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S. HRG. 111–827 

NOMINATIONS TO THE U.S. COAST GUARD, 

THE DEPARTMENT OF COMMERCE, 

THE NATIONAL TRANSPORTATION SAFETY 

BOARD, THE MARINE MAMMAL COMMISSION, 

AND THE AMTRAK BOARD OF DIRECTORS 

HEARING 

BEFORE THE

COMMITTEE ON COMMERCE, 

SCIENCE, AND TRANSPORTATION 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

SECOND SESSION 

MARCH 18, 2010 

Printed for the use of the Committee on Commerce, Science, and Transportation 

( 

(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS 

SECOND SESSION 

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas, Ranking 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE S. LEMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN L. DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

BRUCE H. ANDREWS, General Counsel 

ANN BEGEMAN, Acting Republican Staff Director 

BRIAN M. HENDRICKS, Republican General Counsel 

NICK ROSSI, Republican Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on March 18, 2010 ............................................................................ 1 

Statement of Senator Cantwell .............................................................................. 1 

Statement of Senator Kerry .................................................................................... 2 

Statement of Senator Snowe ................................................................................... 4 

Prepared statement .......................................................................................... 5 

Statement of Senator Isakson ................................................................................. 24 

Statement of Senator LeMieux ............................................................................... 26 

Statement of Senator Klobuchar ............................................................................ 28 

Statement of Senator Hutchison ............................................................................ 89 

Prepared statement ..........................................................................................

WITNESSES

Merkley, Hon. Jeff, U.S. Senator from Oregon ..................................................... 7 

Papp, Jr., Vice Admiral Robert J., Commandant-Designate, U.S. Coast Guard, 

Department of Homeland Security ..................................................................... 8 

Prepared statement .......................................................................................... 10 

Biographical information ................................................................................. 12 

Robinson, Larry, Assistant Secretary-Designate, U.S. Department of Commerce ..................................................................................................................... 38 

Prepared statement .......................................................................................... 39 

Weener, Earl F., Member-Designate, National Transportation Safety Board .... 40 

Prepared statement .......................................................................................... 41 

Biographical information ................................................................................. 42 

Tillman, Ph.D., Michael F., Member-Designate, Marine Mammal Commission 48 

Prepared statement .......................................................................................... 49 

Biographical information ................................................................................. 49 

Boness, Daryl J., Chairman-Designate, Marine Mammal Commission .............. 61 

Prepared statement .......................................................................................... 62 

Biographical information ................................................................................. 64 

Moreland, Jeffrey R., Member-Designate, Amtrak Board of Directors ............... 83 

Prepared statement .......................................................................................... 84 

Biographical information ................................................................................. 84 

APPENDIX

Inouye, Hon. Daniel K., U.S. Senator from Hawaii, prepared statement ........... 95 

Response to written questions submitted to Vice Admiral Robert J. Papp, 

Jr. by: 

Hon. Frank R. Lautenberg ............................................................................... 95 

Hon. Kay Bailey Hutchison ............................................................................. 96 

Hon. Roger F. Wicker ....................................................................................... 97 

Response to written questions submitted to Dr. Larry Robinson by: 

Hon. John D. Rockefeller IV ............................................................................ 99 

Hon. Mark Begich ............................................................................................. 100 

Hon. Kay Bailey Hutchison ............................................................................. 100 

Hon. John Thune .............................................................................................. 101 

Hon. David Vitter ............................................................................................. 102 

Response to written questions submitted to Dr. Earl Weener by Hon. Kay 

Bailey Hutchison 102 

Response to written questions submitted to Dr. Michael F. Tillman by: 

Hon. John D. Rockefeller IV ............................................................................ 103 

Hon. Kay Bailey Hutchinson ........................................................................... 105 

Page

IV 

Response to written questions submitted to Dr. Daryl J. Boness by: 

Hon. John D. Rockefeller IV ............................................................................ 106 

Hon. Kay Bailey Hutchison ............................................................................. 107 

Response to written questions submitted to Jeffrey R. Moreland by: 

Hon. Frank R. Lautenberg ............................................................................... 108 

Hon. Tom Udall ................................................................................................ 108 

Hon. Kay Bailey Hutchison ............................................................................. 109 

(1) 

NOMINATIONS TO THE U.S. COAST GUARD, 

THE DEPARTMENT OF COMMERCE, 

THE NATIONAL TRANSPORTATION SAFETY 

BOARD, THE MARINE MAMMAL COMMISSION, 

AND THE AMTRAK BOARD OF DIRECTORS 

THURSDAY, MARCH 18, 2010 

U.S. SENATE, 

COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:04 a.m. in room 

SR–253, Russell Senate Office Building, Hon. Maria Cantwell, presiding. 

OPENING STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. The Senate Committee on Commerce, 

Science, and Transportation will come to order. 

Good morning. I thank everyone for being here today, and the 

nominees and their willingness to serve. 

The nominees before this committee today represent a number of 

agencies that are crucial to our Nation, our environment, and our 

economy. The Coast Guard, NOAA, and the National Transportation Safety Board, and Amtrak all face major challenges, and our 

Nation depends on the high quality of public servants to take up 

these important issues. 

The Subcommittee which I am Chair of the Oceans, Atmosphere, 

Fisheries, and Coast Guard, is particularly interested in the nominees for the position of Coast Guard and NOAA. For the Coast 

Guard, the next Commandant will have to cope with an ever-growing set of important missions, even amid increasing challenges in 

this fiscal environment. 

On a national scale, the Coast Guard’s responsibilities are extensive and wide-ranging. For example, last year, the Coast Guard responded to more than 23,550 search and rescue cases, stopped 

more than 3,700 undocumented immigrants from illegally entering 

the U.S., and responded to approximately 3,600 pollution incidents 

and protected our communities by seizing 160 metric tons of cocaine, valued at nearly $5 billion. 

Admiral Papp, if you are confirmed as the next Commandant, 

you will constantly be asked to balance the demands of crucial and 

evolving homeland security missions while enduring your traditional missions and making sure that they are met. 

2 

On the Deepwater Program, the Coast Guard has taken some 

steps toward fixing the failings of the past. But make no mistake, 

I am nowhere close to satisfied with the Coast Guard’s progress on 

Deepwater, and we will continue to have aggressive oversight. 

We are not done fixing the Coast Guard’s acquisition program, 

and many challenges lie ahead. Taxpayers deserve to know that 

their Government dollars are being spent in a responsible manner. 

We cannot repeat the blunders of the past, and I assure you we 

will be looking at how every dollar is spent. The Coast Guard needs 

to complete its mission safely and effectively, and taxpayers are 

going to be making sure that that happens. 

NOAA also faces a similar daunting number of responsibilities 

and challenges. Our world’s oceans are facing unprecedented 

threats. The process of ocean acidification is actually challenging 

the very chemistry of the ocean. 

As our carbon dioxide emissions make seawater more acidic, the 

ocean may begin to withhold the basic chemical building blocks 

needed by many marine organisms. In regions like the Pacific 

Northwest, scientists predict that a more acidic ocean could dissolve the shells of tiny organisms that make up the base of the 

oceans food chain. 

