2024-06-25 Work SessionKodiak Island Borough
Assembly Work Session
Assembly Chambers
Tuesday, June 25, 2024, 6:30 p.m.
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular
meeting agenda packet and seek or receive information from staff. Although additional items not listed on the
work session agenda are discussed when introduced by the Mayor, Assembly, or staff, no formal action is taken
at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda.
This work session is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting
packets are available online.
Page
1. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202
2. AGENDA ITEMS
a. National Oceanic and Atmospheric Administration (NOAA) 4-57
Fisheries Equity And Environmental Justice Implementation Plan
For Our National Equity And Environmental Justice Strategy In
Alaska Presentation
Agenda Item Report - Pdf
NOAA Fisheries EEJ Implementation SF FMP Presentation
b. Salonie Creek Rifle Range Lease Discussion 58-74
Agenda Item Report - Pdf
3. PACKET REVIEW
a. AWARDS AND PRESENTATIONS
• Presentation To Tessa Davis, PLAN 2045 Logo Design
Contest Winner
PUBLIC HEARING
• Ordinance No. FY2024-02A An Ordinance Of The
Assembly Of The Kodiak Island Borough Amending
Ordinance No. FY2024-02, Fiscal Year 2024 Budget, By
Amending Budgets To Account For Various Revenues
That Are Over Budget, Providing For Additional
Expenditures, And Moving Funds Between Projects
CONTRACTS
• Contract No. FY2024-38 Approval For Elevator
Maintenance Service With Otis Elevator Company At
Kodiak Fisheries Research Center
• Contract No. FY2025-02 Animal Control Contract Between
Kodiak Island Borough And The City of Kodiak For July 1,
Page 1 of 87
2024 to June 30, 2026 For The Amount of $154,430 For
Year One And $156,930 For Year Two
• Contract No. FY2025-03 Building Inspection Program
Memorandum Of Agreement Between The Kodiak Island
Borough And The City of Kodiak For Fiscal Year 2025 To
Fiscal Year 2029
RESOLUTIONS
• Resolution No. FY2024-22 Authorizing The Disposal Of
Borough Land To The Kodiak Electric Association For The
Purpose Of A Utility Right -Of -Way And Easement
• Resolution No. FY2025-02 Re -Establishing The Fees Of
The Kodiak Island Borough
OTHER ITEMS
• Confirmation of Mayoral Appointments To The Borough
Lands Committee Of Mr. Corey Gronn and Mr. Dave
Townsend
4. MANAGER'S COMMENTS
a 2024-06-25 Borough Manager's Report
5. CLERK'S COMMENTS
a 2024-06-25 Borough Clerk's Report
6. ASSEMBLY MEMBERS' COMMENTS
7. MAYOR'S COMMENTS
8. EVENTS CALENDAR
• July 11-16, NACo Annual Conference, Florida
• August 13-15, 2024 Summer Legislative Conference, Kodiak,
Alaska
• December 9-13, Annual Local Government Conference
9. INFORMATIONAL MATERIALS
a Meeting Material
75-82
Page 2 of 87
This meeting is open to the public and will be broadcast on the Borough's YouTube Channel. Meeting packets are available
online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call
(907) 486-3231 or (855) 492-9202.
Page 3 of 87
AGENDA ITEM #2.a.
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 25, 2024
4 '
x ASSEMBLY WORK SESSION
SUBJECT: National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity
And Environmental Justice Implementation Plan For Our National Equity And
Environmental Justice Strategy In Alaska Presentation
ORIGINATOR: Nova M. Javier, MMC, Borough Clerk
RECOMMENDATION:
The goal for this presentation is to seek input from Tribal governments and
organizations to help NOAA develop the Equity and Environmental Justice Strategy
document.
DISCUSSION:
The Borough Clerk's Office received an email from Maggie Mooney-Seus on May 21,
2024, requesting that National Oceanic and Atmospheric Administration (NOAH) give
a presentation as they develop and Equity and Environmental Justice Implementation
Plan for the national Equity and Environmental Justice Strategy in Alaska.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
Kodiak Island Borough
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity
Page 4 of 87
,ppylp AiuogpHFq
M
q NOAH
8 g
g FISHERIES
NOAA Fisheries
Equity and
Environmental
Justice Strategy
AGENDA ITEM #2.a.
Page 5 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Executive Summary
NOAA Fisheries is responsible for managing the nation's ocean resources and habitats. We use the best science available
to make fisheries sustainable and productive, provide safe seafood, conserve protected resources, and maintain healthy
ecosystems. It is our goal to make these services available to everyone, such that no community' is underserved. This
document outlines NOAA Fisheries' strategy for incorporating equity and environmental justice (EEJ) into everything we
do, and in ways that are consistent with applicable laws and availability of appropriations.'
Equity is the fair treatment of all individuals, taking into account that not everyone has been treated fairly.
Environmental justice is equity applied to environmental laws, policies, and practices. The Federal Government
recognizes that barriers to equity have left many communities underserved, and they are often the most vulnerable to
environmental issues, such as climate change. Recognizing that not all communities have had equal access to NOAA
Fisheries' services, we identified three overarching goals to move us closer to EEJ for all:
• Prioritize identification, equitable treatment, and meaningful involvement of underserved communities;
• Provide equitable delivery of services; and
• Prioritize EEJ in our mission work with demonstrable progress.
To reach those goals we identified six core areas where we can improve. We created this strategy using input from
NOAA Fisheries staff and the public. We will continue to engage with communities, and underserved communities in
particular, to implement this strategy at regional and programmatic levels. There is much to do, and we are committed
to advancing EEJ at NOAA Fisheries.
U=1 Policy and Plans
O
Inclusive t Researchand
Governance I�Imll� VOWER/s aC monitoring
Benefits Outreach and
Fngagemem A
i
NOAH
FISHERIES
' For the purposes of this document, "communities' are groups of individuals, representatives from organizations or interest groups, or
governmental entities that have a strong interest in or are affected by NOAA Fisheries' work and policies.
' This strategy must be implemented consistent with applicable laws and subject to the availability of appropriations. Further, the EEJ strategy is
not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 6 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
NOAA Fisheries I Equity and Environmental Justice Strategy
Table of Contents
Equity and Environmental Justice Strategy
Executive Summary
Table of Contents
List of Acronyms
Definitions
Introduction
NOAA Fisheries' Stewardship Mission
Policy Mandates for Equity and Environmental Justice
Barriers to Equity and Environmental Justice
NOAA Fisheries' Approach to EEJ
Empowering Environment
Policy and Plans
Research and Monitoring
Outreach and Engagement
Benefits
Inclusive Governance
Appendix 1: Synthesis of Public Input
Synthesis of Public Comments
Appendix 2: NOAA Fisheries Authorities and EEJ
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
1
2
3
4
5
6
7
7
9
11
12
15
17
20
25
27
31
31
38
3
Page 7 of 87
NOAA Fisheries I Equity and Environmental Justice Strategy
List of Acronyms
CERCLA: Comprehensive Environmental Response, Compensation and Liability Act
DOC: Department of Commerce
EEJ: Equity and Environmental Justice
EO: Executive Order
ESA: Endangered Species Act
HMS: Highly Migratory Species
IN FISH!: Inclusive NOAA Fisheries Internship Program
LGBTQ+: Lesbian, Gay, Bisexual, Transgender, Queer, and Others
IK: Indigenous Knowledge
MMPA: Marine Mammal Protection Act
MREP: Marine Resource Education Program
MSA: Magnuson -Stevens Fishery Conservation and Management Act
NCBO: NOAA Chesapeake Bay Office
NEPA: National Environmental Policy Act
NMFS: National Marine Fisheries Service
NOAA: National Oceanic and Atmospheric Administration
NOAA Fisheries: NOAA's National Marine Fisheries Service
OHC: Office of Habitat Conservation
OPA: Oil Pollution Act
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
4
Page 8 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Definitions
NCAA Fisheries acknowledges that the following definitions and principles are not static and that NCAA Fisheries'
organizational knowledge continues to develop. We are committed to the ongoing assessment and evolution of NOAA
Fisheries' understanding of EEJ.
Environmental justice,,' is the fair treatment and meaningful involvement of all people, regardless of race, color,
gender, sexual orientation, national origin, tribal affiliation, religion, disability, or income during the development,
implementation, and enforcement of environmental laws, regulations, and policies, including but not limited to:
• Equitable protection from environmental and health hazards;
• Equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow,
worship, and engage in cultural and subsistence practices; and
• Equitable opportunity and access to decision-making processes for underserved communities.
Equity' is the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who
belong to underserved communities that have been denied such treatment.
Meaningful involvement' means:
• Communities have an opportunity to participate in decisions about activities that may affect their
environment and/or health;
• The communities' contribution will inform NCAA Fisheries' decisions;
• Community concerns will be considered in the decision-making process; and
• Decision -makers will seek out and facilitate the involvement of those potentially affected.
Public' is the general population of the United States. Many segments of "the public" may have a particular interest in,
or may be affected by, NCAA Fisheries programs and decisions.
Communities,' for the purposes of this document, are groups of individuals, representatives from organizations or
interest groups, or governmental entities that have a strong interest in or are affected by NCAA Fisheries' work and
policies.
Underserved communities" refers to communities that have been systematically denied a full opportunity to
participate in aspects of economic, social, and civic life. These include geographic communities as well as populations
sharing a particular characteristic, history, or identity. Adapting EOs 13985 and 14091, these groups could include but
3 Adapted from the Environmental Protection Agency's definition and EO 14096.
° Informed by First National People of Color Environmental Leadership Summit Principles of Environmental Justice.
5 Informed by Bennett et al., 2021. Blue growth and blue justice: Ten risks and solutions for the ocean economy. Marine Policy, 125.
6 As defined by EO 13985 and EO 14091.
Adapted from the Environmental Protection Agency's definition.
8Adapted from the Environmental Protection Agency's definition.
9 NCAA Fisheries notes that it works closely with other governmental entities (e.g., tribes, states, and territories) who are important and valuable
partners and also included in this definition of communities.
10 As defined by EO 13985.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 9 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
are not limited to: women and girls; Black, Latino, and Indigenous and Native American persons," Asian Americans
and Pacific Islanders, and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender,
queer, and other (LGBTQ+) persons; persons with disabilities; persons who live in rural or urban areas; and persons
otherwise adversely affected by persistent poverty or inequality. Specific to the fisheries context, underserved groups
within fishing communities may include, for example, subsistence fishery participants and their dependents, fishing
vessel crews, and fish processor and distribution workers. Finally, territorial and commonwealth communities in
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands
may also be categorized as underserved. Underserved communities vary by region, and by the barriers they face.
Furthermore, many of these community categories intersect. Hence identification of and meaningful involvement with
underserved communities will be regionally specific and an ongoing process that will require long-term commitment.
Climate change is the long-term shift in oceanic and atmospheric conditions, resulting in increased temperature, heat
waves, sea level rise, and changes in weather patterns like drought, flood, and storm frequency/duration. Climate
justice seeks to protect the rights of those most vulnerable to the effects of climate change. EO 14008 recognizes that
climate change places additional environmental, economic, and social burdens on disadvantaged communities that
have been historically marginalized and overburdened.
Recognitional justice12 is the acknowledgement of and respect for pre-existing governance arrangements as well as
the distinct rights, worldviews, knowledge, needs, livelihoods, histories, and cultures of different groups in decisions.
Procedural justice13 is the level of participation and inclusiveness of decision-making and the quality of governance
processes.
Introduction
NOAA Fisheries 14 endeavors to equitably serve all communities in our stewardship of the nation's ocean resources and
their habitat. To accomplish this mission, we need to incorporate and prioritize equity and environmental justice (EEJ) in
all of our ongoing and future activities, to the extent consistent with existing applicable law. This strategy provides
guidance for doing so, with an emphasis on identifying and engaging underserved communities. It is the result of
guidance from recent Executive Orders (Eos), the Department of Commerce's Equity Action Plan, NOAA's Climate
Council, and NOAA Fisheries leadership, as well as enthusiastic staff participation and a clear and growing need
expressed by the communities we serve.
In 2021, NOAA Fisheries convened an EEJ Working Group to improve information sharing, coordinate internal expertise,
and develop this strategy. The strategy development included a multi-year iterative process to ask the public and
communities we serve for their advice (see Appendix 1). We held several virtual and in-person meetings, solicited
comments via our website, and provided presentations at engagement events. We received input from individuals and
11 The U.S. Federal Government has specific guidelines for relationships with federally recognized tribes. This Equity and Environmental Justice
Strategy does not revise or impact that responsibility in any way. See Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments), which directs federal agencies to "have an accountable process to ensure meaningful and timely input by Tribal officials in the
development of regulatory policies that have Tribal implications." See also NOAA Procedures for Government -to -Government Consultation with
Federally Recognized Indian Tribes and Alaska Native Corporations, which guides NCAA Fisheries' work with federally recognized tribes.
12 Informed by Bennett et al., 2021. Blue growth and blue justice: Ten risks and solutions for the ocean economy. Marine Policy, 125.
13 Informed by Bennett et al., 2021. Blue growth and blue justice: Ten risks and solutions for the ocean economy. Marine Policy, 125.
14 Known informally as NOAA Fisheries, the official name of the agency in legislation and regulations is the National Marine Fisheries Service
(NMFS).
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 10 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
organizations representing fishing, aquaculture, and seafood processing sectors; tribal governments; state and territory
governments; commercial, subsistence, recreational, and artisanal fishermen; non-governmental organizations; regional
fishery management councils and advisory bodies; living marine resource consumers; academics; other federal agencies;
and other members of the public. We learned that while NOAA Fisheries' work has incorporated elements of EEJ and
made some improvements, our efforts to date have not been coordinated and have not always met the scope,
magnitude, and duration of the challenges facing underserved communities, and some shared that our policies and
actions may have contributed to current inequities and injustices. This strategy will guide us to identify and address
challenges moving forward.
EEJ is a cross -cutting issue that impacts everything we do and intersects with other NOAA Fisheries priorities such as
diversity and inclusion within our workforce.15 While EEJ is primarily focused on delivering equitable services to the
communities we serve, successful implementation of this strategy will depend, in part, on continued progress toward
creating a diverse and inclusive NOAA Fisheries workforce.
NOAA identifies climate change as an EEJ issue because its impacts are unevenly experienced across the nation. Long-
standing socioeconomic inequities can make underserved communities, who often have the highest exposure to hazards
and the fewest resources to respond, more vulnerable. Fishing communities may be especially vulnerable to sea level
rise, increased storm events, displacement, accumulated effects from multiple disasters, loss of catch abundance and
diversity, and the resulting impacts to their local economy."
Implementation of this strategy requires the participation of the entire NOAA Fisheries workforce, across all program
offices, regional offices, and science centers. Detailed activities will be outlined in implementation plans. While there is
much we can do with existing staffing and resources, additional funds or resources would be needed over time to
monitor and make significant progress toward many of the EEJ goals and objectives outlined in this strategy. This will
take time and adaptation. NOAA Fisheries is committed to working with all of our communities to serve them in a more
equitable and environmentally just manner.
NOAH Fisheries' Stewardship Mission
NOAA Fisheries is responsible for the stewardship of the nation's ocean resources and their habitats. Backed by robust
science, NOAA Fisheries provides vital services for the nation, including ensuring productive and sustainable fisheries,
safe sources of seafood, conservation and recovery of protected resources, and ecosystem protection and restoration.
NOAA Fisheries' work directly impacts the economic opportunities, health, and environment of many communities—
including underserved communities.
Policy Mandates for Equity and Environmental Justice
Government programs and policies can play a large role in advancing environmental justice and the equitable
distribution of benefits to individuals, families, businesses, and communities. Recognizing this, federal agencies are
evaluating their approach to providing services so that the needs of underserved communities are included. This has
been further encouraged and specified by EOs that have been issued to promote EEJ within the Federal Government.
16 As described in the NOAA Fisheries Diversity and Inclusion Strategic Plan.
16 As described in the NOAA Fisheries' Climate Science Strategy Five Year Progress Report (2021).
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 11 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Signed in 2023, EO 14096 (Revitalizing Our Nation's Commitment to Environmental Justice for All) advances
environmental justice for all through
meaningful engagement and collaboration with underserved and overburdened communities to address the
adverse [environmental] conditions they experience and ensure they do not face additional disproportionate
burdens or underinvestment.
Also signed in 2023, EO 14091 (Further Advancing Racial Equity and Support for Underserved Communities Through the
Federal Government) extends and strengthens equity -advancing requirements for agencies to
advance an ambitious, whole -of -government approach to racial equity and support for underserved communities
and to continuously embed equity into all aspects of Federal decision-making.
Signed in 2021, EO 13985 (Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government) states
...the Federal Government should pursue a comprehensive approach to advancing equity for all, including people
of color and others who have been historically underserved, marginalized, and adversely affected by persistent
poverty and inequality. Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the
responsibility of the whole of our Government. Because advancing equity requires a systematic approach to
embedding fairness in decision-making processes, executive departments and agencies (agencies) must
recognize and work to redress inequities in their policies and programs that serve as barriers to equal
opportunity.
Also signed in 2021, EO 14008 (Tackling the Climate Crisis at Home and Abroad) directs federal agencies to
make achieving environmental justice part of their missions by developing programs, policies, and activities to
address the disproportionately high and adverse human health, environmental, climate -related and other
cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such
impacts.
The White House Environmental Justice Advisory Council was established under Executive Order 14008. The EJ Advisory
Council recommends that each agency create an EJ Scorecard to track regulatory impacts on and benefits to
disadvantaged communities. EJ Scorecard recommendations include: evaluating access to and distribution of benefits;
tracking federal funding; establishing iterative and bidirectional feedback; engaging agency staff; documenting potential
burdens; and identifying short- and long-term goals.
EO 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations),
signed in 1994, directs each federal agency, "[tjo the greatest extent practicable and permitted by law..." to identify and
address, as appropriate, the disproportionately high and adverse human health or environmental effects of their
programs, policies, and activities on minority and low-income populations.
