[Senate Hearing 107-975]
[From the U.S. Government Printing Office]
S. Hrg. 107-975
NOMINATION OF VICE ADMIRAL CONRAD
C. LAUTENBACHER, JR. TO BE UNDER
SECRETARY FOR OCEANS AND ATMOSPHERE
AT THE U.S. DEPARTMENT OF COMMERCE
AND ADMINISTRATOR OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
__________
THURSDAY, NOVEMBER 8, 2001
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
87-497 U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2003
____________________________________________________________________________
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpr.gov Phone: toll free (866) 512-1800; (202) 512�091800
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTH CONGRESS
FIRST SESSION
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Mark Buse, Republican Staff Director
Jeanne Bumpus, Republican General Counsel
C O N T E N T S
----------
Page
Hearing held on November 8, 2001................................. 1
Statement of Senator Wyden....................................... 1
Prepared statement........................................... 3
Statement of Senator Stevens..................................... 3
Witness
Lautenbacher, Vice Admiral Conrad C., nominated to be Under
Secretary for Oceans and Atmosphere at the U.S. Department of
Commerce and Administrator of the National Oceanic and
Atmospheric Administration..................................... 4
Prepared statement........................................... 5
Biographical and financial information....................... 6
Appendix
Snowe, Senator Olympia, prepared statement....................... 29
Responses to written questions submitted to Vice Admiral Conrad
C. Lautenbacher by:............................................
Hon. Ernest F. Hollings...................................... 19
Hon. John McCain............................................. 20
Hon. John Kerry.............................................. 24
Hon. Olympia Snowe........................................... 25
Hon. Ron Wyden............................................... 27
Hon. Daniel Inouye........................................... 28
NOMINATION OF VICE ADMIRAL CONRAD
C. LAUTENBACHER, JR. TO BE UNDER
SECRETARY FOR OCEANS AND ATMOSPHERE
AT THE DEPARTMENT OF COMMERCE
AND ADMINISTRATOR OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION
----------
THURSDAY, NOVEMBER 8, 2001
U.S. Senate,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Committee met, pursuant to notice, at 2:40 p.m. in room
SR-253, Russell Senate Office Building, Hon. Ron Wyden,
presiding.
OPENING STATEMENT OF HON. RON WYDEN,
U.S. SENATOR FROM OREGON
Senator Wyden. The hearing will come to order.
First let me apologize to you, Mr. Lautenbacher. We have
been juggling a number of matters on the floor. It seems to
change every few minutes, and my apologies to you for the delay
and any inconvenience.
We are pleased today to consider the nomination of Vice
Admiral Conrad Lautenbacher as the eighth Under Secretary for
Oceans and Atmosphere and Administrator of the National Oceanic
and Atmospheric Administration. I understand, sir, that Deputy
Secretary Bodman is with you. We would also like to thank him
for his ongoing cooperation and we are glad to have him here.
NOAA was created on October 3rd, 1970, due in large part to
the work of our distinguished Chairman, Senator Hollings.
Congress created NOAA in order to provide ``better protection
of life and property from natural hazards, for better
understanding of the total environment, and for exploration and
development leading to intelligent use of our natural
resources.''
All the Members of this Committee recognize the need to
have an agency whose mission is to describe and predict changes
in the Earth's environment and to conserve and wisely manage
the nation's coastal and marine resources. The recently
established Commission on Public Policy is going to take a new
look at these issues, which ought to raise the profile of NOAA
issues nationally and certainly here in Washington, DC.
With an annual appropriation of over $3 billion and over
11,000 employees located in every state, NOAA represents over
60 percent of the Department of Commerce's budget and nearly 30
percent of the total Department of Commerce workforce. The
agency faces a number of challenges over the next decade,
including management of the coastal zone, protecting and
managing fish stocks and marine mammals, providing critical
information on climate change, and continuing to protect the
public and facilitate commerce by issuing state-of-the-art
forecasts and warnings.
One-half of the nation's population lives within 50 miles
of the coast and if population trends continue as expected,
pressure on conflicting demands for ocean coastal resources are
likely to increase, as will vulnerability to coastal hazards.
States and coastal communities certainly need an activist
federal government to improve coordination, strengthen
partnerships, and provide the necessary resources.
Given our nominee's experience both in and out of the
federal government, he clearly is in a position to assist the
NOAA team. We believe your practical management experience will
also serve you well in efforts to improve NOAA management of
marine fisheries and devise innovative solutions.
As I think our nominee knows, our West Coast groundfish
fishery and the communities that depend on it are clearly in
desperate shape. Over the past decade, the West Coast
groundfish fishery has experienced a population decline for
several of the species that comprise the fishery, forcing the
managers to impose even more strict regulations and leading to
a great deal of economic dislocation.
I am particularly concerned that the management of the
Northwest Region has ignored a number of these looming
problems. I will say that the NOAA Fisheries Director Bill
Hogarth is now working to improve this situation, and clearly
there is much to do. I happen to believe that a serious
management evaluation is warranted.
I want the nominee to know that I look forward to working
with him and Dr. Hogarth on these issues. The challenge is to
get the right number of fishers out there at the right time,
catching the right number of fish, in order to make this
industry sustainable. The average fisherman in Oregon has now
lost 40 percent of his income and in some cases regulations
have cut the total allowable catch by 90 percent. There has
been no long-term help for the fisher who wants out of this
regulatory nightmare.
For the past few years, Congress has provided economic
assistance to help these folks get by and that is to a great
extent through the help of Chairman Hollings and Senator
Stevens, and we are very appreciative Senator Stevens is here.
But we also need you as our nominee to help find these
creative solutions to there being too many fishers and not
enough fish. That has been the challenge year after year.
I am going to put the rest of my prepared remarks into the
record so I can recognize my colleague who has been patient,
Senator Stevens.
[The prepared statement of Senator Wyden follows:]
Prepared Statement of Senator Ron Wyden
Good afternoon. It is my distinct pleasure to convene this hearing
today to consider the nomination of Vice Admiral Conrad Lautenbacher as
the eighth Under Secretary for Oceans and Atmosphere and Administrator
of the National Oceanic and Atmospheric Administration (NOAA) at the
Department of Commerce. Vice Admiral, we welcome you. I understand
Deputy Secretary Bodman is with you, and I'd like to thank him for his
show of support. We are glad to have you here with the nominee.
As many of you know, NOAA was created on October 3, 1970, due in
large part to the work of our distinguished Chairman Senator Hollings.
Congress created NOAA in order to provide ``better protection of life
and property from natural hazards . . . for a better understanding of
the total environment . . . and for exploration and development leading
to the intelligent use of our natural resources.'' All of us on this
Committee recognize the need for this country to have an agency whose
mission is to describe and predict changes in the Earth's environment
and to conserve and wisely manage the nation's coastal and marine
resources. The recently established Commission on Ocean Policy will be
taking a fresh look at these same issues, which will appropriately
raise the profile of NOAA issues nationally and here in Washington.
With an annual appropriation of over $3 billion and over 11,000
employees located in every state, NOAA represents over 60 percent of
the Department of Commerce's budget and nearly 30 percent of the total
Department of Commerce workforce. NOAA faces a number of challenges
over the next decades, including management of the coastal zone,
protecting and managing our fish stocks and marine mammals, providing
critical information on climate change and continuing to protect the
public and facilitate commerce by issuing state of the art forecasts
and warnings.
One-half of the nation's population lives within 50 miles of the
coast and if population trends continue as expected, pressure on and
conflicting demands for ocean and coastal resources will increase, as
will vulnerability to coastal hazards. States and coastal communities
need federal help to improve coordination, strengthen partnerships and
provide resources to develop coherent approaches for managing and
protecting ocean and coastal resources. Given your experience both in
and out of the federal government, you will have invaluable expertise
to assist the NOAA team in this complex effort.
Your practical management experience will also serve you well in
efforts to improve NOAA management of marine fisheries and to devise
innovative solutions. As you know, our West Coast groundfish fishery
and the communities who depend upon it are in desperate shape. Over at
least the past decade, the West Coast groundfish fishery has
experienced a population decline for several of the species that
comprise the fishery, forcing fisheries managers to impose ever more
strict regulations and leading to a great deal of economic dislocation
among fishermen and fishing communities. I am particularly concerned
that the management of the Northwest region has ignored the looming
problems, which has contributed greatly to the severity of the
situation. I know NOAA Fisheries Director Bill Hogarth is working to
improve this situation, but I think a serious management evaluation is
warranted. I look forward to working with you and Dr. Hogarth during
the remainder of this Congress to help resolve these issues and bring
solutions that work to our coastal communities.
Finally, NOAA plays a huge role in atmospheric research and
technology development. The services provided by the National Weather
Service are essential to ensuring the efficiency and safety of our day-
to-day activities--from fishing to air travel. Moreover, hurricane and
polar satellites operated and managed by NOAA ensure we are able to
predict and prevent devastating hurricanes and tornadoes. Finally, NOAA
models and scientists form the core of the U.S. technical leadership in
climate change prediction and monitoring. These are all critical
missions that must not be overlooked in the ``ocean'' agency.
I trust you will keep a firm grasp on both.
I look forward to hearing your views about NOAA and how it can
strengthen federal efforts to help the nation prosper on our seas and
in our skies.
Thank you.
STATEMENT OF HON. TED STEVENS,
U.S. SENATOR FROM ALASKA
Senator Stevens. Thank you very much. Mr. Chairman, I am
here to welcome the Admiral also. I am in another meeting
concerning the defense bill right now, but I did want to stop
by and thank him for visiting with me. We had a discussion
already concerning some of the issues NOAA is involved in. I do
agree with you that Bill Hogarth is a man we can rely on.
I have only one comment, Admiral, that I did not make
before. I will not be able to stay and ask any questions. I do
not have any anyway, as a matter of fact. But I do hope that
you will look into our situation in Alaska with regard to
global climate change. Some people say it is warming, other
people say it is change.
In any event, in Alaska it is real, because there is no
question that we now have sea water intrusion in many of our
villages. We have a situation up on the Arctic Ocean coast,
where public and federal facilities are soon to be inundated
with the Arctic Ocean. Our forests are moving further north.
The permafrost is disappearing in some areas of Alaska and it
is coming to other areas of Alaska. So it is not a total
balance in terms of whether it is getting warmer or colder up
our way, but there is change up there that needs more
understanding and we need more basic research.
I think if we could catch up and understand what is going
on in the Arctic, we might understand what will go on in the
rest of the country in years to come. So I encourage you to
come up and take a look there, Admiral. I would like to travel
around and show you some of the things that I have seen and
hopefully find a way to get you to work with NASA. NASA also is
very interested in this and I think that your two agencies
could go a long way in trying to get us some understanding that
we need of what is changing and why in the Arctic.
But I do congratulate you and look forward to working with
you, and I am sorry I have to leave, Mr. Chairman. Thank you
very much.
Senator Wyden. Senator, thank you for coming. I just
appreciate all the help that you and Senator Hollings have
given us on these issues.
Admiral why do you not go ahead and make any remarks that
you choose and then we will have some questions.
STATEMENT OF VICE ADMIRAL
CONRAD C. LAUTENBACHER, JR.
Admiral Lautenbacher. Yes, sir. Mr. Chairman and Senator
Stevens. I appreciate the opportunity to be here with you
today. First of all, I would like to ask that my statement be
entered for the record.
Senator Wyden. Without objection, so ordered.
Admiral Lautenbacher. And just make a couple of opening
comments. First of all, I want to thank the President for
bestowing this honor on me. I appreciate very much the support
of the Secretary of Commerce Evans and Deputy Secretary of
Commerce Bodman in this appointment and I look forward to
working with them.
I am very grateful for the courtesy shown to me by the
Members of this Committee that I visited this week. I am again,
as I say, very happy to be here today at this hearing and
looking forward to the future.
I will not recount my background. I think it is well known.
I do want to say that I think we have a number of challenges
facing us. Senator Stevens certainly articulated some of the
major challenges involved with climate change that will affect
the whole country and the whole globe, not necessarily just
Alaska, although it is deeply felt in that part of our country.
