Of the many complaints about actions taken by Kitty Simonds, executive director of the Western Pacific Fishery Management Council, one of the most frequent and serious concerns the council’s apparent involvement (directly or through contractors) in lobbying at the state and federal level.
Changes proposed by the National Marine Fisheries Service would tighten up language intended to prohibit lobbying by councils. The changes are included in proposed rules published March 27, 2009, in the Federal Register.
First, in the existing section (50 CFR Part 600, § 225) titled “Rules of conduct,” a paragraph that now protects council employees from being fired or punished for their political affiliation is deleted. In its stead is language requiring “council members, employees, and contractors” to comply with the restrictions attached to the grants through which the councils receive federal funds. Those “Federal Cost Principles applicable to Regional Fishery Management Council Grants and Cooperative Agreements” contain proscriptions on lobbying, but the new language emphasizes this, noting that compliance is required “especially with regard to lobbying.”
Second, an entirely new section (§ 600.227, titled “Lobbying”) is proposed to be added to the regulations. Under this section, council members, employees, and contractors are instructed to comply with proscriptions on lobbying contained in both federal law and Department of Commerce regulations.
Much of the proposed new language is taken directly from the restrictions on lobbying that appear in Appendix B to “Federal Cost Principles” (2 CFR Part 230, also known as OMB Circular A-122).
Here, the list of prohibited activities specifically calls out efforts to influence:
- The introduction of federal or state legislation;
- The “enactment or modification” of pending legislation through such means as “preparing, distributing, or using publicity or propaganda, or by urging members of the general public to contribute to or participate in any demonstration, march, rally, fundraising drive, lobbying campaign, or letter writing or telephone campaign;”
An exception is made for providing “a technical and factual presentation directly related to the performance of a grant, through hearing testimony, statements, or letters to Congress or a state legislature… if made in response to a documented request.”
Deadline for comment on the proposed rules is July 7, 2009. (For more information on the proposed rules, see the link on our website, [url=http://www.environment-hawaii.org.)]www.environment-hawaii.org.)[/url]
— Patricia Tummons
Volume 19, Number 11 May 2009
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