When it comes to ocean acidification, we risk not just damaging 

the ocean’s ecosystem, we are threatening its very foundation. We 

are already seeing on the ground economic impacts of ocean acidification, like the shellfish farmers in Washington State, those who 

are greatly impacted by acidification. 

In addition to ocean acidification, NOAA’s conservation and management efforts have to cope with a long list of threats—ocean dead 

zones, ocean trash and marine debris, overfishing, toxic algae 

blooms, increasing ocean temperatures, and endangered species. 

NOAA and the Obama Administration are making ambitious steps 

to begin addressing many of these issues, and it is imperative that 

NOAA fill its ranks with the best, most-qualified people to carry 

out NOAA’s conservation and management responsibilities. The 

ocean coasts and our blue economy will depend on this. 

I look forward to hearing from today’s nominees on their experience and background and what best prepared them to meet the 

challenges that we face ahead. 

So, with that, I know that we have several colleagues that are 

here that would like to give statements on behalf of nominees that 

are from their home State areas. And so, I see my colleague Senator Kerry is here. Would you like to make a statement now on behalf of Admiral Papp? 

STATEMENT OF HON. JOHN F. KERRY, 

U.S. SENATOR FROM MASSACHUSETTS 

Senator KERRY. Thank you, Madam Chairman. 

Well, I appreciate the opportunity. I am not sure what the order 

is—I think Admiral Papp is the first panel. And I appreciate the 

opportunity to say a few words in support of his nomination to become the Commandant of the United States Coast Guard. 

I am convinced that Admiral Papp was predestined—ordained, if 

you will—to become a ship captain in the Coast Guard because he 

grew up within sight of the Coast Guard Academy in New London, 

3 

Connecticut, and he was inspired, I know, by the sight of the training vessel EAGLE as she would go out of there. 

He spent 14 years at sea over the course of his career, the captain of 4 Coast Guard cutters, EAGLE, and the CONSTITUTION. 

The EAGLE and CONSTITUTION—excuse me. He was not captain 

of the CONSTITUTION. That is a Navy ship. I am not giving that 

to him. 

[Laughter.] 

Senator KERRY. But the EAGLE and CONSTITUTION are the 

only active sailing vessels in the American Government’s service, 

and I know that he considers service on the EAGLE as sort of the 

pinnacle of his career because he had the privilege of training with 

some 1,000 cadets in that process, and that is the future of the 

Coast Guard. 

I had the privilege of meeting the Admiral when he was still a 

captain on the EAGLE, and it came at a time when he sailed the 

EAGLE and her crew at the head of a group of tall ships coming 

into Boston in the Summer of 1998. We were celebrating the 200th 

anniversary of CONSTITUTION’s maiden voyage. 

I will always remember it because Prince William of Great Britain was there, representing the Queen. And I remember walking 

into this reception in the Charlestown Navy shipyard, and there 

were a host of Navy officers there all dressed in white. The only 

person there in blue was the Admiral, who clearly put his blues on 

just to stand out amidst all the Navy folks, and I had the privilege 

of introducing the Prince to him. I also got to meet his wife, Linda, 

who is here with us today. 

I renewed our acquaintance the next year when he became the 

Coast Guard’s Chief of Congressional Affairs. And I will say that 

during the 3 years in that job and anybody on this committee who 

worked with him in that task knows how diligently he worked and 

the authority that he brought in his effort to fight for the resources 

necessary to carry out the full range of Coast Guard missions, 

which we all know have grown markedly both with the increase of 

interdiction narcotics efforts, as well as the post-9/11 responsibilities that have fallen to the Coast Guard. 

Madam Chairwoman, there is no one more passionate about the 

Coast Guard or the defense of our country than Admiral Papp, and 

it is a passion that is guided by significant experience, operational 

and staff experience that will serve him very, very well. He has 

held almost every important command in the Coast Guard, and 

that ranges from the District Commander on the northern border, 

Director of Reserve and Training, the Commander of the Ninth 

Coast Guard District, Chief of Staff of the Coast Guard, and currently, the Atlantic Area Commander responsible for all Coast 

Guard activities from the Rocky Mountains to the Arabian Gulf. 

That is an enormous span of responsibility. 

So I am convinced that his experience, combined with his passion 

and his vision, make him the ideal candidate to lead the United 

States Coast Guard at this critical juncture in its storied history, 

and I am proud to introduce him to the Committee. 

Senator CANTWELL. Thank you, Senator Kerry. And thank you 

for being here. 

4 

We are going to call Vice Admiral Papp up in a few minutes, but 

I wondered if my colleague, the Ranking Member of the Subcommittee, had anything that she wanted to say this morning before we continued? 

STATEMENT OF HON. OLYMPIA J. SNOWE, 

U.S. SENATOR FROM MAINE 

Senator SNOWE. And thank you, Madam Chair, and I appreciate 

very much for convening this hearing today to discuss the vital contributions of our nominees. 

And I first want to recognize the nomination of Vice Admiral 

Papp to be the next Commandant of the Coast Guard, and I want 

to welcome Admiral Papp. And I appreciate the fact he was willing 

to travel to Maine recently to attend the Fishermen’s Forum. 

And I think he certainly gained a perspective of, you know, how 

the people of Maine, a coastal State, and the fishing community 

view the Coast Guard with tremendous admiration and appreciation for the work that the Coast Guard does, day in and day out, 

on behalf of the people of our State and across this country. So 

there is enormous gratitude for the work that they perform. 

I want to welcome Admiral Papp before this committee as the 

next nominee for the Commandant of the Coast Guard. I think his 

resume—as Senator Kerry and I know the Chair has spoken to— 

speaks for itself with 35 years of service since his graduation from 

the Coast Guard Academy. 

But I also want to point out that he is just the 13th service member to qualify as a Gold Ancient Mariner, with over 10 years of cumulative at-sea time during his tenure, remarkable example and 

demonstration of his commitment to the service of this country. 

I also want to thank him for all of the work that he has done 

over the years. I think his background and experience demonstrates an abundance of expertise and qualifications to assume 

this job and the capacity as Commandant, given the enormous 

challenges and responsibilities that that job represents. 

The Coast Guard fills innumerable roles in the maritime domain 

and does so with tremendous skill, precision, and speed, despite 

often operating in the most treacherous of conditions. When other 

vessels head for safe harbors in the face of a rising storm, it is the 

Coast Guard’s duty to sail full steam ahead into the teeth of the 

tempest to assist those in need. 

From dramatic helicopter rescues hundreds of miles from shore 

to its role as first responders in the face of humanitarian crises like 

the tragic earthquake in Haiti, the Coast Guard perpetually lives 

up to its motto, ‘‘Always ready.’’ 

So the Coast Guard today faces countless challenges, which we 

will pursue through various questions to the Admiral. But certainly, in the execution of their missions—and frankly, it is the 

budget that concerns me the most. President Obama has chosen in 

this Fiscal Year to impose a freeze on nonmilitary discretionary 

spending. And frankly, the Coast Guard is a branch of the military. 

So I am surprised that it wasn’t recognized as such in terms of now 

imposing a reduction of more than $340 million in the Fiscal Year 

2010 enacted level. 

5 

So those are some of the issues that I certainly will be pursuing 

in the line of questioning. But I certainly want to welcome Admiral 

Papp to this position and to this committee so that we have a 

chance to explore these and examine these key issues. 