We face a number of challenges, not just in the climate
change, but in environmental management, environmental
monitoring, new energy sources, in biotechnology, biodiversity,
medicine and just the general coupling of the atmosphere and
the Earth and the ocean systems together for the well-being of
humanity.
I think that we need to work in the future to support and
bring on board all of the disciplines that are needed to build
the basic science necessary for good public policy. The Earth
and the atmosphere and the oceans remain coupled and the work
that we do in the future will affect our economic health and
the health and the well-being of each individual of this
country and indeed for the world.
So I think we have a lot to do. I look forward to being
part of the team that does that mission. I am very appreciative
and admiring of the work that NOAA has done to date. It is an
agency that affects everybody's lives. In the morning you get
up, the first thing you ask for is the weather report. All of
our industries function today on understanding what is
happening in the climate and what is happening in their
environment. We have enormous challenges in our coastal
environment, managing the oceans and the coastal ecology and
the atmosphere in those areas as well.
I would like to wrap up by saying that I am a strong
believer in intergovernmental cooperation. I want to work
together with all the agencies that deal with the oceans and
the atmosphere. I want to work together with the Congress and
the members of the staffs and all the committees that cover
this broad area.
I am proud to have been nominated and should I have the
privilege of earning your confirmation I look forward to
working with you. My intent is to serve the President, the
Secretary of Commerce, the talented people who make up NOAA
today, and our fellow citizens across the nation. As my record
shows in the past, I will work hard with the good Members of
this Committee, the Senate and the House in building sound
programs and building support to enact those programs for the
betterment of our country.
Again, thank you very much for your courtesy, Mr. Chairman
and Members of this Committee.
[The prepared statement and biographical information of
Vice Admiral Lautenbacher follow:]
Prepared Statement of Conrad C. Lautenbacher, Jr.
Mr. Chairman, Members of the Committee, I am pleased to appear
before you today regarding my nomination for Under Secretary of
Commerce for Oceans and Atmosphere for the Department of Commerce. I
thank the President for nominating me to this position and Secretary of
Commerce Evans and Deputy Secretary of Commerce Bodman for their
confidence and support. I am also most grateful for the courtesies
shown me during my visits with many of the distinguished Members of
this Committee, and the opportunity to testify here today.
As most of you know, I have spent forty years of my life in the
United States Navy, from my days as a Midshipman at the U.S. Naval
Academy to my final tour on active duty as the Deputy Chief of Naval
Operations for Resources, Warfare Requirements, and Assessments. As a
native of Philadelphia, Pennsylvania, I am proud to have received my
initial appointment to the U.S. Naval Academy from a distinguished
Member of this great deliberative body, Senator Hugh Scott.
I can tell you that I know of no prudent Naval force commander who
has not understood the importance of the combined state of the ocean
and weather above it as a first priority in planning and executing a
campaign at sea or in the littorals of the world. I am no exception.
During my Naval career, I have developed a life long love of the
oceans, as well as a deep respect for and more than a casual interest
in the atmosphere in which we live, work, and defend our nation. My
graduate education at the MS and Ph.D. levels included a strong dose of
fluid dynamics, and my thesis topic involved an early modeling attempt
to understand Tsunami run up on islands. I have spent the better part
of the year since I left active duty either seeking or serving in my
current capacity as the President of the Consortium for Oceanographic
Research and Education or CORE.
As the President of CORE, I have been able to continue my
association with the oceans and the dedicated people who support and
perform the science and operational observations that are so critical
to our future. I also have had the opportunity to advance my
understanding of the issues currently challenging our nation that
involve our oceans and their strongly coupled relationship with the
atmosphere. My service in the Navy and this past year of work with CORE
have produced a healthy and increasing regard for the importance of the
National Oceanic and Atmospheric Administration (NOAA) to both the
current and future quality of life and economic health of this nation.
I believe this is a very critical time for society in regard to our
stewardship of the oceans and atmosphere. There are numerous issues of
national and international importance in climate observation and
prediction, national security and homeland defense, increased
understanding and prudent management of the environment, living marine
resource management, development of new energy sources, maritime
transportation and safe navigation, and coastal zone management, to
name a few. I look forward to the opportunity to be a part of the team
that must confront and work on these challenges. There is no more
important mission than providing for the sound science and observations
which will allow the development and enactment of sound public policy
in each of these critical areas.
I am a strong believer in intergovernmental cooperation and will
work to ensure that NOAA is a team player with the other agencies that
have interests in or jurisdiction over various aspects of the oceans
and atmosphere. I also believe that the productivity and efficiency of
any organization depends directly on the people who serve in that
organization, and I will do all that I can to ensure an opportunity for
each of the valued employees of NOAA to achieve personal and
professional satisfaction.
I am proud to have been nominated to serve in this vitally
important agency of our government. Should I have the privilege of
earning your endorsement and the confirmation of the Senate, I will
work hard to serve the President, the Secretary of Commerce, the
talented people who make up the NOAA work force and our fellow citizens
across this nation. The oceans and atmosphere are a sacred trust for
the health and well-being of every individual. And as I have in the
past, I intend to work with the distinguished Members and staff of this
Committee, the Senate and the House in building sound programs and the
requisite support for their enactment.
Again, thank you very much for your courtesy and the opportunity to
appear before you today.
______
A. BIOGRAPHICAL INFORMATION
1. Name: Conrad Charles Lautenbacher, Jr.
2. Position to which nominated: Under Secretary of Commerce for
Oceans and Atmosphere.
3. Date of nomination:
4. Address: (Information not released to the public.) Office:
Consortium for Oceanographic Research and Education, 1755 Massachusetts
Ave. NW, Suite 800, Washington, DC 20036-2102.
5. Date and place of birth: June 26, 1942 in Philadelphia, PA.
6. Marital status: Married: Susan Elizabeth (Scheihing)
Lautenbacher.
7. Names and ages of children: Daughter: Elizabeth Lautenbacher
Katz (33); Son: Conrad John Lautenbacher lI (31).
8. Education: 6/65-4/68, Harvard University, Ph.D. 4/68; 10/64-6/
65, Harvard University, MS 5/65; 7/60-6/64, U.S. Naval Academy, BS 6/
64; 2/57-2/60, Central High School, Diploma 1/60.
9. Employment record: US Navy Service 6/60-9/00; Asst. M Div.
Officer, USS WASP (CVS-18), Boston, MA, 6/64-10/64; Student, Harvard
University, Cambridge, MA; 10/64-4/68; Navigator, USS HENRY B. WILSON
(DDG-7), San Diego, CA, 4/68-1/70; Weapons Officer, USS HENRY B. WILSON
(DDG-7), San Diego, CA, 1/70-7/71; Cost Analyst, OSD Systems Analysis,
Washington, DC, 7/71-8/73; Flag Lieutenant, USCINCUSNAVEUR, London,
GBR, 8/73-5/74; Aide, Vice Chief of Naval Operations, Washington, DC,
5/74-3/75; Executive Officer, USS BENJAMIN STODDERT (DDG-22), Pearl
Harbor, HI, 3/75-5/77; Program Analyst, CNO Staff (OP-96), Washington,
DC, 5/77-5/80; Commanding Officer, USS HEWITT (D-966), San Diego, CA,
5/80-8/82; Federal Executive Fellow, Brookings Institution, Washington,
DC, 8/82-9/83; Strategy Analyst, CNO Executive Panel, Washington, DC,
9/83-6/84; Director, Program Planning, CNO Staff (OP-90), Washington,
DC, 6/84-8/86; Commanding Officer, Naval Station Norfolk, Norfolk, VA,
8/86-6/88; Inspector General, US Pacific Fleet, Pearl Harbor, HI, 6/88-
6/90; Commander, Cruiser-Destroyer Group Five, San Diego, CA, 6/90-7/
91; Director (J-8), Joint Staff, Washington, DC, 7/91-2/94; Special
Assistant, Secretary of the Navy, Washington, DC 2/94-8/94; Commander,
US Third Fleet, San Diego, CA, 8/94-10/96; Director,: Office of Program
Appraisal, Washington, DC, 10/96-12/97; Deputy Chief of Naval
Operations (N-8), Washington, DC, 12/97-9/00; Private Sector 10/00-
Present; Independent Consultant, Self Employed, Fairfax, VA, 10/00-
Present; President/CEO, Consortium for Oceanographic Research &
Education, Washington, DC, 3/01-Present.
10. Government experience: Member, Defense Science Board Panel on
Advanced Lasers 10/00-6/01.
11. Business relationships: U.S. Naval Institute, Member, Board of
Control and Editorial Board, 9/92-8/94; United Services Benefit
Association, Member, Board of Governors 9/92-9/96; United Services
Benefit Association, Chairman, Board of Governors 9/96-9/99; CEREBRUM,
Inc. (self-incorporated consulting company), President, 1/01-Present;
Technology, Strategies & Alliances, Consultant, 10/00-Present;
Electronic Warfare Associates, Inc., Consultant, 10/00-Present; Systems
Planning & Analysis Group, Inc., Consultant, 12/00-Present; Symrnetron,
Inc., Consultant, 1/01-Present; Westinghouse Government Services Corp.,
Consultant, 2101-Present; Northrop Grumman Corp., Consultant 4/01-
Present.
12. Memberships: U.S Naval Institute, Member 1964-Present; U.S.
Naval Order, Member 1995-Present; U.S. Naval Order, Board Member, 1998-
1999; Naval Historical Society, Member, 2000-Present; Military Order of
the World Wars, Member, 1995-1996; AARP, Member, 1992-Present; U.S.
Naval Academy Alumni Assoc., Member, 1968-Present; Central High School
Alumni Assoc., Member, 1997-Present; Navy League of the United States,
Member, 2001-Present.
13. Political affiliations and activities: List all offices with a
political party which you have held or any public office for which you
have been a candidate: None.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the past 10
years. None.
(c) Itemize all political contributions to any individual, campaign
organization, political, party, political action committee, or similar
entity of $500 or more for the past 10 years. None.
14. Honors and awards: Defense Distinguished Service Medal;
Distinguished Service Medal with two Gold Stars in lieu of subsequent
awards; Legion of Merit with three Gold Stars in lieu of subsequent
awards; Meritorious Service Medal with two Gold stars in lieu of
subsequent awards; Navy Commendation Medal; Navy Achievement Medal with
Combat ``V''; Combat Action Ribbon; Navy Unit Commendation; Meritorious
Unit Commendation with one Star; Navy Expeditionary Medal; National
Defense Service Medal with one Bronze Star; Armed Forces Expeditionary
Medal; Vietnam Service Medal with three Bronze Stars; Southwest Asia
Service Medal with Three Bronze Stars; Humanitarian Service Medal; Sea
Services Ribbon with two Bronze Stars; Republic of Vietnam Gallantry
Cross Unit Citation; Kuwait Liberation Medal (Kuwait); Kuwait
Liberation Medal (Saudi Arabia); Federal Executive Fellow, Brookings
Institution, 8/82-9/83; Central High School Hall of Fame
(Philadelphia).
15. Published writings: Magic Moments, Boys Life Magazine, May
1959; Magic Moments, above article reprinted in One Nation Under God,
ed. Robert Gordon Smith, Wilfred Funk, Inc. New York, NY 1961;
Collision of Fluid Droplets, Harvard Technical Report No. 2, National
Sciences Foundation Grant GK-165, Cambridge, MA, May 1966; Gravity Wave
Refraction by Islands, Thesis, Harvard University, December 1967,
Cambridge, MA; The Presidents Own, Marine Corps Gazette, November 1968;
Gravity Wave Refraction by Islands, Journal of Fluid Mechanics,
Cambridge, UK, May 1970; Earth Day Should be Ocean Day, CORE Press
Release, reprinted in various Ocean Science organizational newsletters,
April 2001.
