here.
I want to thank you, Senator Nelson, for chairing this
hearing on the nomination of Dr. Schaefer to be Assistant
Secretary for--of Commerce for Oceans and Atmosphere. It is
important for the Committee to review the nominations for NOAA
leadership promptly in order for this Agency to be managed
appropriately.
It may come to--as a surprise to some of our viewers today
that NOAA is the largest agency within the Department of
Commerce, and has a mission of science, service, and
stewardship. The Agency is responsible for conducting research
and gathering data to help us understand our oceans and
atmosphere, as well as manage our resources. The
responsibilities of NOAA include daily weather forecasts,
fisheries management, coastal restoration, and support for
marine commerce. NOAA is organized into six line offices and
requires strong leadership to ensure that these line offices of
working together and serving the needs of our country.
NOAA has a vital presence throughout our Nation, including
in my home state of Mississippi. NOAA facilities in Mississippi
include the National Data Buoy Center, the Northern Gulf
Institute, the National Institute for Undersea Science and
Technology, and the National Coastal Data Development Center.
The work performed at these centers and institutes is important
for understanding our oceans and coasts and protecting our
resources for our citizens.
Today, NOAA faces many challenges, including a tough fiscal
environment, needed improvements in fisheries management, and
the restoration of the Gulf of Mexico following the Deepwater
Horizon disaster. If not handled appropriately, sequestration
has a potential to endanger the NOAA mission. Large cuts have
already been made at the National Data Buoy Center, which is
crucial for environmental monitoring.
Recreational fishing issues have also been challenging.
This year, two lawsuits were filed against the National Marine
Fisheries Services regarding the Federal management of red
snapper, and I will ask the witness about that in just a
moment.
NOAA will need to work with local partners to resolve these
issues in coming years. It is also tasked with important
responsibilities for Gulf restoration under the RESTORE Act. We
are counting on NOAA leadership to manage RESTORE Act programs
and funds properly. I look forward to hearing Dr. Schaefer's
perspectives on how NOAA can face these challenges.
And again, thank you, Senator Nelson, for holding the
hearing.
Senator Nelson. If you want to go on and ask some
questions.
Senator Wicker. Well, let me ask then, if I might, about
the red snapper issue. Tell us what--enlighten the Committee,
if you will, about the red snapper lawsuits, and how do you
feel about fisheries management approaches that require
coordination between the states and Federal Government?
Dr. Schaefer. Thank you, Senator Wicker. Yes, the red
snapper issue is, in many ways, similar to other issues on
other coasts in that often the fundamental question is just how
many fish are there and what is the quality of the most recent
stock assessment. And one of the continuing challenges is
making sure that we have access to the best--that NOAA has
access to the best available science in order to make accurate
stock assessments.
I know there is a disagreement in the Gulf about just how
many fish there are there, and there has also been some
substantial improvement in the red snapper stocks. But at the
same time, the pace of fishing has picked up. So things are
improving, but there is still that basic question about the
viability of the fishery and the available fish.
And that is the nature of the disagreement as I understand
it. I am not familiar with the details of the individual
lawsuits, but I am committed to this fundamental issue of
ensuring that we are bringing the best available science to
bear in making fisheries decisions, and that we are working
effectively with the states and the fishery management councils
to ensure that we are using those data to make sound decisions.
Senator Wicker. Do you think the discrepancy in the
estimates is a result of different methodologies used by
various scientists? What accounts for the different estimates
as to how many snapper we have, for example?
Dr. Schaefer. Sometimes that is the case, and methodologies
do vary, and methodologies are always being improved. And I am
not familiar with the specifics of the red snapper situation in
terms of the methodologies, but that is an issue that I know is
very important to you and to constituencies in the Gulf region.
And I will take that very seriously if I am confirmed, and try
to ensure that we are using the best available science to
develop those assessments.
Senator Wicker. Very good. Let me then pivot to the dead
zone in the northern Gulf of Mexico. We understand that it is
expected to be the largest in history this year. Can you
enlighten the Committee about the dead zone in the northern
Gulf? How do you plan to work with other agencies and academic
institutions to deal with complex problems, such as the dead
zone?
Dr. Schaefer. The dead zone and other challenges in the
Gulf of Mexico, I think, will benefit from the work that you
and others have done on the Committee through the RESTORE Act
to provide additional funding to look comprehensively at what
is happening in the Gulf of Mexico.
I did work on the Gulf of Mexico hypoxia issue, the dead
zone issue, more than 15 years ago when I was at the Department
of Interior, and I have been down to the Gulf regions for
meetings on that subject. I am very interested in it. Even
then, there were some fundamental differences of opinion as to
what the true source of the problem is, and I know that some of
that stands today.
I look forward to working on that issue. The key point, and
you have referred to this, is that there are scientific assets,
so to speak, throughout the Gulf region, whether they are in
universities, in State agencies, in Federal agencies, or
elsewhere. And the challenge is finding a way to knit those
capabilities together to make sure that we are taking advantage
of expertise wherever it exists, and that we are developing a
comprehensive view of what is going on in the Gulf of Mexico.
Senator Wicker. Is there a consensus as to the cause of the
dead zone? What are the various viewpoints? You say that there
seems to be a difference among scientists about this.