The Department of Commerce Equity Action Plan (2022) lays the foundation for programming and policies that will
reach a larger and more diverse audience and address key barriers to economic success for historically underserved
communities. The goals of the plan include: making services, science, and data more accessible to underserved
communities; ensuring that benefits and funding advance racial equity and support underserved communities; and
providing economic opportunities for underserved communities by institutionalizing equity in the long term. These goals
require systems to collect quantitative and qualitative data to measure progress on equity and a more diverse, inclusive,
equitable, and accessible workplace.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 12 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
The 2012 Department of Commerce (DOC) Environmental Justice Strategy notes that, as the custodian of extensive
environmental data, NOAA is uniquely equipped to assess "the potential ... disproportionate and adverse environmental
impacts on low-income and minority populations." In addition, it notes that NOAA Fisheries studies the impact of
climate change on NOAA Fisheries' trust resources, including fisheries, ESA and MMPA species, and their associated
habitats. NOAA Fisheries has key data resources for understanding how those climate -induced changes to our resources
will specifically impact underserved/minority/tribal populations. The DOC Environmental Justice Strategy (2012) outlined
the following "Guiding Environmental Justice Principles":
• The public should be afforded meaningful opportunities to participate in the formulation, design and execution
of Departmental programs, policies and activities.
• Tribes should, on a government -to -government basis, be afforded regular and meaningful consultation and
collaboration opportunities in the development of Department policies that have Tribal implications (see
Executive Order 13175).
• All populations should share in (and are not excluded from) benefits of Departmental programs, policies and
activities affecting human health or the environment.
• No populations should be affected in a disproportionately high and adverse manner by agency programs,
policies or activities affecting human health or the environment.
• The Department will engage in environmental justice activities in a transparent and accountable manner.
In addition to these policy mandates, EEJ is also encouraged and prioritized under a number of federal statutes that
govern NOAA Fisheries' work with some underserved communities (described in detail in Appendix 2). Provisions of
these laws either explicitly encourage EEJ or allow NOAA Fisheries to address EEJ at our discretion in conformance with
our existing authorities in our planning, policies, and regulations as we fulfill our conservation and management
mandates. NOAA Fisheries strives to make decision-making processes accessible and transparent to communities such
that they can understand and engage in federal decisions that could impact them.
Barriers to Equity and Environmental Justice
As stewards of the nation's ocean resources and habitats, NOAA Fisheries' work affects underserved communities
dependent on marine ecosystems for environmental, economic, social, and cultural well-being. Underserved
communities experience barriers to fair treatment and meaningful involvement in NOAA Fisheries' work, some of which
stem from our own policies and practices. The barriers faced by underserved communities are often interrelated but
vary by community history, characteristics, and need. Below, we have identified some common barriers but
acknowledge there are likely many more.
1. Unawareness of underserved communities
The first barrier to EEJ within NOAA Fisheries is that we have not fully identified the underserved communities that are
impacted by our work. This affects those whom NOAA Fisheries serves, who are engaged in communications, who
research and monitoring programs are tailored for, who are impacted by management decisions, and who receive
services. Without recognition of underserved communities, their needs cannot be documented or addressed.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 13 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
2. Structural barriers
Underserved communities may face structural barriers (e.g., laws, regulations, and policies) that impact equitable access
to resources and/or NOAA Fisheries services. For example, criteria for allocation of resources may be based on historical
ownership or access, creating services for the largest number of people, or generating the greatest net benefits, which
may exclude underserved communities. Inequitable political representation can also lead to marginalization of
communities, such as those in U.S. territories. In addition, some territorial residents may be excluded from grant and
scholarship opportunities because they are not recognized as U.S. citizens.
3. Barriers to engagement and accessing services
Underserved communities can experience barriers to engaging in and accessing NOAA Fisheries' services due to
disabilities and cultural and language differences. Many underserved communities are geographically isolated, and the
capability to attend NOAA meetings may be prohibitive due to venues, times, travel costs, and family responsibilities.
Virtual and hybrid meetings have increased meeting accessibility for many, but limitations in internet access in some
communities still perpetuates access barriers. Such impediments may be further complicated by climate change,
wherein storm events or other natural disasters impede access directly or disable the infrastructure used to access
services, such as roads and the internet. Furthermore, mandates, protocols, and meeting dynamics may feel
unwelcoming; follow unfamiliar norms and procedures; not include language translation and interpretation where
appropriate; and be counter to cultural decision-making, allocation, and resource use practices of some underserved
communities. For example, some underserved communities, such as indigenous or Native American societies, prioritize
equity, the sharing of resources, and preservation for future generations, which can be at odds with Western
management strategies. In addition, institutional distrust can serve as a barrier to engagement and access by
underserved communities who may have experienced generations of inequitable treatment and harm by government
agencies.
4. System complexity
The complexity of accessing and understanding federal services and the system can inhibit inclusion of communities,
especially those who have not previously received such services. Application systems for grants or permits may be
difficult to navigate and require specialized knowledge. The development of fishery regulations through the regional
fishery management councils can be complex and take considerable time; it can be challenging for underserved
communities to meaningfully engage in the process. Additionally the fisheries science and management system has not
incorporated indigenous knowledge (I1K)17 into this process, which could perpetuate distrust of an already complex and
daunting system.18
S. Gaps in expertise
Our ability to identify, characterize, assess impacts, and serve all communities equitably requires prioritizing research
conducted by, and staff capacity of, anthropologists, sociologists, geographers, economists, and interdisciplinary social
scientists, who are limited in number. Similarly, the number of education and outreach staff is limited and they do not
have the resources to engage with all communities on all issues. Other barriers to engagement and trust building with
underserved communities include gaps in staff with cultural and language literacy that are located in or closer to
underserved communities. Not only is more engagement needed, but staff also could benefit from listening and learning
17Guidancefor Federal Departments and Agencies on Indigenous Knowledge provided by the White House.
18 Guidance for including IK into federal decision making is provided by the Office of Science and Technology Policy and Council on Environmental
Quality Memorandum on Indigenous Traditional Ecological Knowledge and Federal Decision Making and NOAA Fisheries and National Ocean
Service Guidance and Best Practices for Engaging and Incorporating Traditional Ecological Knowledge in Decision -Making.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries 10
Page 14 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
from underserved communities and potentially making use of their expertise and IK. In addition, there is the potential
that underserved communities may not have the expertise needed to take part in the complex scientific, economic, and
legal considerations of the fishery management process.
6. Gaps in representation
Underserved communities are not well represented in the NOAA Fisheries workforce, leading to the lack of awareness
discussed above and crucial gaps in perspectives. Staff may unconsciously prioritize their own communities because of
familiarity, easy access, and pre-existing communication paths. Similarly, while we do not collect demographic data,
underserved communities seem to be underrepresented on regional fishery management councils and other
committees and advisory bodies that provide recommendations to NOAA Fisheries.
NOAA Fisheries' Approach to EEJ
To address the barriers faced by underserved communities, NOAA Fisheries developed a framework that includes
overarching goals and a series of both short- and long-term actions spread across the six EEJ core areas and objectives to
achieve those goals (Table 1). These goals and objectives interact to create the capacity and accountability processes
necessary to advance EEJ within the agency, as encouraged in the DOC Equity Action Plan.
Table 1. NOAA Fisheries' three overarching goals and six core areas and objectives
Prioritize identification, equitable treatment,
and meaningful involvement of underserved Provide equitable Prioritize EEJ in our
delivery of services. mission work with demonstrable progress.
communities.
Core Areas and Objectives
Empowering Environment:
Provide the institutional support, including training and resources, needed to implement multiple EEJ approaches at
NOAA Fisheries. Internal leadership and management will identify EEJ as priorities and encourage staff to consider EEJ in
every aspect of their work.
Policy and Plans:
Ensure that our policies
promote equal opportunities
for all and do not create
unintended inequities or
unequal burdens for
underserved communities.
Research and Outreach and Benefits: Inclusive
Monitoring:
Engagement:
Distribute benefits
Governance:
Identify underserved
Build relationships with
equitably among
Enable the meaningful
communities and their
underserved communities
communities by
involvement of
needs, conduct
to better understand their
increasing the access to
underserved
collaborative
engagement preferences,
opportunities for
communities in
research, and assess
and improve information
underserved
decision-making
impacts of
sharing with all
communities
processes.
management
communities.
decisions.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 15 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
To achieve these goals and objectives, each geographic region (e.g., Southeast, Pacific Islands, etc.) and national
program (e.g., Office of Protected Resources, Office of Habitat Conservation, etc.) will create an EEJ implementation plan
that is consistent with applicable law, specific and responsive to the needs of underserved communities, and allows for
their input. Each program, science center, and regional office will set EEJ as Priority Areas or milestones in annual
strategic planning starting in 2023. National program offices will coordinate with regional offices and science centers to
establish ownership for shared goals. Implementation plans will include metrics describing activities that incorporate or
advance EEJ principles, and progress will be publicly reported annually. To track progress toward our goals, NOAA
Fisheries will evaluate these annual reports using an EEJ Scorecard that includes the metrics recommended by the White
House EJ Advisory Council (e.g., access to and distribution of benefits and funding, feedback from underserved
communities, tracking of federal funding, staff engagement, and documentation of regulatory burdens).
In the sections below, we explain each objective and its role in NOAA Fisheries' commitment to EEJ and provide guiding
questions to consider when developing regional or programmatic plans for NOAA Fisheries' day-to-day work. Many of
these questions demonstrate the need for additional EEJ work in a particular area. These needs are reflected in a
summary of short- and long-term actions, metrics, and resources needed to implement each objective (Tables 2-7). The
tables are meant to provide a range of examples that could be relevant, however not all will be relevant to each national
program or geographic region. While there is much we can do with existing staffing and resources, additional funds or
resources would be needed over time to make significant progress toward many of the objectives outlined in this
strategy. These EEJ metrics will be updated if further guidance is provided by the White House E1 Advisory Council, DOC,
and/or NOAA.
Empowering Environment
Objective: Provide the institutional support, including training and resources,
needed to implement multiple EEJ approaches at NOAA Fisheries. Internal
leadership and management will identify EEJ as priorities and encourage staff to
consider EEJ in every aspect of their work.
Barriers Addressed: Gaps in Expertise, Gaps in Representation
To implement this strategy, it is imperative that leadership and management create an empowering environment. This
means identifying EEJ as a priority by enabling employees to meaningfully integrate EEJ considerations into their day-to-
day work and supporting this through increasing expertise on EEJ within the NOAA Fisheries workforce. It will also
require dedicating adequate long-term staff and resources to achieve the goals of the strategy at both the national and
regional levels. An empowering environment will enable NOAA Fisheries to recognize and integrate underserved
communities in the decision-making process and ensure fairness in the distribution of benefits and harms of
management decisions19 to the extent consistent with applicable law. As stated by the White House EJ Advisory Council,
"Agency and administrative professional culture should encourage and incentivize staff to reflect and share lessons
learned." This will also be supported by a multiscale approach including the continued work of the national NOAA
Fisheries EEJ Working Group, as well as regional EEJ working groups to develop regionally specific plans.
19 Informed by Bennett et al., 2021. Blue growth and blue justice: Ten risks and solutions for the ocean economy. Marine Policy, 125.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
12
Page 16 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Basic needs shared across multiple objectives include:
• EEJ training
• Staff time
• Staff expertise
• Community liaisons
• Demographic data collection, analysis, and reporting
• Collaboration with other agencies
• Language translation services
Guiding Questions
• How can NOAA Fisheries' leadership and workforce better reflect the diversity of the communities we serve?
• How should we diversify the disciplinary expertise necessary for addressing EEJ in our work?
• Are staff given adequate time, resources, training, and guidance to incorporate EEJ into their work?
• What accountability structures does NOAA Fisheries need, e.g., monitoring and evaluation of EEJ metrics and
the incorporation of EEJ work into performance plans?
• What data and resources do staff need to identify underserved communities impacted by their work, as well as
the training and tools needed to promote EEJ in that work and evaluate the success of EEJ efforts?
Table 2: Empowering Environment: Actions, Metrics, and Resources Needed
1. Hire a national EEJ coordinator. • Coordinator hired
2. Leadership at every level communicates • Number of offices with an EEJ
about EEJ to staff and prioritizes EEJ in milestone
NCAA Fisheries strategic plans and annual • Percentage of milestones reached
priorities documents.
• Leadership support
• Additional funding
to hire EEJ
coordinator
• Leadership support
• EEJ training
3. At every organizational level, include EEJ
• Percentage of applicable
• Leadership support
collateral duty roles in the performance
staff/contracts with EEJ included in
• Suggested
plans of applicable staff, including time
performance plans and work
performance plan
needed for training, relationship building,
statements
language
and metrics for accountability.
• Distribution of EEJ focused work
across pay bands/leadership levels
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
13
Page 17 of 87
NOAA Fisheries I Equity and Environmental Justice Strategy
4. Include EEJ collateral duty roles in the • Percentage of applicable contracts
performance work statements of contracts with EEJ included in performance
with work that interfaces with external work statements
audiences, including metrics for
accountability.
5. Provide engaging and meaningful training
opportunities targeted at staff and
leadership to help build a shared
understanding of the concepts of EEJ and
how to implement these concepts in their
work and evaluate the success of EEJ efforts
(such as provided via the Environmental
Protection Agency's "Environmental Justice
Learning Center").
6. Support continuation of the NOAA
Fisheries national EEJ Working Group, with
representation from each sub -office. The
Working Group should continue to meet to
share information about successful
approaches, collaborate on outreach and
inclusion of common constituencies, and
guide NCAA Fisheries' decision-making.
7. Establish Regional/Program EEJ Working
Groups.
8. Build internal infrastructure for
prioritizing and implementing EEJ across the
suite of NOAA Fisheries activities: create
"field offices" staffed by liaisons (prioritizing
local knowledge, language) to facilitate
relationships, public meetings, research
(social science, climate and biological),
monitoring, etc.
• Number and percentage of staff
trained
• Evaluation of training by participants
• Number of offices represented at
regular meetings
• Number of Regional/Program EEJ
working groups
• Number of field staff with knowledge
of local language and culture
9. Provide training on NOAA Fisheries' EEJ • Number of trainings provided
goals, objectives, and implementation for • Feedback from trainees on their
regional fishery management councils and efficacy
regional and international advisory body
members.
10. Provide facilitation training to staff that • Number of trainings provided
is specifically focused on interfacing with • Feedback from trainees on their
underserved communities. efficacy
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
• Leadership, project
officer, and
contracting staff
support
• Suggested language
• EEJ training
materials and/or
funds for trainer
• Current staff time
• Staff time
• Staff time
• Additional funding
to hire community
liaisons
• Additional funding
to establish field
offices
• EEJ training
• Staff time
• Staff time
• EEJ training
14
Page 18 of 87
NOAA Fisheries I Equity and Environmental Justice Strategy
11. Mandatory training for all grant • Number and percentage of grant
reviewers on how to mitigate the types of reviewers trained
bias that may disadvantage underserved
communities when reviewing applications.
AGENDA ITEM #2.a.
• Staff time
• EEJ training
12. Engage with other federal and state
• Number of EEJ interactions with other
• Staff time
agencies to increase the scope and impact
agencies
of NOAA Fisheries' EEJ goals and objectives.
13. Hire community liaisons who possess • Number of field staff with knowledge • Additional funding
local expertise such as familiarity with of local language and culture to hire community
cultural protocols and ability to speak the liaisons
local language. • Additional funding
to establish field
offices
• EEJ training
Policy and Plans
Objective: Ensure that our policies promote equal opportunities for all and do not
create unintended inequities or unequal burdens for underserved communities.
Barriers Addressed: Structural
NOAA Fisheries issues policies, strategies, and regulations to implement its mission as authorized by, and based on
requirements of, laws enacted by Congress. Entrenched and long-standing disparities in public policies have denied
equal opportunity to some individuals and communities. To the extent permitted by applicable law, NOAA Fisheries will
systematically consider EEJ in policy and planning activities to reduce barriers to inclusion and institutionalize equity for
the long term. This includes considering the impacts and responsiveness of NCAA Fisheries' programs to underserved
communities.
Guiding Questions
• How can NCAA Fisheries better include equity for underserved communities in policies and internal guidance?
• How will NCAA Fisheries review existing policies and procedures with EEJ lenses so that they may be refined or
revised to achieve more equitable outcomes?
• How can NCAA Fisheries design or revise policies and procedures in a way that ensures that they are helpful and
clear to underserved communities?
• How can NOAA Fisheries further incorporate into its policies and procedures relevant language, customs, and IK,
consistent with statutory requirements (e.g., best scientific information available standard under MSA)?
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
15
Page 19 of 87
NOAA Fisheries I Equity and Environmental Justice Strategy
Table 3: Policy and Plans: Actions, Metrics, and Resources Needed
1. Issue guidance on how new NOAA
Fisheries policies and plans can consider EEJ
objectives and possibly incorporate IK.
Guidance could include providing
opportunities for engagement of
underserved communities during the
development process, and monitoring and
reporting on EEJ outcomes during the
implementation process.
2. Issue guidance that during the periodic
review and updating of each NOAA Fisheries
directive in the Policy Directive System, as
relevant, the review includes: accessibility
(including but not limited to 508
compliance), clear messaging for a broad
audience as well as underserved
communities impacted by the directive,
language, customs, and IK.
3. For those policies and internal guidance
that are not included in the Policy Directive
System, conduct a review to determine
whether revisions may be necessary to
advance EEJ in NCAA Fisheries' actions and
programs.
4. Develop programs, policies, and activities
to address the disproportionately high and
adverse effects of climate change and other
cumulative environmental impacts on
underserved communities. This includes
potential impacts on food security, as well as
other economic, social, and cultural impacts.
• Percentage of new policies and plans
including EEJ objectives
• Percentage of new policies and plans
including appropriate ways for EEJ
outcomes to be monitored and
reported
• Community engagement protocols for
underserved communities into
policies and plans
• Percentage of applicable PDS
directives including EEJ considerations
• Timelines and standards established
for conducting regulatory process
reviews and addressing EEJ in those
processes
• Number of regulatory process reviews
completed
• Number of regulatory processes
updated based on reviews and
measured against pre -established
timelines and standards
• Number of programs, policies, and
activities that address climate change
impacts on underserved communities
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
• Staff time
• EEJ training
• Staff time
• EEJ training
• Staff time
• EEJ training
• Staff time
• EEJ training
W
Page 20 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Research and Monitoring
Objective: Identify underserved communities and their needs, conduct
collaborative research, and assess impacts of management decisions.