16. Speeches: Public Testimony to the Senate Appropriations
Subcommittee on Defense supporting Basic Science, May 2001; Public
Testimony to a combined three subcommittee House hearing on Ocean
Exploration and Observing, July 12, 2001.
17. Selection: (a) Do you, know why you were chosen for this
nomination by the President? Yes.
(b) What do you believe in your background or employment experience
affirmatively qualifies you for this particular appointment? 40 years
experience in the US Navy on the oceans and in the atmosphere of our
world; Ph.D. in Applied Mathematics, Harvard University; 26 years of
management and leadership experience; 16 years of budget and fiscal
planning experience in Washington DC; President/CEO of the primary
Ocean Science support organization in Washington.
B. FUTURE EMPLOYMENT RELATIONSHIPS
1. Will you sever all connections with your present employers,
business firms, business associations or business organizations if you
are confirmed by the Senate? Yes.
2. Do you have, any plans, commitments or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, explain. No.
3. Do you have any plans, commitments or agreements after
completing government service to resume employment, affiliation or
practice with your previous employer, business firm, association or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
C. POTENTIAL CONFLICTS OF INTEREST
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients or customers. Consortium for Oceanographic Research and
Education (CORE)--retain TIAA-CREF 403b--no contributions beyond
termination of employment; CEREBRUM, Inc.--SEP-IRA--Self-incorporated
company to be inactive during government service.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated. Not aware of any.
3. Describe any business relationship, dealing, or financial
transaction which you have had during the last 10 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. Not aware of any.
4. Describe any activity during the past 10 years in which you have
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. As Deputy Chief
of Naval Operations, testified numerous times in support of the Defense
Authorization and Appropriations Bills. Numerous conversations with
House and Senate staffers as President of CORE, testified twice in
support of Basic Ocean Science Research. Numerous conversations with
House and Senate Members and staffers.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items. (Please provide a copy of any trust or other agreements.) I will
report the situation to my immediate superior and recuse myself from
any further deliberations on the matter at issue.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
D. LEGAL MATTERS
1. Have you ever been disciplined or cited for a breach of ethics
for unprofessional conduct by, or been the subject of a compliant to
any court, administrative agency, professional association,
disciplinary committee, or other professional group? If so, provide
details. No.
2. Have you ever been investigated, arrested, charged or held by
any federal, state, or other law enforcement authority for violation of
any federal, state, county, or municipal law, regulation or ordinance,
other than a minor traffic offense? If so, provide details. No.
3. Have you or any business of which you are or were an officer
ever been involved as a party in interest in an administrative agency
proceeding or civil litigation? If so, provide details. No.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any-criminal violation other than a minor traffic
offense? No.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be considered in
connection with your nomination. Not aware of any additional
information.
E. RELATIONSHIP WITH COMMITTEE
1. Will you ensure that your department/agency complies with
deadlines set by congressional committees for information? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistleblowers from reprisal for
their testimony and disclosures? Yes.
3. Will you cooperate in providing the committee with requested
witnesses, to include technical experts and career employees with
firsthand knowledge of matters of interest to the committee? Yes.
4. Please explain how you will review regulations issued by your
department/agency, and work closely with Congress, to ensure that such
regulations comply with the spirit of the laws passed by Congress. All
regulations will be subject to a general counsel review and modified as
necessary to ensure compliance with the intent and spirit of the laws
passed by Congress.
5. Describe your department/agency's current mission, major
programs, and major operational objectives. NOAA is the federal agency
charged with numerous critical tasks in regard to ocean and atmospheric
science and observation. Significant roles include: weather and climate
prediction, fisheries management and regulation, ocean and atmosphere
environmental monitoring, public health and safety monitoring,
navigation and safety of marine transportation, administering marine
sanctuaries and coastal zone management initiatives. In each of these
areas, NOAA has been and must continue to lead as well as help to
coordinate and integrate across all other federal, state and local
entities that are involved in activities that involve the oceans and
atmosphere.
6. 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.
F. GENERAL QUALIFICATIONS AND VIEWS
1. How have your previous professional experience and education
qualified you for the position for which you have been nominated? As a
career Naval Officer, I have spent 40 years either operating in or on,
or engaged in study about our atmosphere and oceans. Advance education
includes a Ph.D. in Applied Mathematics from Harvard University with a
thesis in an oceanographic topic, Tsunami modeling. I have spent a
lifetime studying and using ocean and atmospheric condition
predictions. Weather and ocean conditions play a critical role in
military operations and as such they are a prime concern of every
knowledgeable field commander as well as resource manager. I have been
in charge of organizations at all levels and have a proven success
record in the leadership of large organizations including thousands of
personnel. I have been a successful resource manager at all levels from
entry level to the senior ranking position in the Navy. I believe I
have a combination of understanding of the science and observation of
our oceans and atmosphere, and well as the leadership and management
ability to guide successfully the large and diverse organization that
is NOAA.
2. Why do you wish to serve in the position for which you have been
nominated? Two reasons: First, I have been asked to serve by my
President. I have answered every call in the last forty years and I
don't intend to stop now. Second, I believe this is a very critical
time for society in regard to our stewardship of the oceans and
atmosphere. There are numerous issues of national and international
importance in climate observation and prediction, increased
understanding and prudent management of the environment, living marine
resource management, development of new energy sources, and coastal
zone management, to name a few. I want to be a part of the team that
must confront and work on these challenges.
3. What goals have you established for your first 2 years in this
position, if confirmed? It would be presumptuous of me to dictate a 2-
year program for NOAA before I have had an opportunity to review the
organization and the current status of their programs in detail.
However, in general, I intend to review the current status; make
organizational adjustments as necessary and develop priorities for the
future. This initial review will include the areas listed above, as
well as others that come to my attention in the future. NOAA has a
solid reputation for service and dedication. I intend to maintain and
build that reputation for the future. In all previous assignments, I
have always been dedicated to improving personnel morale and job
satisfaction, and would continue to do so as the NOAA Administrator. I
intend to work hard, not only within NOAA to develop a coherent program
and sound organization, but also to apply the same effort in
integrating and coordinating activities across all other agencies that
involve the oceans and atmosphere.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain these skills? I have never personally worked in the
organization. I intend to listen carefully to those who have and to
those who have been successful in this area in the past. I will build
teams that include members with the requisite knowledge to be
successful.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when should society's
problems be left to the private sector, and what standards should be
used to determine when a government program is no longer necessary. I
am a strong supporter of the Constitution and our form of government. I
believe in a balance between federal activism and states' rights.
Government needs to be as efficient as possible and intrusive only to
the point of providing for national security, integrity of the currency
and commerce, law and order, public health, and the safety of all its
citizens. The strength of our private sector and our free enterprise
system needs to be brought to bear wherever and whenever it makes
sense. Tasks that can be accomplished by the private sector more
efficiently and fairly should be devolved or not undertaken by
government in the first place. Government programs should be terminated
when they are no longer needed, when they are no longer affordable
given funding and other priorities, or when the private sector is
capable of assuming the task at greater efficiency and fairness.
6. In your own words, please describe the agency's current
missions, major programs, and major operational objectives. NOAA is the
federal agency charged with numerous critical tasks in regard to ocean
and atmospheric science and observation. Significant roles include:
weather and climate prediction, fisheries management and regulation,
environmental science improvement, public health and safety monitoring,
navigation and safety of marine transportation, marine sanctuaries
administration and coastal zone management. In each of these areas,
NOAA has been a leader and must continue to lead as well as help to
coordinate and integrate across all other federal, state and local
entities that are involved in activities that involve the oceans and
atmosphere.
7. In reference to question number 6, what forces are likely to
result in changes to the mission of this agency over the coming 5
years? Critical national issues relating to climate prediction,
environmental monitoring, the search for new energy sources, public
health and safety, living marine resource management and Coastal Zone
management will be important factors in shaping NOAA programs. However,
I believe that the NOAA mission is sufficiently broad to cover all of
the above; therefore it is unlikely that the mission itself will change
much. In the near future, the deliberations and final report of the
Commission on Ocean Policy are likely to be the most significant forces
for change in the NOAA mission.
8. In further reference to question No. 6, what are the likely
outside forces which may prevent the agency from accomplishing its
mission? What do you believe to be the top three challenges facing the
department/agency and why? At this point, I don't see any forces that
will prevent accomplishment of the NOAA mission with the exception of
inadequate funding (not unique to NOAA). The top three challenges
include developing and building a climate monitoring system, improving
fisheries and marine living resource management, and enabling prudent
use of the environment. I believe these are international as well as
national issues that will significantly affect life on this planet as
we know it for the next one hundred years at least. Public policies in
these areas need to be formulated on the basis of the best science and
observational techniques that we can devise and afford.
9. In further reference to question No. 6, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years? I believe that the agency has accomplished
its mission over the past several years; to the extent that it could do
better, funding plays a significant role.
10. Who are the stakeholders in the work of this agency? Every
citizen in this great nation! (Nothing moves without a good weather
forecast). Others include the ocean and atmospheric science community,
environmental monitoring and regulatory agencies, the international
ocean and atmospheric science community with the State Department, U.N.
and ad hoc multinational committees as agents.
11. What is the proper relationship between your position, if
confirmed, and the stakeholders identified in question No. 10? NOAA
needs to provide the best services possible for the least cost to all
stakeholders. I intend to review continuously the quality of our
products, customer satisfaction with our products, and internal
efficiencies in building those products. I intend to be proactive with
the other agencies and agents as listed above to ensure that NOAA is
meeting their needs to the maximum extent possible.
12. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices similar to those practiced in the private sector. (a) What do
you believe are your responsibilities, if confirmed, to ensure that
your agency has proper management and accounting controls? I have
worked previously in government under the Chief Financial Officers Act
and will review NOAA organization and current procedures with the goal
to improve efficiency and build sound financial management practices
similar to those in the private sector.
(b) What experience do you have in managing a large organization?
As a career Naval Officer, I have been in charge of numerous
organizations, both small and large. Examples of large organizations
include managing Naval Station Norfolk, the world's largest such
installation, with two thousand direct reporting personnel and a $50M
annual budget supporting a force of 100,000 personnel and 113 Navy
ships. I have been in charge of the budget and planning for the U.S.
Pacific Fleet with a budget of $5B and responsibility for maintaining
and operating one-half of the United States Navy. I have been Commander
of the U.S. Third Fleet, directly in charge of operations typically
including at least 16,000 personnel. I have been the Navy's chief
resource manager in charge developing the Navy's budget and 5 year
future plan, with 14 Flag Officers and approximately 500 other
professional staff officers as direct reporters.
13. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals. (a) Please discuss what you believe to be the benefits of
identifying performance goals and reporting on your progress in
achieving these goals. Identifying performance goals and the
accompanying metrics are critical to determining the efficiency of the
organization, measuring progress toward goals, cost-benefit analysis,
and determining organizational priorities. Effective planning cannot be
accomplished without an identification of goals and meaningful progress
reports.
(b) What steps should Congress consider taking when an agency,
fails to achieve its performance goals? Should these steps include the
elimination, privatization, downsizing or consolidation of departments
and/or programs? The first step would be to determine in specific
detail the reason(s) for failure. Other steps would follow depending on
the outcome, of step one. I would not rule out consideration of the
other mentioned remedies depending on the cause(s) of the failure.
(c) What performance goals do you believe should be applicable to
your personal performance, if confirmed? Honesty and integrity in
dealing with the public, the Executive and Congress. Development of
organizational priorities and goals that are consistent with the
mission. Development and execution of a budget designed to achieve
those goals. Reasoned public advocacy of the organization's goals and
priorities. Building a qualified and effective work force.
14. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you? I believe in the
intrinsic worth and dignity of every human being and that each person
has skills that need to be discovered, nurtured and valued within the
organization. Supervisory/employee relationships work best when the
supervisor is a leader with proven leadership skills. Leadership
includes developing and publicizing organizational goals and
objectives, setting a positive example in working toward those goals,
and maintaining a courteous and friendly working relationship with all
employees. I believe in setting high standards. I believe that
encouragement and praise for the good things that are being
accomplished in the organization are far better motivating factors than
disparaging comments and sanctions for poor performance.