And Madam Chair, I also would like to recognize on the second 

panel an individual who represents the State of Maine, who is 

highly qualified in the position not only as a member of the Marine 

Mammal Commission, but also has been nominated to be the next 

Chair of the Marine Mammal Commission. And I want to recognize 

Dr. Daryl Boness. I know he represents Maine’s outstanding academic community with his research and the fact that he is a Research Professor at the University of Maine in Orono. 

And I am just very pleased with his credentials and qualifications that he has been recognized not only to be reappointed to this 

commission, but also to serve as the next Chair. 

Thank you. 

[The prepared statement of Senator Snowe follows:] 

PREPARED STATEMENT FOR HON. OLYMPIA J. SNOWE, U.S. SENATOR FROM MAINE

Good morning, Mr. Chairman, and thank you for convening this hearing today to 

discuss the vital contributions these nominees will provide to the Nation. In particular, as Ranking Member of the Subcommittee on Oceans, Atmosphere, Fisheries, 

and Coast Guard, and as a Senator from a state so inextricably linked to our oceans 

and coasts, I am pleased to be in this position to ensure we uphold the tradition 

of strong leadership of the United States Coast Guard with the nomination of Vice 

Admiral Robert Papp to be the next Commandant. 

I want to welcome Admiral Papp who comes before this committee today nominated to be the Coast Guard’s next Commandant. Admiral Papp’s resume speaks 

for itself, with 35 years of service since his graduation from the Coast Guard Academy, but I also want to point out that he is just the 13th service member to qualify 

as a Gold Ancient Mariner with over 10 years of cumulative at-sea time during his 

tenure—a remarkable example of his commitment to the service and the country. 

I also want to thank him for his offer to travel with me to Maine earlier this month 

to attend the Maine Fishermen’s Forum and after having the opportunity for extended conversations with him during our trip to Maine and back, there is no doubt 

in my mind that he is the right person for the job. 

The Coast Guard fills innumerable roles in the maritime domain, and does so 

with tremendous skill, precision, and speed despite often operating in the most 

treacherous of conditions. When other vessels head for safe harbors in the face of 

a rising storm, it is the Coast Guard’s duty to sail full steam ahead into the teeth 

of the tempest to assist those in need. From dramatic helicopter rescues hundreds 

of miles from shore to its role as first responder in the face of humanitarian crises 

like the tragic earthquake in Haiti, the Coast Guard perpetually lives up to its 

motto: semper paratus—‘‘always ready.’’ 

Today’s Coast Guard faces countless challenges from the continued vigilant execution of their missions, to the ongoing efforts to correct the course of its troubled recapitalization and acquisition program, to dealing with what can only be described 

as a hostile budget environment within this Administration. And frankly, it is the 

budget that concerns me most. President Obama chose in his Fiscal Year 2011 budget to impose a freeze on non-military discretionary spending. The Coast Guard of 

course is a branch of the military, but this budget actually imposed a reduction of 

over $340 million from the FY 2010 enacted level. 

As this committee has discussed on numerous prior occasions, the Coast Guard 

is an agency that has always been asked to do more with less, and we simply cannot 

continue to expect the same high level of service without sufficient funding. Already 

in the budget request, we are looking at the elimination of key port security assets, 

for example, including the Marine Safety and Security Team stationed in New York 

Harbor. I look forward to discussing with Admiral Papp how, as Commandant, he 

would ensure the Coast Guard can continue to provide its truly critical services in 

light of this proposed reduction. 

I also want to welcome our second panel of nominees who will appear before us 

today, particularly Dr. Daryl Boness, a resident of Hartford, Maine, and Research 

6 

Professor at the University of Maine, Orono, who has been nominated to serve on 

the Marine Mammal Commission. Dr. Boness’ scientific career spans more than 30 

years, and in addition to his work as Editor-in-Chief of the journal Marine Mammal 

Science, he has served on review panels for the National Marine Fisheries Service, 

the Fish and Wildlife Service, the Office of Naval Research, just to name a few. He 

is among the most respected scientists in his field, and will provide invaluable contributions to our Nation’s marine mammal management programs. 

Dr. Boness is joined in his nomination to that body by Dr. Michael Tillman. And 

I want to thank Dr. Larry Robinson, nominated to be Assistant Secretary of Commerce for Oceans and Atmosphere. 

Our ocean and coastal resources provide tremendous ecological, economic, and cultural benefits, but recent Administrations, including the current one, have failed to 

recognize their contributions with sufficient investment. I am pleased to see that 

NOAA has created a senior leadership position—to which Dr. Robinson is nominated—to coordinate the agency’s efforts on conservation and management. As I discussed with Dr. Lubchenco at the NOAA Budget hearing before this committee earlier this month, we are drastically underfunding oceanic research—particularly fisheries research that has a very real impact on our coastal economy. 

In Prospect Harbor, Maine, we have recently seen the loss of 130 jobs resulting 

from the closing of a century-old sardine cannery—the last one in the country. The 

reason for this closure is that scientists set a low catch limit for herring, not because 

the stock is overfished, but because the data they had to work with simply could 

not provide enough certainty to make a valid assessment of the health of the fish 

population. A Government Accountability Office study released in 2008 found a 

similar dearth of data to support marine mammal stock assessments, something 

Drs. Boness and Tillman are no doubt aware of. I hope we can count on these nominees to help reverse that trend, protect our depleted resources, and ensure a brighter, sustainable future for our coastal resources and economy. 

Finally, I want to welcome Dr. Earl Weener, nominated to the National Transportation Safety Board, and Mr. Jeffrey Moreland to serve on Amtrak’s Board of Directors. 

The Federal Government’s role in transportation is primarily one of safety; new 

members of the National Transportation Safety Board (NTSB), will continue to be 

a part of an agency immersed in the investigation of two high-profile accidents this 

committee has expressed considerable interest in; last year’s crash of Continental 

Flight 3407 outside of Buffalo, New York, and the Metro collision of two passenger 

trains near Takoma Park, Maryland in June of last year, as well as improving the 

safety of Americans through comprehensive review of dozens of incidents and accidents throughout the country. 

I must admit, I have grown tired of reading newspaper articles detailing various 

accidents which the NTSB has already warned against by pointing out safety flaws 

that could have prevented these accidents. In fact, I worked with Senator Boxer to 

put some of the Board’s recommendations into law in our One Level of Safety legislation, and the Committee has recognized that work, and inserted it into the FAA 

Reauthorization. While I am well aware that the agency has only the ability to 

make recommendations, and has no implementation authority, I believe the NTSB’s 

challenge will be to become more assertive in communicating to Congress if government entities continue to be downright dismissive of the Board’s efforts. 

One new focus this Administration has brought to transportation policy has been 

the substantial interest in, and subsequent commitment to, passenger rail. With 

Amtrak as our primary vehicle for inter-city passenger rail—particularly in the 

Northeast—I look forward to having a complete Board of Directors to preside over 

the $13 billion Federal investment we made for passenger rail over the past year. 