Dr. Schaefer. Well, one thought is that because of
nutrients that are entering the Mississippi River, up along the
river in the many agricultural areas, that that is actually a
causative factor in the dead zone.
There are a variety of forces that are clearly acting, and
I think it is fair to say some of them still are not
understood. I am hesitant, based on the information I had from
some years ago, to say too much more than that, except to say
that I am very interested in the issue, and I look forward to
getting down there talking with scientists and understanding
where things stand, and then doing what NOAA can to ensure that
we both understand the problem and we can take actions to
prevent it.
Senator Wicker. Thank you very much, sir.
Dr. Schaefer. Thank you.
Senator Nelson. Senator, my heart goes out to you, and to
Senator Landrieu, and Senator Vitter, for the dead zone is the
size of Delaware, off your states.
Now, we have enough trouble in Florida with dead zones of
polluted water being dumped out of Lake Okeechobee, which it
has to because the lake gets too high, and it threatens the
earthen dam because of the pressure. But what it does is it
creates a dead zone to the east in the St. Lucia River and to
the west in the Caloosahatchee River. I have been out on that
river 6 years ago when it was, in fact, a dead river. And the
same thing is happening now because the water has gotten up to
15 feet high, and the Corps of Engineers is going to have to
start dumping water out of there to avert a disaster of it
breaking the dam and flooding all of these agricultural and
populated areas.
I know what that river looked like when I went out there.
It was dead. There were no mullet jumping. It was a dirty green
look from all of the algae. There were no porpoises rolling.
There was no osprey or eagle flying to get their dinner. And I
just cannot imagine a dead zone the size of the state of
Delaware off your and Louisiana state.
So, I want to help you, and I need help from you all as we
try to clean it up. And it is being done through an Everglades
Restoration Project, which we have it going on pretty good. It
has been going on for 20 years. It is going to take a lot more
time. But you have got an emergency, and I want to help you.
Senator Wicker. Well, I appreciate, Senator Nelson, you--I
appreciate your concern and your assurance. And we will
certainly look to you and others for assistance in this regard,
as well as looking to NOAA for the facts and the science. So,
thank you.
Senator Nelson. Now, with regard to your questions on the
fisheries, thanks to your help, you were a co-sponsor of the
RESTORE Act. Once the judge makes his decision on what the fine
is going to be, that money is going to flow pursuant to the law
that we pass called the RESTORE Act. And two and a half percent
of that total is going to go to try to address exactly the
question that you answered--that you asked, which was, what is
the fish population out there? And making those assessments
through the National Marine Fisheries Service, helped by the
commission that was set up by the RESTORE Act, in order to have
up to date data on what the fish population is so that we do
not go through what we have been going through, where decisions
are made to cut off a fishery with outdated data, data that is
six and seven years old. And that is one of the benefits of the
RESTORE Act.
So, Dr. Schaefer, tell us what you think about it since you
are going to be working directly with the National Marine
Fisheries Service about utilizing that two and a half percent
of the RESTORE Act.
Dr. Schaefer. Well, I think it is a tremendous opportunity
to develop a much more comprehensive picture of the pressures
on the Gulf ecosystem, the pressure on the fisheries there, and
to integrate scientific efforts across universities, State
agencies, and the Federal Government. Also, there will be an
opportunity to develop a much more comprehensive understanding
of the complexities of that system, and it is very complex
because, as Senator Wicker pointed out, there is a very large
dead zone.
It has been very challenging to try to address that issue,
and we simply need more information. We need more expertise in
general in tackling the kinds of problems that you described in
the Everglades and elsewhere in Florida. We need to make sure
that we are taking advantage of the talents that exist
throughout our country, and that we are coupling our capacities
in Federal agencies with the outstanding expertise that exists
in our universities. And there has been a long track record at
NOAA of working collaboratively in this regard.
I would like to continue with that if I am confirmed, and
make sure through activities like the RESTORE Act, where NOAA
will have some substantial funding, to make sure that we are
using that expertise, and that we are building a solid
framework for decisionmaking.
Senator Nelson. OK. That is good. Now, Senator Rubio and I
are going to have a hearing in a couple of weeks down in famous
Apalachicola Bay, which used to be known and has been known
over the centuries as some of the finest oysters. That is being
threatened. It is being threatened by a number of things, not
the least of which the lack of fresh water coming down the
river that starts the Chattahoochee River up north of Atlanta.
And this fishery collapsed last year, long-term drought plus
the lack of the fresh water coming down the river, illegal
harvesting. Twenty-five hundred jobs were impacted. We are
going to bring attention to this, Senator Rubio and me.
Now, it is my understanding that NOAA needs information to
document a fishery failure before it can declare an emergency.
So do you have information on this that you can update us on
the status of this declaration?
Dr. Schaefer. Since I have not worked within NOAA in recent
years or within the Federal Government, I do not have access to
the specifics on that issue. But I know that it is a very
significant problem, and I know it is very important to your
constituencies. I am committed, if I am confirmed, to making
sure that NOAA uses all of its capabilities to understand the
nature of that problem, and that, if it makes sense to make a
disaster declaration, that we have the scientific basis for
doing so. I would be happy to look into it.
Senator Nelson. OK. Well, we are going to help you along by
virtue of the hearing that we will have coming up in the early
part of August down there.