Barriers Addressed: Unawareness of Underserved Communities; Gaps in
Expertise; System Complexity
NOAA Fisheries uses the best scientific data and information available to guide and adapt its management decisions.
Research and monitoring encompass the collection and analysis of data in support of NOAA Fisheries' mission across a
broad array of biological, oceanographic, ecological, social, cultural, and economic arenas. They inform NOAA Fisheries'
understanding of 1) the near- and long-term condition of our coastal and marine ecosystems and 2) the identification,
role, and characterization of communities who rely on or interact with those ecosystems.
Research and monitoring are crucial to NOAA Fisheries' EEJ efforts for two main reasons. First, we need social, cultural,
and economic (human) research and monitoring to identify and characterize underserved communities and to
understand how they are affected by NOAA Fisheries' decisions on resources, livelihoods, culture, food security, etc.
Methods to identify underserved communities must be appropriate for a given region, program, or project area. Social
scientists could use, but are not limited to, U.S. Census—based mapping tools, site-specific information from regional
staff, information from project partners and grantees, and community consultation. Identification of underserved
communities and understanding their needs is the first step in achieving our EEJ goals and to address aspects of
recognitional justice. Collecting and analyzing demographic information on the individuals participating in, and affected
by or benefiting from, NOAA Fisheries' programs and management will also be essential to monitoring our EEJ progress.
Any of the above research, monitoring, and data collection would be based on, and consistent with, existing legal
authorities.
Second, EEJ requires meaningful involvement of underserved communities in biological (non -human) research and
monitoring. Meaningful involvement includes early engagement with underserved communities to identify shared
priorities that meet their needs and fulfill NOAA Fisheries' mission. It also includes engagement of underserved
communities during data gathering and reporting. NOAA Fisheries must ensure that its findings and resulting
documentation are transparent and accessible. For example, NOAA Fisheries partners with coastal communities to
identify needs and perform research to understand the impacts of climate change and develop climate resilience plans.
Environmental research and monitoring can also provide meaningful employment to coastal communities. Executive
Order 14008 seeks to create jobs in coastal communities to mitigate climate change, protect and restore coastal
ecosystems (such as wetlands, seagrasses, coral, and oyster reefs and mangrove and kelp forests), protect coastlines,
and support biodiversity and fisheries. Such research and monitoring jobs could create more opportunities for women
and people of color in occupations where they are underrepresented, such as the sciences.
Guiding Questions
• What research do we need to identify underserved communities and assess their needs?
• How can NOAA Fisheries better engage with underserved communities to identify, co -develop, and co -produce
place -based research and monitoring priorities and promote opportunities for citizen science?
• How can we reduce bias in the prioritization of NOAA Fisheries' research to better serve underserved
communities?
• How can NOAA Fisheries expand involvement of members of underserved communities in research and
monitoring projects while ensuring protection of IK?
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
17
Page 21 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
• How will NOAA Fisheries more equitably allocate research and monitoring resources to identify and characterize
underserved communities, understand their needs, and use findings to effectively guide management decisions
that affect them?
• How can NOAA Fisheries more equitably allocate our research and monitoring resources to fisheries, habitat,
and protected species science that directly impact underserved communities?
• How can NOAA Fisheries improve our understanding of the impact of our regulatory actions on underserved
communities?
• Does NOAA Fisheries use best practices for working with communities to integrate IK into research structure,
data collection, and data reporting?
• How can NOAA Fisheries better share research and monitoring results in plain language?
Table 4: Research and Monitoring: Actions, Metrics, and Resources Needed
1. Promote meaningful involvement of
underserved communities throughout the
research process. This includes co -
development and co -production of research
and monitoring for community
characterization and social indicators,
fisheries management, climate change,
aquaculture, protected species, and habitat
protection and restoration. Such co -
development and co -production should
incorporate IK and proceed consistently with
applicable confidentiality of information
requirements.
2. Identify and characterize underserved
communities and underserved fisheries
participants (e.g., subsistence and inland
fishermen, processing plant workers, etc.),
by prioritizing social, cultural, economic, and
• Early engagement of underserved
communities to co -produce research
and monitoring priorities
• Involvement of underserved
community members in the data
collection process
• Reporting of findings to underserved
communities and those who
contributed to the research
• Percentage of projects that
meaningfully involve underserved
community members during
planning, fieldwork, and reporting
• Number of research collaborations
with historically Black colleges and
universities, minority -serving
institutions, tribal colleges, and
community colleges
• Underserved community satisfaction
with the NOAA Fisheries research
and monitoring process
• Number of social, cultural, economic,
and demographic research projects
• Number of projects focusing on
cultural literacy to effectively and
appropriately engage with
underserved communities
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
• Staff time
• EEJ training
• Additional funding
to pay study
participants
• Staff time
• EEJ training
• Approval from Office
of Information and
Regulatory Affairs
—I
18
Page 22 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
demographic research. Include historical and
cultural fishing practices.
• Number of data sources and
research projects characterizing
underserved communities
• Additional funding
to hire new staff
with expertise in
social sciences,
culture, and
languages
3. Analyze the social, cultural, and economic • Number of reports or other • Staff time
impacts of NOAA Fisheries' services and documents that integrate social, • EEJ training
management decisions (e.g., fisheries cultural, and economic impacts to
management, aquaculture, climate change underserved communities
and habitat conservation) on underserved
communities.
4. Include IK in fisheries management, • Number of projects and products
protected resources, aquaculture, habitat, that incorporate IK in their data
climate, and ecosystem -based science, collection and reporting
consistent with statutory requirements (e.g.,
best scientific information available).
5. Increase co -production and co -
development (e.g., meaningful involvement
of fisheries and aquaculture representatives
from underserved communities) in stock
assessments, research, and monitoring, to
the extent consistent with applicable law.
• Diversity and number of fisheries and
marine aquaculture representatives
from underserved communities
taking part in stock assessment
processes
• Number of community data
workshops
• Underserved community satisfaction
with NCAA Fisheries stock
assessment processes
• Current staff time
• EEJ training
• Additional funding
to compensate
community
members providing
IK
• Staff time
• EEJ training
• Additional funding
to compensate for
participation
• Additional funding
to hire community
liaisons
6. Collaborate, co -produce, and co -develop • Number of communities involved in • Staff time
research on the consumption patterns of research
communities who principally rely on marine
resources for subsistence or non -exploitive
values. Communicate to the public the risks
and benefits of those consumption patterns
(as recommended in EOs 12898 and 14096).
7. Conduct an analysis of barriers to entry in • Percentage of fisheries programs for • Staff time
fisheries and marine aquaculture programs which a barrier analysis is conducted
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
19
Page 23 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
(e.g., cost, culture, and management
structure) for underserved communities.
8. Build and share tools and other resources • Number of tools publicly shared • Staff time
to understand how climate change impacts
fisheries, fishing communities, protected
resources, and ecosystems so that
communities are prepared and ready to
adapt
9. Advance and improve territorial fisheries • Number of joint stock assessments • Additional funding
science and management support through co-produced for co -developed
improved assessment and support of local • Number of positions funded and co-produced
fisheries management agencies via co- • Number of projects funded research
developed and co-produced research and
monitoring.
10. Develop protocols for inclusion of IK in
decision-making processes.
11. Expand the Community Social
Vulnerability Indicators Toolbox to include
new metrics that consider environmental
justice, climate change concerns, and racial
equity in underserved coastal communities.
12. Continue to collect input from fishermen,
regional fishery management councils,
advisory committees, scientists, and other
communities on how to make fisheries and
protected resources more resilient to climate
change, including changes in management
and conservation measures, and
improvements in science, monitoring, and
cooperative research, as directed by EO
14008, Sec. 216(c).
Outreach and Engagement
• National protocol
• Number of new metrics
• Staff time
• Staff time
• Additional funding
to purchase data
• Number of underserved • Staff time
communities providing input, • EEJ training
represented in input, or represented
in input
• Number of new ideas
Objective: Build relationships with underserved communities to better understand
their engagement preferences and improve information sharing with all
communities.
Barriers Addressed: Unawareness of Underserved Communities; Barriers to
Engagement and Accessing Services; Gaps in Expertise; Gaps in Representation
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
20
Page 24 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
NOAA Fisheries shares information and builds relationships with the communities it serves through outreach and
engagement, including student education programs, internships, and a variety of communication methods. Engaging in
two-way knowledge sharing is crucial to our success, and we will use input from underserved communities to improve
this process.
Effective outreach and engagement must be highly customized, consistent, long-term, and flexible. They also require
skill, knowledge, and time. NOAA Fisheries can increase coordination and communication with underserved
communities by seeking input from community members, pursuing early engagement, prioritizing cultural literacy,
addressing communication barriers (e.g., interpretation and translation), and building communication plans and
methods that can adapt to emerging needs. For example, we strive to address the climate crisis from planning to
implementation, "with substantive engagement by stakeholders, including State, local, and Tribal governments."20
Through outreach and engagement, NOAA Fisheries intends to better communicate with communities impacted by our
work. We will prioritize new and reinvigorated efforts to work more closely and build stronger relationships with
underserved communities. As recommended by the White House EJ Advisory Council, we will establish iterative
feedback loops to improve our communication methods and employ a common language and framework to ensure
consistency in equitable outreach and education across the entire agency.
Guiding Questions
• Does NOAA Fisheries reach underserved communities through various communication platforms, languages,
and outreach activities? Are those the preferred methods of communication within the community?
• How does NOAA Fisheries actively respond to and use the feedback we receive?
• At an agency level, how can we prioritize outreach and train staff to effectively engage with underserved
communities?
• How can NOAA Fisheries build relationships with underserved communities that allow for two-way
communication and trust?
• What training and resources do staff need to expand NOAA Fisheries' outreach and communication in
underserved communities?
• How can NOAA Fisheries make its communications more accessible and understandable to a diverse audience,
including underserved communities?
20 As stated in EO 14008.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
a
Page 25 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Table 5: Outreach and Engagement: Actions, Metrics, and Resources Needed
Actions
Metrics
Resources Needed
1. Leverage existing information and
• Number of connections to underserved
• Staff time
community ties to engage with
communities
underserved communities.
• Number of updates provided to
underserved communities
• Number of individuals from underserved
communities we reach through agency
communication methods
2. Co -develop communication plans
• Number of new communication plans co-
• Staff time
and strategies for underserved
developed with underserved communities
• Community input
communities.
• Underserved communities effectively
• Additional funds for
reached by new plans
engagement
• Staff training
3. Learn from existing community ties
• Percentage of communication plans and
• Staff time
(e.g., listening and learning sessions
strategies that are responsive to cultural
• Community input
with community members and local
norms and community context
• Additional funds for
organizations) the best methods for
engagement
communication. Share this information
• Staff training
throughout the agency and with
regional fishery management councils
and other advisory bodies, and update
strategies based on new information
or on -the -ground realities. Consider
accessibility in terms of language,
distribution method (in-person, print,
social media, etc.), and cultural
protocols.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
22
Page 26 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Actions
4. Create outreach materials and
Metrics
•
Number of communication products
Resources
•
Needed
Staff time
events that follow the communication
(brochures, media posts, etc.) or outreach
•
Additional funding
plan developed with and for each
events (meetings, presentations,
to hire language
underserved community.
workshops, etc.)
experts for
•
Underserved community satisfaction with
interpretation and
the communication products and outreach
translation
events
•
Additional funding
•
Underserved community awareness of
to hire community
NOAA Fisheries' presence
liaisons
•
Additional funds for
outreach materials
and events
•
EEJ training
•
Use of outreach
funding
5. Create educational programs and
•
Number of education and community
•
Staff time
opportunities, in partnership with Sea
engagement events and products
•
List of current
Grant, NOAA Office of Education, and
(programs, curricula, and activities)
opportunities
external academic institutions, to
targeting underserved communities
•
Funding for
engage underserved communities in
•
Number of underserved
additional
science activities related to NOAA
communities/members that are reached by
opportunities
Fisheries' research, conservation, and
community engagement events and
•
EEJ training
management mission.
products
•
Number of paid internship opportunities for
underserved communities
•
Number of paid interns from underserved
communities
•
Include EEJ considerations in grantee
selection criteria
•
Underserved community participant
satisfaction with education
program/product
6. Support educational programs and
•
Number of members of underserved
•
Staff time
opportunities such as the Marine
communities trained in management
•
Additional funding
Resource Education Program (MREP)
processes
to support existing
to engage underserved communities in
education
management processes.
programs
•
EEJ training
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 27 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Actions
Metrics
Resources
Needed
7. Provide outreach, mentorship, and
•
Development of online application resource
•
Staff time
public -facing online training for
•
Number of public outreach events targeted
•
Coordination with
underserved communities regarding
at underserved communities
NOAA Office of
how to navigate NOAA Fisheries' grant
•
Number of underserved communities
Education and HR
program proposal development and
receiving access to technical expertise and
•
Communications
application process, and the internship
subject matter experts
plan to reach key
and job application process.
audiences
8. Co -create fisheries management and
•
Number of pilot programs created
•
Additional funding
seafood industry pilot
•
Number of participants in pilot programs
for pilot programs
education/training programs with
historically Black colleges and
universities, minority -serving
institutions, tribal colleges, and
community colleges to create
educational and employment
opportunities for underserved
communities.
9. Generate interest in fishing by
•
Development of a targeted program for
•
Additional funding
creating a program for training,
underserved communities
for program
education, outreach, and technical
•
Number of activities funded within that
activities
assistance initiatives involving youth
program
from underserved communities.
10. Explore feasibility of a financial
•
Explore feasibility (legal, financial, etc.) of a
•
Staff time
assistance program for underserved
financial assistance program
•
Additional funding
community members to travel and
•
Number of people provided with financial
for travel
participate in conservation and
assistance
management processes (e.g., advisory
•
Number of new diverse perspectives
committees, panels, working groups).
included in processes
11. Ensure all internships and
•
Number of paid internships and fellowships
•
Additional funding
fellowships are paid.
for internships
12. Engage with coastal communities
•
Number of engagements regarding climate
•
Staff time
threatened and impacted by climate
change
change.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 28 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Benefits
Objective: Distribute benefits equitably by increasing the access to opportunities
for underserved communities.
Barriers Addressed: Barriers to Engagement and Accessing Services; Structural
Barriers; System Complexity
NOAA Fisheries provides benefits to communities through direct investments, disaster assistance, and grant
opportunities for research, habitat conservation and restoration, aquaculture, climate change mitigation, and species
recovery, among others ...... Benefits can also come in the form of data and tools that communities can use to make
decisions. For example, benefits relating to climate change mitigation include funding and tools to build knowledge and
resilience.
As stated in EO 13985, advancing equity creates
...opportunities for the improvement of communities that have been historically underserved, which benefits
everyone. The Federal Government should, consistent with applicable law, allocate resources to address the
historic failure to invest sufficiently, justly, and equally in underserved communities, as well as individuals from
those communities.
As described in the DOC Equity Action Plan, to the extent consistent with applicable law, we will: make services, science,
and data more accessible to underserved communities; ensure that benefits and funding advance racial equity and
support underserved communities; and provide economic opportunities for underserved communities by
institutionalizing equity in the long term. As recommended by the White House EJ Advisory Council, we will evaluate
access to and distribution of benefits and track federal funding. Furthermore, the Justice40 Initiative directs the Federal
Government to deliver at least 40 percent of the overall benefits from federal investments in climate and clean energy
to disadvantaged communities .23 Investments in ecological restoration and community resilience are integral to NOAA's
climate strategy goals to create and foster natural and economic resilience along coasts through our expertise and
robust on -the -ground partnerships and place -based conservation activities.
NOAA Fisheries seeks to examine its policies, criteria, and processes related to the provision of funding and other
benefits to ensure equitable distribution. The key challenges will be to recognize and repair inequities and to identify
new opportunities to deliver benefits to underserved communities.
.. This includes administration of 52 funding and financial service opportunity programs that provide direct and indirect
benefits to communities.
.2 Benefits will also include new funding opportunities under the Infrastructure Investment and Jobs Act, which
allocates, among other things, $400 million "for restoring fish passage by removing in -stream barriers and providing
technical assistance pursuant to section 117 of the Magnuson -Stevens Fishery Conservation and Management
Reauthorization Act of 2006 (16 U.S.C. 1891a), of which up to 15 percent shall be reserved for Indian Tribes or
partnerships of Indian Tribes in conjunction with an institution of higher education, non-profit, commercial (for profit)
organizations, U.S. territories, and state or local governments."
23 The Justice40 Initiative is part of EO 14008.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
25
Page 29 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Guiding Questions
• What barriers do underserved communities face in accessing benefits managed by NOAA Fisheries?
• Do NOAA Fisheries' benefits (such as funding, fisheries allocations, permits, opportunities, services, and
environmental protection and restoration) equitably reach or benefit underserved communities? Consistent
with applicable legal requirements, how can we expand the equity in our delivery of these benefits?
• How can we better serve underserved communities with data and tools NOAA Fisheries provides to the public?
• What accountability structures and processes are needed to ensure equitable delivery of benefits, such as data
collection, on benefit recipients and analysis of that data?
Table 6: Benefits: Actions, Metrics, and Resources Needed
1. Identify and address, to the extent
possible, potential barriers that
underserved communities may face when
accessing NOAA Fisheries' benefits and
services, including agency acquisition and
financial assistance opportunities. To the
extent possible and permitted by applicable
law, identify and address generational
inequities. Work to incorporate EEJ
considerations into all competitive funding
opportunities.
2. Track and report the percentage of
grants, projects, marine resource
allocations, restoration funds, and other
funding going to underserved communities
3. Incorporate EEJ considerations into
decision-making about resource allocations,
to the extent consistent with applicable law.
Considerations could include assessment of
impacts and benefits to underserved
communities and prioritization of actions
that benefit or correct a disparity among
communities.