While I remain a serious supporter of passenger rail, and was particularly gratified that my home state of Maine received a High Speed Rail grant of $35 million 

to extend our Downeaster service north to Brunswick, Maine, I am not entirely convinced we are using our limited transportation resources in the most responsible 

manner. The Associated Press pointed out that one high-speed rail project in California—one!—is projected to cost upwards of $40 billion. Can we provide the kind 

of commitment for high speed rail—both in terms of time, and more importantly, 

revenue—that will provide benefits to all Americans? Or are we squandering precious revenues that could be used to restore Amtrak’s infrastructure to a state of 

good repair, to prepare it to move at greater speeds and with greater efficiency? Amtrak’s Board of Directors should have a significant role in these discussions. 

Once again, I want to thank the Chairman for bringing all of these nominees before the Committee today, and I look forward to our conversations and to continuing 

the process of filling the vacancies and increasing the efficiency of operations of the 

Federal Government. 

7 

Senator CANTWELL. Thank you, Senator Snowe. 

And again, before we turn to Vice Admiral Papp, we are joined 

by our colleague Senator Merkley from Oregon, a member of the 

EPW Committee, to give comments about one of the other nominees. 

So welcome to the Committee, Senator Merkley. We look forward 

to your introduction. 

STATEMENT OF HON. JEFF MERKLEY, 

U.S. SENATOR FROM OREGON 

Senator MERKLEY. Thank you, Madam Chair. 

And thank you to you and members of the Committee for the invitation to come and to introduce a fine Oregonian and expert in 

aviation safety, Dr. Earl Weener. 

Dr. Weener will appear in the second panel, but he is being nominated to be a Member of the National Transportation Safety 

Board. I would also like to welcome his wife, Linda, who is able to 

join us today. 

Dr. Weener, of Sherwood, Oregon, has spent his life working as 

an engineer in both the private and nonprofit sectors to improve 

airplane and pilot safety. His Ph.D. is in aerospace engineering and 

he was formerly the Chief Engineer at Boeing, where he created 

and led industry programs that demonstrate the necessity for additional safety enhancements in order to reduce crashes due to pilot 

error. His activities helped instigate industry initiatives toward 

risk reduction. 

His lifelong career has helped the commercial aviation industry 

incorporate accident prevention into their operational systems, both 

domestically and internationally. He has won a number of awards 

for his outstanding work, including the Honeywell Bendix Trophy 

for Aviation Safety in 2005 for his contributions to commercial air 

aviation safety. He was also awarded the Aviation Week and Space 

Technology Laurels Award in 1994 for his leadership in preventing 

controlled flight into terrain accidents. 

He is currently a Fellow at the Flight Safety Foundation, where 

he has led international industry initiatives to improve runway 

safety, and to reduce ground accidents and injuries. He is also a 

general aviation flight instructor, and so he understands firsthand 

the skills required by pilots and the learning process that new pilots go through. Not only does Dr. Weener have aviation experience, he also has a Coast Guard captain’s license and spent 2 years 

of his retirement traveling around the U.S. coast. 

While we all hope that aviation accidents continue to be few and 

far between, having a qualified member of the NTSB such as Dr. 

Weener, benefits our quest to eliminate accidents and perfect aviation safety. 

So I am very pleased to support his nomination, and thank you 

for the invitation to introduce him. 

Senator CANTWELL. Thank you, Senator Merkley, for your statement. I am sure Dr. Weener very much appreciates you being here 

today on his behalf, and we will look forward to hearing his comments. 

8 

Vice Admiral Papp, if you would come to the witness table and 

make your statement? And if you would, introduce your family. We 

appreciate them being here as well. 

STATEMENT OF VICE ADMIRAL ROBERT J. PAPP, JR., 

COMMANDANT-DESIGNATE, U.S. COAST GUARD, 

DEPARTMENT OF HOMELAND SECURITY 

Admiral PAPP. Good morning, Madam Chair. I would like to introduce my wife, Linda, who is sitting directly behind me. She is 

with me here today. 

A number of shipmates unexpectedly have driven up here to be 

with me as well, including, most importantly, my Executive Assistant for the last 2 years, Commander, now Captain-select Rick 

Rodriguez, who has served me well and will be coming to Washington this summer in another assignment. 

I would ask, Madam Chair, that I be able to submit my prepared 

testimony for the record and give a brief oral statement. 

Senator CANTWELL. Please do so. 

Admiral PAPP. Thank you. 

Good morning, Madam Chair. 

And Senator Kerry, thank you so much for that introduction. It 

is good to reestablish our relationship and good to see you again. 

I deeply appreciate you taking the time to come in here this morning and for your constant stewardship of the Coast Guard. 

As well, Senator Snowe, it was great to get together with you 

again. I really enjoyed going up to Maine for that visit. Next time, 

I want to be able to have a couple lobsters while I am there. So 

maybe we will spend a little more time when I go up there. 

It is a privilege for me to appear before you today. I am grateful 

for the confidence of President Obama and Secretary Napolitano in 

nominating me to become the 24th Commandant of the United 

States Coast Guard. 

I am also grateful that my wife of nearly 34 years, Linda, is able 

to share this day with me because she has been an inseparable 

part of my career, just as she would tell you that the Coast Guard 

has been an inseparable part of our marriage—insufferable sometimes, but inseparable. 

[Laughter.] 

Admiral PAPP. It has been an honor to serve in the Coast Guard 

for nearly 35 years, and I am humbled by the prospect of serving 

as the Commandant. I joined the Coast Guard with a desire to be 

a mariner and a ship’s captain, carrying out Coast Guard operations. As an operator, I have seen firsthand the obsolete cutters, 

boats, aircraft, electronics, and logistics systems that contribute to 

the difficulty of performing our missions in an unforgiving environment. 

In 1999, after many years at sea, I became the Chief of Coast 

Guard Congressional Affairs. At the time, we were faced with declining budgets, which required tough decisions on the allocation of 

resources, while suffering from obsolete and worn-out operational 

assets and deteriorating shore infrastructure. 

Now when I was assigned to the job, I believed that Congressional Affairs might be my last assignment before retiring. But 

after the events of September 11, 2001, I was inspired to continue 

9 

my service, and I have been humbled to be given continuing opportunities to serve in the Coast Guard and to serve our country. 

Today, after 8 years of unprecedented budget growth, the Coast 

Guard, unfortunately, is still plagued with much of the same obsolete equipment. After the tragedy of 9/11, we assumed increased responsibilities, which placed additional burdens on our people and 

equipment and presented challenges to performing our traditional 

missions. Like 1999, we now face potential budget constraints, increased mission demands, and strained resources. 

Now the reason we continue to get the job done is people. As an 

operational field commander for nearly half my career, I have been 

able to maintain a meaningful connection with and understanding 

of the people who have volunteered to serve their country in the 

United States Coast Guard. 

When I talk about these people, I refer to them as shipmates. 

Shipmates is my short-hand term of endearment for members of 

the Coast Guard family—the active duty, the reserve, the auxiliary, 

and the civilians, all the men and women of our service who, because of our experiences together, really do become an extended 

family. 

I have visited with thousands of them. But more importantly, I 

have listened to them and heard loud and clear that they remain 

committed to mission excellence, but they need the resources—the 

ships, the aircraft, the boats, the communication systems, and the 

shore infrastructure—to keep up with the increasingly challenging 

missions in the maritime environment. 