Senator Ayotte?
STATEMENT OF HON. KELLY AYOTTE,
U.S. SENATOR FROM NEW HAMPSHIRE
Senator Ayotte. Thank you, Chairman. Appreciate it. Thank
you, Dr. Schaefer. Appreciate your being here.
And I think as I walked in, I heard the chairman talking
about how do we determine how much fish or other types of
aquatic life we have in an area. And this is an issue that I am
very concerned about in the Gulf of Maine, that we have had a
situation, particularly with the cod and had a stock in the
Gulf of Maine, that as a result of actions taken by NOAA--in
fact, yesterday I was questioning Administrator Bullard about
this issue, that our fishermen have gone through this year a 78
percent cut in what they can fish for in their quota for the
Gulf of Maine--in the Gulf of Maine for cod. And you can
imagine what that does to a small fishing boat. In fact, many
of them have gone out of business.
And one of the issues that was touched upon in the hearing
yesterday is that the need for--in fact, the head of the New
England Fishery Management Council reiterated this. The need
for better data and research to be able to know exactly, you
know, what stocks exist, and to put us in a position where, you
know, these people who are small fishermen and women who have
been put out of business, many of them have done this for
generations. And you can imagine it is sort of part of our
tradition. We are very proud of them.
And so it is an issue that I am very concerned about
because there is a lot of feeling that the science behind it is
that we have not adequately developed it to really understand
where things are. And so, I wanted to get your thoughts on that
because it seems to me that we need to do better research so
that we can strike the right balance so that, you know, people
who have made their livelihood, I think, responsibly off the
seas for years, trying to do the right thing, can continue to
do that, while we make sure that we have obviously adequate
stocks.
Dr. Schaefer. Thank you for that question, Senator. I know
that the fisheries in New England are extremely important to
the economies of those States, important jobs, a wonderful
livelihood that is actually iconic really----
Senator Ayotte. Right.
Dr. Schaefer.--in New England. I lived in Massachusetts,
and I learned that as a young person. And I know that when
Federal agencies work with fishery management councils, they
are making real decisions that affect real people. And I am
very sensitive to these types of issues.
Stock assessments that you are referring to, that is a
common theme that we are encountering on our coasts. The
frequency of our stock assessments, I think, is something that
we should step back and take a look at. Of course, doing them
and doing them well does require supporting those who are doing
them. And we need to make sure we have adequate resources, that
we are levering capabilities both within Federal agencies, and
in universities, and State agencies to make sure that we are--
and with the information that the fishermen are providing, so
that we have a solid understanding of what is there.
It is an extremely important issue, and I realize a
reduction of that magnitude has a major impact on individuals.
Senator Ayotte. Anyone who is running any kind of business,
if they saw a 78 percent reduction--I mean, it is hard to see
how they would survive, and particularly those who have made
their way on the seas for years and generations.
Dr. Schaefer. Yes. And, again, I am very sensitive to that,
and the regional administrator I know has been grappling with
this and definitely lays awake at night worrying about it.
I will make it a high priority, if I am confirmed, to make
sure that we are bringing the best science to bear, and where
there are deficiencies, that we are communicating that to the
Committee so that we can work together to find a way to resolve
those things.
Senator Ayotte. Well, I appreciate that. That is very
important to all of us in New England, and that you would give
a commitment to that issue to make sure that what we are doing
in research is adequate, and if we need to obviously put a
greater emphasis on it, if you communicate that with the
Committee, I certainly look forward to working with you on
that. So, thank you, Doctor.
Dr. Schaefer. Thank you, Senator.
Senator Nelson. Senator Scott?
STATEMENT OF HON. TIM SCOTT,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Scott. Thank you, sir. Dr. Schaefer, good to see
you this morning.
Dr. Schaefer. Thank you, Senator.
Senator Scott. I recently on Monday had a meeting with a
lot of my guys in the fisheries business, and my question
really is very similar to Senator Ayotte's question. I would
love for you to come down to South Carolina and take a look off
the coast so you can have an appreciation for the reality that
we, at least at home, believe that we need more sound science
to show the reality of the oceans. And we would love for you to
come down and participate in an offshore discovery opportunity.
I will say that one of the questions I thought was
important that my fishermen were asking had to do with the fact
that their livelihood is not a today-only livelihood. There are
actually multiple generations in the business, and they have
started restaurants and succeeded. One specific company, Crosby
Seafood, spent a lot of time just helping me understand what it
takes for them to help create the wonderful tourism that we
have on the coast. We bring about $30 million tourism in from
Myrtle Beach through Charleston and Hilton Head.
Much of our tourism is driven by our restaurants.
Charleston has been fortunate to be the number one tourist
destination in the world, according to Conde Nast magazine. And
part of that is because of the success of our restaurant
business. There is a company--a restaurant, Husk, number one
new restaurant in 2011 in all of America.
They set their menus at midnight, and I am not sure if I
have this exactly as they said it, but this is basically how it
happens. They get a text from the satellite that tells them
what is going to be available, and then they set their menu for
the next day because every day they try to change their menu.
And there are certain things that you cannot get during
season, so in March and April, it is very difficult to get any
red snapper because of the limits. Also, in addition to red
snapper, there is a grouper limit. And they say that the limits
are inconsistent with what is available in the ocean.