I am not aware of any employee complaints against me.
15. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please describe. I have always worked hard to
maintain an open and honest working relationship with Members of
Congress and congressional staffers in my previous positions in the
Navy and as President of CORE. I intend to continue to be proactive in
dealing with issues under my cognizance, responsive to requests for
information, receptive to comments and ideas; and dedicated to
executing the law of the land. I have had the honor and pleasure in the
past of working with the House and Senate Armed Service Committees, the
House and Senate Appropriations Defense Subcommittees, the Senate
Commerce, Science and Transportation Committee, the House Science
Committee, and the House Resources Committee (including appropriate
subcommittees).
16. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency. I will work with the Inspector General and comply
with the regulations that govern his or her position within the
Commerce Department. I will be fully supportive of the Inspector
General's mission in matters that fall within my purview.
17. Please explain how you will work with this Committee and other
stakeholders to ensure that regulations issued by your department/
agency comply with the spirit of the laws passed by Congress. I will
work hard to maintain the kind of working relationship with this
Committee that will allow me to understand both the spirit and the
intent of Congress in regard to all potential and enacted regulations.
Additionally, within the agency, all regulations will be subject to a
general counsel review and modified as necessary to ensure compliance
with the intent and spirit of the laws passed by Congress.
18. In the areas under the department/agency's jurisdiction, what
legislative actions(s) should Congress consider as priorities? Please
state your personal views. It would be premature as this point to lay
out a detailed legislative priority list. In general, however, I
believe it is most important at this point in the budget cycle to
complete action on the pending Appropriations Bills that will affect my
agency. Should I be confirmed, I look forward to providing any
information that will help in progress toward this end. Additionally, I
hope that I may have the opportunity to address this question again
after I completing an internal agency review.
19. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending based on
national priorities determined in an open fashion on a set of
established criteria? If not, please state why. If yes, please state
what steps you intend to take and a timeframe for their implementation.
Yes, I certainly support the concept as it may apply to my agency. My
objective would be to complete an internal review of agency
organization and programs within 3 months, of assuming leadership and
within 3 months of that date develop and publish priorities and plans
to implement.
Senator Wyden. Admiral Lautenbacher, according to the
information that you have given the Committee you do not appear
to have a tremendous amount of experience regarding fisheries.
I guess it is fair to say that I and other members of the
Northwest Congressional delegation will be happy to provide the
tutorials.
Admiral Lautenbacher. Yes, sir.
Senator Wyden. We can sort of start this afternoon. The
essence of this is there are too many fishers catching too few
fish. It is critically important that steps be taken to make
the industry sustainable, and clearly to deal with the
Northwest groundfish fishery we are going to have action for
the Administration and the total support of your office.
Let me ask you about some specifics now. I have introduced
S. 973, which is the Pacific Groundfish Preservation Act. The
legislation offers a buyback program funded one-half by federal
appropriation and one-half by the industry through a federal
loan. This would decrease the number of fishers. In the past
there have been buyouts to address overcapitalization.
I think I would like to start by asking you what
alternatives would you propose to voluntarily decrease the
number of fishers?
Admiral Lautenbacher. Senator, I have to agree with you
that I am not experienced in the management of fisheries and
that I am learning in this area as well. But to date what I
have learned so far is that there are a number of opportunities
that we have to combat or to deal with the overfishing. I think
some of the proposals that have been made for buybacks, either
government-funded or by loans, are very interesting.
I know that your support on this bill and interest on this
issue are very much appreciated by the Administration and by
NOAA. I am delighted to have on the team that has been chosen
already to work in NOAA, Dr. Bill Hogarth, who as you mentioned
is very experienced in this area, and Bob Lawn, who is the
Regional Director in the Northwest and I understand is very
knowledgeable about it.
I think we need to work together to build a solution that
will be protective of our environment as well as ensuring that
the economics of fishing maintains its viability.
Senator Wyden. Do you think that there needs to be a faster
process to get disaster money out to communities? The reason I
am asking this question is that the West Coast groundfish
fishery was declared a disaster in January of 2000 and it took
nearly 12 months after funding was appropriated. Frankly, at
that point I had a hearing on the coast in Oregon and it was
clear it was not ever going to get out. I mean, the money was
just going to be stuck in the pipes somewhere.
We basically said, look, we are going to bring folks there
constantly until the money gets out, and finally it did.
In our legislation we require NMFS to report to Congress on
how they could speed up the distribution of disaster money. I
would be interested in whether you think there does need to be
a faster process to get it out.
Admiral Lautenbacher. Senator, I am not aware of the
details of the process. I would have to say that that certainly
sounds excessive to me and I will look into it. I think it is
important that emergency assistance should be received by the
people who deserve to have it as soon as possible.
Senator Wyden. Now, at present the IRS taxes this money as
regular income and at the same time puts families off the food
assistance rolls. Does that seem appropriate to you?
Admiral Lautenbacher. I am not a tax lawyer. I am not
really familiar with the entire IRS code. But that does seem a
bit harsh, yes, sir.
Senator Wyden. Fishermen also have to shovel large
quantities of fish overboard because of regulatory or market
restrictions on what they can bring to the dock. I have been
working for years to get NOAA to create a program so we would
not have the disgrace of having all of these needy people in
the United States and people chucking fish overboard. Suffice
it to say the previous Administration said they would do it and
they did not. I think it is very unfortunate and I would be
interested in knowing what ideas you have for eliminating this,
the waste of this resource.
Admiral Lautenbacher. I will have to look into the rules
and regulations that have created that situation, Senator. It
sounds to me like we need to work on that and I would be happy
to work with you to try to solve that situation.
Senator Wyden. Have you seen some of these pictures? I
mean, there are pictures repeatedly in major publications all
across this country of people throwing fish overboard. Are you
familiar with that?
Admiral Lautenbacher. I have not seen those pictures, no,
sir. I will look.
Senator Wyden. I think we will supply them to you.
Admiral Lautenbacher. Thank you.
Senator Wyden. It is a disgrace.
Admiral Lautenbacher. Yes, sir.
Senator Wyden. It is a disgrace that there is not a system
that gets this resource to needy people while at the same time
not leading to overfishing and the like, which presumably has
been the argument. I hope that you will do better than your
predecessor, because your predecessor made a commitment.
This is something I feel very strongly about. This is one
of the most flagrant examples of waste that I have seen in my
years in public service. You are throwing this report overboard
when you have needy people, when you have all the economic
hurting communities across this country. I just think it is a
moral blot on our country and I hope you will take it on. We
are going to supply you with the pictures.
Admiral Lautenbacher. I understand, sir. I will take it on.
Senator Wyden. Tell us what process you think you would
like to pursue to ensure better cooperation between the
agencies and fishermen and processors in order to address the
sustainability question and maintain fishing communities.
Admiral Lautenbacher. Again, I would like to address that
after I have had a chance to look more at the way the agency
works. But, in general, I would say that what I see as a
private citizen is, first of all, controversy over the basic
science and the pieces that we put together to make, build the
criteria on which we judge ourselves.
I see contention between the various components and
advocates of various parts of our society, working on data
which generally is inadequate or not fully thought out. I think
that we need a process that builds the proper basic knowledge
of science and knowledge of the fishing environment to the
point where people at least agree on the basic facts. At that
point, I think we need to have a balance in the constituencies
that are represented in this important area of our country,
both economically and from quality of life.
Senator Wyden. NMFS has been conducting stock assessment
surveys in the West Coast groundfish fishery every 3 years
instead of every year. So at this point there is not adequate
data on 83 of the species that comprise the groundfish fishery.
The law states that a precautionary management approach is
required to conserve the stocks that we have left. How would
you go about complying with that law and making sure that there
are resources to conduct scientifically valid assessments on an
annual basis?
Admiral Lautenbacher. I would like to have an opportunity
to answer that one for the record. I am not sure that I can
give you an answer to that question at this point. I do not
have enough of the details of how the agency does that work or
the resources that are involved. I will work hard to try to
improve the procedures and provide the proper resources.
Senator Wyden. I think I am getting the drift with these
questions. Let me leave it this way. This is something I feel
very strongly about and I think it is important that when you
are before this Committee you can talk at least to some degree
specifically about matters that are important to my
constituents. This is something that has been in front of the
agency for a long time and I hope that you get up to speed on
this.
I am going to give you some additional questions in writing
on the West Coast groundfish fishery. But this is something
that I feel very strongly about and I think we have got to get
your people working on this and pursuing it vigorously. We will
supply the rest of the questions to you on this matter for the
record.
Let me ask you about one other issue that is important to
my constituents and then we will turn to some other matters.
NOAA is responsible for making forecasts on water levels in an
important part of my state, in the Klamath Basin. Each year the
forecast comes out on April 1st, but the farmers have to make
their decisions before April 1st. Would you be willing to work
with me, and I know my colleague Senator Smith feels very
strongly about this as well, to look into a way to help the
farmers get the information they need earlier?
Admiral Lautenbacher. Yes, sir, I would. My background on
this tells me that some of that information is available and we
should be able to make it available to you much earlier. We
will work with you on that, yes, sir.
Senator Wyden. Let me turn now to some broader issues.
Ongoing oceanographic research is critical to the nation's
understanding of the physical world. We know more about the
surface of the moon probably than we do about the oceans. Where
does ocean exploration lie in your list of priorities?
Admiral Lautenbacher. I have testified before that I
consider it to be very important. I view ocean observing and
ocean exploration as kind of the two bookends of the knowledge
set that we need to fill up to put on our bookshelf of
knowledge about the oceans. I think there remains much to be
discovered about the oceans and we need the work at it from
both ends, both observations and exploration.
So I am a supporter of the explorations program that has
been instituted by NOAA.
Senator Wyden. The country is falling behind other nations
in aquaculture development. Offshore aquaculture has the
potential for increasing the amount of domestic fish entering
the U.S. market, thereby decreasing the deficit, while at the
same time ensuring that aquaculture goes forward in an
environmentally sound fashion.
Would you be willing to explore the expansion of American
aquaculture?
Admiral Lautenbacher. Yes, I would be. Personally, I think
that is an area we need to work in. I think that is the place
where we are going to have the greatest opportunity to increase
our economic value of fish and fisheries in the United States.
Senator Wyden. How would you go about doing it?
Admiral Lautenbacher. Well, I think we have a lot of issues
with the way we set these fish farms up and the research that
has been done on the types of breeding and conditions under
which they live, in which they can cross-breed with native
species. We need lots more work in terms of the basic research
on it and we need the support work that is ongoing right now.
Senator Wyden. Let me ask you about the NOAA corps and
fleet. For many years there have been attempts to eliminate the
NOAA corps, as well as the NOAA fleet, both of which are
essential in terms of the mapping and charting mission of the
agency. Under Senator Hollings' leadership, this effort has not
gone forward. The recent public and scientific success of the
Ocean Exploration Initiative only underscores the importance of
preserving and expanding the fleet and corps.
How would you assess the adequacy of NOAA's aircraft and
oceanographic fleet to support the current and anticipated
needs?
Admiral Lautenbacher. Again, I would like more time to
assess the requirements, but in general, I believe that the
NOAA corps is a valuable part of that agency. I believe that we
need the recapitalize the fleet that NOAA uses, as well as the
aircraft fleet. These are essential tools in research and basic
observation of physical phenomenon that we are all interested
in.
Senator Wyden. So you are going to actively pursue
modernizing the NOAA oceanographic fleet?
Admiral Lautenbacher. I am going to try to do that, yes.
Senator Wyden. The Navy has purchased many of the ships now
used by the university fleet. Would you agree that NOAA's naval
deputy could be helpful in procuring new ocean assets for the
fleet, like remotely operated vehicles for use by the agency
and the university community in ocean exploration?
Admiral Lautenbacher. I think the future is robotics and
AUVs and remotely operated vehicles. It is an important adjunct
to the way we do business. At some point it may take the place
of manned vessels and manned exploration systems. It is
certainly something that we need to get into and push harder
than we are doing now.