4. For natural resource damage
assessments, ensure natural resource
injuries (including lost human use, as well as
social, cultural, and economic benefits)
borne by underserved communities are
• Number of staff trained to identify • Staff time
and combat unconscious bias in • EEJ training
funding decisions
• Number of grant/funding/contracting
program selection criteria reviewed
and modified
• Feedback on accessibility of benefits
and services
• Tracking and reporting mechanisms • Staff time
developed • Approval from Office
• Tracking and reporting mechanisms of Information and
used to analyze the allocation of Regulatory Affairs
resources to underserved
communities
• Number of programs that incorporate • Staff time
EEJ into allocation decision-making • EEJ training
• Number of natural resource damage • Staff time
assessment cases with explicit • EEJ training
consideration of natural resource and
human use losses borne by
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
M
Page 30 of 87
NOAA Fisheries I Equity and Environmental Justice Strategy
accounted for and ensure they are
appropriately compensated with
restoration.
5. Increase tribal, state, and territorial
capacity for protected resources
conservation by requesting additional funds
to create jobs and protect species that may
have cultural and subsistence value for
tribes and indigenous communities.
Inclusive Governance
underserved communities and
engagement in restoration planning
• Number of Species Recovery Grants to
Tribes and states with underserved
communities
AGENDA ITEM #2.a.
• Additional funding
Objective: Enable the meaningful involvement of underserved communities in
decision-making processes.
Barriers Addressed: Barriers to Engagement and Accessing Services; Gaps in
Representation; System Complexity; Structural Barriers
Inclusive governance ensures broad and diverse participation in decision-making, such that all communities are equally
welcomed and encouraged to participate. However, members of underserved communities rarely have equal access to
contribute to governance processes. NOAA Fisheries seeks to increase the diversity of voices involved in our processes,
empower community participation, and support cooperative management24 and co -stewardship" efforts wherever
possible.
The decisions NOAA Fisheries makes through its scientific, conservation, and management work impact communities.
Federal rulemaking and other management processes are subject to numerous requirements to ensure transparency
and opportunities for community participation. However, access for underserved communities may be limited by a
number of factors that can present procedural justice barriers. Methods to address procedural justice include not only
the facilitation of participatory management, but also the creation of a participatory culture and environment that
increases perceptions of fairness and supports capacity for underserved communities to engage and access the
mechanisms of the management process.26 It is incumbent upon us to ensure equity in NOAA Fisheries' processes.
NOAA Fisheries works in partnership with regional fishery management councils, advisory bodies, tribes, Alaska Natives,
other indigenous communities,state, territorial, and local government agencies, and numerous other partners to achieve
NOAA Fisheries' mission. Increasing engagement and representation of underserved communities is essential to
successful fulfillment of our mission.
24 Cooperative management refers broadly to a range of resource management relationships and arrangements. See Cooperative Research and
Cooperative Management, NOAA Technical Memorandum NMFS-F/SPO-156 (August 2015). In the United States, the term co -management is often
used with respect to legally defined resource management arrangements between federal and state governments, and specific coastal tribes in
the Northwest, Alaska, and the Great Lakes.
25 See the Joint Secretarial Order on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters.
26 Informed by Bennett et al., 2021. Blue growth and blue justice: Ten risks and solutions for the ocean economy. Marine Policy, 125
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries 27
Page 31 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Guiding Questions
• How can NOAA Fisheries better account for the needs of underserved communities in decision-making?
• What accountability processes and structures are needed for NOAA Fisheries to assess if underserved
community needs are adequately accounted for in decision-making?
• Is the information NOAA Fisheries uses to support decision-making accessible to underserved communities (i.e.,
is the information written in plain language, 508 compliant, translated into appropriate primary languages,
delivered in a preferred platform, etc.)?
• How can underserved communities have equitable access to participate in public meetings (time/travel to in-
person meetings, broadband internet to support remote participation, access to interpreters, etc.)?
• How can NOAA Fisheries ensure that public meetings are inclusive, safe, and welcoming?
• How can NOAA Fisheries facilitate access and involvement of underserved communities during the decision-
making process?
• How can NOAA Fisheries increase representation of underserved communities on regional fishery management
councils and advisory bodies, including international advisory bodies?
Table 7: Inclusive Governance: Actions, Metrics, and Resources Needed
1. Increase and improve opportunities • Number of methods implemented to • EEJ training for staff
for underserved communities to engage increase participation in meetings and advisory body
in the decision-making process, including • Diversity of platforms and methods used members
in public meetings. When hosting to make public meetings accessible to • Staff time
meetings in local communities, support underserved communities . Additional funds for
local businesses for services (e.g.,
meeting spaces, travel, etc.) where
possible and consistent with federal
travel requirements.
2. Encourage increased representation of
underserved communities on regional
fishery management councils, advisory
• Frequency and timeliness of engagement
with community representatives to
ensure communication methods are
effective
• Number of public meetings and other
engagement in underserved
communities and number of attendees
• Percentage of public meeting notices
and documents in languages used by
constituency and with translation and
interpretation services available
• Number of advisory bodies that
implement harassment prevention
policies, training, and codes of conduct
• Data collected to track and report
representation of underserved
communities
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
participants' travel
• Additional funds for
facilities rental,
equipment, supplies,
translation,
interpreters, etc.
• Staff time
• Outreach plan for
new recruits
28
Page 32 of 87
NOAA Fisheries I Equity and Environmental Justice Strategy
bodies, recovery planning teams, and the •
Marine Fisheries Advisory Committee to
facilitate broader participation and
understanding.
3. Create training programs to provide
underserved communities the
information and tools needed to
confidently and productively engage in
fishery (commercial, non-commercial,
recreational, aquaculture) management
decision processes.
4. Establish or improve relationships with
municipal, state, and territorial
governments, other federal agencies,
and non-government organizations in
territories to leverage their community
connections when soliciting public input.
5. Coordinate with municipal, state, and
tribal governments, other federal
agencies, and non-government
organizations on cross -cutting issues that
impact underserved communities, such
as climate change.
6. Continue to honor tribal sovereignty
and the federal trust responsibility.
Strengthen relationships with tribes,
especially in regards to climate change
impacts and fisheries.
7. Co -develop plans to better understand
the priorities and needs of underserved
communities, and how they would prefer
to engage in governance activities.
Include underserved communities, tribal
nations, territorial agencies, non-
governmental organizations, academic
Availability of and satisfaction with
training and educational
resources/materials for underserved
communities
Satisfaction of representatives with their
role in advisory bodies, committees, etc.
• Number of people trained
• Number of regional and national
outreach lists including these groups
• Number of meetings scheduled to brief
government officials in underserved
communities
• Satisfaction of attendees on the
effectiveness of the outreach efforts
AGENDA ITEM #2.a.
• Approval from Office
of Information and
Regulatory Affairs
• Additional funding to
create training
program
• Staff time
• Additional funding to
hire community
liaison
• Additional funding
for travel
• Number of cross -cutting issues affecting • Staff time
underserved communities that are • EEJ training
addressed
• Number of consultations, informal
coordination, or outreach efforts with
tribal nations
• Satisfaction of tribal nations with the
consultation or other outreach process
and outcomes
• Number and diversity of participants
sharing information and contributing to
improved governance strategies for their
communities
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
• Staff time
• Staff time
29
Page 33 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
experts, and regional fishery
management councils.
8. Continue to engage in fisheries and • Number of co -management agreements • Staff time
resource co -management with state • Satisfaction of state and tribal nations
agencies and tribal nations. with the co -management process
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
30
Page 34 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Appendix 1: Synthesis of Public Input
The development of the NCAA Fisheries EEJ Strategy was a multi-year iterative process, which included early community
(i.e., public) input to inform the first draft of the strategy (November 2021), then additional community feedback on the
draft strategy itself (May—September 2022). In this section, we synthesize the comments used to draft and then update
the strategy. We received many comments that were regional or program office specific. While we reviewed those
comments on the draft strategy to inform its finalization, they were also shared with relevant regions or program offices
to consider as they draft their implementation plans.
We solicited comments using several different methods:
• We held eight national virtual meetings (four in November 2021 and four in May 2022).
• We developed a website that included a feature enabling public comment submission electronically.
• We received feedback during presentations to regional fishery management council meetings and agency
advisory bodies (e.g., the Atlantic Highly Migratory Species Advisory Panel).
• We visited American Samoa, Guam, and CNMI (including Saipan, Tinian, and Rota) to conduct in-person
meetings.
• We conducted targeted virtual meetings with key communities in Hawai'i.
We also worked to make the materials more accessible by translating the entire draft strategy into Spanish, and the
executive summary into 10 other languages: Carolinian, Chamorro, Chinese, French, Haitian, Hawaiian, Portuguese,
Samoan, Tagalog, and Vietnamese. We also created a podcast to share the purpose of the NOAA Fisheries EEJ strategy
and made it available online.
Synthesis of Public Comments
We have synthesized public input on the draft strategy. Many of the comments were used to strengthen and improve
the strategy, while others were beyond the scope of this strategy or more relevant to specific programs or regions. In
the latter case the comments were given to those offices to consider in the development of their EEJ implementation
plan.
Feedback area
Feedback synthesis
Response
Strategy framing
Incorporate existing environmental justice
We included more references to resources,
and organization
resources, literature, and equity frameworks.
literature, and frameworks within the introduction
and in other relevant sections, such as Inclusive
Governance.
Acknowledge harms done by NOAA Fisheries.
We added language in the introduction to clarify
that we have been told of the inequities NOAA
Fisheries policies have caused.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
31
Page 35 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Feedback area
Feedback synthesis
Response
Ensure that the link between identified EEJ
The section on barriers was revised to include
barriers and EEJ objectives is clear.
more detail related to each objective, and for each
objective section we identified the barriers
addressed.
More clearly define the barriers to engaging in
Barriers to engaging in the regional fishery
the regional fishery management council process.
management council process include system
complexity and gaps in representation.
Descriptions of these are found in the "Barriers to
Equity and Environmental Justice" section.
Strategy
Have community input into actions and metrics
Further community input will be sought for
development
so that they are responsive to the needs and
regional and program office implementation
priorities of underserved communities.
plans.
Clarify what is done with community feedback
This table was developed to share the public
and make the feedback available to the public.
feedback and how it was incorporated.
Strategy
Assess EEJ progress through monitoring and
Actions and metrics are identified across all core
implementation
evaluation on an ongoing basis across all target
areas in the national strategy. This
areas.
recommendation has also been sent to program
offices and regions to aid in the development of
their implementation plans.
Use a common framework across agency
NCAA Fisheries program offices and regions will
programs and offices to make implementation
use this national strategy to guide the
consistent.
development of their implementation plans.
Include community input in EEJ implementation
Program offices and regions developed
plans through listening sessions.
engagement plans to gather community input for
implementation plans.
Work with local governments and agencies to
This recommendation has been sent to program
properly implement the EEJ strategy at the
offices and regions to aid in the development of
regional level and support local programs already
their implementation plans.
doing EEJ work with underserved communities.
Identify and communicate the expected benefits
This recommendation has been sent to program
of the EEJ strategy to underserved communities.
offices and regions to aid in the development of
their implementation plans.
EEJ is everyone's job—ensure that
This recommendation has been sent to program
implementation is distributed evenly across
offices and regions to aid in the development of
disciplines and is not the sole burden of
their implementation plans.
underrepresented staff.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 36 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
NOAA Fisheries I Equity and Environmental Justice Strategy
Feedback area I Feedback synthesis I Response
Coordinate EEJ efforts across federal agencies.
Cross -cutting Establish a community or tribal liaison within
topics underserved communities to network and
provide understanding of cultural protocols and
language interpretation.
AGENDA ITEM #2.a.
This has been recognized as a need by NOAA
leadership.
Community, cultural, or tribal liaisons are a cross-
cutting need detailed in "Empowering
Environment" but also listed as a need in the
"Research and Monitoring," "Outreach and
Engagement," and "Inclusive Governance"
sections.
Build a workforce with diverse expertise, with job Gaps in expertise have been identified as a barrier
descriptions and hiring that includes local cultural to EEJ, and detailed in the "Empowering
and linguistic knowledge and practice, and social Environment" and "Research and Monitoring'
science. sections. Creation of job descriptions and hiring
are in Table 2, Action 13, and the need for cultural,
linguistic, and social science expertise is detailed in
Table 4, Action 2.
Increasing EEJ capacity through NOAA Fisheries
workforce training, including cultural awareness
training for staff that interface with underserved
communities, and training on reducing
unconscious biases for grants and application
reviewers.
Place greater value on building lasting
relationships with our partners.
Dedicate funds to implement the National EEJ
Strategy by program offices and regions—the
strategy cannot be carried out by existing staff
time and resources.
Provide early, consistent, and dedicated
engagement.
Institutionalize EEJ so that it persists over time
Internal training is identified as a basic need in the
"Empowering Environment" core area and is
found in Resource Needs of all six core areas.
Environmental Justice trainings are being
coordinated for the NOAA Fisheries workforce
(Table 2, Action 10 and 11, and Table 6, Action 1).
Relationship building and partnerships is a cross-
cutting issue across all six core areas.
The need for resources is written into the
"Empowering Environment" core area, and
"additional funding" is included under "Resources
Needed" in Tables 2, 4, 5, 6, and 7.
The quality of engagement is a cross cutting issue,
included in "Research and Monitoring' (Table 4,
Action 1), "Outreach and Engagement" (Table 5,
Actions 2 and 3), and "Inclusive Governance"
(Table 7, Action 1) sections.
Meaningful integration of EEJ into our day-to-day
work is described in the "Empowering
Environment" core area but is also a cross -cutting
issue found throughout the strategy.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
33
Page 37 of 87
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Feedback area
Feedback synthesis
Response
Better engage historically Black colleges and
Establishing research collaborations and
universities and minority -serving institutions.
education/training programs with historically
Black colleges and universities, minority -serving
institutions, tribal colleges, and community
colleges is described in the "Research and
Monitoring" (Table 4, Action 1) and "Outreach and
Engagement" (Table 5, Action 8) sections.
Provide training to partners to help them build
Training is identified in the "Empowering
capacity.
Environment" core area and includes training of
partners (Table 2, Action 9). The "Outreach and
Engagement" core area also specifies different
types of external training in Table 5, Action 7, 8,
and 9, and education in Action 5, 6, 8, and 9.
Include links to climate change as a cross -cutting
We have included climate change considerations
issue.
throughout the strategy.
Have metrics that measure outcomes, not just
We have reviewed all metrics and where possible
input.
made them outcome -oriented.
Empowering
Ensure EEJ policies apply to contractors and
We are looking into this further.
Environment
grantees.
Have a national point of contact for the national
Hiring a national EEJ coordinator is a top priority
EEJ strategy.
described in the "Empowering Environment" core
area (Table 2, Action 1).
Prioritize EEJ at all levels of the agency.
Leadership at every level is prioritizing EEJ as
described in the "Empowering Environment" core
area (Table 2, Action 2 and 3).
Budget paid staff time for relationship building,
EEJ duties, including time for training and
and incorporate EEJ training and work into
relationship building, are described in the
performance plans or contracts.
"Empowering Environment" core area (Table 2,
Action 3 and 4).
Minimize disturbance from frequent federal staff
This is important to the "Empowering
turnover.
Environment" core area, but we believe this issue
is best addressed by DEIA initiatives.
Consider employment pathways and pipelines to
This is important to the "Empowering
create a diverse workforce.
Environment" core area, but we believe these
issues are best addressed by DEIA initiatives.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 38 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Feedback area
Feedback synthesis
Response
Policy and Plans
Include underserved communities in the
We will issue guidance on how to include IK and
policymaking process.
engage communities in the development of
policies and plans (Table 4, Action 1).
Include EEJ objectives in policies and plans linked
We will issue guidance on how to incorporate EEJ
with outcomes metrics that are monitored and
into new policies and plans, including how to
reported.
monitor and report outcomes, as described in the
"Policy and Plans" core area (Table 3, Action 1).
Conduct EEJ analysis of current policies.
Review recommendations for current policies and
guidance documents are described in the "Policy
and Plans" core area (Table 3, Action 3).
There were many suggestions for revision of
Specific policy suggestions were sent to the
specific policies or fisheries management
relevant program office or region so that they may
decisions.
be considered in the implementation plans. The
strategy also states that: "To the extent permitted
by applicable law, NOAA Fisheries will
systematically consider EEJ in policy and planning
activities to reduce barriers to inclusion and
institutionalize equity for the long term."
Research and
Align NOAA Fisheries' research priorities with
Co -development and co -production of research
Monitoring
underserved communities' research priorities.
and monitoring projects is described in the
"Research and Monitoring" core area (Table 4,
Action 1).
Collect survey data that can adequately
Identification and characterization of underserved
characterize people in fishing communities, and
communities, fisheries participants, and fishing
include a focus on underserved communities,
practices is described in the "Research and
underserved fisheries participants, and historical
Monitoring" core area (Table 4, Action 2).
and cultural fishing practices.
Conduct EEJ analysis of current and proposed
Impact analysis of management decisions is
management impacts.
described in the "Research and Monitoring" core
area (Table 4, Action 3).
Work with and compensate local community
Co -production and co -development of research,
leaders.
including for sharing of IK, and compensation is
described in the "Research and Monitoring" core
area (Table 4, Actions 1, 4, and S).
Increase funding for territorial science initiatives
Co -developed and co-produced research and
and invest in local scientific research and
funding in the territories is described in the
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 39 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Feedback area
Feedback synthesis
Response
expertise.
"Research and Monitoring" core area (Table 4,
Action 9).
Outreach and
Strengthen partnerships with academic
Creating new opportunities with Sea Grant, NOAA
Engagement
institutions, Sea Grant, and NOAA Office of
Office of Education, and external academic
Education.
institutions is described in the "Outreach and
Engagement" core area (Table 5, Action 5).
Ensure engagement involves the appropriate
Identifying and implementing the best methods
language and venue; hold in-person meetings
for engagement is described in the "Outreach and
with the public, local government, and fishing
Engagement" core area (Table 5, Actions 3 and 4).
organizations.
Create targeted campaigns to raise awareness of
The creation of targeted programs is described in
NOAA Fisheries' mission and progress.
the "Outreach and Engagement" core area (Table
5, Action 5).