So my question is, as we have driven our economy in South
Carolina, especially on the coast of South Carolina, with
tourism because of our restaurant business, which is then
driven by what is found in the oceans, it would be very
important for us to have an opportunity for you to come down
and help us understand the process that you would take to
uncover what NOAA really needs to do in order to understand
what is happening off of the coast of South Carolina.
Dr. Schaefer. I would welcome the opportunity, Senator. And
just for the record, I have been one of those tourists that
comes down to Myrtle Beach and have spent many hours body
surfing off the coast there. And my son, Greg here, went to
Coastal Carolina University just in Conway there. So we had the
opportunity to visit then.
Senator Scott. Yes.
Dr. Schaefer. I recognize how important tourism is to South
Carolina and to so many other States. It is critical to the
Gulf. It is critical to New England, and the West Coast, and
Hawaii. And we want to make sure that we have resilient coastal
resources, that we understand what we have, that we understand
what the threats are to those resources, that we are doing the
very best we can to ensure that with respect to fisheries, we
know what is there, we know what the trends are, and what the
pressures are on those resources. And all of that requires this
sound scientific foundation that you are referring to.
We also, as you may know, Senator, have--NOAA has the Coast
Services Center there in Charleston, which has the focal point
for bringing information together about the status of our
coastal and marine resources. And that is a remarkable facility
in your backyard.
Senator Scott. On James Island, I have been there a couple
of times, and it really is a great resource for us.
The second question I have for you, and it is really more
of a comment than it is a question. The President's Executive
Order implementing a new national ocean policy gives NOAA
responsibility for over 130 items without any specificity with
respect to new regulations, or new regulatory actions, or legal
authority that has been spelled out.
And so, my real question is, one of the concerns that we
have is that with that large footprint, without any clarity
that would be provided by legislation, we find ourselves in a
position where it seems like the Federal reach would go beyond
where it has been. It goes into our inland, our lakes, and
ponds, our rivers.
I would love to have your comment on how to go about
building a policy that creates clarity, and ensuring that the
bureaucracy does not start creating legislation essentially by
rulemakings.
Dr. Schaefer. One of the challenges we have--well, it is
both a strength and a challenge, that our environmental--the
Nation's natural resources and environmental laws have evolved
over many years. And they have goals and objectives that
sometimes overlap and sometimes compete with each other. And
so, we have the strongest network in the world for ensuring the
viability of our resources.
But at the same time, there is a tension there, and it is
difficult at times to see the big picture and understand the
interconnectedness of the various regulatory mandates and the
impacts that they have in the real world on small businesses,
large businesses, fishermen, and so on.
I know--you asked a complex question, and it is one that I
would be very interested in looking into and working with you
on. I will say in general that I believe that a Federal agency
needs to be very careful any time it takes a step to enhance or
institute a new regulatory program. You need to understand the
impacts of that. And there is an entity within OMB that helps
to make sure that agencies do understand the impacts, and we
are being thoughtful about any new regulations that we devise.
So I am sensitive to it, and I am committed, if I am confirmed,
to paying attention to that.
Senator Scott. We hope to have the opportunity, if you are
confirmed, to work with you on what we would define as a
Federal overreach, and define some limits on how to gather the
information in such a way that it makes it all work together
and creates connectivity without the Federal Government
becoming in charge of what we believe is important to remain in
the hands of states and local jurisdictions.
Dr. Schaefer. Thank you, sir.
Senator Scott. Yes, sir. Thank you, Mr. Chairman.
Senator Nelson. Further questions?
[No response.]
Senator Nelson. Well, Dr. Schaefer, thank you.
I want to remind the colleagues that--and NOAA that we have
agreed on an expedited process for questions for the record. So
for the Committee members, please have your questions submitted
by the close of business tomorrow, July 25. And, Dr. Schaefer,
the Committee asks that your response to these questions be
submitted by 10:00 Monday morning.
We hope to vote on your nomination at the Committee's
Executive Session on Tuesday, July 30. And so, if we can
expedite this process, it will enable us to go ahead and vote
on your nomination.
Thank you for being here. Thanks to the Committee for its
participation.
The meeting is adjourned.
Dr. Schaefer. Thank you, Senator.
[Whereupon, at 10:44 a.m., the hearing was adjourned.]
A P P E N D I X
Response to Written Questions Submitted by Hon. Maria Cantwell to
Dr. Mark E. Schaefer
International Pacific Halibut Commission
Question 1. The Department of Commerce oversees a number of key
nominations and appointments at the National Oceanic and Atmospheric
Administration. Mr. Bob Alverson, a halibut fisherman from Seattle, was
nominated to be a Commissioner on the International Pacific Halibut
Commission for the non-Alaska seat. Recreational, commercial and tribal
Pacific halibut fisheries provide jobs to fishers, outfitters,
processors, seafood retailers and shipyards throughout the Pacific
Northwest. According to the International Pacific Halibut Commission's
Annual Report, the sport halibut fishery is second only to salmon, with
landings reaching over 370,700 pounds in 2010. In addition, the
commercial halibut catch on the West Coast was 407,600 pounds
supporting many commercial fishing jobs both in our coastal
communities, in the Puget Sound and in ports up the Columbia River.