At the same time, they desire policies that facilitate their dreams 

and aspirations while accommodating the current societal norms 

for those who desire family stability. We want to make our service 

the choice of a profession for all Americans. 

I am committed to the dedicated men and women with whom I 

have proudly served alongside for 35 years. If confirmed as Commandant, my obligation to them, as well as the Department of 

Homeland Security and the American public will be fulfilled by setting a course that steadies our service, honors our profession, 

strengthens our partnerships, and respects our shipmates. 

For the past 2 years, I have been responsible for two-thirds of 

the Coast Guard’s worldwide operations. We have conducted operations from the Rocky Mountains to the Northern Arabian Gulf, 

dealing with devastating floods and hurricanes, ice-choked rivers, 

major oil spills, and migrant and drug smugglers, all while providing security and safety for our ports and waterways and enforcing a host of maritime safety regulations. 

Our versatile, adaptable ships, boats, and aircraft, and people 

perform splendidly in spite of the challenges presented by obsolete 

equipment and casualties. And most recently, they were the first 

on scene in Haiti to provide relief to that country’s poor and unfortunate people. 

Shortly after the earthquake, the cutter TAHOMA from Kittery, 

Maine, pulled into Port-au-Prince harbor, and her Captain, Jim 

Spott, sent a group of his shipmates ashore to see what they could 

do for the dying, sick, and wounded. Among that group was a recent Coast Guard Academy graduate named Ensign Kevin Robinson. I exchanged e-mails with Ensign Robinson. 

10 

He said, ‘‘My peers and I are not doctors, but we do have basic 

medical training and supplies to keep a deep cut from turning into 

an amputation. We are just scrambling to help as many people as 

we can with what we have.’’ 

Ensign Robinson’s words and deeds could be taken as a metaphor 

for a service that has the somewhat dubious reputation of always 

trying to do more with less, often at the expense of working our 

people harder. I addressed this challenge head on in my speech 

upon taking command of Atlantic Area 2 years ago. 

‘‘We have the honor and privilege of performing meaningful work 

that is essential to the long-term safety and security of our country. 

I know you are capable of heroic and extraordinary deeds. I will 

never ask you to do more than our resources allow, but we must 

do our absolute best with what we have to sustain mission excellence. We owe it to our citizens and our shipmates. I expect nothing 

better. You should accept nothing less.’’ 

My operational leadership experience over more than three decades has constantly reenergized my passion and enhanced my vision to lead the service in carrying out all 11 of the Coast Guard’s 

statutory missions in the most effective and professional manner 

possible. 

Again, I am privileged to appear before you today in consideration of serving as the 24th Commandant of the United States 

Coast Guard. I look forward to working with the leadership and the 

members of this committee to make the service as effective as possible, and I will be happy to answer any questions that you have. 

[The prepared statement and biographical information of Admiral Papp follows:] 

PREPARED STATEMENT OF VICE ADMIRAL ROBERT J. PAPP, JR., COMMANDANT- DESIGNATE, U.S. COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

Introduction 

Good afternoon Mr. Chairman and distinguished members of the Committee. It 

is a privilege to appear before you today. I am grateful for the confidence of President Obama and Secretary Napolitano in nominating me to become the 24th Commandant of the United States Coast Guard. I would also like to thank Admiral Thad 

Allen, our current Commandant, for the opportunity to serve as Chief of Staff of the 

Coast Guard and Commander of the Atlantic Area. It has been an honor to serve 

in the Coast Guard for nearly 35 years, and I am humbled by the prospect of serving as the Commandant. Today, I will discuss my priorities and objectives to provide 

an overview of how, if confirmed, I will lead the Coast Guard in support of the goals 

of the Department of Homeland Security (DHS). 

Unique Agency of the Federal Government 

The Coast Guard is a unique Federal agency. We trace our history back to August 

4th, 1790, when the first Congress authorized the construction of ten vessels to prevent smuggling and enforce tariff and trade laws. Over the last two centuries, we 

have expanded in size, authorities, and responsibilities to confront the ever-evolving 

challenges of the maritime environment. With its broad safety, security, military, 

and law enforcement authorities, today’s Coast Guard is a versatile, adaptable, maritime service within DHS and one of the Nation’s five armed services. In fulfilling 

the Coast Guard’s eleven statutorily-mandated missions, we protect against hazards 

to people, maritime commerce, and the environment; defend our borders; rescue 

those in peril on our waters; respond promptly to both man-made and natural disasters to restore the Nation’s waterways—safeguarding and fostering the rapid recovery of the Marine Transportation System (MTS); and, when called upon, defend the 

Nation both at home or abroad in partnership with the other Armed Forces. On the 

rivers, in the ports, on the seas, and around the globe, the Coast Guard provides 

a great service to our Nation through our distinctive blend of military, humanitarian, and civilian law enforcement capabilities. 

11 

Our People—Our Results 

We have approximately 42,000 active duty, 8,200 reserve, 8,000 civilian, and 

31,000 volunteer auxiliary members engaged in conducting or supporting Coast 

Guard operations. These dedicated men and women deliver critical services and 

value to the public across our eleven missions. In FY 2009, under the leadership 

of Admiral Allen, we responded to more than 23,500 search and rescue cases and 

saved more than 4,700 lives; removed more than 160 metric tons of cocaine bound 

for the United States; interdicted more than 3,700 undocumented migrants attempting to enter our Nation illegally; and conducted thousands of security boardings and 

escorts. In support of the MTS, we serviced more than 17,700 aids to navigation and 

corrected more than 7,500 discrepancies; performed domestic icebreaking to keep 

waterways open for commercial traffic carrying more than $600 million worth of 

cargo; performed more than 17,300 facility inspections, 25,400 container inspections, 

and over 14,000 inspections on U.S.-flagged certificated vessels; and conducted nearly 4,500 marine casualty investigations. 

Since our inception, the Coast Guard’s service to the Nation has been defined by 

our missions and our people. Our men and women are inspired by the rich heritage 

of our Service and its accomplishments. Today. the challenges that we face are as 

varied as they are demanding. The American people and our partner agencies expect clarity of purpose and excellence in performing our statutory missions—and 

that is what we seek to do on a daily basis. 

Unity of Effort 

The Coast Guard’s core competencies, organizational ethos, and broad capabilities 

are tightly aligned to DHS’ vision to provide a homeland that is safe, secure, and 

resilient against terrorism and other hazards. Our Service’s eleven missions, performed by a talented and versatile work force, reflect and support the Secretary of 

Homeland Security’s five priorities as articulated in the Department’s Quadrennial 

Homeland Security Review: 

• Preventing Terrorism and Enhancing Security 

• Securing and Managing Our Borders 

• Enforcing and Administering Our Immigration Laws 

• Safeguarding and Securing Cyberspace 

• Ensuring Resilience to Disasters 

My Priorities 

I am wholly committed to carrying out the Coast Guard’s eleven statutory missions in the most professional and effective manner possible. If confirmed, I will set 

a course that completes several ongoing reforms, honors our profession, strengthens 

our partnerships, and respects our shipmates. I will briefly elaborate on my priorities below. 

