"[P]eople acting in a group can accomplish things which no individual acting alone could even hope to bring about." - FDR

News & Analysis | REG•WATCH Blog | Press Room

Tuesday, November 13, 2007

White House Rejects NOAA Krill Rule

The White House Office of Management and Budget (OMB) has rejected a National Oceanic and Atmospheric Administration (NOAA) proposed rule intended to protect krill. According to NOAA's proposal, "As the principal food source for many fish and non-fish species, krill are a critical component of the marine ecosystem."

The rule would have prohibited krill harvesting off the west coast of the United States. NOAA began the rulemaking at the recommendation of the Pacific Fishery Management Council (Council), one of several independent regional advisory panels comprised of fishery management experts and local government officials.

According to NOAA, krill is not currently fished in U.S. waters. However, because of krill's importance in the food chain, "The Council has agreed it is critical to take preventive action at this time to ensure that a krill fishery will not develop that could potentially harm krill stocks, and in turn harm other fish and non-fish stocks."

On Oct. 30, OMB's Office of Information and Regulatory Affairs (OIRA) rejected the proposed rule. In a letter, OIRA Administrator Susan Dudley identified why her office is rejecting the rule. Among other things, Dudley accuses NOAA of failing to identify the rationale for the rulemaking and scolds the agency for not including measurable performance objectives.

Under Executive Order 12866, Regulatory Planning and Review, OIRA reviews agency proposed and final regulations before they are released to the public. Usually, OIRA reviews "economically significant" rules (those expected to have an economic impact of $100 million or more) and "other significant" rules (those that interfere with the actions of other agencies, materially alter budgetary impacts, or raise novel legal or policy issues).

The krill rule does not meet any of those criteria. In fact, because krill is not currently fished in the U.S., NOAA believes no economic impact would result. It appears OIRA chose to review this rule for other reasons.

The rejection of the rule comes at the end of a long-delayed White House review period. NOAA submitted the proposal to OIRA on May 29. Under E.O. 12866, OIRA is to complete its review within 90 days of receiving the rule from the agency. In consultation with the agency, OIRA may extend the review period once for 30 days. Since OIRA did not complete its review until Oct. 30, the office had exceeded its time limit by more than a month.

NOAA may go forward with a revised rule if the agency addresses Dudley's concerns.

Reg•Watch Update: "A Proactive NOAA Vs. a Reactive White House"