Invest in capacity building for specialized
Capacity building for fisheries training and
workforces based on regional strengths.
education is described in the "Outreach and
Engagement" core area (Table 5, Actions 6-9).
Create a mentor network to support robust
Mentorship and training for grant proposal
proposal writing efforts.
development is described in the "Outreach and
Engagement" core area (Table 5, Action 7).
Invest in K-12 outreach to reach all members of
Fisheries' youth programs are described in the
local communities.
"Outreach and Engagement" core area (Table 5,
Action 9).
Benefits
Include input from underserved communities into
We will engage underserved communities to
funds distribution decision-making.
identify and address the barriers to applying for
and receiving funds (Table 6, Action 1).
Devote funds to distribute to underserved
We will ensure natural resource injuries borne by
communities in the form of compensation for
underserved communities are accounted for and
harms/burdens from policies disproportionately
appropriately compensated with restoration.
impacting vulnerable populations.
Where possible, we will devote and track funds
going to underserved communities (Table 6,
Actions, 2, 3, and 4).
Provide supervision of locally managed funds.
This is one of our responsibilities under the
Federal Grant and Cooperative Agreement Act.
Consider generational equity by looking at
Consideration of generational equity is described
historical, cultural, and traditional participation in
in the "Benefits" core area (Table 6, Action 1).
a fishery and access to resources and associated
impacts to future generations.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 40 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Feedback area
Feedback synthesis
Response
Consider barriers to benefit access such as
Barrier identification and alleviation (to the extent
criteria related to population size, recordkeeping
possible) are described in the "Benefits" core area
burden, and non-commercial fisheries and
(Table 6, Action 1).
marine fisheries.
Conduct EEJ analysis of NOAA Fisheries' benefits
Analysis of benefits distribution is described in the
distribution, such as research funding and grants,
"Benefits" core area (Table 6, Action 2).
and report findings.
Inclusive
Acknowledge the strong role that regional fishery
The importance of the councils has been
Governance
management councils have in the fishery
acknowledged, particularly in the "Inclusive
management process, and the role they play in
Governance" core area.
implementing EEJ.
Dedicate funds to provide to regional fishery
While not limited to FMCS, travel funds for
management councils so that they can provide
underserved community participation was
transportation to underserved communities to
identified as a Resource Need in the "Inclusive
increase participation and solicit membership to
Governance" core area (Table 7, Action 1).
historically underrepresented groups on council
appointments, such as the advisory panels.
Honor tribal sovereignty and the federal trust
We will continue to honor tribal sovereignty and
responsibility.
the federal trust responsibility as described in the
"Inclusive Governance" core area (Table 7, Action
6).
Support the application of co-
We will continue to support co -management of
management/stewardship approaches to fishery
fisheries and other resources as described in the
management, conservation, and the
"Inclusive Governance" core area (Table 7, Action
development of governance capacity within
8).
underserved communities.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
Page 41 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
Appendix 2: NOAA Fisheries Authorities and EEJ
NCAA Fisheries implements programs, policies, and activities under the following laws, which often intersect with EEJ
considerations:
Magnuson -Stevens Fishery Conservation and Management Act
The Magnuson—Stevens Fishery Conservation and Management Act (MSA) creates a public process governing marine
fisheries management in U.S. federal waters with the objectives of preventing overfishing and rebuilding fisheries when
needed. The MSA establishes eight regional fishery management councils to facilitate a constituent -based process for
development of management measures, including fishery management plans, through open public forums. The MSA
describes national standards for the development of fishery management plans, and NCAA Fisheries provides regulatory
guidance on implementation of the 10 national standards for this management. Below, we outline several national
standards with particular relevance to EEJ.
National Standard 1 requires that conservation and management measures prevent overfishing while achieving, on a
continuing basis, the optimum yield (OY) from each fishery for the U.S. fishing industry (16 U.S.C. 1851(a)(1)). OY refers
to an amount of fish that provides the greatest overall benefit to the nation, particularly with respect to food production
and recreational opportunities, and taking into account protection of marine ecosystems; and is prescribed on the basis
of maximum sustainable yield "as reduced by any relevant social, economic, or ecological factor..." 16 U.S.C. 1802(33).
For social factors, the National Standard 1 guidelines provide a non -exhaustive list of potential considerations, fishery -
related indicators, and other factors that may be considered. This list encourages consideration of "...preservation of a
way of life for fishermen and their families, dependence of local communities on a fishery (e.g., involvement in fisheries
and ability to adapt to change),... non -fishery related indicators (e.g., unemployment rates, percent of population below
the poverty level, population density, etc.),...[and] the cultural place of subsistence fishing, obligations under Tribal
treaties, proportions of affected minority and low-income groups, and worldwide nutritional needs" (50 CFR
600.310(e)(3)(iii)(B)(1)).
National Standard 4 requires that allocations be fair and equitable, reasonably calculated to promote conservation, and
carried out to avoid excessive shares (among other considerations). 16 U.S.C. 1851(a)(4). Relevant to EO 13985
(Advancing Racial Equity and Support for Underserved Communities Through the Federal Government), the National
Standard 4 guidelines provide guidance on these requirements and also other factors relevant to the fishery
management plan's objectives that should be considered, such as "economic and social consequences of the scheme,
food production... dependence on the fishery by present participants and coastal communities, ...opportunity for new
participants to enter the fishery..." (50 CFR 600.325(c)(3)(iv)).
National Standard 8 requires conservation and management measures, consistent with MSA conservation requirements,
to take into account the importance of fishery resources to fishing communities by utilizing economic and social data
that are based upon the best scientific information available in order to provide for the sustained participation of such
communities; and to the extent practicable, minimize adverse economic impacts on such communities (16 U.S.C.
1851(a)(8)). When addressing these requirements, the National Standard 8 guidelines provide that both consumptive
and non -consumptive uses of fishery resources should be considered (50 CFR 600.345(c)(4)). "Fishing community" is
defined under the MSA as a "community that is substantially dependent on or substantially engaged in the harvest or
processing of fishery resources to meet social and economic needs, and includes fishing vessel owners, operators, and
crew, and fish processors that are based in such community" (16 U.S.C. 1802(17); see also 50 CFR 600.345(b)(3)). The
National Standard 8 guidelines further explain: "A fishing community is a social or economic group whose members
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries 38
Page 42 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
reside in a specific location and share a common dependency on commercial, recreational, or subsistence fishing or on
directly related fisheries -dependent services and industries (for example, boatyards, ice suppliers, tackle shops)" (50 CFR
600.345(b)(3)). These fishing communities likely overlap in some cases with underserved communities as defined above,
and highlighting potential inequity in fisheries policy decisions in required analyses under National Standard 8 is an
important intersection of our authority and the Executive Orders.
The MSA contains a number of references to specific communities, including tribal governments, native Hawaiian,
Alaska Native, and Western Pacific indigenous communities. As noted in the 2012 Department of Commerce
Environmental Justice Strategy, the MSA recognizes the special role for tribes and other indigenous peoples in the
development and implementation of fisheries policies. For example, the Act stipulates that the Pacific Fishery
Management Council, whose area of responsibility is seaward of California, Oregon, Washington, and Idaho, includes a
voting member who is a representative of an Indian Tribe with federally recognized fishing rights from the region.
Additionally, the MSA authorizes a Western Alaska Community Development Quota Program, whose goals are providing
eligible western Alaska villages with the opportunity to participate and invest in Bering Sea and Aleutian Islands
fisheries, supporting economic development, alleviating poverty and providing economic and social benefits for
residents, and achieving sustainable and diversified local economies (16 U.S.C. 1855(1)(1)). For any fishery under the
authority of the Western Pacific Fishery Management Council, the MSA authorizes the establishment of a Western
Pacific Community Development Program in order to provide access for western Pacific communities that participate in
the program (16 U.S.C. 1855(1)(2)). The goals of this program include promoting the development of social, cultural, and
commercial initiatives that enhance opportunities for western Pacific communities of American Samoa, Guam, Hawai'i,
and the Commonwealth of the Northern Mariana Islands.
There is also a mandate under the MSA to establish a pilot program for regionally based marine education and training
programs in the western Pacific and the northern Pacific to foster understanding, practical use of knowledge (including
Alaskan Native, Native Hawaiian, and other Pacific Islander -based knowledge), and technical expertise relevant to
stewardship of living marine resources. The goal of programs or projects would be to improve communication,
education, and training on marine resource issues and increase scientific education for marine -related professions
among coastal community residents, including Alaskan Natives, Native Hawaiians, and Pacific Islanders such as
Chamorros, Carolinians, and Samoans, and other underrepresented groups in the region (16 U.S.C. 1855(j)).
The eight regional fishery management councils develop fishery management plans for stocks that require conservation
and management in their regions (16 U.S.C. 1852). Councils are required to hold public hearings and conduct meetings
in a public forum. This regional council system enables local -level input into management and provides avenues for
underserved communities to engage. The Secretary of Commerce appoints 72 of the 114 voting members on the eight
councils. These members play an important role in meeting MSA requirements and achieving sustainable fisheries. They
can also play a role in supporting underserved communities, fulfilling NOAA's treaty and tribal trust responsibilities, and
achieving EEJ objectives in fisheries management. Increasing the number of qualified women, people of color, tribal
members, subsistence users, and individuals from historically underserved communities through the annual
appointment process is one way to broaden the viewpoints contributing to fishery management recommendations and
to support inclusive decision-making representative of the diverse fishing communities the councils serve.
Endangered Species Act
The purpose of the Endangered Species Act (ESA) is to conserve threatened and endangered species and the ecosystems
upon which they depend. NOAA Fisheries shares responsibility for implementing the ESA with the U.S. Fish and Wildlife
Service; we are responsible for managing marine and anadromous fishes. The ESA prohibits the "take" (i.e., to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct) of
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries 39
Page 43 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
endangered species, but under certain circumstances, this prohibition does not apply to subsistence take by "any Indian,
Aleut, or Eskimo who is an Alaskan Native who resides in Alaska" or "any non-native permanent resident of an Alaskan
native village" 16 U.S.C. 1538(a); 1539(e).
In June 1997, the Secretary of Commerce and Secretary of the Interior issued a Joint Department of Commerce and
Department of the Interior Secretarial Order American Indian Tribal Rights, Federal Tribal Trust Responsibilities, and the
Endangered Species Act. The Order acknowledges the trust responsibility and treaty obligations of the United States
toward Indian Tribes and tribal members and its government -to -government relationship in dealing with tribes.
Accordingly, the Departments will carry out their responsibilities under the ESA in a manner that harmonizes the federal
trust responsibility to tribes, tribal sovereignty, and statutory missions of the Departments, and that strives to ensure
that Indian Tribes do not bear a disproportionate burden for the conservation of listed species, so as to avoid or
minimize the potential for conflict and confrontation. Section 161 of Public Law 108-199 (188 Stat. 452), as amended by
section 518 of Public Law 108-447 (118 Stat. 3267), directs all federal agencies to consult with Alaska Native
corporations on the same basis as Tribal Nations under EO 13175. Additionally, Secretarial Order 3225, entitled
"Endangered Species Act and Subsistence Uses in Alaska (Supplement to Secretarial Order 3206)" establishes a
consultation framework between NOAA Fisheries and Alaska Natives regarding subsistence take of ESA -listed species
under the Act. Consistent with these orders and consultation policies, we coordinate and consult with affected Tribal
Nations when considering actions under the ESA that may impact tribal trust resources, tribally owned fee lands, or the
exercise of tribal rights.
Fish and Wildlife Coordination Act
Under the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), NOAA Fisheries annually funds Species Recovery
Grants to Federally Recognized Tribes to support tribal management, research, monitoring, and outreach activities that
have direct conservation benefits for species listed under the ESA.
Marine Mammal Protection Act
The Marine Mammal Protection Act of 1972 establishes a national policy to prevent marine mammals from declining
beyond the point where they cease to be significant functional elements of the ecosystems of which they are a part. The
MMPA prohibits the "take" of marine mammals, including the hunting, capturing, collecting, or killing of these animals,
in U.S. waters or on lands subject to the jurisdiction of the United States, with some exceptions. It requires that an
incidental take authorization be obtained for the unintentional "take" of marine mammals incidental to activities
including construction projects. However, under certain circumstances, the MMPA exempts subsistence take by Alaska
Natives (described in 16 U.S.C. 1371(b) as "any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the
coast of the North Pacific Ocean or the Arctic Ocean"); see also 50 CFR 216.3 and 216.23. Additionally, section 119 of the
MMPA allows NOAA Fisheries to establish agreements with Alaska Native Organizations for co -management of marine
mammals harvested for subsistence and cultural purposes. Co -management promotes full and equal participation by
Alaska Natives in decisions affecting the subsistence management of marine mammals (to the maximum extent allowed
by law) as a tool for conserving marine mammal populations in Alaska.
Under applicable circumstances, the MMPA also provides NOAA Fisheries with authority to waive or grant an exemption
to the take prohibition of marine mammals to facilitate the exercise of treaty rights to hunt or fish reserved by federally
recognized treaty tribes. For example, under section 120 of the Act, NOAA Fisheries may authorize the lethal removal of
seals and sea lions having a significant negative impact on ESA -listed salmon on the West Coast. In certain designated
areas, NOAA Fisheries may authorize tribal governments to participate in the removal process. Under section 101(a)(3)
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries 40
Page 44 of 87
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
AGENDA ITEM #2.a.
NOAA Fisheries I Equity and Environmental Justice Strategy
of the MMPA, NOAA Fisheries may consider granting a waiver of the take prohibition to allow a tribe to exercise their
treaty right to engage in a subsistence hunt of healthy populations of marine mammals.
National Environmental Policy Act
The National Environmental Policy Act declares that it is the continuing policy of the Federal Government to use all
practicable means and measures to foster and promote the general welfare, create and maintain conditions under
which humans and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of
present and future generations of Americans, and directs federal agencies to consider the environmental impacts of
their proposed actions prior to making decisions. The Council on Environmental Quality's 1997 Environmental Justice
Guidance under the National Environmental Policy Act highlights the importance of NEPA in identifying environmental
justice issues and offers principles for incorporating environmental justice into NEPA reviews of our proposed actions.
The Federal Interagency Working Group on Environmental Justice established a NEPA Committee in 2012 pursuant to
the Memorandum of Understanding on Environmental Justice and Executive Order 12898 (2011). The Memorandum
identified NEPA as an area of focus for inclusion in the agencies' environmental justice efforts and directed efforts to
"include interagency collaboration." After examining best practices, lessons learned, research, analysis, training,
consultation, and other experiences of federal NEPA practitioners across the Federal Government, the Federal
Interagency Working Group on Environmental Justice produced Promising Practices for EJ Methodologies in NEPA
Reviews (2016) as an informal guide for sharing effective ways to build robust consideration of environmental justice
into NEPA practice. As required under NEPA, many of NOAA Fisheries' actions undergo the environmental review
process.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) provides a
comprehensive group of authorities focused on one main goal: to address any release, or threatened release, of
hazardous substances, pollutants, or contaminants that could endanger human health and/or the environment.
CERCLA's response provisions focus on the protection of human health and the environment. The statute also provides
authority for assessment and restoration of natural resources that have been injured by a hazardous substance release
orresponse.
Oil Pollution Act (OPA)
The Oil Pollution Act of 1990 strives to prevent oil spills from vessels and facilities, enforces removal of spilled oil, and
assigns liability for the cost of cleanup and damages. The Act requires specific operating procedures; defines responsible
parties and financial liability; implements processes for measuring damages; specifies damages for which violators are
liable; and establishes a fund for damages, cleanup, and removal costs. It gives NOAA and others the authority to
address impacts to natural resources caused by oil spills and to take actions to respond to or prevent an oil spill.
U.S. Department of Commerce I National Oceanic and Atmospheric Administration I NOAA Fisheries
National Oceanic and Atmospheric Administration (NOAA) Fisheries Equity ...
41
Page 45 of 87
NOAA Fisheries
Equity and Environmental J
Usti
Kodiak Borough Meeting�
June 27, 202
Amilee Wilson, Mabel Baldwin -Schaeffer and Maggie
Mooney-Seus�
z
v
0
W
NEWS
NOAA Fisheries Releases Final Equity and Environmental
CD
Justice Strategy
n
May 22; 2023
v
Q N 0 AA
Agency to incorporate equity and environmental justice into the vital services we provide to all communities.
D
Feature Story National
fisheries
CD
More Information
National
> Final Equity and Environmental Justice
Q
Strategy (PDF, 41 pages)
3E E J
> Final Equity and Environmental Justice
�•
Strategy—Spanish (PDF, 41 pages)
t r a t e g y
Recent News
VIDEO
/n1
Climate Change Marine Y J
(�I
and
ChAnimals: A Conservation
Challenge m
allenge
National
O
FEATURE STORY n
Celebrating Seaweed by the
CD
Seashore = y
C
Cn
$ g NOAR►
FISHERIES
.- e-iu-e . euee-
'Ll . ... #r.P,2e
-ee 4,t if *q 64 Pric 44u i a istr2tie,. I ,. jii &,21 ,,. ri i- 'i - bEN.
v
0
v
CID
v
v
a
a
0
U)
zT
Strategy and
IMplementation
73
U
v
O
CD
Cn
M
�NOAA Fisheries
Equity and
Environmental
Justice Strategy
L IV
L
Internal Input
PIR EEJ AK EEJ
Plan Plan SE EEJ
Plan
WCR EE1 NE EEJ Habitat
Plan Plan EEJ Plan
Sustainable Science Protected
Fisheries and Tech Resources
Plan Plan Plan G)
rn
At 2 Z
O o
n
External Input M
ONOARk
`l' FISHERS
z
v
0
v
O
C)
m
v
C7
v
Q
a
What is
CD
Q
Ocean
5 -Eq u ity?
