Statement to the House Subcommittee on Fisheries and Oceans Regarding H.R. 1489, Coastal Ocean Observation System Integration and Implementation Act of 2005 May 9, 2005 Chairman Gilchrest and Members of the House Subcommittee on Fisheries and Oceans, we thank you for the opportunity to provide comments on H.R. 1489, the Coastal Ocean Observation System Integration and Implementation Act of 2005. We thank you for your ongoing recognition of the importance of marine navigation safety through your support of maritime operations services programs under the jurisdiction of the Subcommittee on Fisheries and Oceans. Specifically, the Subcommittee has promoted the surveying, charting, mapping, geodetic, and hydrographic observation programs as administered by NOAA s National Ocean Service. It is these programs to which Dr. Richard Spinrad referred in his testimony at your April 19, 2005 hearing and recognized by the Ocean Commission and President s Ocean Action Plan as the federal backbone for an Integrated Ocean Observing System (IOOS). The Marine Navigation Safety Coalition was formed approximately 15 years ago to recognize the importance of the NOAA navigation service programs. We applaud your successful efforts to create the Hydrographic Service Improvement Act (HSIA) of 1998 and the amendments of 2002. The amendments of 2002 specifically state that NOAA shall develop, operate and maintain real-time hydrographic observation systems for maritime operations safety. While we did not visualize it at the time, the hydro observation programs under the National Ocean Service and operated by the Center for Oceanographic Observation Products and Services (COOPS) are the foundation upon which an IOOS will be built. This includes the National Water Level Observation Network (NWLON) and the Physical Oceanographic Real Time Systems (PORTS). NWLON and PORTS are real-time hydrographic observation platforms that are already integrated and quality controlled for operational applications. COOPS is also engaged in private sector partnerships with research universities to develop enhanced hydro observation modeling programs with the clear goal of presenting them for operational field use. The Coalition believes that NWLON and PORTS in complement to other NOAA observing platforms, i.e. National Weather Service buoys - should clearly and succinctly be outlined in HH 1489 as the basis for development of the federal backbone of a coastal ocean observing system through the enhancement and expansion of the existing observation platforms to meet maritime safety requirements. A number of points support this position:
2 The Ocean Commission recommended that NOAA be the lead agency for IOOS development, NOAA already owns, operates or oversees real-time observation platforms for hydrographic monitoring for multiple stakeholder use which merely need expansion and enhancement, The NOAA observation data is already operational, quality controlled, integrated and accessible to many stakeholders, The NOAA observing programs of NWLON and PORTS are authorized under the HSIA but are overshadowed by more grandiose concepts of IOOS, There is no holistic plan for integration of other federal observations, and NOAA/COOPS has the expertise, already, to begin further integration of other programs to the existing standards. On December 17, 2004, President Bush submitted the U.S. Ocean Action Plan to Congress in response to the U.S. Commission on Ocean Policy report, An Ocean Blueprint for the 21 st Century. This plan included the recommendation to build an Integrated Ocean Observing System (IOOS) as part of a Global Earth Observation Network. The Coalition supports an IOOS as a direct mechanism to support another recommendation in the Ocean Action Plan: Improve the Maritime Transportation System. When we review any IOOS proposals, including those outlined in H.R. 1489, we consider their impact on and support of safe navigation in the Maritime Transportation System (MTS). As such, we appreciate your inclusion of the marine operations component in the Purposes section of the Act. We have reservations, however, on the bill s reliance on the National Ocean Research Leadership Council (or its successor) to direct the manner in which IOOS will be developed because the Council does not include any maritime transportation representatives and we are not aware that it has engaged the maritime industry in discussions about MTS observation needs. We would like assurances that the Secretary will recognize the existing data presentations by NOS. As stated, COOPS has the expertise and already provides real-time, integrated and quality controlled data to a wide range of stakeholders. It already enters into private sector partnerships to perform pilot projects. It already has the expertise to integrate other governmental and non governmental observing programs. The Coalition recommends that the H.R. 1489 require the inclusion of the NOAA National Ocean Service existing operational observation data as a complement to the oceanographic research component promoted by the Council. This may be accomplished in Section 4 (a) by adding a sentence after the first to state, The Administrator of NOAA shall make recommendations to the Secretary for the inclusion of real-time observations as administered under the National Ocean Service, Center for Oceanographic Products and Services to support safe maritime navigation as a critical component in the establishment of a Coastal Ocean Observation System.