Despite Pacific halibut's importance to our coastal economies, the
Department of Commerce has failed to appoint commissioners. Mr.
Alverson has been waiting over a hear and a half to hear from the
Department.
Mr. Schaefer, when confirmed, will you select a commissioner for
the International Pacific Halibut Commission? By what date will you
have commissioners selected, and notified of their selection? In your
role as Assistant Secretary, how will you prevent long, costly, drawn
out appointment processes at the Department of Commerce in the future?
Answer. While I am not familiar with the specifics of this
Commission, I do understand the importance of this to you and your
constituents. I am also sensitive to the appointments process and how
lengthy that process can be. If confirmed, I will get up to speed on
the specifics of this particular process and work with the White House,
who makes the final appointment, to make sure the process moves
forward.
Shark Finning and NOAA Overreach
Question 2. Shark populations globally are declining at alarming
rates. My home state took action on this issue by passing a law in 2011
to ban the possession and sale of shark fins--the market for which
drives overexploitation of sharks worldwide. We joined a growing number
of states in recognizing that the main way to combat the global
slaughter of sharks is to remove the market for, and trade in, shark
fins. In May of this year, however, the National Marine Fisheries
Service (NMFS) issued a proposed rule in which the agency articulated a
view for the first time that state laws like Washington's may be
preempted by the recent Shark Conservation Act of 2010. My question for
you relates to the way in which the agency handled itself in this
matter.
Dr. Schaefer, federal agencies are required under Executive Order
13,132 to engage in a consultation process with states whose laws may
be affected, when the agency intends to preempt state law. NMFS failed
to consult with my state, and any other state, before issuing its
proposed rule on shark fins. Please explain how the agency was able to
do this. Furthermore, will you give me your commitment that this will
not happen under your leadership?
Secondly, now that the consultation process has slowly started in
both Washington and California, Dr. Schaefer, currently California's
shark fin law, which is similar to Washington's law, is subject to
litigation. Private parties from industry have challenged the law, and
the State of California and intervenors are defending the law. On
Monday of this week, the U.S. Department of Justice filed an amicus
brief in the Ninth Circuit Court of Appeals, taking the position on
behalf of NMFS that the California law is preempted by Federal law. I
am not weighing in on ongoing litigation, but I want to understand how
NMFS has been conducting business between interested parties.
NMFS is currently engaged in consultation with the State of
California, just as it is with the State of Washington, ``in an
effort to avoid . . . a conflict'' between state and Federal
law that would result in preemption. Executive Order 13,132, 64
Fed. Reg. 43,255, 43,257 (August 10, 1999). Please explain why
this aggressive action in the courts--which flatly denies any
compatibility between state and Federal law--does not undermine
the consultation process required by Executive Order 13,132 as
a way of collaboratively avoiding conflicts between state and
Federal law?
Can you ensure that NMFS will conduct itself in a more
measured way with respect to preemption, following through with
a full consultation process before taking litigation positions,
under your leadership? You should know, that this type of
behavior from NMFS regarding legal opinions and non-legal
``white papers'' (which are non-legal, legal documents prepared
by lawyers) is a pattern which creates enormous uncertainty in
our states, and with our stakeholders.
Answer. I am not familiar with the complexities of this specific
issue, but I can assure you that my practice in any position I have
held has been to hear from all interested parties to make sure all
sides of the issue are heard and at least taken into account before a
final decision is made. If confirmed, I will make sure I fully
understand this issue and set up a process that will ensure all views
are heard and considered in a timely manner moving forward.
______
Response to Written Questions Submitted by Hon. Richard Blumenthal to
Dr. Mark E. Schaefer
Question 1. I keep hearing that NOAA's research budget keeps
getting slashed, and at the same time that we have pressing needs for
data and important questions we need to answer--whether it is questions
about the status of fish stocks or what acidification and climate
change mean for our shellfish farmers in Connecticut?
How do you see NOAA accomplishing its core mission of informing
important management choices in an era of declining research budgets?
Are the alternative revenue streams or budget cuts that can be made
to allow NOAA to conduct the critical research that needs to be done?
Answer. This is a question many Federal agencies have to face in
this challenging budget environment. If confirmed, I would work to
ensure the agency takes a hard look at its core missions and what is
needed to sustain these at an adequate level, while leveraging
partnerships with academia and industry to make sure the best available
science informs the agency's decisions.
Question 2. Strict new rebuilding requirements, coupled with the
annual catch limit mandate, create problems achieving sustainable yield
for healthy stocks co-harvested in fisheries where some catch of
rebuilding species is inevitable. In such instances, rebuilding stocks
become ``choke'' species, preventing full harvest of healthy stocks and
creating allocation battles. The problems Georges Bank yellowtail
flounder are causing for New England haddock and scallop fishermen
illustrate the situation. For instance, even though Georges Bank
haddock is highly abundant, only a small fraction of its annual catch
limit can be harvested. Likewise, yellowtail by-catch limits are
driving scallop management decisions. Indeed, increasingly small
yellowtail flounder allocations to the scallop fishery and associated
accountability measures risk closing the scallop fishery in highly
productive areas on Georges Bank. Conservation is important to our
fishing communities, but so is the need for abundant stocks to be
harvested. What steps are NOAA Fisheries and the fishery management
councils taking to help ensure that fishermen have access to abundant
resources, such as scallops and haddock?