Senator Wyden. Now, one other area that a number of the
Senators on the Committee are interested in is the
effectiveness of coastal zone management. The statute, the
Coastal Zone Management Act, is now almost 30 years old. In
1972, it was certainly a revolutionary approach to go about
addressing the increasing threats posed to fragile coastal
areas. Coastal populations, as you know, are growing in many
areas of the country and the modern pace of development seems
to have outstripped the nation's ability to protect some of
these coastal areas.
With the thirtieth anniversary coming up in 2002, it seems
like an ideal time to take a close look at coastal zone
management's effectiveness at the local level. Tell me, if you
would, how you would pursue a management review of the program
so as to maximize its potential?
Admiral Lautenbacher. I agree that some sort of a Coastal
Management Act is critical. I think that many of our problems
that we are going to face are going to be in the coastal zone.
As both you and Senator Stevens have stated, the majority of
our population, at least 50 percent at this point, the majority
will be living in the coastal areas. So coastal management will
become very important.
I intend to, when I get to NOAA, take a look at the coastal
management programs as they are set up and review them and see
what needs to be done.
Senator Wyden. Any ideas on strengthening and accelerating
coastal protection efforts at the ground level instead of or
perhaps in addition to some of the state programmatic grants?
Admiral Lautenbacher. Well, I am a believer in partnerships
in this area, so I think that we need to continue to partner
with the state and local agencies, the federal government.
There is a definite need for the country to support this. There
is a definite need for the regions to be able to come in with
their specific needs and deal with it. So I am a supporter of
partnerships with the agencies involved in each one of these
issues.
Senator Wyden. Well, we are as well. We just want to get
these ground level efforts.
Admiral Lautenbacher. Yes, sir.
Senator Wyden. So often, it just seems that those people
come to our community meetings and the like and say, nobody is
talking to us, nobody is aware of us. So if you can make sure
that the partnership has those people at the table, that is the
key.
Admiral Lautenbacher. We will work on that.
Senator Wyden. I do not have anything to add further.
Please get up to speed on these West Coast groundfishing
matters.
Admiral Lautenbacher. I have gotten a lot smarter in the
last 10 minutes, sir.
Senator Wyden. Let me state, just so that the record is
clear, that Secretary Evans has been extremely helpful. When we
had to get that groundfish money out where it had just been
idling for months and months, I think Secretary Evans barely
got a chance to get to his phone when I called him. He probably
said to himself, who is this skinny fellow from Oregon. He
would not have known me from Adam. He got right on it and he
got that money out. So we are very appreciative of that.
Mr. Hogarth has been very responsive as well. But we need
you to really apply yourself at these areas and particularly to
stop the waste of the resource, get the stock assessments, and
to help us with an effort to come up with a voluntary program
that can decrease the number of fishers.
So you get a pass today because this is all new, but we
will want you to be an activist on those issues. We are looking
forward to seeing you confirmed. We have heard very good things
about you and your expertise.
Why do we not give you the last word. Anything you would
like to add further?
Admiral Lautenbacher. I think I have said it all. Again, I
want to thank the Members of the Committee for their courtesy
to me during this period of working through the confirmation
process. I am a great supporter of this nation and the country
and the process that we are all engaged in, and I assure you
that I will work hard to earn your trust and confidence and
live up to your expectations.
Thank you very much for your time today, sir.
Senator Wyden. Very good. The hearing is adjourned.
[Whereupon, at 3:11 p.m., the hearing was adjourned.]
A P P E N D I X
Responses to Written Questions Submitted by Senator Hollings to
Vice Admiral Conrad Lautenbacher
1. Effectiveness of Coastal Zone Management
The Coastal Zone Management Act is now almost 30 years old. In 1972
it was one of the most revolutionary approaches ever taken to address
the increasing threats development posed to our fragile coastal areas.
With coastal populations exploding particularly in Southeastern coastal
states such as South Carolina--the modern pace of development seems to
have outstripped its ability to protect our coastal areas. The 30th
Anniversary year, 2002, would be an auspicious time to take a close
look at the Act's effectiveness at the local level.
Question 1. How would you pursue a management review of this
program that could get to the heart of the matter?
Answer: The Coastal Zone Management Act is up for reauthorization
and I understand that both Congress and the Administration have
developed some initial concepts for making the Act and program reviews
more effective. NOAA is currently working both internally and with
their partners to develop indicators of coastal management
effectiveness. If I am confirmed, I will work within the
Administration, work with the states, and Congress to examine ways for
addressing more effectively the issues surrounding rapid coastal
development.
Question 2. Can you suggest ways we could strengthen and accelerate
coastal protection efforts at ground level in addition to--or instead
of--state programmatic assistance grants?
Answer: As I stated at my confirmation hearing, if I become NOAA
Administrator, I plan to look closely at all the NOAA coastal programs,
not just those related to the Coastal Zone Management Act, to determine
ways that they can be more effective at all levels, including the local
level, where increasingly more decisions are made on coastal protection
and development. An important part of this is ensuring that local
decisionmakers have relevant and accurate information. I believe that
strong and effective partnerships for providing information, tools, and
training are one of the most important ways that NOAA can improve
coastal protection efforts.
2. NOAA Corps and Fleet
For many years there have been attempts to eliminate the NOAA Corps
as well as the NOAA Fleet, both of which are the backbone of NOAA's
crucial mapping and charting mission. We were successful in repelling
this effort, I am proud to say. The recent public and scientific
success of the Ocean Exploration initiative only underscores the
importance of preserving and expanding the fleet and Corps.
Question 1. How would you assess the adequacy of NOAA's aircraft
and oceanographic fleet to support current and anticipated programmatic
needs?
Answer: I understand that the NOAA Corps and fleet have been doing
an excellent job in supporting NOAA's programmatic needs. Based on the
information available to me, the funds provided in the FY2002
Conference mark for NOAA ship and aircraft operations and maintenance
and related data collection, coupled with the funds for outsourcing
will be able to meet all of NOAA's high priority needs for ship and
aircraft support to NOAA programs in FY2002. I have some concerns about
the age of NOAA's ships and aircraft, but don't believe I have adequate
information at this time to provide a good answer to the anticipated
needs part of the question. Should I be confirmed, I plan to review
this situation with NOAA personnel and develop plans accordingly.
Question 2. What are your views on modernization of the NOAA
oceanographic fleet?
Answer: The Congress has been very supportive in the past few years
in providing funds for upgrading and modernizing NOAA's ships, and it
appears significant progress has been made toward modernizing the
fleet. As a matter of principle, I believe that fleet modernization
should be commensurate with customer needs and make the most efficient
use of available technology. As indicated above, should I be confirmed,
I intend to review the entire fleet requirements issue as a priority
matter.
Question 3. The U.S. Navy has purchased many of the ships now used
by the University fleet. Don't you agree that NOAA's Naval Deputy could
be helpful in procuring new ocean assets for the NOAA fleet--like
Remotely Operated Vehicles--for use by NOAA and the university
community in Ocean Exploration?
Answer: The transfer to NOAA of former Navy T-AGOS and YTT class
ships has led to an effective use of national assets and allowed NOAA
to meet a variety of program needs. I believe that NOAA's Naval Deputy
can continue to be helpful in keeping NOAA apprised of future
opportunities regarding Navy ships and can be helpful in identifying
other available Navy ocean assets and Navy acquisitions in which NOAA
might participate.
3. Regulations on Turtle Excluder Devices (TEDS)
On October 2, 2001 NOAA issued proposed regulations establishing
new requirements for Southeastern shrimpers to protect endangered sea
turtles. As you may know, South Carolina shrimpers have been among the
most cooperative in the nation in working with federal and state
managers to protect sea turtles during an exhausting series of
rulemakings in the past 10 years. However, they are increasingly
frustrated by a ``one size fits all'' approach to regulations that do
not take into account the special characteristics of the South Carolina
shrimp fishery--including its conservation achievements.
Question (a). Vice Admiral Lautenbacher, how would you deal with
such regional differences in finalizing these regulations? Can we
depend on you for flexibility in dealing with this situation?
Question (b). Will you agree to work with me and our South Carolina
shrimpers to ensure that regulations are sufficiently tailored to
recognize the effectiveness of conservation measures taken by our
fleet?
Answer: While I am not familiar with many of the specific issues
surrounding TEDs, I do know that they are extremely contentious and
that measures needed to protect sea turtles could vary between the
Southeast Atlantic and the Gulf of Mexico. With your support, the South
Carolina shrimp industry has accomplished many conservation goals and I
applaud them for those efforts. I understand that NOAA Fisheries has
extended the comment period for the proposed TED regulations for 45
days to gather more information. If confirmed, I assure you that I will
work closely with you and Dr. William Hogarth to ensure that the
regulations maintain adequate flexibility with respect to TEDs in
different geographic areas while protecting sea turtles and other
endangered species.
__________
Responses to Written Questions Submitted by Senator McCain to
Vice Admiral Conrad Lautenbacher
Question 1. You have mentioned in pre-hearing questions that
developing and building a national climate monitoring system is one of
the top three priorities for NOAA. Also, the National Academy of
Sciences recently recommended the establishment of a national climate
service which would focus on weather monitoring.
(a) What are your plans for establishing such a system?
Answer: If confirmed as the NOAA Administrator, I will work to
address the recommendations made by the National Academy in several
National Research Council (NRC) reports. These reports identified
shortcomings in NOAA's observing systems that were built for purposes
other than climate monitoring. Such improvements as higher measurement
accuracy and long term stability are needed to meet climate
requirements. In addition, coordination among the various observing
systems operated by NOAA, as well as other federal agencies, is
required to provide more complete datasets for coupled climate models
and modeling the Earth's climate system, including ocean, atmosphere
and land processes. Finally, existing international partnerships must
be leveraged and expanded in order to meet the global requirements of a
climate monitoring system.
(b) How would a national climate service differ from the existing
National Weather Service?
Answer: The National Academy study did not explicitly explore a
formal climate services organizational structure. Rather they made
``recommendations to enhance the capabilities of existing institutions
and agencies and build a stronger climate service function within this
context.'' These recommendations addressed: (1) effective use of the
nation's weather and climate observation systems; (2) improved
capabilities for research, technology infusion, modeling and
prediction; and (3) regional interdisciplinary approaches to climate
services.
My understanding is that NOAA's newly established Climate
Observations and Services Program is already leveraging the existing
infrastructures and know-how of NWS, NESDIS, and OAR in a way
consistent with the Academy's vision. The study emphasized a user-
centric service with developing regional activities, attributes which
are already part of NOAA's virtual climate service. Effective national
climate services can only be delivered through the pooled talents of
not only the NOAA components, but also other federal, state, local, and
private partners. Should I be confirmed I intend to review the current
situation in greater depth and make changes as warranted.
Question 2. In the past, many large-scale science projects were
presented to Congress with cost estimates that did not reflect the
total project costs. Will you ensure that total life cycle costs are
presented when requesting Congressional approval of these projects?
Answer: Senator McCain, it is my understanding that NOAA has
restructured its planning and budget process which should assist in
resolving issues of total life cycle costs for large-scale science
projects. Once confirmed, I plan to review NOAA's planning and
budgeting process and make every effort to ensure that your concerns of
total life cycle costs are addressed. I am a firm believer in knowing
all the costs before making a decision.
Question 3. How critical is international collaboration for
scientific research to the overall success of the U.S. investments in
this area?
Answer: Establishing international partnerships for large-scale
research programs and the exchange of methodology and data is crucial
for producing state-of-the-science assessments of earth systems,
developing new predictive tools and capabilities, and assisting
policymakers and resource managers in their decisions. NOAA has the
tools, capabilities and experience to provide leadership for these
emerging and exciting challenges. If confirmed, I will continue to
pursue cooperative efforts to achieve these goals. The oceans and
atmosphere are global resources and ultimately it will take global
agreements to safeguard these precious assets for the future of our
nation as well as the world.