Completing Ongoing Reforms 

The Coast Guard can and will increase our effectiveness by completing several ongoing staffing, financial management, and mission alignment reform efforts over the 

next few years. The tragic 9/11 attacks and Hurricane Katrina displayed the Coast 

Guard’s exceptional skills, yet also brought to light several structural areas in our 

organization that needed improvement. We continue to modernize our headquarters 

and logistics organizations, we are updating our financial management systems to 

reflect contemporary controls and procedures for accounting and property management, and I am committed to completing the efforts already underway to reform our 

acquisitions program and recapitalize our cutters, aircraft, and Command, Control, 

Computers, Intelligence, Surveillance, and Reconnaissance systems. Our challenge 

is to effectively coordinate and complete these efforts as expeditiously as possible 

while maintaining our high levels of performance across our operational mission set. 

In order to realize all of the priorities I am outlining today, we need to remain 

committed to the recapitalization of our aging fleet. We have worked diligently to 

overcome our acquisition program’s performance gaps, and Congress’ continued support for, emphasis on, and oversight of this program is critical. We need to build 

on the acquisitions successes of our seagoing and coastal buoy tenders, as well as 

the 87-foot coastal patrol boat program, and extend those successes to our other cutter classes. 

The operational demands on the Coast Guard require completion of our critical 

recapitalization programs. Aging, deteriorating, and technically-challenged resources 

have exacerbated our operational challenges. To maximize effectiveness in the future, I will ensure that the Coast Guard is optimally organized to most effectively 

operate within its available resources. I will take aggressive steps to refocus on the 

12 

versatile and adaptable capabilities provided by our cutters, boats, and aircraft in 

order to be prepared for the challenges of today and tomorrow. Most importantly, 

I will ensure our people have a clear vision and focus on how we will collectively 

navigate the way ahead to best leverage our versatile and adaptable maritime core 

capabilities and ensure the stability of our Service. 

Honor Our Profession and Respect Our Shipmates 

The Coast Guard’s greatest asset is the men and women who are called to duty 

in our active, reserve, civilian, and auxiliary components. Over the last decade, our 

workforce has grown rapidly to meet expanding requirements. To establish the highest professional standards, I will work to identify and address any gaps in capabilities, competencies, and performance measures. I am deeply committed to developing 

our collective work force, enabling our men and women to build upon their experiences and excel throughout their careers. 

I am also fully committed to providing the absolute best in human resource management, administrative support, wellness programs, and professional development. 

It is imperative that we continue to recruit and retain talented and motivated people. Our ability to accomplish this depends upon the substantive opportunities we 

offer, and our actions to care for our own. To implement this mandate, I will implement policies to benefit the workforce and their families by providing a safe, collaborative, and productive workplace environment, and support the White House initiative to provide family and geographic stability to our men and women in the armed 

services. I am committed to a Service that reflects the racial, ethnic, and gender 

composition of our Nation. In short, if confirmed as Commandant, maintaining the 

Coast Guard as a profession of choice will be one of my top responsibilities. 

Strengthen Our Partnerships 

The Coast Guard has strengthened our ability to protect our Nation’s ports, waterways, and coastlines by partnering with Federal, state, and local agencies; tribal 

nations; the marine industry; and international stakeholders. By working collaboratively, we can align our efforts to create an effective and efficient system to meet 

today’s demands and fulfill our national security goals. I will work closely with Secretary Napolitano to fully implement the shared vision for homeland security set 

forth in the Department’s first ever Quadrennial Homeland Security Review. I will 

also build upon the Coast Guard’s strong record of developing and supporting maritime security partnerships at all levels of government and internationally with foreign coast guards. Prioritizing these partnerships will help us create a Maritime 

Transportation System that is safe, secure, and resilient against all hazards. 

Conclusion 

I would like to express my heartfelt gratitude to Admiral Thad Allen for his exceptional service to our Nation during his tenure as Commandant. Admiral Allen 

has presided over the needed adjustments to our organization and force structure 

that have set us up for success now and in the future. Our recent response to the 

tragic earthquake in Haiti underscores these improvements, as we led the initial 

U.S. response during the first 24 hours and supported the effort coordinated by the 

U.S. Agency for International Development and U.S. Southern Command in the following days. 

Serving our country is more than a job—it is a calling that obligates us to responsible conduct, accountability, and commitment to the Coast Guard’s core values of 

Honor, Respect, and Devotion to Duty. We are inspired to serve by patriotic motives 

and the rule of law, and we have sworn to support and defend the Constitution. My 

operational and leadership experience over more than three decades has constantly 

re-energized my passion and enhanced my vision to lead the Coast Guard in a 

meaningful, efficient, and effective manner to serve the American people. 

Again, I am privileged to appear before you today in consideration of serving as 

the 24th Commandant of the United States Coast Guard. I look forward to working 

with the leadership and members of this committee to make the Service as effective 

as possible. I am happy to answer any questions you may have. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Robert J. Papp, Jr. 

2. Position to which nominated: Admiral (O–10); Commandant, U.S. Coast Guard. 

3. Date of Nomination: December 22, 2009. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

13 

Office: Commander (Lant–00), U.S. Coast Guard Atlantic Area, 432 Crawford 

St., Portsmouth, VA 23704. 

5. Date and Place of Birth: 25 March 1952; North Kingston, Rhode Island, USA. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Spouse: Linda Kapral Papp, Retired in June 2008 Fairfax County Public 

Schools, Fairfax, VA; children: Lindsay Anne Sher (28), Caitlin Elizabeth Papp 

(24) (twins), Jillian Marie Papp (24). 

7. List all college and graduate degrees. Provide year and school attended. 

College: U.S. Coast Guard Academy 1970–75—BS/Management 04 June 1975. 

Graduate: U.S. Naval War College 1989–90—MA/Strategic Studies 01 June 

1990. 

Graduate: Salve Regina College 1989–90—MS/Management 20 May 1990. 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Post-undergraduate and Management-level jobs (all U.S. Coast Guard assignments): 

Jun 1975 to Aug 1975—Commissioned Platoon Officer, U.S. Coast Guard Academy, New London, CT. 

Sep 1975 to Apr 1977—Deck/Operations Officer, USCGC IRONWOOD, Adak, 

AK. 

Jun 1977 to Jan 1979—Executive Officer, USCGC REDWOOD, New London, 

CT. 

Jan 1979 to May 1981—Commissioned Company Officer, U.S. Coast Guard 

Academy, New London, CT. 

Jun 1981 to Aug 1983—Commanding Officer, USCGC RED BEECH, Governors 

Island, NY. 

Aug 1983 to May 1986—Assistant Chief, Aids to Navigation Branch Third Coast 

Guard District, Governors Island, NY. 

May 1986 to Jul 1989—Commanding Officer, USCGC PAPAW, Charleston, SC. 

May 1989 to Jun 1990—Student, U.S. Naval War College, Newport, RI. 

Jun 1990 to May 1993—Branch Chief, Defense Operations Division, U.S. Coast 

Guard Headquarters, Washington, D.C. 

May 1993 to Jul 1995—Commanding Officer, USCGC FORWARD, Portsmouth, 

VA. 

Jul 1995 to May 1996—Chief, Fleet Development Team, Aids to Navigation Division, U.S. Coast Guard Headquarters, Washington, D.C. 