0
CD
Cn
m
W. n
-450
WCs
n
G)
m
z
0
n
M
NOAH
�l FISHERFAS
Al
O
0
v
v
Q
D
0
W
Linderserved
0
Communities
3
v
D
0
Cn
M
• Women and girls;
• Black, Latino, and Indigenous and
Native American persons, Asian
Americans and Pacific Islanders, and
other persons of color;
• Religious minorities;
• LGBTQ+ persons;
• Persons with disabilities;
• Subsistence fisheries
• Processors
• Crew
• Persons in rural or urban areas;
• Persons otherwise adversely affected
by persistent poverty or inequality
3
NOA k'
_: FISHERFS
110 8,, EEJ in the
FISHERIES Alaska Region
f
�!„
E �❑
.1 A
i
z
v
0
v
O
C)
m
v
v
Q
a
0
W
]EEJ Core
Areas
M
U
v
0
Cn
M
Inclusive
Governance
0
Benefits
f
a
r= Policy and Plans
� O
RON1W
= Research and
Monitoring
IN
Outreach and Z
Engagement �
n
m
NOARk
M�r FISHERFAS
EMPOWERING ENVIRONMENT
ire community liaisons
pport local partners
POLICY & PLANS
onsider disproportionate and cumulative
urden of fishing regulations
RESEARCH
easure social and cultural impacts
ncorporate LKTK
pport co -production of science
ENGAGEMENT
• Meet communities where they are
• Increase two way communication
BENEFITS
• Remove inequitable bar
to federal funding and
opportunities
INCLUSIVE GOVERNANCE
• Engage communities throughout
the decision making process M
Be transparent
nORR
Page 8 U.S. Department of Commerce I National Oceanic and Atmospheric Administration I National Marine Fisheries Service
on
E FI
W
ErYgagement
Phase 1
v
Q
D
1
EFA
v
ErTgagement
P se 2
0
W
M
* Begin conversations
on
o Preferred methods
o Best season/timing
o Best locations
o Best ways to solicit feedback
Include initial feedback in Draft Plan by April 1, 2024
* Expand conversations
o Hold Hub meetings in key
locations
o Gather community feedback
o Compile/document EEJ
concerns
n
G)
M
z
0
n
Incorporate additional feedback in Alaska Implementation Plan by y
December 31, 2024
NOAH
�l FISHERFAS
:un'� t?io .a MR. r�' no �i::��'�a �� :r:: on�i;ai _0.; - .: „,'
Questions & Discussion
OWe hope to learn from you...
v
CD
v
• How can we improve science and
management for sustainable fisheries,
Cn Cnprotected resources, and marine
O
ecosystems to better serve communities?
D
Q
• What types of information regarding our
science and management are you
0
D interested in receiving from us?
• How can we best provide that information
�
CD
C to you (e.g., emails, publications,
CD presentations)?
M
n
m
0
n
m
`� NOARk
FISHER S
"D.
M
V
O
We would like to hear from you!
EEJ feedback form link:
https://fog i i i,,�,.uic/D7xEsSmf5UvmzCDB8
Available now:
Contact AKRO Tribal Relations Coordinator
• Amilee Wilson: amilee.wilson(D_noaa.gov, 907-732-7099
Contact AFSC Communications Program Manager
• Maggie Mooney-Seus: marjorie.mooney-
seus _noaa.gov, 774-392-4865
Contact AFSC Tribal Research Coordinator
• Mabel Baldwin -Schaeffer: mabel.baldwin-
schaeffer(a-)-noaa.gov, 907-354-6838
n
G)
m
0
n
m
NOAA
N ,
FISHERFAS
m
O
IN
G)
rri
O
Mt NOARk
FISHERF2S
AGENDA ITEM #2.b.
KODIAK ISLAND BOROUGH
STAFF REPORT
JUNE 25, 2024
ASSEMBLY WORK SESSION
SUBJECT: Salonie Creek Rifle Range Lease Discussion
ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support
RECOMMENDATION:
DISCUSSION:
The Assembly recently failed to pass Resolution No. FY2024-16 authorizing the disposal by
lease of the Salonie Creek Rifle Range to the Kodiak Island Sportsman's Association (KISA)
due to concerns related to specific language included in the proposed lease. Staff has met
with KISA Board of Directors President, Pat Anderson, to discuss the concerns related to
weapon limitations and the requirement of a lead management plan.
ALTERNATIVES:
FISCAL IMPACT:
OTHER INFORMATION:
A representative from KISA will be available at this meeting to respond to any questions that
may be brought forward.
Kodiak Island Borough Page 58 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
Salonie Creek Rifle Range
GROUND LEASE
As authorized by Resolution No. of the Kodiak Island Borough, this Lease is made
and executed on 20 , by and between Kodiak Island Borough (KIB), a
municipal corporation, 710 Mill Bay Road, Kodiak, Alaska 99615 and Kodiak Island
Sportsman's Association (KISA), a non-profit corporation organized and existing under the
laws of the State of Alaska, Post Office Box 1098, Kodiak, Alaska 99615.
I. Preamble.
KIB and KISA have worked together cooperatively to develop and maintain a
professionally operated and financially self-sufficient shooting range for the benefit of the
citizens of the Kodiak Island Borough since 1992.
II. Demise, Description and Use of Premises.
KIB leases to KISA and KISA takes from KIB, for the purpose of conducting the
business of a shooting range the surface estate of those certain premises, situated in the Kodiak
Island Borough, Alaska, and more particularly described as follows:
Tract A Rifle Range; Lot 9, U.S. Survey 2539, according to plat
of dependent resurvey and subdivision thereof, accepted July 13,
1982 in the Kodiak Recording District, Third Judicial District,
State of Alaska, excepting therefrom the subsurface estate, and all
rights, privileges, immunities and appurtenances, of whatsoever
nature, accruing unto said estate pursuant to the Alaska Native
Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794;
USC 1601, 1613 (f) (1976)) and as conveyed in patent to Koniag,
Inc., recorded January 10, 1986 in Book 78 at Page 43; comprising
687.92 acres; and
Tract B Caretakers Site; That portion within the Northwest 1/4 of
Section 6, Township 29 South, Range 20 West, Seward Meridian,
Kodiak, Alaska with a Point of Beginning at the intersection of the
Chiniak Highway Right of Way and the West boundary of the
existing access road to Salonie Creek, thence South along the
meander of the West boundary of the access road 660', thence due
West 330', thence due North 660', to the Southerly edge of the
Chiniak Highway Right of Way, then East along the meander of
the right of way to the Point of Beginning, containing 5 acres more
or less.
KIB-KISA Salonie Creek Range Lease — Page 1 of 16
Page 59 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
As used herein, the term "premises" refers to the surface estate of this real property and
to any improvements located on it from time to time during the term of this Lease. KISA
acknowledges that KIB has no ownership or other interest in the sub -surface estate of the
Premises.
KISA's use of the Premises shall be limited to the purpose of developing and operating a
shooting range, and normal uses customarily included in that activity such as firearms safety
education and training, and for no other purpose. KIB understands that KISA may desire to use
the Premises for other purposes regularly or intermittently. However, before using the Premises
for any other purposes, KISA must obtain the express written consent from KIB. KIB agrees not
to unreasonably withhold its consent provided the goal of this Lease as described in the preamble
is promoted by the additional uses.
III. Term.
A. The initial term of this Lease shall be for five (5) years, commencing on
, and ending on . As used herein, the expression "term
hereof' refers to such initial term and to any renewal of it as provided in this Lease.
B. Tenant shall have the option to extend the initial term of lease up to four (4)
additional five (5) year periods. Tenant may exercise this option by providing written
notification to Landlord at lease sixty (60) days prior to the effective date of termination of this
Lease Agreement or any extension thereof.
C. The parties may mutually agree to earlier termination of this Lease at any time.
D. Emergency termination. The KIB reserves the right in case of emergency to
immediately terminate this Lease and take possession of the Premises. If the KIB exercises this
right, it assumes all obligations under any grants that KISA has obtained due to this Lease. In
addition, KISA will not be required to return the Premises to its original condition if the KIB
exercises this right.
IV. Rent.
Subject to adjustment as provided below, the rent for the term of this Lease shall be FIVE
HUNDRED DOLLARS ($500.00) per year, payable in advance on the first day of each year plus
the value of KISA's in-kind contributions.
The annual rent due shall be reviewed and adjusted by the KIB manager at the end of
every five-year term or whenever the agreement is amended or extended. Based on the original
date of the Lease agreement, periodic reviews will occur on or about , and
in five-year increments thereafter. Any changes or adjustments shall be based upon changes in
the appraised fair market value of the land and improvements being leased, excluding landfill
and other improvements placed upon the land by KISA as well as the value of KISA's in-kind
contributions.
KIB-KISA Salonie Creek Range Lease — Page 2 of 16
Page 60 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
If the Lease is terminated because of any breach by KISA, as provided in this Lease, the
rental payment last made by KISA shall be forfeited and retained by KIB as partial or total
damages for the breach.
V. LWCF Grant.
This Lease is subject to all terms and conditions of the Land and Water Conservation
Fund Grant ("LWCF") obtained by KIB for the purchase and operation of the Premises. KISA
shall comply with all terms of the LWCF Grant, including the post -completion responsibilities
attached as Appendix A to this Lease. Without limiting the generality of the foregoing sentence,
KISA shall comply with the following grant requirements:
1. The project site must be operated and maintained in a manner which
encourages public participation.
2. Staffing and servicing must be such as to serve the public and maintain a
clean, safe environment for recreation.
3. Sanitation and sanitary facilities shall be maintained in accordance with
good housekeeping and applicable health standards.
4. Properties, facilities and equipment shall be kept reasonably safe for
public use.
5. All facilities and other improvements shall be kept in reasonable repair
throughout their estimated lifetime to prevent undue deterioration and to encourage public use.
6. The facility shall be kept open for public use at reasonable hours and
times. Restrooms shall be unlocked during normal hours of use.
7. The Premises shall be open to entry and use by all persons, regardless of
race, color, national origin, religion or sex, or who are otherwise eligible.
8. Discrimination on the basis of residence, including preferential
reservation, membership or annual permit systems, is prohibited. Fees charged to non-residents
cannot exceed twice that charged to residents.
9. The Premises must be accessible to and useable by all persons who have a
disability, including mobility, visual, hearing or mental impairments, to the highest degree
feasible. The parties understand that safety is a primary concern. To promote the safe operation
of the shooting range, KISA may place reasonable restrictions on when the facility may be used
by those with visual or mental impairments.
10. The Premises may not be converted to other than public outdoor
recreational uses.
KIB expressly acknowledges that it will be responsible for installation and maintenance
of all signs required to assure compliance with the LWCF grant. KISA expressly acknowledges
KIB-KISA Salonie Creek Range Lease — Page 3 of 16
Page 61 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
that it will be responsible for installation and maintenance of all range markers and general
firearm safety signs.
VI. Uses Prohibited.
A. KISA shall not use, permit the Premises, or any part of the Premises, to be used,
for any purpose other than the purpose or purposes for which the Premises are leased. If the
Premises are devoted to a use other than that for which they are leased without consent of the
KIB Assembly, this Lease automatically terminates. KISA shall also comply with and abide by
all federal, state, borough, municipal, and other governmental statutes, ordinances, laws, and
regulations affecting the Premises, the improvements or any activity or condition on or in the
Premises. KIB and KISA shall coordinate the acquisition of any necessary environmental
permits needed for the operation of the shooting range.
B. Special Use limitations. KISA shall comply with the following special use
limitations unless the KIB consents, in writing, to modify these limitations:
1. KISA shall post the hours of operation for the shooting ranges with a
phone number where a responsible party can be reached. To address the requirements in
Section V, the range shall be open to the general public at a minimum of eight (8) hours per
month.
Tannerite shall not be allowed for use on the site.
3.5. Shooting beyond the boundaries of the range shall not be allowed.
VII. Waste and Nuisance Prohibited, Lead Management Plan Required.
A. During the term of this Lease, KISA shall comply with all applicable laws
affecting the Premises, the breach of which might result in any penalty on K113 or forfeiture of
KIB's title to the Premises. KISA shall not commit, or suffer to committed, any waste on the
Premises, or any nuisance.
B. On or before one year from the date of this agreement, KISA shall develop a Lead
Management Plan based upon the with the Environmental Protection Agency's most current
version of the Best Management Practices for Lead at Outdoor Shooting Ranges (EPA's Best
Practices) to minimize and manage lead contamination of the Premises from this point forward;
and shall submit that plan to the KIB for KISA shall implement the approved plan. If
the plan requires initial lead removal, KISA shall begin an initial lead removal operation on the
KIB-KISA Salonie Creek Range Lease — Page 4 of 16
Page 62 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
Premises within the first eighteen (18) months of Lease signing. Lessee shall refflove all lead
business.ffem the property that exeeeds permissible levels a4 its own expense Utilizing a ElHalified per -so
C. Hazardous Substances. Lessee may use or otherwise handle only those hazardous
substances typically used or handled in the prudent and safe operation of the permitted use
allowed under this Lease. Lessee shall refrain from causing Hazardous Substances, other than
lead, to be spilled, leaked, disposed of, or otherwise released on or under the property. Lessee
may store such Hazardous Substances on the property only in quantities necessary to satisfy
Lessee's reasonably anticipated needs. Lessee shall comply with all Environmental Laws and
exercise the highest degree of care in the use, handling, and storage of Hazardous Substances and
shall take all practicable measures to minimize the quantity and toxicity of Hazardous
Substances used, handled, or stored on the property.
D. The KIB reserves the right to require KISA to post financial security for
environmental cleanup of the site as required by the lead management plan as a condition of
extension of the Lease beyond the initial term. The amount and form of the financial security
must be approved by the Borough Manager.
VIII. Abandonment of Premises.
KISA shall not vacate or abandon the Premises at any time during the term hereof; if
KISA shall abandon, vacate or surrender the Premises, or be dispossessed by process of law, or
otherwise, any personal property belonging to KISA and left on the Premises shall be deemed to
be abandoned, at the option of KIB.
IX. KIB's Right of Entry.
KISA shall permit KIB and the agents and employees of KIB to enter into and upon the
demised Premises at all reasonable times for the purpose of inspecting the same, without any
rebate of rent and without any liability to KISA for any loss of occupation or quiet enjoyment of
the Premises thereby occasioned. KISA shall provide three (3) gate keys to the Kodiak Island
Borough.
X. Use of Material.
KISA shall not sell or remove for use off the Premises any timber, stone, gravel, peat
moss, topsoil, or any other material valuable for building or other commercial purposes,
provided, however, that material may be used only to the extent that KIB could use, if required,
for the development of the leasehold. Any removal of such material from the leasehold shall
require written approval from the KIB Manager and, for instances involving a commercial
quantity, the marker value shall be paid to the KIB or to the owner of the subsurface rights, as
the case may be. Additionally, KISA shall not utilize naturally deposited materials on or off-site
without approval from the KIB Manager.
XI. Subletting and Assignment.
KIB-KISA Salonie Creek Range Lease — Page 5 of 16
Page 63 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
KISA shall not sublet or assign or transfer this Lease, or any interest in it, without the
prior written consent of the KIB Assembly, and a consent to an assignment or sublease shall not
be deemed to be a consent to any subsequent assignment or sublease. Any such assignment or
sublease without such consent shall be void, and shall, at the option of KIB, terminate this Lease.
Neither this Lease nor the leasehold estate of KISA nor any interest of KISA hereunder in the
Premises or any building or improvements on the Premises shall be subject to involuntary
assignment, transfer, or sale, or to assignment, transfer, or sale by operation of law in any
manner whatsoever, and any such attempted involuntary assignment, transfer, or sale shall be
void and of no effect and shall, at the option of KIB, terminate this Lease.
XII. Notices.
All notices, demands, or other writings in this Lease provided to be given or made or
sent, or which may be given or made or sent, by either party hereto the other, shall be deemed to
have been fully given or made or sent when made in writing and deposited in the United States
mail, registered and postage prepaid, and addressed as follows:
To KIB:
Kodiak Island Borough
Attention: Borough Manager
710 Mill Bay Road
Kodiak, Alaska 99615
To KISA:
Kodiak Island Sportsman's Association
Attention: President
Post Office Box 1098
Kodiak, Alaska 99615
XIII. Taxes and Assessments.
A. Taxes as Additional Rental. As additional rental hereunder, KISA shall pay and
discharge as they become due, promptly and before delinquency, all taxes, assessments, rates,
charges, license fees, municipal liens, levies, or excises, whether general or special, or ordinary
or extraordinary, of every name, nature and kind whatsoever, including all governmental charges
of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed, or
which may become a lien or charge on or against the Premises, or any part of the Premises, the
leasehold of KISA herein, any building or buildings, or any other improvements now or hereafter
thereon, or on or against KISA's estate hereby created which may be a subject of taxation, or on
or against KIB by reason if its ownership of the surface estate underlying this Lease, during the
entire term hereof, excepting only those taxes hereinafter specifically excepted.
B. Contesting Taxes. If KISA shall in good faith desire to contest the validity or
amount of any tax, assessment, levy, or other governmental charge herein agreed to be paid by
KISA, KISA shall be permitted to do so, and to defer payment of such tax or charge, the validity
or amount of which KISA is so contesting, until final determination of the contest, on giving to
KIB-KISA Salonie Creek Range Lease — Page 6 of 16
Page 64 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
KIB written notice thereof prior to the commencement of any such contest, which shall be at
least thirty (30) days prior to delinquency.
C. Disposition of Rebates. All rebates on account of such taxes, rates, levies,
charges, or assessments required to be paid and paid by KISA under the provisions hereof shall
belong to KISA, and KIB will, on the request of KISA, execute any receipts, assignments, or
other acquittances that may be necessary in the Premises in order to secure the recovery of any
such rebates, and will pay over to KISA any such rebates that may be received by KIB.
D. Receipts. KISA shall obtain and deliver receipts or duplicate receipts for all
taxes, assessments, and other items required hereunder to be paid by KISA, promptly on
payment thereof.
XIV. Construction of Buildings and Other Improvements.
Prior to constructing, altering, improving, charging or placing any buildings or
improvements on the Premises, KISA shall, at KISA's sole expense, prepare plans and
specifications describing the proposed work. Such plans and specifications shall be submitted to
KIB for KIB's written approval or any revisions required by KIB. KIB shall not unreasonably
withhold such approval. In the document approving the plans and specifications, KIB shall
specify the time within which work is to commence and the time within which the work is to be
completed. In the event KIB does not approve the plans and specifications, KIB shall give to
KISA an itemized statement of reasons. For purposes of the paragraph the term "buildings and
improvements" includes, by example and not limitation, buildings to be moved to or erected on
the Premises which shall provide for and support a shooting range, range improvements, public
restrooms, and access for handicapped shooters. KISA shall be responsible for compliance with
any applicable laws and to obtain any permits required for work under this section.