Question 4. The President has asked the Secretary of Commerce,
working with other agencies, to set priorities for additional
investments in climate change research, review such investments, and to
provide coordination amongst federal agencies. What do you see as the
role of the NOAA Administrator in this process? Do you feel this effort
may duplicate some of the existing work at the U.S. Global Climate
Change Research Program (USGCRP)?
Answer: The Secretary of Commerce asked Dr. David Evans, Assistant
Administrator for NOAA Research, to develop a Climate Change Research
Initiative in collaboration with the USGCRP and federal agencies that
participate in climate change research. As NOAA Administrator, I would
work to develop and implement this initiative. Since the USGCRP
agencies and climate scientists are developing the priorities and
plans, it should be possible to ensure that any additions or changes
will complement and enhance the existing program rather than compete
with or duplicate it. I will work to ensure that these programs are
mutually supporting and non-duplicative.
Question 5. Do you feel that changes are necessary to strengthen
the role of the U.S. Global Climate Change Research Program?
Answer: USGCRP has had many successes over the past decade, and has
provided the scientific basis for El Nino forecasts and the Montreal
Ozone Protocol. However, the program has been criticized by the
National Academy of Sciences for its inability to focus resources on
priority areas. If confirmed, I would be pleased to work with you to
explore ways to improve and strengthen this important program.
Question 6. In recent testimony before the Commerce Committee, Dr.
John Marburger, the President's Science Advisor, highlighted the need
for more diversity at all ranks of the science and engineering
workforce. Do you feel that this need exists at NOAA and if so, what
are your specific plans to address this problem?
Answer: A diverse workforce is a necessity firmly grounded in
today's global realities. I will work with NOAA senior managers to help
ensure the agency serves as a model for a talented, dedicated and
effective workforce that reflects the nation's diversity in the 21st
Century. I believe that NOAA should strive to foster an open and
challenging work environment which enables employees to reach their
full potential. Achieving these objectives could require new ways of
thinking and doing business throughout NOAA.
I understand that NOAA has initiated a new program to expand and
strengthen its partnerships with Minority Serving Institutions. I look
forward to building collaborations between the Minority Serving
Institution community and NOAA that can provide opportunities to pursue
research and educational programs in atmospheric, environmental, and
oceanic sciences.
Question 7. Numerous GAO reports have highlighted the need for
agencies to expend more resources on effective training and
professional development programs to better equip federal employees for
the workplaces of the future. Based upon your experience, what priority
would you place on workplace development, and how would you emphasize
continuous learning in your agency?
Answer: Workplace development and continuous learning are extremely
important to any organization. The amount of knowledge and breadth of
skills needed by employees is rapidly growing and changing. In its
simplest terms, workforce planning and development is about ensuring
the organization has the right people, with the skills, in the right
jobs, at the right time. Such vision will depend on analysis of the
organization's work as well as a commitment of resources to achieve
this goal. I understand that NOAA is considering ways to expand its
efforts, and continues to engage in many initiatives to maximize the
capabilities of its current workforce and to educate its employees
about NOAA's programs and our environment. Should I be confirmed, I
look forward to joining in these important efforts.
Question 8. One major program under your jurisdiction is the
National Polar-orbiting Operational Environmental Satellite System
(NPOESS). This program is funded through both the Department of
Commerce and Department of Defense. Could you please discuss the
importance of the Department of Defense's contribution to the NOAA part
of the program and the program overall?
Answer: The joint National Polar-orbiting Operational Environmental
Satellite System (NPOESS) will provide an improved and cost effective
operational satellite system that will satisfy critical civil and
national security requirements for space-based, remotely sensed
environmental data. The first NPOESS satellite is required in 2008 to
begin replacing the current series of NOAA's Polar-orbiting Operational
Environmental Satellite (POES) and the Department of Defense (DoD)
Defense Meteorological Satellite Program (DMSP) spacecraft. Upgrading
and converging NOAA and DoD satellites into a single program will
improve national capabilities and save an estimated $1.8 billion over
the life cycle of the program.
The Department of Commerce (DOC), DoD, and NASA contribute
resources to the NPOESS program. DOC has the lead for the converged
system and satellite operations, while DoD has lead responsibility for
system acquisition. NASA facilitates development of new technologies.
Because DOC and DoD provide equal financing, long-term funding
stability by both departments is essential for NPOESS to meet the 2008
need date and avoid an operational gap in critical weather and
environmental satellites.
The combined contributions of DOC and DoD are absolutely essential
to modernize sensor payload technologies and satellite data processing
systems to be commensurate with future computer, weather prediction,
and environmental modeling capabilities. It is vital that both DOC and
DoD maintain their interest and funding support as currently
envisioned.
Question 9. Over the past few years, there has been some
controversy about the role of the National Weather Service as it
relates to commercial providers of weather forecasting information.
Could you please explain your thoughts on what weather services should
be provided by the National Weather Service, and which should be
provided by private forecasters.
Answer: The roles of the NWS and private sector have been debated
for some time. In framing this discussion, we should all recognize the
value and need for an effective partnership between government and
private sector which meets America's needs for weather information.
Taxpayer-funded information, including forecasts and warnings issued by
the NWS to protect life and property, is critical to our citizens. NWS
also provides a national weather information database and
infrastructure used by public and the private sector. In turn,
commercial firms add value by tailoring the data for specific users in
weather sensitive industries. NOAA and NWS use all feasible means to
disseminate this valuable taxpayer-funded information to all who need
it. In summary, NOAA and NWS cannot fulfill their mission to protect
lives and property, and to enhance the national economy without the
private sector, and the private sector cannot provide specialized
services for business decisionmaking without NOAA and NWS.
NOAA has commissioned the National Academy of Sciences' National
Research Council to conduct a more in-depth study of the respective
roles of the government, the private sector and academia in providing
weather and climate information to the nation in the Internet age.
Considering the importance of weather and climate information to our
country and the partnership which already exists between NOAA and the
private sector, I believe any changes in roles should be examined
carefully in a forum open to the many interests affected. If confirmed,
I will work with you to examine the results of the NRC study when it is
completed and to consider any needed changes to the existing
partnership arrangements.
Question 10. What role do you see NOAA playing in Homeland defense?
Answer: I understand that NOAA is currently in the process of
organizing an inventory of its broad array of national responsibilities
related to the September 11th events and Homeland Security. If
confirmed, I will first work to ensure that existing programs and
resources are well prepared and positioned to support Homeland Security
in the most expedient manner. In response to September 11, NOAA quickly
deployed a wide range of capabilities such as high accuracy geodetic
positioning, nautical charts, law enforcement, and specialized weather
forecasts. NOAA is also identifying what it can do to prepare better
for any future incidents. I understand that as one of the first
priority issues, NOAA is identifying possible weaknesses in its own
security and possible threats to NOAA infrastructures (i.e., single
points of failure) including data networks, supercomputers, and
intranet/internet infrastructure. It is critical that NOAA have
continuity of operations to ensure that essential NOAA products and
services will continue to be produced in the wake of a catastrophe. If
confirmed, I will also ascertain what enhancements might be necessary
with additional resources and over a longer timeframe. Some preliminary
items include developing better water and atmospheric models that would
give information regarding dispersal of a variety of materials
including biological and chemical agents. They also include enhancing a
number of products and services including satellite data; electronic
navigational charts to support the early implementation of Coast
Guard's Automatic Information System; preliminary talks with the Navy
to cooperate on harbor, traffic lane and approaches; hydrographic
surveys for comprehensive baseline data of U.S. ports to assist in
obstruction detection; and the Computer-Aided Management of Emergency
Operations (CAMEO) that EPA and NOAA jointly designed to assist
emergency responders in preparing for and responding to chemical
releases. Also of great promise are current and future observing
systems that can produce early warning information of unwanted
intrusion into and on U.S. sovereign territory as well as producing
data of vital use in weather and climate forecasting, environmental
monitoring, and safe navigation, to name just a few.
Question 11. How important is the weather data provided by the
commercial sector to the overall weather data and NOAA's weather
prediction capability?
Answer: Today, most of the nation's observational infrastructure
for weather, water and climate prediction is taxpayer-funded. This
includes environmental satellites, advanced doppler radars, automated
surface observation systems, marine data buoys, cooperative observer
networks, and upper air observations networks.
However, weather data provided by the commercial sector does play a
key role in NOAA weather prediction capability. For example, NOAA
receives surface observations from instruments maintained by public
utilities, agribusiness interests, and the offshore oil industry;
observations from weather instruments on commercial airliners and
ships; and lightning data under contract from a private company which
maintains a national system of lightning sensors. In addition, NOAA's
weather prediction capability depends on global cooperation to share
information with governments of other nations within the framework of
the United Nations' World Meteorological Organization.
Question 12. What improvements do you see as necessary to improve
upon weather forecasting?
Answer: As you are aware, the NWS recently completed a multi-year
$4.5 billion modernization and associated restructuring which resulted
in significant improvements in weather services to the nation. To meet
the growing demands of customers, partners, and constituents, NOAA must
build on the success of the NWS modernization and continue to enhance
its forecast and warning capabilities by making wise investments in
people and technology. Future improvements in weather services will
require continued advances in observing systems both on land and at
sea, continued investments in technology infusion, improvements in
numerical weather prediction models and supercomputing technology, and
improvements in weather forecasting techniques. NOAA must also continue
improvements in communication and dissemination systems to ensure
timely delivery of products.
NOAA must also keep pace with changing science and technological
advances and continue strong investments in research and development.
NOAA scientists and their university partners must continue research
activities to develop new forecasting techniques and technologies. NOAA
must continue to leverage other federal research programs and continue
to sponsor critical basic research at universities and colleges across
the country. More importantly, NOAA must continue to invest in its
people, attracting and retaining the best and brightest forecasters and
researchers to sustain and improve upon weather forecasting services.
__________
Responses to Written Questions Submitted by Senator Kerry to
Vice Admiral Conrad Lautenbacher
Question 1. The need to preserve and protect our valuable fisheries
resources cannot be overemphasized, however the need to preserve marine
biodiversity is a goal not so easily understood by the general public
and coastal communities.
--What are your views on the need for Marine Protected Areas
(MPAs)?
--What role should NOAA play in establishing MPAs?
--What if anything would you do to ensure that preserving marine
biodiversity becomes a goal of NOAA when establishing MPAs?
Answer: Just as there are many factors that affect marine
biodiversity, there are many methods of preserving and managing it.
Marine Protected Areas are one of the important tools that agencies at
all levels can use to preserve biodiversity to support environmental
and economic activities in our marine environment. NOAA's role, as the
nation's ocean agency, is to provide the science and tools for our
local and state partners to determine where and what type of marine
protected areas are needed to achieve local and state goals. NOAA can
use its existing authorities, such as the Magnuson-Stevens Fishery
Conservation and Management Act and the National Marine Sanctuary Act,
to help conserve our nation's valuable marine resources and maintain
biodiversity.
Question 2. There is little question that the United States has too
many fishermen chasing too few fish. As Governor of Texas, President
Bush supported buyouts of fishermen in the shrimp and crab fisheries. I
firmly believe we must reduce capacity in our fisheries so that we can
limit the amount of economic pain experienced by our coastal
communities each time a particular stock crashes.
--Do you support buyouts of fishermen that permanently remove
capacity and allow fishermen to retire with dignity?
Answer: I understand that the issue of overcapacity in our nation's
commercial fisheries is very serious, and has affected your
constituents who participate in the Northwest Atlantic groundfish
fishery. The United States has moved from a period of subsidizing
domestic fishing fleets to a new era of rebuilding depleted fisheries.
In some cases, buyout programs can help reduce capacity in over-crowded
fisheries. If confirmed, I will work through NOAA Fisheries to arrive
at a solution that will treat U.S. fishermen in a fair and respectful
manner.