Answer. I am aware of steps NOAA has taken to increase the
industry's access to healthy stocks. These include proposing to re-open
areas closed to fishing to facilitate harvest of healthy stocks,
lowering the minimum sizes of some stocks to reduce discards and
increase revenues, and encouraging the exploration of new gear types by
issuing exempted fishing permits.
Question 2a. What flexibility can be added to the Magnuson-Stevens
Act to better balance conservation with access to abundant resources,
such as scallops and haddock?
Answer. Striking this type of balance is important and requires
consideration of input from a broad range of interested parties. If
confirmed, I look forward to learning more from you and your
colleagues, the Councils, state agencies, universities, tribes, and the
fishing industry about this particular dimension of this important
piece of legislation. I will work to develop strategies and priorities
for any reauthorization legislation that will safeguard the progress it
has enabled, and seek to develop innovative solutions to improve it.
Question 3. We have been successfully reducing over-capacity issues
in our fishing fleets for nearly two decades.
Are we nearly where we need to be in terms of matching the fleet's
capacity with sustainable harvest levels or are further cuts going to
be required? Are there other sectors where we could be putting
displaced fishermen to work? When there was a net ban in Florida,
training programs ushered in millions of dollars of new clam farming
production.
Should we be re-training fishermen to grow mussels or seaweed? What
can NOAA do to streamline permitting for mussel farms in Federal
waters? We import millions of dollars of mussels from Canada.
NOAA has determined that the Magnuson-Stevens Act gives it
authority to regulate shellfish aquaculture activities in Federal
waters. Are there any shellfish aquaculture experts or representatives
on the Regional Councils? Should the Regional Fisheries Management
Councils have any regulatory authority over shellfish aquaculture
permitting?
Answer. These are important questions and issues that deserve close
study, and I am committed to looking into them. As I have already
stated, if confirmed, I look forward to learning more from you and your
colleagues, the Councils, state agencies, universities, tribes, and the
fishing industry about this important piece of legislation, and how
these issues fit in the picture of its reauthorization. I will work to
develop strategies and priorities for any reauthorization legislation
that will safeguard the progress it has enabled, and seek to develop
innovative solutions to improve it.
Question 4. One of the issues that I hear about from shellfish
farmers in Connecticut is that certain environmental regulations can
pose challenges for shellfish permitting, which is a big industry in my
state.
For instance eelgrass is protected as ``essential fish habitat''
under Magnuson-Stevens Act. Yet I hear from scientists that shellfish
aquaculture provides many of the same ecosystem benefits that eelgrass
provides, including improvements in habitat and water quality.
Should we move away from a policy that mandates ``no net loss of
eelgrass''--to one that says ``no net loss of ecosystem function''?
Is there a way for us to preserve biodiversity and ecosystem
services while creating new jobs and providing sustainable seafood as
well?
Answer. My career has focused on ensuring that strong, solid
science informs the best policy decisions we can make for our
environment and our economy. Preserving biodiversity and ecosystem
services is precisely the way to ensure strong coastal economies where
jobs rely on tourism, marine resources, resilient coastal communities,
and healthy ecosystems. If confirmed, I look forward to learning more
on the reauthorization of the Magnuson-Stevens Act looking for ways to
provide opportunities to balance resource use with conservation.
Question 5. Information collected by fisheries observers represents
an important source of data for fishery conservation and management.
For instance, observer data is used in many fisheries to track a
fishing fleet's level of bycatch against its overall bycatch limits.
Certain fishermen, such as scallop industry participants, are required
to pay for their own observers, and that can be very expensive. I
understand it can take many months for NOAA Fisheries to be able to
compile and analyze data obtained from observers so these data can be
used to estimate bycatch levels. As a result, fishermen can end up
``flying blind'' during the fishing season in terms of knowing where
their catches are in relation to bycatch catch limits.
What more can NOAA Fisheries do to ensure observer information is
accurate?
What more can NOAA Fisheries do to ensure that observer information
is available in time to be useful to the fishermen who are paying for
it?
Answer. I understand that there can be time delays in inserting
observer data into the process that determines catch limits simply
because paper records have to be entered into computer systems. This is
one reason so many are interested in implementing electronic monitoring
in fisheries where it makes sense for fishermen and the fishery. One
advantage of electronic logbooks is the rapid transmission of data. If
confirmed, I look forward to working with the fishing industry and
Congress to see these efficiencies implemented where possible so
fishermen can have more certainty in their business operations.
______
Response to Written Questions Submitted by Hon. John Thune to
Dr. Mark E. Schaefer
Timely communication with Congress
Question 1. Questions for the record--like this one--are an
important way for our Committee Members to more deeply understand the
positions of the Departments and agencies over which we have
jurisdiction. We hope that those Departments and agencies view the
responses to those questions as an opportunity to further educate
Members about their challenges and views.
The National Oceanic and Atmospheric Administration (NOAA) has not
been as responsive to this Committee as many of us expect. In the 112th
Congress, there was one instance in which NOAA failed to provide
answers to questions for the record; ten months after the questions
were submitted to the agency, the hearing record was closed and the
following acknowledgement was printed in the hearing record: ``Although
Committee Members submitted written Questions for the Record to Dr.