May 1996 to Jul 1999—Commanding Officer, USCGC EAGLE, New London, 

CT. 

Jul 1999 to May 2002—Chief, Office of Congressional Affairs, U.S. Coast Guard 

Headquarters, Washington, D.C. 

May 2002 to Oct 2002—Deputy Chief of Staff, U.S. Coast Guard Headquarters, 

Washington, D.C. 

Oct 2002 to May 2004—Director of Reserve and Training, U.S. Coast Guard 

Headquarters, Washington, D.C. 

May 2004 to Apr 2006—Commander, Ninth Coast Guard District, Cleveland, 

OH. 

Apr 2006 to Jul 2008—Chief of Staff, U.S. Coast Guard, U.S. Coast Guard 

Headquarters, Washington, D.C. 

Jul 2008 to Present—Commander, U.S. Coast Guard Atlantic Area, Portsmouth, 

VA. 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years: None. The Coast Guard is my only government experience. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

14 

or other business, enterprise, educational, or other institution within the last 5 

years: None. 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Member, U.S. Coast Guard Academy Alumni Association—1975 to present. 

Board of Directors 1979 to 1981. 

Member, U.S. Naval Institute—1975 to present. 

Member, Military Officers Association of America—2000 to present. 

Member, National Maritime Historic Society—2002 to present. 

Member, New York Yacht Club—2002 to 2006. 

Member, Reserve Officers Association—2002 to present. 

Member, Association of Naval Service Officers—May 2002 to present. 

Member, National Naval Officers Association—May 2002 to present. 

None of these organizations restricts membership on the basis of sex, race, 

color, religion, national origin, age, or handicap. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt. 

I have never been a candidate for public office. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period: None. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Military Awards 

Distinguished Service Medal—for service Apr 2006–Jul 2008. 

Legion of Merit—for service Oct 2004–Apr 2006. 

Legion of Merit—for service Oct 2002–Apr 2004. 

Legion of Merit—for service Jul 1999–May 2002. 

Legion of Merit—for service May 1996–Jul 1999. 

Meritorious Service Medal—for service May 1993–Jun 1995. 

Meritorious Service Medal—for service Jul 1990–May 1993. 

Coast Guard Commendation Medal—for service May 1986–Jun 1989. 

Coast Guard Commendation Medal—for service Aug 1983–May 1986. 

Coast Guard Commendation Medal—for service Jun 1981–Aug 1983. 

Coast Guard Commendation Medal—for service Jan 1979–May 1981. 

Coast Guard Achievement Medal—for service Jun 1977–Dec 1978. 

Commandant’s Letter of Commendation—for service Aug 1990–May 1991. 

Special Recognition: 

Distinguished Public Service Award—National Maritime Historic Society. 

Native Son Award—Norwich Rotary—Norwich, Connecticut. 

Minute Man Hall of Fame—Reserve Officers Association. 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Writings: 

Afterword for the reprinting of The Skipper and the EAGLE by Captain Gordon 

McGowan, Sea History Press 1998. 

Article—Awakening the Next Watch, Tall Ships News Issue No. 36—Summer 

1998. 

15 

Article—Co-authored Maximize Maritime Partnerships, U.S. Naval Institute 

Proceedings, August 2009. 

Article—Co-authored Operational Analysis Can Maximize Coast Guard Assets, 

U.S. Naval Institute Proceedings, January 2009. 

Speeches: 

Remarks For Association of Naval Service Officers (ANSO) Quantico, Virginia, 

9 April 2003. 

Remarks For International Society for Performance Improvement (ISPI) Boston, 

Massachusetts, 12 April 2003. 

Remarks For I/ITSEC 2003, General/Flag Officer Panel, Orlando, Florida, 2 December 2003. 

Remarks For Memorial Day—Lake View Cemetery, Cleveland, Ohio, 31 May 

2004. 

Remarks For Northern Association of Boating Administrators Niagara, New 

York, 13 June 2004. 

Remarks For Memorial Ceremony at Perry’s Victory and International Peace 

Memorial, Put-in-Bay, Ohio, 11 September 2004. 

Remarks For Veteran’s Day Ceremony Lakewood, Ohio, 11 November 2004. 

Remarks For Pearl Harbor Day Ceremony, Cleveland, Ohio, 7 December 2004. 

Remarks For Norwich Native Son Award Ceremony, Norwich, CT, 22 June 

2005. 

Remarks For International Armed Forces Council, Selfridge ANGE, MI, 14 May 

2005. 

Remarks For American Sail Training Association, Bay City, MI, 5 November 

2005. 

Remarks For Blue Coats Society, Cleveland, OH, 9 November 2005. 

Remarks For Northwest Passage 50th Reunion, Reno, NV, 6 September 2007. 

Remarks For Pacific North West Coast Guard Ball, Seattle. WA, 8 September 

2007. 

Keynote Address For Homeland Defense/Security Conference, Colorado Springs, 

CO, 2 October 2007. 

Remarks For CACI annual conference, Tyson’s Corner, VA, 15 October 2007. 

Remarks For DHS/USCG Executive Change Leadership Conference, Washington, D.C., 19 October 2007. 

Remarks For Joint Force Maritime Component Commander (JFMCC) Flag 

Course at the Naval War College, Newport, RI, 2 November 2007. 

Remarks For DHS Chief Administrative Officers (CAO) Forum. Washington, 

D.C., 28 November 2007. 

Remarks For 2007 Pearl Harbor Memorial Ceremony, Baltimore, MD, 7 December 2007. 

Remarks For 20th Annual Surface Navy Association National Symposium, 

Crystal City, VA, 17 January 2008. 

Remarks For Association Of Naval Services Officers (ANSO), Norfolk, VA, 2 

May 2008. 

Remarks For Surface Navy Association Monthly luncheon, Arlington, VA, 14 

May 2008. 

Remarks For National Naval Officers Association (NNOA), Portsmouth, VA, 23 

July 2008. 

Remarks For 2008 International Seapower Symposium, Venice, Italy, 15 October 2008. 

Remarks For National Maritime Historical Society (NMHS) Annual Awards 

Dinner, New York, NY, 24 October 2008. 

Remarks For Joint Forces Maritime Component Commander (JFMCC) conference, Newport, RI, 30 October 2008. 

Remarks For Tidewater Chapter of the Surface Navy Association (SNA) luncheon, Norfolk, VA, 21 January 2009. 

Remarks For 98th Annual Elizabeth City Area Chamber of Commerce Dinner, 

Elizabeth City, NC, 2 February 2009. 

16 

Remarks For Surface Navy Association’s Maritime Security Forum Communication Forum, New London, CT, 25 March 2009. 

Remarks For Institute for Defense and Government Advancement (IDGA) Annual Maritime Homeland Security Summit, Jacksonville, FL, 28 April 2009. 

Remarks For National Naval Officers Association (NNOA) Tidewater Chapter 

Scholarship Banquet, Norfolk, VA, 9 May 2009. 

Remarks For Rotary Club of Camden County, Kingsland GA, 15 May 2009. 

Remarks For USS Intrepid Parade of Ships Reception (Fleet Week), New York, 

NY, 20 May 2009. 

Remarks For the Board of the National Academy of Science (Naval Studies 

Board), Norfolk, VA, 10 June 2009. 