Question 3. As you may know, Congress has strongly opposed the
resumption of commercial whaling and has passed several resolutions in
the past calling on the President to do everything he can to ensure
that Japan and other whaling nations cease whaling operations. Under
the ESA and MMPA, NOAA is charged with protecting whales and has
represented the U.S. at the International Whaling Commission (IWC). In
the early days of the Bush Administration, a spokesman for the
Department of State offered that the Administration would continue the
policies of previous Administrations in terms of opposing commercial
whaling.
I would appreciate your assurances that you and your agency are
committed to protecting the world's whale populations and will continue
to do everything possible to end Japan's unauthorized scientific
whaling and oppose all attempts to resume commercial whaling.
Answer: The Bush Administration continues to oppose both commercial
whaling and the lethal taking of whales for research purposes. As
recently as November 9, 2001, the U.S. Department of State issued a
press release opposing the research whaling operations of five Japanese
vessels in Antarctic waters. As part of the overall Administration
effort, NOAA will continue to protect whales under both the Endangered
Species Act and the Marine Mammal Protection Act and will continue to
represent the United States at the IWC meetings. I look forward to
continuing and supporting these conservation efforts should I be
confirmed by the Senate.
Question 4. I recently introduced legislation (S. 1380) to help
save the endangered North Atlantic Right Whale. I felt that this
legislation was necessary because over the past 5 years Congress has
appropriated significant funding for right whale research and other
activities, but quite frankly it doesn't appear that we are any closer
in terms of a plan or strategy on how to recover this magnificent
whale. Meanwhile the population of right whales continues to decline.
--Could you give me your personal commitment to work with me and my
staff on developing strong legislation and helping us get the bill
enacted this Congress?
Answer: I am aware that NOAA Fisheries is working diligently to
address the very serious right whale problem in the Northwest Atlantic
Ocean. I thank you for highlighting the pressing nature of continued
right whale survival in Congress by introducing your right whale
legislation (S. 1380). I give you my personal commitment that if
confirmed, I will work closely with you and your staff to ensure an
adequately coordinated program for recovery of right whales that
involves knowledgeable and resourceful constituents in the process.
__________
Responses to Written Questions Submitted by Senator Snowe to
Vice Admiral Conrad Lautenbacher
Litigation-Based Management
Question 1. Over the last few years, this Committee has witnessed
the disturbing trend of NOAA regulating based on litigation, or the
fear of litigation, and not based on sound science and resource
management policies. At times, such as the case of the bluefin tuna
spotter plane ban, it was because the agency was not able to compile a
regulatory record that could withstand judicial scrutiny. Other times,
such as the case with the agency refusing to stand by the Maine
Atlantic Salmon Conservation Plan instead of listing under the
Endangered Species Act, it was based on incomplete science and a fear
of alienating certain special interest groups.
a. Do you believe that this is the best approach to managing our
nation's natural resources?
b. If confirmed, what steps will you take to ensure that NOAA
returns to science based management actions and away from merely being
reactive to litigation?
Answer: I strongly agree that management decisions related to our
natural resources should be based on sound science. I will work hard to
make that happen. My current understanding is that many of NOAA's
lawsuits stem from compliance and process issues and not necessarily
the science behind the policy decisions. Dr. William Hogarth, Assistant
Administrator for NOAA Fisheries, is looking at internal organization
and procedures and is also working with the Regional Fishery Management
Councils (Councils) and other interested parties to ensure that NOAA
Fisheries has fully integrated the requirements of the Endangered
Species Act (ESA), the National Environmental Policy Act (NEPA), and
other statutes. In addition, funding that Congress has provided to help
NOAA Fisheries improve compliance and reduce litigation problems has
proven especially useful. Should I be confirmed, I will support Dr.
Hogarth's efforts to ensure that NOAA Fisheries manages our living
marine resources effectively and efficiently, based on sound science.
Accountability of NMFS
Question 2. As a mathematician, naval strategist, and commanding
officer, you no doubt understand how important it is to make informed
decisions. You have been nominated to run a regulatory agency that
should be accountable for the science it relies on and the resulting
management decisions. Unfortunately, such accountability has been
sorely lacking in fisheries management. During the last Congress, I
chaired 6 hearings across the country as part of the reauthorization of
the Magnuson-Stevens Act--our nation's primary fisheries management
law. At each and every hearing, a wide range of stakeholders pointed to
the lack of good science being utilized in management decisions.
Due to this lack of accountability, people have lost confidence in
the Department of Commerce's ability to manage our valuable natural
resources. Finding a way to correct this is one of the top challenges
this Committee has faced as we proceed with the reauthorization of the
Magnuson-Stevens Act.
a. If confirmed, how will you seek to improve accountability in
fisheries management?
Answer: Accountability of federal agencies is an extremely
important issue to me, and I understand its importance to your
constituents as well. I am aware that Dr. William Hogarth is already
taking steps to improve accountability at NOAA Fisheries through
improved NEPA compliance and making the process transparent to its
constituents. He is also making changes in organization structure and
agency procedures. Funding provided by the Congress for this effort has
been especially helpful. Should I be confirmed, I intend to work with
NOAA Fisheries staff throughout the country to ensure that the agency
is conducting itself in a way that restores the public's confidence.
b. How will you seek to improve both the quality and quantity of
data being used?
Answer: It is extremely difficult to manage natural resources
effectively without good data. In the case of fisheries, it is
particularly difficult to obtain information in the quality and
quantity that fishery managers need to perform their job effectively.
Despite the difficulties, multiple NRC reviews have confirmed the high
quality of NOAA Fisheries Science and that science has withstood court
challenges. However, these NRC studies also have emphasized the need to
improve data collection using both traditional programs and new
approaches. Improving the quantity and quality of data will require
continued Congressional support. I look forward to working with you,
should I be confirmed, to ensure that NOAA Fisheries data continues to
improve.
c. What role would a national ocean observing system play in such a
data improvement strategy?
Answer: Three NOAA offices (Research, Fisheries and Ocean Service)
currently are working together to develop a common ocean observing
system and data strategy. Science has shown that changes in oceanic
conditions can impact fish production and sustainable fishery yields.
Ecosystem management also requires a close integration of information
on abundance trends of living resources as well as processes that
affect those resources, such as climate. In addition, NOAA forecasts of
climate, coastal, and marine conditions are beneficial for the safety
and efficiency of fishing operations. An integrated and coordinated
ocean observing system will help NOAA better understand and predict all
of these processes that affect both fish populations and the fishermen
who rely upon them. If confirmed, I look forward to working with Dr.
Evans, Dr. Hogarth, and Ms. Margaret Davidson to address ways in which
a national and coastal ocean observing system can provide data leading
to improved management decisions.
Regulatory Stability
Question 3. In 1996, the United States made the commitment to end
overfishing in our waters and rebuild overfished fisheries. The
transition to sustainable fisheries has not been an easy one and many
difficult, but necessary, management measures have been adopted.
Unfortunately, this has resulted in a never-ending morass of
regulations.
For example, New England groundfishing regulations were changed 5
times in 1999 and another 4 times in 2000. While I support a management
regime that is responsive to new information, we can clearly see that
there is absolutely no regulatory stability in our commercial
fisheries. This makes it extremely challenging for our fishermen to run
their businesses and nearly impossible for the Coast Guard and
enforcement agents to keep up.
a. If confirmed, how will you work to bring an element of
regulatory stability to fisheries management?
Answer: Fishermen are businessmen and need stability to plan and
manage operations effectively. I understand that Dr. Hogarth is
currently working with NOAA Fisheries' offices, regions and the
Councils to examine options for changing the annual regulatory process.
Over the next year, workgroups in each Council will evaluate regulatory
streamlining options and strategic planning. This will provide
fishermen with a much better opportunity to make business plans and
capital investments and foster sound conservation management. I look
forward to working with you, should I be confirmed, to find better ways
to balance fishery conservation and fishermen's social and economic
needs.
Public Process
Question 4. Recently, the National Marine Fisheries Service
published three notices in the Federal Register regarding changes in
the management measures needed to protect North Atlantic right whales.
They are all pieces of a rather complex regulatory puzzle.
Unfortunately, the way it was handled, stakeholders were put into the
position of having to make decisions about part of the puzzle as it
relates to dynamic area management without seeing the full proposal or
environmental impact statement on seasonal area management.
In essence, NOAA is denying stakeholders the ability to look at the
entire proposal and provide comments on measures that will greatly
impact their livelihoods. While this may meet the letter of the law, it
certainly falls far short of the intent.
a. If confirmed, what steps will you take to enhance and encourage
public participation in the regulatory process?
Answer: Clearly, public participation in the regulatory process is
a necessity. I am aware that Dr. Hogarth continues to make NOAA
Fisheries more open and transparent to the public. NOAA Fisheries is
already beginning a number of changes to improve public involvement in
fishery management decisions. Using the NEPA process, NOAA Fisheries
and the Councils will prepare information on all the requirements of
the ESA and other laws much earlier in the process and in full public
view. A NOAA Fisheries Office of Constituent Affairs and a pilot
project looking at electronic rulemaking were started in November. If I
am confirmed, I will work to ensure an open process and look for other
improvements to enhance public participation.
Intra-agency Cooperation and Coordination
Question 5. NOAA's different offices have a tremendous range of
expertise. Often, the agency's missions overlap the capabilities of the
different line offices. For example, the National Ocean Service was
able to provide the National Marine Fisheries Service with fisheries
habitat maps when they began implementing the Essential Fish Habitat
mandate. Unfortunately, the relationship between the line offices does
not always include such a level of cooperation and coordination. At
times, one office may need to duplicate the work of another simply
because they don't know what has already been done. This is highly
inefficient in terms of both time and money.
a. If confirmed, what will you do to encourage and enhance inter-
agency cooperation and coordination?
Answer: Effective cooperation and coordination of all components of
NOAA is a high priority for me. If confirmed, I will be reviewing all
levels of NOAA management with the goal of creating a more efficient
and effective agency that will better serve the needs of the American
public.
Atlantic Salmon/Endangered Species
Question 6. In 1997, the National Marine Fisheries Service and U.S.
Fish & Wildlife Service had withdrawn a petition to list Atlantic
salmon in 8 Maine rivers saying that the Maine Atlantic Salmon
Conservation Plan met this same goal. This Maine Plan was developed
over a period of 18 months involving over 75 stakeholders, including
the federal government. So you can imagine my extreme disappointment
when 2 years into the 5-year plan the Services abruptly changed course
and listed.
I understand that NMFS unsuccessfully tried to use this state-
oriented procedure with regard to Oregon salmon stocks. At the time,
the agency touted both state plans as an example of the flexibility
inherent in the Endangered Species Act. In the case of the Oregon Plan,
it relied heavily on voluntary measures and was subsequently defeated
in court because of the plans lack of mandatory measures. The state of
Maine's plan did include mandatory measures, yet it is my understanding
the NMFS withdrew their support for the plan for fear of another
litigation defeat.
a. Can you briefly tell the committee what you consider to be the
advantages and disadvantages of allowing states to take the lead in
developing endangered species recovery plans?
Answer: Clearly, states should play an important role in developing
endangered species recovery plans. State natural resource agencies are
valuable sources of knowledge regarding living marine resources and
must continue to be involved in rebuilding endangered populations.
Close partnerships with states allow leveraging of resources and
support at the local level.
b. Could you please tell the committee what you will do to help
promote the better use of science in the endangered species listing
process?
Answer: I know that the listing of Atlantic Salmon has been a very
serious issue for your home state of Maine and that it has had
considerable effects on the Maine economy. If confirmed, I will work to
ensure that NOAA Fisheries continues to improve both the quality and
quantity of its science used in the endangered species listing process.
__________
Responses to Written Questions Submitted by Senator Wyden to
Vice Admiral Conrad Lautenbacher
Question 1. The National Marine Fisheries Service (NMFS) has been
conducting stock assessment surveys in the West Coast groundfish
fishery every 3 years instead of every year. They do not have adequate
data on the 83 species that comprise the groundfish fishery. The law
states that a precautionary management approach is required to conserve
the stocks we have left.
--How will you ensure that NMFS has the resources to conduct
scientifically valid stock assessments on an annual basis?