Jane Lubchenco following the March 7, 2012, hearing, NOAA did not
provide responses to the Committee before the hearing record was closed
on January 25, 2013.'' This Congress, we are still awaiting answers to
questions for the record sent on April 3, 2013, following a March 19
fisheries hearing.
In addition, some of my fellow Senators have written to the agency
to inquire about the status of issues important to their states and
have not received timely responses. For example, my colleagues from
Georgia wrote to the agency in April to seek an update on the status of
a permit application; they have not yet received an answer.
If you are confirmed to be Assistant Secretary of Commerce for
Oceans and Atmosphere, will you do your best to ensure that
communications between NOAA and our Committee and its Members are
timely and accurate? In particular, I would appreciate responses to
substantive questions for the record within no more than three months;
in cases where official responses on that timeline are impossible, I
would appreciate the agency to communicate the reason for the delay to
the Committee.
Answer. I know communication with Congress is an important function
for the position for which I am nominated. If confirmed, I will
absolutely do my best to ensure communications between NOAA and the
Committee are timely and accurate. If we are not able to meet certain
deadlines, I will commit to communicating clearly with the Committee as
to why.
NOAA Reorganization
Question 2. In 2008, you were lead author on a paper, ``An Earth
Systems Science Agency,'' published in Science. In this article, you
and your coauthors advocate for the establishment of an ``independent
Earth Systems Science Agency formed by merging the National Oceanic and
Atmospheric Administration (NOAA) and the U.S. Geological Survey
(USGS).'' Do you still think that realigning Federal earth systems
science agencies, including NOAA, would best position the U.S. to
address future environmental challenges? Further, if such a
reorganization were to take place, what would be the fate of the
fisheries functions of NOAA, for example the National Marine Fisheries
Service (NMFS), taking into account studies such as the Government
Accountability Office's 2013 ``Potential Benefits and Drawbacks of
Merging the National Marine Fisheries Service into the Fish and
Wildlife Service'' (GAO-13-248)?
Answer. I and several colleagues wrote that paper a number of years
ago strictly from the viewpoint of an optional approach to aligning
earth science activities. I am fully aware of how much time and effort
goes into any type of reorganization, especially if it is done
correctly. If confirmed, I will focus on ensuring NOAA's expertise
continues to support vibrant coastal economies and complements the work
of other Federal agencies.
Question 3. Should you be confirmed, how would you ensure that
NOAA's employees are encouraged to express concerns about financial or
other mismanagement issues at the agency, and that those concerns are
taken seriously and investigated in a timely manner by the appropriate
members of NOAA's management team?
Answer. If I am confirmed, I will work with the Commerce and NOAA
General Counsel's offices to be sure that NOAA employees in the offices
I oversee are aware of their rights and responsibilities with respect
to financial and other management matters, including the procedures for
properly reporting concerns about possible waste, fraud, abuse, or
other concerns. I will also ensure that managers are informed of the
procedures for addressing these concerns in a timely manner, including
when it is appropriate to notify others in the department or elsewhere
of reported issues.
______
Response to Written Question Submitted by Hon. Roger F. Wicker to
Dr. Mark E. Schaefer
Question. I am concerned regarding a recent trend of a lack of
communication and responsiveness between NOAA and Congressional
offices.
Dr. Schaefer, over the course of the last year, members of the
Senate and staff of this committee have been in contact with NOAA and
the National Marine Fisheries Service (NMFS) regarding an application
submitted in June of 2012 by Georgia Aquarium for the importation of
beluga whales from Russia. Following extensive engagement between the
Aquarium and NMFS, an extended period of public comment and
expectations provided by the agency to the Aquarium of a decision
throughout the winter and spring. But to date, despite bipartisan
outreach from Congress and direct engagement with agency leadership by
the Aquarium, no decision has been made on the permit, and no
indications have been provided to the petitioner of when a decision can
be expected.
Members are concerned that the agency has failed to officially
respond to multiple letters from the Congress requesting a status
update and an inability to provide certainty or detail to the
petitioners regarding the status, concerns or when to expect a
decision. More troubling is that this is not a unique situation. The
Institute for Marine Mammal Studies and the Mississippi Congressional
delegation had to send multiple letters to NOAA on their unrelated
application for any action to take place.
How do you plan to improve the responsiveness of the agency to
Congress?
Answer. I firmly believe that open communication and responsiveness
are key to any decision, especially the difficult decisions I know I
will face if confirmed. I look forward to learning about the specific
issues surrounding these communication challenges and working with you
on ways to improve responsiveness on these issues and others, if
confirmed.
______
Response to Written Questions Submitted by Hon. Marco Rubio to
Dr. Mark E. Schaefer
Question 1. Mr. Schaefer: Your predecessors at NOAA--former
Administrator Jane Lubchenco; former Acting Asst. Secretary Eric
Schwaab, and Acting Assistant Administrator Sam Rauch--all publicly
acknowledged (repeatedly) problems with allocation of fishery resources
between commercial and recreational fisheries. One said allocation was
``rusted shut.'' Another noted that allocations were ``frozen in time
30 years ago.'' All pledged to do something to fix these institutional
inequities. Are you going to do something about the problems of
allocation?