3 We note that H.R. 1489 does not specifically call for the creation of regional associations to address regional observation needs. As you may know, NOAA, in conjunction with Ocean.US, has already begun the creation of regional associations despite the lack of authorizing language. It is our perception that NOAA will continue on this track as long as Congress provides undesignated funding for the development of an IOOS. In fact, Regional Associations are already working cooperatively in support of funding for the development of IOOS. The Coalition supports regional strategic planning to prioritize local and regional observation needs. However, we believe it is important that the Committee give its attention to two concerns with the way IOOS is being developed through regional associations: Despite the certification process required for the development of a regional association, there is no consistency between regional associations for IOOS development such as in the way in which hydro observation priorities are set, i.e. hydro observation collection vs. management; planning vs. operations; operational needs vs. research, and The current emphasis on research components of Regional Associations diverts from the immediate need to address maritime navigation safety both within NOAA and in the regional associations. Therefore, without clarifying the way in which an IOOS will be implemented, and without providing some direction for Regional Associations, IOOS funding will continue to enable new organizations and programs while under-funding existing efforts, particularly those which support safe navigation. Congress should not be ambiguous about what is to be expected in return for Federal Funding, particularly with regard to the operational components of an IOOS such as NOS navigation safety programs, and the need for Regional Associations to represent and serve a broad cross-section of stakeholders. To illustrate this point, we direct the Subcommittee to the agenda for the upcoming Second Annual IOOS Implementation Conference held on Crystal City on May 4-5, 2005. Despite the lack of consensus for the integration of federal agency observations which should be a priority for discussion, the emphasis of this workshop was with research and education. While we appreciate the need for research and education in understanding our oceans and atmosphere, the ecological and economic impact from maritime incidents is an immediate need. The financial impact from dealing with a single grounding can exceed the estimated budget for implementing PORTS on a national basis. As such, building the federal backbone for IOOS upon existing operational systems such as NWLON and PORTS is sensible, cost-effective and will provide a high return in improved safety and efficiency of maritime operations, while supporting other data collection needs. At this stage in IOOS development, Regional Associations (RA s) come in all shapes and sizes. A number of RA s are already in operation. Others are just getting started. A few of the established Regional Associations have reached out to the Marine Navigation Safety Coalition to discuss ways in which we can mutually support IOOS. We are pleased with that expression of potential shared interest and believe a cooperative effort on behalf of an enhanced coastal ocean observing system is very possible. Our Coalition concerns are simple:
4 Support for maritime safety is critical, Continued and enhanced funding is necessary to maintain the NOS navigation programs, It is important that Regional Associations acknowledge the operational components of IOOS that are essential to safe navigation, and Standards must be established for the development of regional associations. We believe that our discussions with the RA s will be productive and we will keep the Subcommittee informed on their progress. One of the most important aspects of H.R.1489 is the requirement that the Secretary is must report to Congress in 12 months on how IOOS might be implemented under Section 12. However, we would like to see an inclusion in Section 12 which clearly asks the Secretary to provide a plan by which NWLON and PORTS will be used as backbone platforms for a coastal IOOS and the costs and timeline to complete a full complement around the United States. Further, the Marine Navigation Safety Coalition recommends that federal funding authorized by H.R. 1489 and appropriated to implement the Coastal Ocean Observing System be deemed 1 available funding for the purposes of 33 U.S.C. 892a(b)(4). Here is an important point: maritime observations have been shown to provide critical data to all stakeholders, including research, resource managers, and recreational interests. BUT, the converse is not true. Maritime observations which support safe navigation help everyone. Therefore, maritime observation data using NWLON and PORTS is practical, efficient and costeffective. It is estimated that it will take about $50 million over ten years to complete a realtime, integrated hydrographic observing foundation which NOAA acknowledges is the backbone of IOOS. Some estimates for the cost of developing an IOOS have been as high as $700 million by comparison. The Section 14 Authorization of Appropriations is sufficient for an NOS, COOPS based program to develop IOOS. But, with NOAA s emphasis to build an IOOS with new groups and new observations or with the need to integrate other federal programs into NOS and COOPS, the proposed amounts are not sufficient. Congress appropriated approximately $16.5 million of IOOS dedicated money in FY 05. (More was applied in tsunami related funding which is another hydrographic observing program). We estimate that only $300,000 went toward the existing observing programs in NOAA. We do not know how the rest was allocated. Congress handed over large sums of money which could have made significant progress in creating the backbone platforms for an IOOS. Instead, maritime safety programs did not realize any substantial benefits from the funding appropriated. The Coalition would like to make two suggestions to develop IOOS which parallel new IOOS legislation: 1 The 2002 amendments to the Hydrographic Services Improvement Act, amended 33 U.S.C. 892a(b)(4) to read, [T]he Administrator shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency. (Public Law 107-372).
5 Support full funding, at the HISA-authorized levels, for COOPS with an emphasis on the authorized requirement for NOAA to build and maintain a national, realtime observing system such as PORTS and NWLON; and Ask that all IOOS funds in appropriations be allocated based on priorities set forth in an IOOS plan, that includes specific guidance on IOOS implementation spending priorities. Thank you again for the opportunity to comment on H.R. 1489. We appreciate your interest in the development of an IOOS and look forward to working with you to support maritime safety. Please feel free to contact any of our members listed or contact the coordinator, Helen A. Brohl, at 973-345-2534, usglsa@cs.com. MARINE NAVIGATION SAFETY COALITION MEMBERSHIP 2005 American Association of Port Authorities American Great Lakes Ports Association American Institute of Marine Underwriters American Maritime Congress American Petroleum Institute American Pilots Association American Waterways Operators Aqua Survey, Inc. (New Jersey) Association of Ship Brokers and Agents Boat Owners Association of the United States Boston Shipping Association C & C Technologies (Louisiana) Chamber of Shipping of America Columbia River Steamship Operators Association Delaware River Port Authority Duluth Seaway Port Authority Great Lakes Commission Great Lakes Maritime Task Force Greater Houston Port Bureau, Inc. Gulf of Maine Observing System Hampton Roads Maritime Association International Council of Cruise Lines Jacksonville Maritime Association Lake Carriers Association LCMF Incorporated Maritime Association of the Port of Charleston Maritime Association of the Port of NY/NJ Marine Exchange of the San Francisco Bay Region Marine Exchange of Southern California Marine Exchange of the West Gulf, Inc.
6 Maritime Exchange of the Delaware River and Bay Maritime Information Service of North America Marine Exchange of Puget Sound National Mining Association National Ocean Industries Association Nation s Port (NY/NJ) National Waterways Conference, Inc. (Inland Rivers) Pacific Merchant Shipping Association Passenger Vessel Association Pilot Association of the Bay and Delaware River Port Authority of New York & New Jersey Savannah Maritime Association Steamship Association of Louisiana Terra Surveys, LLC (Alaska) Thales Geosolutions (California) The Fertilizer Institute Transportation Institute United States Great Lakes Shipping Association West Gulf Maritime Association Woods Hole Group (Massachusetts)