--Can you assure me that NMFS will have the resources to remedy
this problem and will enthusiastically work with fishermen toward
sustainability?
Answer: I believe that groundfish stock assessments should be based
upon the best available science. I understand that NOAA Fisheries
conducts annual trawl surveys for these species using chartered
commercial fishing vessels. I am also told that the agency plans to
evaluate West Coast groundfish surveys to improve the accuracy and
efficiency of annual surveys and will work with the fishing industry
scientists to conduct other experimental acoustic surveys. If
confirmed, I will work with NOAA Fisheries to explore innovative ways
to work to improve stock assessments.
Question 2. It has been 3 years since NMFS promised to get
observers on the groundfish fishery boats. They are finally out there
this fall getting NMFS additional data regarding stocks and bycatch.
--Can you assure me that you will fully support this program and
its expansion?
Answer: I understand that NOAA Fisheries is committed to supporting
a robust observer program aimed at providing the necessary information
to manage groundfish effectively. Congress' $1.8 million increase for
the observer program in fiscal year 2002 will significantly further
this program. Industry data collection is also important. If confirmed,
I will continue to work to support both of these initiatives.
Question 3. The Capital Construction Fund (CCF) was useful when we
needed to increase the capacity of our nations' fisheries, but now that
stocks have been declining, we need to help fishermen retire, or leave
the fishery for good, rather than encouraging them to upgrade their
vessels and gear. The final section of S. 973, ``Pacific Coast
Groundfish Fishery Preservation Act,'' authorizes fishermen to withdraw
funds without penalty from their CCF if they are going to retire or
quit fishing altogether.
--What do you think of this approach?
Answer: I agree that reforming the Capital Construction Fund is an
idea that has merit and should be pursued. I am aware that the
Department of Commerce has been exploring potential changes to the Fund
in order to make it more flexible and if confirmed will work with you
on this issue.
__________
Responses to Written Questions Submitted by Senator Inouye to
Vice Admiral Conrad Lautenbacher
Question 1. Recently, NOAA has been the target of numerous lawsuits
brought by environmental groups alleging that the Administration has
failed to comply with statutes such as the ESA. I believe that our
precious natural resources should not be managed by litigation, but by
management plans carefully crafted with input from all legitimately
interested parties. What are your plans to bring NOAA into better
compliance with environmental laws so that our natural resources may be
managed more efficiently and fairly?
Answer: I strongly agree that management decisions related to our
natural resources should be based on sound science. I will work hard to
make that happen. My current understanding is that many of NOAA's
lawsuits stem from compliance and process issues and not necessarily
the science behind the policy decisions. Dr. Hogarth, Assistant
Administrator for NOAA Fisheries, is looking at internal organization
and procedures and is also working with the Regional Fishery Management
Councils (Councils) and other interested parties to ensure that NOAA
Fisheries has fully integrated the requirements of the ESA, NEPA, and
other statutes. In addition, funding that Congress has provided to help
NOAA Fisheries improve compliance and reduce litigation problems has
proven especially useful. Should I be confirmed, I will support Dr.
Hogarth's efforts to ensure that NOAA Fisheries manages our living
marine resources effectively and efficiently, based on sound science.
Question 2. NOAA conducts much basic research on marine and
oceanic matters in order to support the policy decisions that NOAA
makes, but this research sometimes misses the mark. For example, in
Hawaii, the Congress has appropriated millions upon millions of dollars
for research regarding the Green Sea Turtle. Little of that research,
however, is relevant to the most pressing problem that NOAA's National
Marine Fisheries Service faces in the Pacific: how to design fishing
gear that is safe for turtles. Now, millions more must be appropriated
so that relevant research may be conducted. As the head of NOAA, what
would you do to ensure that NOAA's laboratories are better tied in to
NOAA's overall mission?
Answer: I believe coordination among NOAA headquarters, field
offices and laboratories is vital to ensuring that NOAA moves forward
with its overall mission. I am not yet familiar with the research that
NOAA Fisheries has conducted on the Green Sea Turtle. However, I
understand the value of gear research. I am told that work in the
Hawaii longline fishery is underway with complementary efforts in the
Atlantic. NOAA Fisheries must continue to balance the economic
viability of the longline fishery and protection for endangered
species. Should I be confirmed, I look forward to working to improve
NOAA effectiveness in this difficult arena.
Question 3. Within the past year or two, the Department of the
Interior has started to take the position that its jurisdiction extends
12 miles out into the oceans around wildlife refuges. The Department of
Commerce, however, has assumed jurisdiction over coastal waters
starting from 3 miles from the coastline under the Magnuson Act. What
steps will you take to clarify that the jurisdiction of the Department
of the Interior extends only 3 miles from the coastline, as mandated by
the Magnuson Act?
Answer: I understand that this is a concern to you and your
constituents and also that the Department of Justice (DOJ) has looked
into this matter. Although I have not seen the opinion, I will, if
confirmed, review the matter to determine its effect on NOAA's ability
to manage marine resources. I will work with you and the Administration
to resolve any outstanding concerns related to this issue.
Question 4. What is the status and likely disposition of the
Department of Commerce's review of President Clinton's Executive Order
regarding the protection of the coral reefs in the Northwest Hawaiian
Islands?
Answer: I understand that the National Marine Sanctuaries Act
(NMSA) Amendments of 2000 direct the designation of a National Marine
Sanctuary in the Northwestern Hawaiian Islands. Secretary Evans has
said that while the sanctuary designation process and review of the
Executive Orders are underway, the Department will continue to use
conservation and management measures under existing statutory
authorities to manage these unique resources consistent with the
purposes and policies of the NMSA. If confirmed, I will work within the
Administration to develop a proposal that accommodates the various
views and concerns surrounding this issue.
Question 5. What is NOAA's overall strategy for managing
endangered species, such as the Monk Seal, and Green Sea Turtles, so
that the many healthy Pacific fisheries may either remain open or be
re-opened?
Answer: I understand that NOAA continues to work within its
programs, with other agencies and stakeholders under the ESA and the
Marine Mammal Protection Act to minimize the impact of human activities
on these species. NOAA Fisheries has also finalized recovery plans for
all of the sea turtles found in U.S. waters and for the Hawaiian Monk
Seal and continues to implement the recovery efforts outlined in those
reports. Ensuring that Pacific fisheries remain open or be re-opened is
important to NOAA, as well as to you and your constituents. If
confirmed, I will continue to work with you and NOAA Fisheries to
develop innovative and cooperative solutions to conservation problems.
Question 6. Does NOAA support the formation of a new Pacific
Region within the National Marine Fisheries Service so that the needs
of Hawaii and the Pacific will be addressed promptly and thoroughly?
Answer: I recognize the uniqueness of the fisheries' needs in
Hawaii and the Western Pacific and I believe both NOAA and the
Department of Commerce support the formation of a new Western Pacific
Region within NOAA Fisheries. I also recognize that we must continue to
take care of various issues within the Southwestern U.S., where Hawaii
fisheries' issues are currently handled. Should I be confirmed, I look
forward to working with you on this issue while continuing to balance
and support the needs of California fisheries.
Question 7. If NOAA does not support the formation of a new
Pacific Region, what concrete steps will the Administration take to
ensure that Pacific issues are properly addressed?
Answer: I believe both NOAA and the Department of Commerce support
the formation of a new Western Pacific Region within NOAA Fisheries.
__________
Prepared Statement of Senator Olympia J. Snowe
As Ranking Member of the Oceans, Atmosphere and Fisheries
Subcommittee, and as someone who represents a State with a 3,500-mile
coastline, and which in 2000 led New England in both the value and
volume of fisheries, I would like to welcome Admiral Lautenbacher, our
NOAA nominee, to the Committee.
NOAA is the largest agency in the Commerce Department, and it has a
critical mission. The oceans contain essential natural resources, and
today, we face unprecedented challenges in trying to manage these
resources. Having worked with the Admiral in the past, I am certain he
will prove equal to the challenge.
NOAA is an agency with tremendous scope and reach. It is
responsible for the National Marine Fisheries Service, or NMFS, which
administers those programs that support the domestic and international
conservation and management of living marine resources. NMFS provides
services and products to support domestic and international fisheries
management operations, fisheries development, trade and industry and
assistance activities, enforcement, protected species and habitat
conservation operations, and the scientific and technical aspects of
NOAA's marine fisheries program.
Furthermore, the National Ocean Service under NOAA develops the
national foundation for coastal and ocean science, management,
response, restoration, and navigation. The Office of Oceanic and
Atmospheric Research conducts and directs research in atmospheric,
coastal, marine, and space science, while the Office of Marine and
Aviation Operations and National Environmental Satellite Data and
Information Service operate aircraft, ships and satellites to collect
data for research. And finally, the National Weather Service plays a
key role in providing weather, water and climate warnings and forecasts
that are widely used and relied upon not only for recreation, but for
the livelihood of countless Americans.
In other words, NOAA is in the ocean, on the ocean, in the
atmosphere and above the atmosphere--that's covering an awful lot of
territory. As such, the work of NOAA impacts a tremendous number of
Americans, and vice versa. More than half of the U.S. population lives
on the 10 percent of U.S. land designated as the coastal zone. And the
size of our coastal population grows every year, placing increasing
strains on coastal resources.
We are at a precarious time in terms of our fisheries, and our
fishermen, and the statistics speak for themselves. Of the 157 fish
stock groups for which we know the utilization status, 36 percent are
over-utilized, and another 44 percent are fully utilized. These
fisheries had a dock-side landings value in 2000 of nearly $3.5
billion, and the value of processed fisheries products exceeded $7.2
billion in 2000.
This production easily employs over 100,000 people in the United
States, and in my home State of Maine alone, fisheries help employ more
than 22,000 people. It will be one of Admiral Lautenbacher's greatest
responsibilities to protect not only the fish, but also the fishermen,
and I believe his experience and leadership make him well qualified for
the task.
Of course, NOAA's atmospheric mission is equally vital. Its climate
research programs could not be more critical at a time of renewed
concern about global warming. And, of course, the National Weather
Service provides information that is essential to the protection of the
lives and property of all our citizens. This was well in evidence just
this past week trying to protect the people of Florida from Hurricane
Michelle.
This is a defining time for NOAA--a time that calls for strong
leadership and a serious and careful commitment to sound scientific
principles. Unfortunately, we have seen the agency flounder, basing
regulatory decisions not on science or resource management policy, but
on litigation or the fear of litigation. I don't want to see a Federal
agency driven by lawsuits. Rather, our Federal Government should
function in the best interests of public policy and the American
people.
Admiral Lautenbacher brings an exemplary 36-year Naval career
rising to the rank of Vice Admiral and serving as the Deputy Chief of
Naval Operations for Resources, Warfare Requirements, and Assessments.
Most of us would consider that an impressive professional achievement
in and of itself.
But the Admiral also holds a PhD from Harvard in Applied
Mathematics and is well respected for his keen scientific knowledge. To
me, that's a one-two punch that's almost unbeatable when it comes to an
agency in need of strong direction from someone who understands
scientific methods and respects the scientific basis on which so much
of NOAA's work must rest. This proven track record of leadership,
combined with his strong familiarity with scientific processes make him
uniquely suited to this demanding position.
I've seen Admiral Lautenbacher in action, and I can speak firsthand
of his intelligence, his grasp of the issues, his obvious penchant for
preparation, and his ability to think on his feet. In fact, he
testified on the future of a strong Navy several times before the
Senate Armed Services Seapower Subcommittee when I served as Chair. I
have found him to have a firm grasp of the need to balance resources
with the realities of funding limitations in order to maximize our
results. NOAA is an agency sorely in need of such an outlook.
I wanted to offer these comments, Mr. Chairman, as I have had the
opportunity to work directly with the Admiral and have been very
impressed with his abilities. I hope the Committee will carefully
consider this well-qualified nominee, and I want to thank the Chairman
and thank Admiral Lautenbacher for appearing before this Committee.
Admiral, I wish you the best as your nomination proceeds.