Answer. If confirmed, I will commit to looking into the allocation
issues and reach out to all interested parties to hear ideas about how
best to approach fixing the issue.
Question 2. Mr. Schaefer: My home state of Florida is the epicenter
of marine recreational fishing that generates an annual $17 billion
economic impact. From the NOAA conference in May of this year to
congressional hearings on both sides of the Capitol, we are hearing the
stark truth: that the Magnuson-Stevens Act is not working for
recreational fishing; that strict interpretation of MSA combined with
Federal budget constraints atop a lack of scientific data yielding
business-crushing uncertainty. All these are ingredients in a recipe
for disaster in coastal angling towns across the Sunshine State. How
will you help the Department of Commerce ensure that the Magnuson-
Stevens Act will start working for recreational fishing?
Answer. I understand that NOAA has strengthened its focus on and
relationship with the recreational fishing community in recent years.
If confirmed, I pledge to carry that positive relationship forward. I
believe success occurs when all parties are at the table and, if
confirmed, I will ensure that the recreational community has a seat at
the table as conversations about the next reauthorization of the
Magnuson-Stevens Act occur.
Question 3. Mr. Schaefer: Red snapper management in the Gulf of
Mexico is broken. It reached an all-time low this year with the Federal
courts rejecting NMFS' discriminatory tactics. The Gulf governors have
called on Congress to allow their states to manage this important
fishery resource. As you know, the states have an impressive track
record managing fisheries. Do you support the governors' request to
send red snapper management to the states?
Answer. I know this is an important fishery for your state as well
as the region. From what I understand, while challenges remain, there
have been positive developments including an increased allocation for
fishermen. However, I am also aware that this is a complex issue and
there are a couple of lawsuits currently pending with NOAA. If
confirmed, I will make sure I get the specifics of the history leading
up to this point and work with Congress, the Administration and the
industry on this important issue.
Question 4. As you know, accurate and up-to-date science is
essential for proper fishery management. May I get your commitment to
make data collection a priority within the agency?
Answer. Accurate and up-to-date science is the foundation for the
proper management of any resource, especially fisheries. If confirmed,
I will work hard to make sure our decisions are based on strong science
and that proper data collection remains a top priority for the agency.
Question 5. NOAA recently proposed listing 66 coral species as
endangered species by estimating the health of the species over the
next 100 years. While I understand we are in the early stages of the
process, I am concerned about the potential economic impact this
listing may have on recreational fishermen and businesses in Florida.
May I get your commitment to work with my office as the agency moves
forward with this listing?
Answer. I know complex decisions like this can have far-ranging
economic impacts, which need to be considered in the decision process.
However, I know that protecting our coastal areas and resources,
including corals, is critical for maintaining healthy tourism,
fisheries and other economic opportunities. If confirmed, I commit to
working with Congress, stakeholders and the Administration as the
agency considers the proposed listing.
Question 6. As you know, the Subcommittee has begun the process of
working to reauthorize the Magnuson-Stevens Act. Should you be
nominated what policies would you highlight and prioritize in the
reauthorization?
Answer. If confirmed, I look forward to learning more from you and
your colleagues, the Councils, state agencies, universities, tribes,
and the fishing industry about this important piece of legislation. I
will work to develop strategies and priorities for any reauthorization
legislation that will safeguard the progress it has enabled, and seek
to develop innovative solutions to improve it.
______
Response to Written Questions Submitted by Hon. Kelly Ayotte to
Dr. Mark E. Schaefer
Question 1. Dr. Schaefer, NOAA has had a long and very successful
history of collaboration with the academic community through
cooperative agreements and institutes. For example the Joint
Hydrographic Center at the University of New Hampshire has provided
NOAA and the private sector with software tools for hydrographic
surveys, has found applications in fisheries research, has aided in the
mapping of the U.S. outer continental shelf, and has supported the
Nation's response to the Deepwater Horizon oil spill. What are your
views about the role of these cooperative research centers today and in
the future?
Answer. I believe that policy decisions should be founded on the
best science available which is created by bringing together the best
expertise. Cooperative research centers play a role in making that
happen, as do other types of research performers. If confirmed, I look
forward to working with NOAA, the industry, our external partners and
Congress to ensure our science is collaborative and strong.
Question 2. Dr. Schaefer, as Assistant Secretary of Commerce for
Oceans and Atmosphere, you will play an important role in coordinating
the efforts of NOAA's partners and stakeholders in the Gulf of Mexico
in the wake of the Deepwater Horizon oil spill. As you know, NOAA's
role in spill response and restoration requires that its scientists and
responders provide other Federal partners with the best available
scientific advice on the spilled oil's fate, behavior and effects.
In your role as Assistant Secretary, could you outline for the
Committee how you propose to ensure that NOAA scientists and spill
practitioners keep abreast of the findings of these very large and
disparate research efforts, and have the opportunity to translate them
into improved response, damage assessment and restoration?
Answer. NOAA has valuable expertise regarding oil spill response
and restoration and I'm familiar with the important science and
expertise that is housed at the University of New Hampshire. If
confirmed, I will work to ensure that NOAA continues its valuable
collaboration with academic partners like the University of New
Hampshire to continue to provide the best oil spill response and
restoration resources possible so the Nation can be well prepared for
any future events.