Legal Framework and Social Impact Analysis Training Overview

Welcome Introduction to the Legal Framework for the Consideration of Social Effects Regulatory Training Program

Objectives After completing this module, you will be able to: List and describe the mandates that require social impact analysis Locate and apply guidance

Overview Mandates MSA NEPA ESA EO 12866 and EO 12898 NMFS Guidance*

Social Impact Assessment Mandates Magnuson Act 303(a)(9), 303(a)14, 303(b)(6) NS1, NS4, NS8, NEPA 102(2)(A) CEQ - 40 CFR 1508.14 (human environment) CEQ - 40 CFR 1508.7 (cumulative effects of management actions, past and present) ESA 4(b)(2) (Critical Habitat) EO 12866 (Regulatory Planning and Review) EO12898 (Environmental Justice)

MSA Social Impact Required Provision 303(a)(9) FIS Includes analysis of cumulative conservation, economic and social impacts analyses, effects on safety of human life at sea 303(a)(14) Allocation Allocate, taking into consideration the economic impacts of the harvest restrictions or recovery benefits on the fishery participants in each sector, fairly and equitably. Discretionary Provision 303(b)(6) Limited Access Authorizes the development of limited access systems to achieve OY and sets forth the required considerations which includes: the dependence on the fishery the economics of the fishery the cultural and social framework relevant to the fishery and any affected communities fair and equitable distribution of access privileges in the fishery LAPPs (303A)

NEPA -Social Impact Impact analysis must inform the decision Direct, indirect, and the means to mitigate adverse environmental impacts on the human environment CEQ regulation (40 CFR 1508.14) Federal agencies must also discuss economic and social effects if these effects are interrelated with effects on the natural or physical environment.

NEPA Social Impact Context: Analysis should be based on the entire affected region and society, not in isolation. Consider socioeconomic, legal, and political situation surrounding the proposed action. Intensity: Consider cultural resources - NEPA Book 2001

NEPA Social Impact Social effects are tied to the social environment by identifying which communities will be affected.

NEPA Social Impact Have Environmental Justice concerns been raised through the amendment development process? Environmental justice analysis = determination if impacts are distributed disproportionately to minorities or low income populations within the area of influence.

Social Impact Assessment (SIA) NMFS Guidance SIA is defined a method of gauging the social and cultural consequence of alternative fishery actions or policy SIA process (a) description of social characteristics of a fishery and/or community (social factor analysis) (b) description of effects of social changes (social impact assessment) www.nmfs.noaa.gov/op/pds/documents/01/111/01-111-02.pdf

Summary Social Impact Multiple overlapping mandates NMFS Guidance document provides a general understanding of the objectives and techniques of SIAs. The more comprehensive social impact information and analysis, the more objective and defensible the decision-making process

Review of Objectives List and describe the mandates that require social impact analysis Locate and apply guidance

IMPORTANT ECONOMIC AND SOCIAL ISSUES AND ASSOCIATED MANDATES

PREE Timing: When alternatives have been developed but before preparation of a proposed rule package (most likely at draft FMP/amendment stage before public hearings) Content: General description of economic effects of alternatives that may be reasonably anticipated Effects on net benefits Distributive impacts Impacts on small entities Qualitative where not quantitative

Review of Objectives After completing this module, you will be able to: List and describe the mandates that require social impact analysis Locate and apply guidance