KISA shall not undertake any culvert removal and/or replacement without prior written
approval by KIB. KIB shall not unreasonably withhold such approval.
KISA shall not perform any excavation within wetlands on the range site without
notifying KIB and obtaining all regulatory permits that such work requires.
XV. Repairs of Improvements.
A. KISA acknowledges that it will have the possession of the Premises and will be in
the best position to assure that the Premises and improvements are well maintained. Therefore,
KISA shall, throughout the terms of this Lease, keep and maintain the Premises, including all
buildings and improvements of every kind which may be on the Premises, and all appurtenances
to those buildings and improvements, including adjacent sidewalks, in good, sanitary, and neat
order, condition and repair, and, except as specifically provided herein, restore and rehabilitate
any improvements of any kind which may be destroyed or damaged by fire, casualty, or any
other cause whatsoever except damage caused by KIB's agents which exercising KIB's right of
entry (Paragraph IX, above) and right of way (Paragraph XXVIII, below). While KISA is a non-
KIB-KISA Salonie Creek Range Lease — Page 7 of 16
Page 65 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
profit volunteer organization, it is expected to use the Premises in such a manner to generate
adequate revenue to provide funds for routine maintenance.
B. KIB shall not be obligated to make any repairs, replacements, or renewals of any
kind, nature, or description, whatsoever to the Premises or any buildings or improvements on the
Premises, except damage caused by KIB's agents while exercising KIB's right of entry
(Paragraph IX, above) and right of way (Paragraph XXVIII, below).
XVI. Utilities.
KISA shall fully and promptly pay for all water, gas, heat, light, power, telephone
service, and other public utilities of every kind furnished to the Premises throughout the term of
this Lease, and all other costs and expenses of every kind whatsoever of or in connection with
the use, operation, and maintenance of the Premises and all activities conducted thereon, and
KIB shall have no responsibility of any kind for any of these costs or expenses.
XVII. Liens.
KISA shall keep all and every part of the Premises and all buildings and other
improvements at any time located on the Premises free and clear of any and all mechanics',
materialmen, and other liens for or arising out of or in connection with:
1. work or labor done, services performed, or materials or appliances use or
furnished for or in connection with any operations of KISA; or
2. any alteration, improvement, or repairs or additions which KISA may
make or permit or cause to be made, or any work or construction, by, for, or permitted by KISA
on or about the Premises; or
any obligations of any kind incurred by KISA.
KISA shall, at all times, promptly and fully pay and discharge any and all claims on
which any lien may or could be based, and to indemnify KIB and all of the Premises and all
buildings and improvements on the Premises against all such liens and claims of liens and suits
or other proceedings.
XVIII. Indemnification of HIB.
KIB shall not be liable for any loss, injury, death, or damage to persons or property which
at any time may be suffered or sustained by KISA or by any person whosoever may at any time
be using or occupying or visiting the demised Premises or be in, on, or about the same, whether
such loss, injury, death, or damage shall be caused by or in any way result from or arise out of
any act, omission, or negligence of KISA or of any occupant, subtenant, visitor, or user of any
portion of the Premises, or shall result from or be caused by any other matter or thing whether of
the same kind as or of a different kind than the matters or things above set forth, and KISA shall
defend and indemnify KIB against all claims, liability, loss, or damage whatsoever on account of
KIB-KISA Salonie Creek Range Lease — Page 8 of 16
Page 66 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
any such loss, injury, death, or damage except loss, injury, death or damage caused by right of
way (Paragraph XIX, below). KISA hereby waives all claims against KIB for damages to the
building and improvements that are now on or hereafter placed or built on the Premises and to
the property of KISA in, on, or about the Premises, and for injuries to persons or property in or
about the Premises, for any cause arising at any time except loss, injury, death or damage caused
by KIB's agents while exercising KIB's right of entry (Paragraph IX, above) and right of way
(Paragraph XXVIII, below).
XIX. Attorneys' Fees.
If any action at law or in equity shall be brought for or on account of any breach of, or to
enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery
of the possession of the demised Premises, the prevailing party shall be entitled to recover from
the other party as part of the prevailing party's costs a reasonable attorneys' fee, the amount of
which shall be fixed by the court and shall be made a part of any judgment or decree rendered.
XX. Redelivery of Premises.
KISA shall pay all sums required to be paid by KISA hereunder in the amounts, at the
times, and in the manner provided in this Lease, and shall keep and perform all the terms and
conditions of this Lease on its part to be kept and performed, and, at the expiration or sooner
termination of this Lease, peaceably and quietly quit and surrender to KIB the Premises in good
order and condition subject to the other provisions of this Lease. In the event of the non-
performance by KISA, of any of the covenants of KISA undertaken herein, this Lease may be
terminated as herein provided.
XXI. Remedies Cumulative.
All remedies hereinbefore and hereafter conferred on KIB shall be deemed cumulative
and no one exclusive of the other, or of any other remedy conferred by law.
XXII. Insurance.
A. Insurance Coverage of Premises. KISA shall, at all times during the term of this
Lease and at KISA's sole expense, keep all improvements which are now or hereafter a part of
the Premises insured against loss or damage by fire and extended coverage hazards for one
hundred percent (100%) of the full replacement value of such improvements, with loss payable
to KIB and KISA as their interests may appear. Any loss adjustment shall require the written
consent of both KIB and KISA.
B. General Liability Insurance. KISA shall maintain in effect throughout the term of
this Lease liability insurance covering the Premises and its appurtenances in the amount of Two
Million Dollars ($2,000,000.00) for injury to or death of any person or persons in one
occurrence, and property damage liability insurance in the amount of One Million Dollars
($1,000,000.00). Such insurance shall specifically insure KISA against all liability assumed by it
hereunder, as well as liability imposed by law, and shall insure both KIB and KISA but shall be
KIB-KISA Salonie Creek Range Lease — Page 9 of 16
Page 67 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
so endorsed as to create the same liability on the part of the insurer as though separate policies
had been written for KIB and KISA.
C. Proof of Insurance. KISA shall provide a copy of its insurer's Certificate of
Insurance upon each renewal or change of insurance coverage.
E. Cost of Insurance Deemed Additional Rental. The cost of insurance required to
be carried by KISA in this section shall be deemed to be additional rent hereunder.
XXIII. Prohibition of Involuntary Assignment; Effect of Bankruptcy, or Insolvency.
A. Prohibition of Involuntary Assignment. Neither this Lease nor the leasehold
estate of KISA nor any interest of KISA hereunder in the Premises or in the buildings or
improvements on the Premises shall be subject to involuntary assignment, transfer, or sale, or to
assignment, transfer, or sale by operation of law in any manner whatsoever (except through
statutory merger or consolidation, or devise) and any such attempt at involuntary assignment,
transfer, or sale shall be voice and of no effect.
B. Effect of Bankruptcy. Without limiting the generality of the provisions of the
preceding sub -paragraph (a) of this paragraph, KISA agrees that in the event any proceedings
under the Bankruptcy Act or any amendment thereto be commenced by or against KISA, and, if
against KISA, such proceedings shall not be dismissed before either an adjudication in
bankruptcy or the confirmation of a composition, arrangement, or plan or reorganization, or in
the event KISA is adjudged insolvent or makes an assignment for the benefit of its creditors, or if
a receiver is appointed in any proceeding or action to which KISA is a party, with authority to
take possession or control of the Premises or the business conducted thereon by KISA, and such
receiver is not discharged within a period of thirty (30) days after his appointment, any such
event or any involuntary assignment prohibited by the provisions of the preceding sub -paragraph
(a) of this paragraph shall be deemed to constitute a breach of this Lease by KISA and shall, at
the election of KIB, but not otherwise, without notice or entry or other action of KIB terminate
this Lease and also all rights of KISA under this Lease and in and to the Premises and also all
rights of any and all persons claiming under KISA.
XXIV. Notice of Default.
A. Major Defaults. The obligations and responsibilities of KISA as described in
Paragraphs X, XXII and XXIII of this Lease are of major importance to KIB. KISA shall be in
default of its obligations under this Lease if any of the events required by or prohibited by those
paragraphs. Prior to exercising its remedies as described in Paragraph XXV, KIB shall first give
to KISA five (5) days. If KISA does not cure the default, KIB may proceed with its remedies as
described in Paragraph XXV.
B. Default in Payments. KISA shall be in default of its obligations under this Lease
if it fails to pay rent or any other moneys as required by this Lease. Prior to exercising its
remedies as described in Paragraph XXV, KIB shall first give to KISA thirty (30) days written
KIB-KISA Salonie Creek Range Lease — Page 10 of 16
Page 68 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
notice of the default. KISA must cure the default within those thirty (30) days. If KISA does not
sure the default, KIB may proceed with its remedies as described in Paragraph XXV.
C. Other Defaults. KISA shall not be deemed to be in default of any of its other
obligations under this Lease unless KIB shall first give to KISA sixty (60) days written notice of
such default, and KISA fails to cure such default within such sixty-day period. If KISA does not
then cure the default, KIB may proceed with remedies as described in Paragraph XXV. If the
default is of such a nature that it cannot be cured within sixty (60) days, KISA must commence
to cure the default within such period of sixty (60) days and provide KIB in writing, during the
original sixty (60) day notice period, with the date by which default will be cured. If KISA does
not cure the default by that date, KIB may proceed with its remedies as described in Paragraph
XXV.
XXV. KIB's Remedies upon KISA's Default.
A. Re-entry. Subject to the notice requirements of Paragraph XXIV, in the event of
any default or breach of this Lease by KISA, KIB, in addition to the other rights or remedies it
may have, shall have the immediate right of re-entry and may remove all persons and property
from the Premises; such property may be removed and stored in a public warehouse or elsewhere
at the cost of, and for the account of KISA. Should KIB elect to re-enter, as herein provided, or
should it take possession pursuant to legal proceedings or pursuant to any notice provided for by
law, KIB may either terminate this Lease or it may from time to time, without terminating this
Lease, re -let the Premises or any part of the Premises for such term or terms (which may be for a
term extending beyond the term of this Lease) and at such rental or rentals and on such other
terms and conditions as KIB in the sole discretion of KIB may deem advisable with the right to
make alterations and repairs to the Premises.
B. Right to Perform. Alternatively, in the event of any default or breach of this
Lease by KISA and KISA failure to cure as required by Paragraph XXIV, then KIB may, but
shall not be required to, do or perform or cause to be done or performed such act or thing
(entering on the Premises for such purposes, if KIB shall so elect), and KIB shall not be or be
held liable or in any way responsible for any loss, inconvenience, annoyance, or damage
resulting to KISA on account thereof, and KISA shall repay to KIB on demand the entire
expense thereof, including compensation to the agents and employees of KIB. Any act or thing
done by KIB pursuant to the provisions of this section shall not be or be construed as a waiver of
any such default by KISA, or as a waiver of any covenant, term, or condition herein contained or
the performance thereof, or of any other right or remedy of KIB, under this Lease, or otherwise.
C. Interest. All amounts payable by KISA to KIB under any of the provisions of this
Lease, if not paid when the same become due as in this Lease provided, shall bear interest from
the date they become due until paid at the rate of 10.5 percent per annum, compounded annually.
XXVI. Surrender of Lease.
Upon termination of the Lease, the KISA shall peaceable and quietly leave, surrender,
and yield up unto KIB all of the Leased Premises. The voluntary or other surrender of this Lease
KIB-KISA Salonie Creek Range Lease — Page 11 of 16
Page 69 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
by KISA, or a mutual cancellation of the Lease, shall not work a merger, and shall, at the option
of KIB, terminate all or any existing subleases or subtenancies, or may, at the option of KIB,
operate as an assignment to it of any or all such subleases or subtenancies.
XXVII. Disposition of Improvements on Termination of Lease.
A. If the expiring leasehold is not to be re -offered for Lease, the following schedule
shall apply:
1. Subject to Paragraph XXV(A), improvements owned by the KISA shall,
within ninety (90) calendar days after the termination of the Lease, be removed by KISA,
provided such removal will not cause injury or damage to the Premises or improvements, and
further provided that the KIB Manager may extend the time for removing such improvements in
cases where hardship is proven. All periods of time granted KISA to remove improvements are
subject to KISA's paying to the KIB pro rata lease rentals for the period.
2. If any improvements or chattels not owned by KISA which have an
appraised value in excess of five thousand dollars, as determined by the KIB assessor or
appraiser, are not removed within the time allowed, such improvements or chattels shall, upon
thirty (30) days' notice to KISA, be sold at public sale under the direction of the KIB Manager.
The proceeds of the sale shall inure to the KISA if it placed the improvements or chattels on the
Premises, after deducting for KIB's rents due and owing, expenses incurred in making such sale
and any other sums owed to KIB under this Lease. If no responsible bids are received, title to
such improvements or chattels shall vest in the KIB.
3. If any improvements or chattels having an appraised value of five
thousand dollars or less, as determined by the KIB assessor or appraiser, are not removed within
the time allowed, such improvements and chattels shall revert to, and absolute title shall vest in,
the KIB.
B. If the expiring leasehold is to be re -offered for lease or sale within one year of the
Lease termination, and the improvements have been allowed to remain in place, KIB shall state
when re -offering the real property:
1. The estimated value of the authorized improvements remaining on the
land placed there by KISA;
2. That the purchaser or new tenant will be required, as a condition of the
sale or lease, to purchase the improvements from KISA for an amount equal to the value
specified.
XXVIII. Right -Of -Way.
KIB expressly reserves the right to reasonable ingress or egress over and across the
Leased Premises for the purposes of construction, repairing, maintaining, or replacing any utility
or road right-of-way which KIB is authorized to construct or maintain and to grant to itself
KIB-KISA Salonie Creek Range Lease — Page 12 of 16
Page 70 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
reasonable easements over and through the Leased Premises for these purposes. Annual rentals
may be adjusted to compensate KISA for loss of use of the Leased Premises. KIB agrees to
coordinate with KISA to minimize the disruption to KISA's use and enjoyment of the Premises.
This includes co -locating any roads with the road utilized by KISA. To prevent the disruption in
any of KISA's scheduled events, KISA will provide KIB with a schedule of events on a quarterly
basis. KIB agrees that is will not make or allow the use to be made of any rights-of-way during a
KISA scheduled event, except in an emergency situation.
KIB reserves the right to grant easements or rights-of-way over and across leased land if
it is determined in the best interest of the KIB to do so and by doing so the KIB an KISA remain
in compliance with the requirements of the LWCF grant. If KIB grants an easement or right-of-
way across any of the Premises, KISA shall be entitled to damages for all KISA-owned
improvements destroyed or damaged. Damages shall be limited to improvements only, and loss
shall be determined by fair market value. Annual rentals may be adjusted to compensate KISA
for loss of use of the Premises.
XXIX. Waiver.
The waiver by either party of, or the failure of either party to take action with respect to
any breach of any term, covenant, or condition herein contained by the other party shall not be
deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or
any other term, covenant, or condition therein contained. The subsequent acceptance of rent
hereunder by KIB shall not be deemed to be a waiver of any preceding breach by KISA or KIB
of any term, covenant, or condition of this Lease, other than the failure of KISA to pay the
particular rental so accepted, regardless of KIB's knowledge of such preceding breach at the time
of acceptance of such rent. The subsequent payment of rent hereunder by KISA shall not be
deemed to be a waiver of any preceding breach by KIB of any term, covenant, or condition of
this Lease regardless of KISA's knowledge of such preceding breach at the time of payment of
such rent.
XXX. Parties Bound.
The covenants and conditions herein contained shall, subject to the provisions as to
assignment, transfer, and subletting, apply to and bind the successors, administrators, and assigns
of all of the parties hereto; and all of the parties hereto shall be jointly and severally liable
hereunder.
XXXI. Time of the Essence.
Time is of the essence of this Lease, and of each and every covenant, term, condition and
provision hereof.
XXXII. Captions.
The captions of this Lease are for convenience only and are not a part of this Lease and
do not in any way limit or amplify the terms and provisions of this Lease.
KIB-KISA Salonie Creek Range Lease — Page 13 of 16
Page 71 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
XXXIII. Condition of Premises.
KISA acknowledges that it has inspected the Premises and is fully satisfied with the
physical condition of such Premises and any fixtures and improvements located on the Premises.
XXXIV. Quiet Enjoyment.
If KISA is not in default under this Lease, KISA may peacefully enjoy the Premises
during the term of this Lease.
XXXV. Enforceability.
If any part of this Lease is deemed invalid or unenforceable, the balance of this Lease
shall remain effective, absent the unenforceable provision.
XXXVI. Amendment.
No change in this Lease shall be effective unless it is in writing and signed by both KIB
and KISA.
XXXVII. Governing Law.
The laws of the State of Alaska shall govern the interpretation, validity, performance and
enforcement of this Lease. Venue for any action under this Lease shall be in the Third Judicial
District at Kodiak, Alaska.
IN WITNESS WHEREOF, the parties have executed this Lease at Kodiak, Alaska on the
day and year first above written.
Kodiak Island Borough
Aimee Williams, Borough Manager
Attest
Nova M. Javier, MMC, Borough Clerk
Kodiak Island Sportsman's Association
KIB-KISA Salonie Creek Range Lease — Page 14 of 16
Page 72 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
Patrick Anderson, President
KIB-KISA Salonie Creek Range Lease — Page 15 of 16
Page 73 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #2.b.
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on the —day of , 20 , before me, the
undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Aimee Williams, to me known and known to me to be the identical
individual described in and who executed the within and foregoing instrument as Manager of
the Kodiak Island Borough and he acknowledged to me that he signed the same in the name of
and for and on behalf of said municipality, freely and voluntarily and by authority of its
Assembly for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public for State of Alaska
My Commission Expires:
STATE OF ALASKA )
)ss:
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on the day of , 2019, before me, the
undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn,
personally appeared Patrick Anderson, to me known and known to me to be the identical
individual described in and who executed the within and foregoing instrument as President of
Kodiak Island Sportsman's Association and he acknowledged to me that the same was signed
in the name of and for and on behalf of said corporation, freely and voluntarily and by authority
of its Board of Directors for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year first above written.
Notary Public for State of Alaska
My Commission Expires:
KIB-KISA Salonie Creek Range Lease – Page 16 of 16
Page 74 of 87
Salonie Creek Rifle Range Lease Discussion
AGENDA ITEM #4.a.
Kodiak Island Borough
OFFICE of the MANAGER
TO: Kodiak Island Borough Assembly
FROM: Aimee Williams
RE: Manager's Report, June 25, 2024
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9301
Manager's Department
Kodiak Area Leadership Institute (KALI) — On behalf of KALI, Dorinda Kewan
reached out to invite the KIB Assembly to a lunch and the regional government session
that will tentatively be held from 12:OOPM to 2:30PM on Thursday, September 12tH
After updates from state legislators, there are several topics that have been identified
that KALI is interested in reviewing with Kodiak Island Borough including the Capital
Improvement Project process and the Hazard Mitigation Plan update.
If four or more Assembly members want to attend, KALI is willing to put a "Notice of
Public Meeting" onto their agenda if it is necessary to do so. Please let me know if you
are interested in attending the Fall Forum for this session.
(Please note that the rest of the forum is by invitation only)
Village Outreach — Port Lions requested that our Community Development Department
attend a work session so that they can learn more about the Borough powers and what
they can and cannot do as a on their own as a community. Chris French and Joe
Grochmal attended a Zoom meeting with Port Lions on June 11th. If there are Assembly
members who want to travel to Port Lions to attend a work session, the next opportunity
will be July 9tH
Online Forms — Community Development, Special Projects, and Information
Technology are working on adding a module to our website that would allow for some of
our community development forms to be placed online. This is an important step in
being able to extend KIB powers into the off-road communities.
Page 75 of 87
AGENDA ITEM #4.a.
Emergency Management Training —
• Kodiak Island Borough hosted Texas A&M Engineering Extension Services
(TEEX), Emergency Services Training Institute's MGT -312- Senior Officials
Workshop for All Hazards Preparedness and MGT 340 — Crisis Management on
June 10-11, 2024.
• Participants
o Village Public Safety Officers
■ Port Lions, Akhiok, Ouzinkie, Old Harbor
o Kodiak Area Native Association
o City of Kodiak Police
o Kodiak Fire Department
o Bayside Fire Department
o Woman's Bay Fire Department
o KIB Staff —
■ Manager, Special Projects, Assessor, E&F Director, Environmental
Specialist, Project Manager, Project Assistant, Code Enforcement
Officer
Solid Waste Rates — KIB Staff met with Alaska Waste representatives to go over the
new proposed rates for collection of both residential and commercial customers. Both
parties have decided to extend the FY24 rates into July 2024 to give the 2nd
Amendment to the solid waste contract time to go through the necessary steps to be
approved by the Assembly.
Bells Flats Flooding — The Sargent Creek entrance has continued to see flooding
events during storm surges. KIB is continuing work on the Hydrology Study and has
been in touch with Representative Stutes to see if there is any type of emergency
funding available for this type of situation.
Bayside Awards — Mayor Arndt and I were able to attend the annual awards ceremony
that Bayside Fire puts on. It was held at the Kodiak Marketplace and was a wonderful
testament to both the Chief and the volunteers.
Alaska State Chamber Board — The State Chamber board of directors was in Kodiak
for an outreach trip on June 17th —19tH Mayor Arndt and I both attended the public
reception at the Afognak Center on Monday, June 17tH
E911 — The Finance Director and I met with the City of Kodiak Acting Manager and
Finance Director to discuss a new e911 agreement. We are making progress on finding
an amiable solution to this program.
Current Recruitments —
• General Accountant
Treatment Plant Operator Trainee or Operator — depending on experience.
Temporary Appraiser Technician
Baler Operator I
AGENDA ITEM #4.a.
Community Development
Multi -Jurisdiction Multi -Hazard Mitigation Plan Update — The hazard mitigation
survey closed on June 18, 2024. Community Development staff is working on the first
draft of the hazard mitigation plan update document. Once complete the draft plan
document shall be posted on the borough website for 30 days for public comment.
Planning & Zoning Commission — The Planning & Zoning Commission voted 4 to 1 to
recommend approval of amendments to Title 17 Zoning related to accessory dwelling
units. The ordinance for the code amendment shall be forwarded to the Assembly for
review.
Assessing Department
Field Work — The first round of postcards has been received in the review areas.
Assessing staff will be doing in-person field inspections in Monashka, Bells Flats,
Chiniak, and Pasagshak.
• Properties seen: 131
Tyler Conversion —
• Property cleanup
• Meetings to align all department needs continue
SC/DV exemptions -
0 53 letters for undetermined or no PFD filing were mailed out on May 13, 2024
• 47 of those applicants remain to be determined
Exemptions —
Four new exemption applications were received by the Jan. 15 deadline for 2024
for either non-profit religious or charitable uses. Two (KANA and Calvary Baptist
Church) have been completed and there are two (KCHC and Alutiiq Museum)
remaining.
Additionally, an agricultural deferment exemption was applied for by the May 15
deadline but was returned for an incomplete application. We are working with the
applicant for information.
Engineering and Facilities
Saltery Cove Trail Improvement — Staff has received and is processing the billing from
Island Trails Network for the work performed. Conversations with ITN and local surveyor
have taken place. At this time information specific to the Saltery to Lake Miam portion of
the job are being gathered to assist with the survey with the cooperation of ADF&G.
Page 77 of 87
AGENDA ITEM #4.a.
ADF&G has made a recent trip to Saltery and although they could not inspect the entire
trail sections associated, comment have been made that the areas accessed have
degraded slightly due to recent heavy rain however overall the improvements are intact.
Staff will continue to consult with ADF&G regarding the status of the trail and any
additional work or repair required.
GSA (for NOAA) Fire Inspection — Awaiting the follow up reports from the GSA
representatives specific to the building's fire alarms and sprinkler systems.
HFAB — Hospital Facilities Advisory Board — Meeting to be scheduled. Awaiting
information from PKIMC.
Health Facilities Space Evaluation — This effort has been restarted. Grant due date
has been extended to the end of September 2024.
Providence — Providence has been informed of the decisions made regarding the
automatic transfer switches and chiller components by the ARB. ARB decided to
recommend that Providence more forward to the next level of design and planning.
Solid Waste Contract Committee — The final draft of the 2nd Amendment being
prepared for a presentation to the assembly soon.
Old Mental Health Facility — Sampling results received and reviewed. A item will be
requested to be added to a discussion of the assembly, specific to the path forward will
be required for guidance is required.
Landfill —
KIBSD —
• Project is being presented for the installation of metal platforms and
access to the scale shack and around the scale for safety of the
staff and public.
• ARB has voted to recommend the approval the scale platforms and
the baler wear floor to the assembly.
• Interviews are being conducted for new Landfill staff employees.
Petersen Roof — Job is progressing. Estimate approximately 50 %
completed. Weather has been the determining factor for daily work
progress. Square foot plywood replacement cost has been established.
Approximately 48 square feet of rotten plywood has been encountered,
replaced and repaired. Job site is being inspected several times per day
by E/F Staff.
• Pool Facility — Pool has been reopened to the public. Conversations with
three entities is required to define the larger scope for the repair and
4
AGENDA ITEM #4.a.
replacement of mechanical systems and tile repairs throughout the
system. KIBSD has refilled the pool. Further repairs are to be planned and
discussed. A determination as to how to pay for needed long term repairs
is required.
• E&F Staff is working with the KIBSD Staff and is in discussions regarding
the KIBSD Capital Improvement Project list.
• Parking area sweeping at all schools is nearing annual completion.
Pothole repair and line stripping will be evaluated in the next two weeks.
Leachate Treatment Plant —Staff continues to process as much leachate as the plant
will allow to reduce the stored quantity. Awaiting timing for the delivery of the new
pumps and various items that require replacement due to mis-sizing of the original
pumps.
Long Term Care —
• Contact has been made with the Providence real estate division. R&R discussion
and lease update is being started.
• ADEC has given permission to land spread treated soils at the site. This land
spread will begin tomorrow. One supersack of material left adjacent to the
hospital building will be transported to the site for evaluation.
Finance Department
Annual Audit — Interim audit is progressing.
Property Taxes —
. Real Property: Staff has petitioned the court for a Clerk's Deed to four
unredeemed properties.
• Personal Property: Borough staff is continuing to file small claims
documents with the court for delinquent personal property accounts.
Property Assessment and Taxation Implementation Project — Staff is continuing to
meet with Tyler staff to review business rules and processes and refining final timelines
for project completion.
Digital Budget Project — Staff has begun the implementation of a digital budget book.
This will be effective for the FY2025 budget.
Staffing — We are still advertising for a general accountant position.
IT Department
Security Audit - Working on the Security Audit submission reviews. 36 firms submitted
proposals, which need to be scored by August 1 (new deadline).
AGENDA ITEM #4.a.
Power Outage Protocol - Reviewing and updating KIB's IT power outage procedures --
IT is putting together a step-by-step document that covers how to gracefully shut down
and bring back up the data center and its servers and enterprise storage and
networking. Doc is created — refining steps.
Website - Working with Meagan Christiansen on the www.kodiakak.us website
redesign.
Network Management - Enabling sflow data from our core switches for network
management purposes.
• Identifying current network cabling for an updated logical network diagram.
• Evaluating next steps for old ESXi software out at the landfill as current
version is no longer getting security updates.
Security —
• Running Nessus Scans internally on the KIB network to identify any security
risks.
• Reviewing antivirus software installation coverage.
o Initial scans are in, and IT is reviewing the results.
• Two servers comprise 90% of critical vulnerabilities which are being patched and
updated.
• Refining our departmental security processes to ensure that our assets and
systems and the protections we administer are reviewed in a timely manner.
• Reviewing and testing SIEM and Endpoint Security software for a fit with Kodiak
Island Borough.
Hardware — refreshing 22 laptops for Borough employees and Assembly Members
Software - Reviewing and updating our internet monitoring software.
• Upgrading our backup systems
• Upgrading GIS server software
• Upgrading pfsense firewall software
Domain Migration - Working with Managed Service Provider GCSIT on technical
advice regarding domain migration and exchange upgrade and migration
GIS —
• All street view video taken so far has been uploaded to google for publishing.
Assessing has tasked GIS with reviewing — 7800 property records for
accuracy and updating our GIS data.
AGENDA ITEM #4.a.
o Verify that the legal description is accurate in our records
o Check survey records and plat information for the properties and
update our GIS systems.
• GIS Analyst is studying for his FAA Drone Operating License
Bayside Fire Department
Personnel Activity / Professional Development / Training
Fire Department Personnel continue to work on qualifying new Driver Operators
for apparatus, especially our Tender / water supply apparatus. This includes
work on rural water supply operations.
Members are preparing to attend the Rural Water Supply Course offered by the
Alabama Fire College at the end of the month. Members will return to share their
new skills and help train other members.
Campus Upgrades and Maintenance — Work continues on landscaping and cleaning
up the campus and enhancing the street or curb appeal. This will include ensuring
illegal dumping is not an ongoing problem on the training ground.
"Stuff to Just Make You Happy" — The BFD held an annual awards and appreciation
dinner at the Marketplace.
The
ZA,oe� FOUNDATION
Advancing Waver Safety
AGENDA ITEM #4.a.
KOD(,gk,
GG
Is
OUaeJy`
ZAC Foundation
Water Safety Camp
A�es 5-10
1p
Ba e Kodiak Pool
u
�,
�
den to the community
Learn water safety & various swimming skills
July 22 - 25 ~ 1:00 - 4:00pm
Transportation Provided from KHS
Departure 12:30pm -Return 4:30pm
Re ration Deadline For more information
June 28 �� krystal.a.kenshaWcg.mil
AGENDA ITEM #5.a.
ELECTIONS UPDATE
✓ The following elections are going to be held in 2024:
➢ Tuesday, August 20, Primary Election
➢ Tuesday, October 1, Local Municipal Election
➢ Tuesday, November 5, General Election
✓ Elections training for the Primary and General Elections were held on June 5 and 6.
Local Elections training will be held in September.
.3 1.
✓ Nominating packets are now available. Filing period is from August 1 to August 15.
➢ Printed packets available in the Borough Clerk's Office
➢ Available for download on the Borough website
➢ Incumbents were given/mailed out packets.
➢ Packets sent out to the villages.
✓ Seats coming up for the Local Municipal Election:
➢ Assembly
■ Scott Smiley - 2024
■ James Turner — 2024
School Board
■ Dave Johnson — 2024
■ Judy Carstens — 2024
✓ Dominion Voting Systems representatives were here in Kodiak on June 24-25 and
updated our Voting Equipment to 5.17s.1.
Page 1 of 3 Page 83 of 87
JUNE 25, 2024
RECORDS UPDATE
✓ Records Management Team Meetings
➢ May 16, Topics discussed — Discussion of roles and responsibilities, onboarding for new hire,
and training calendar.
➢ June 18, Topics discussed — Records overview, records transfer process, and Laserfiche
overview.
➢ Next meeting — July 15 or 16
✓ Records Requests Received for FY2024 - 26
➢ Currently Pending - 2
✓ Records Retention Update
➢ The following are ready to go on the agenda: CDD updates and Assessing updates.
➢ Revising the retention on Contracts series
✓ Contracts destruction pending due to changes to the Contracts series.
ASSEMBLY AGENDA ITEM REQUESTS
✓ Implementation of new code — revised forms are now available on the dais. Forms were
also emailed to the Assembly.
✓ See tracking spreadsheet attached.
BUDGETS AS OF June 25, 2024
✓ Legislative Budget — FY2024 at 82%
✓ Clerk's Office Budget — FY2024 at 83%
EVENTS CALENDAR
✓ July 11-16, NACoAnnual Conference, Florida
✓ August 13-15, 2024 AML Summer Legislative Conference, Kodiak
✓ December 9-13, Annual AML Local Government Conference, Anchorage
LEAVE
Reporting
Absences
Page 2 of 3
KIBC 2.25.070
No member of the Assembly may absent himself from any regular or special
meetings of the assembly except for good cause. An assembly member who
is unable to attend a meeting SHALL ADVISE THE CLERK OR THE MAYOR of
the contemplated absence.
Page 84 of 87
AGENDA ITEM #5.a.
PENDING BOARD APPLICATIONS
✓ Kimberly Olson — Solid Waste Advisory Board
✓ Tracy Craig — Planning and Zoning Commission (City Seat)
✓ Lands Committee Appointments
✓ Notice of Vacancies - Applications are being accepted for the following Board, Committee,
and Commission seats that are currently vacant:
■ Architectural and Engineering Review Board/Building Code Board of Appeals — 1 Seat
■ Board of Equalization — 1 Alternate Seat
■ Bayview Service Area Board — 2 Seats
■ Monashka Bay Road Service Area Board — 3 Seats
■ Parks and Recreation Committee —1 Seat
■ Planning and Zoning Commission —1 City Seat
■ Solid Waste Advisory Board — 1 At -Large Seat and 1 Retail Business Representative
Seat
■ Kodiak Fisheries Development Association — Borough Appointees — Crab Harvester — 1
Seat and Crab Processors Representative — 1 Seat
STAFF TRAINING
✓ June 16-21, Professional Development III
Attendee: Assistant Clerk
✓ April to June (online series), Records & Information Management Webinar - Building a
Retention Schedule
✓ Attendee: Deputy Clerk
✓ June 10-13, Professional Development IV
Attendee: Deputy Clerk
✓ Quarterly Safety Training for Borough Employees
MISCELLANEOUS
✓ Draft of 2025 Assembly Annual Calendar is complete.
✓ Liquor License Renewal — Sizzler/Peking Restaurant. May end up lodging a protest.
Working with the Borough attorney and staff.
✓ Will hold a couple of iCompass Agenda Management Training to staff members
Page 3 of 3 Page 85 of 87
Tracking for Agenda Item Request Forms
60 days
No.
Requestor
Submitted on
Description
deadhne
Scheduled on
comments
Land Disposal for residential development
15
Whiteside
6/11/2024
Preferred meeting date requested: 06/25/24
8/10/2024
14
Investment Strategy
Waived by
Griffin
6/6/2024
Preferred meeting date: 09/12/24
ORDINANCE NO. FY2024-17 ADOPTED
requestor
ON MAY 16,
2024
Revision to KIBC 2.125.030 - ARB Code
Pending recommendation from
13
Sharratt
2/1/2024
Revisions
02/08/2024
ARB
Introduction of ordinance to amend KIBC
12
Sharratt &
3.55.010 - Management and Account and
Whiteside
11/9/2023
3.55.090 - Transient Accomodations
*TBS
Remove development of CIP from P&Z
11
Smiley
10/19/2023
Authority
10
Griffin
8/21/2023
Service Area Road Maintenance & Snow
*TBS
Removal Contracts
9
Griffin
8/21/2023
Manager's Spending Authority on Enterprise
12/21/2023
Ordinance FY2024-13- authority
Funds
changed from $25, 000 to $50, 000
8
Griffin
8/21/2023
Hospital Facilities Repair and Renewal
2/29/2024
7
Sharratt
8/17/2023
Land Disposal with enhancement to local
buyers
6
Sharratt
8/17/2023
Transfer Station & Requirements for recycling
2/29/2024
5
Sharratt
8/10/2023
Limiting Air B&B
2/29/2024
4
Turner
8/3/2023
Change of Agenda - Citizens Comments - in
12/21/2023
Mayor would like to leave the
room/on phone
format as -is
3
Sharratt
7/20/2023
Opening Borough owned lands to auction
*TBS
2
Turner
7/20/2023
KIBC 3.35.030 (D) Waiver may only be
12/21/2023
To continue discussion at a later
00
ranted fora year
date
1 o
Turner
7/20/2023
Debate Time Limits
12/21/2023
ADOPTED, VETOED
be
Scheduled
Meeting Type:
KODIAK ISLAND BOROUGH
Assembly Work Session
AGENDA ITEM #9.a.
Date: Jy of 2. , A
Please PKIN I vour name leaibly Phone number
CCA
Page 87 of 87