Remarks For National Naval Officers Association (NNOA), Houston, TX, 21 

July 2009. 

Remarks For Long Beach Chapter of the Propeller Club, Long Beach, CA, 20 

October 2009. 

Remarks For 8th Annual Maritime Security Conference & Expo, Long Beach, 

CA, 20 October 2009. 

Remarks for Joint Forces Staff College, Norfolk, VA, 4 November 2009. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

26 September 2006—‘‘International Polar Year’’ Joint Hearing—Senate Committee on Foreign Relations and Senate Committee on Commerce, Science, and 

Transportation. 

26 February 2008—‘‘Coast Guard FY 09 Budget’’ House Subcommittee on Coast 

Guard and Maritime Transportation. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

I joined the Coast Guard with a desire to be a mariner and ship’s captain, carrying out Coast Guard operations. In 1999, after many years at sea, I became the 

Chief of Coast Guard Congressional Affairs and gained insight on the working functions of the executive and legislative branches. It was my responsibility to articulate 

the fiscal and policy needs of our Service, as well as the impact of our budget to 

Congress. While I held this office (1999–2002), economic conditions led to successively lower budgets, requiring tough decisions on the allocation of resources while 

the Coast Guard was suffering from obsolete and worn-out operational assets and 

deteriorating shore infrastructure. Coast Guard leadership was required to focus on 

the fundamental services provided by versatile and adaptable ships, boats, and aircraft with the ability to respond to the range of our mandated day-to-day missions, 

while remaining prepared for uncertain events. Today, we face similar challenges. 

I have taken aggressive steps as the Atlantic Area Commander to allocate resources 

based on sound risk assessment by comparing demands and capability and making 

adjustments based on expected mission performance every quarter. 

Today, I feel even greater dedication to the Coast Guard and our Country than 

I felt on the day I was commissioned. Service is more than a job—it is a vocation 

that obligates us to responsible conduct, accountability, and commitment to the 

Coast Guard’s core values of Honor, Respect, and Devotion to Duty. We are inspired 

to serve by pure and patriotic motives, the rule of law, and have sworn to support 

and defend the Constitution. 

The breadth of operational and leadership experience gained during my career 

has provided me with extremely useful insight into the workings of our government 

and the most meaningful, efficient, and effective ways to serve the American people. 

These skills and experiences, combined with my passion and vision, have prepared 

me to lead the U.S. Coast Guard as Commandant at this critical time in our Service’s history. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

You will find no one more passionate about Coast Guard service, and my passion 

is guided by practical experience. To best lead the Coast Guard, I will call upon my 

experiences at sea as a Commanding Officer of four cutters; as a District ComVerDate Nov 24 2008 14:17 Jan 25, 2011 Jkt 063798 PO 00000 Frm 00020 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\63798.TXT SCOM1 PsN: JACKIE
17 

mander on the Northern Border, working with interagency and international partners; as the Atlantic Area Commander, overseeing over two-thirds of all Coast 

Guard operations; and as Chief of Congressional Affairs and Chief of Staff of the 

Coast Guard, managing all aspects of the Service’s legislative, policy, and budgetary 

programs. 

The Coast Guard must focus on our 11 principal missions, finding efficiencies and 

managing risk in operational areas. As a member of the Coast Guard Leadership 

Council, I have provided detailed operational input to reduce costs in our FY 11– 

16 budget development. The current fiscal environment is an opportunity for the 

Coast Guard to refocus on its value to our Country and our Department. We are 

the world’s best Coast Guard, providing unique services to our Nation. 

I am ready to make the tough decisions that will keep our Service focused on its 

maritime, military, and multi-mission capabilities. To ensure that the Coast Guard’s 

management and accounting controls are transparent, understandable, and 

auditable, I will make a clean CFO Audit one of my top strategic goals, while ensuring that the acquisition, contracting, and financial management expertise required 

to sustain this effort endures well after I turn over the service to a new leader. 

I will also leverage force multipliers such as technology, modeling, and simulation 

to ensure every resource entrusted to us by the public provides the greatest benefit, 

and make finding and eliminating any unnecessary waste or redundancy a high priority. I will partner with agencies within D.S., in the Department of Defense and 

throughout the Federal Government to address issues of mutual concern so that our 

budget is leveraged to ensure success. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

The challenges that we face are as varied as they are demanding. The American 

people and our partners expect clarity of purpose and excellence in our statutory 

missions. Operational excellence is not vague in its meaning; it requires focus, leadership, and the proper tools based on a foundation of professional experience and 

commitment to excellence. 

The top three challenges include: 

1. Balancing our missions 

2. Emphasizing the quality of life of our work force 

3. Working within the resource constraints and current capabilities inherent to 

our service 

I consider balancing our mission sets, based on operational risk, my biggest challenge. There are wide-ranging expectations of our service—from the fisherman off 

shore whose boat is sinking, to the buoy tender ensuring the Maritime Transportation System is well maintained. 

I am committed to providing the best quality of life and opportunity to our work 

force. The men and women of the Coast Guard are our greatest asset. These young 

people are called to duty to serve others at their own peril. Core mission excellence 

depends on our people; we must commit to their health and well-being. We must 

uphold a standard of ‘‘people first’’ that is inclusive of our entire workforce of active, 

reserve, and civilian members. This approach is coupled with the best possible use 

of our 30,000 person Auxiliary, whose volunteer motivation inspires me daily. 

I am dedicated to creating and sustaining a climate that supports racial, cultural, 

gender, and ethnic diversity throughout the Coast Guard. As an active member of 

both the National Naval Officers Association and the Association of Naval Service 

Officers (the African-American and Hispanic affinity organizations), I hear firsthand from members of both organizations about the need to enhance our efforts to 

promote diversity. In response, I have developed a detailed diversity action plan to 

foster the best possible workplace environment for all members of our Coast Guard 

family. 

The Coast Guard has finite resources. I will demand that my operational commanders maintain, allocate, and deploy their resources in a responsible manner. I 

am committed to developing a culture of living within our means. As a service, we 

must provide the best possible value to the American public and the maritime community, with emphasis on excellence, balance, and partnerships. 

While the challenges we face are significant, I know our service is ready and able 

to overcome them. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

18 

Please see my nominee PFDR. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: None. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated: None. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated: None. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

I served as the Chief of Staff, U.S. Coast Guard from 2006–2008. In that capacity, 

I supervised Coast Guard Headquarters staff who advocated for Coast Guard legislative, appropriations, and policy agendas with Congress and government stakeholders. 

I served as the Chief, Office of Congressional Affairs for the Coast Guard 1999– 

2002. In that capacity, I was the Commandant’s direct representative for advocating 

Coast Guard legislative, appropriations, and policy agendas with Congress and government stakeholders. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

I will obtain advice from a Coast Guard ethics official and follow that advice. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain:No—Not 

Applicable. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No—Not Applicable. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain: No—Not Applicable. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No— 

Not Applicable. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No—Not Applicable. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination. 

I have nothing else to add at this time. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

19 

RESUME OF VICE ADMIRAL ROBERT J. PAPP, JR. 

Objective 

Commandant, United States Coast Guard 

Summary 

Over 34 years of active military service and experience in Coast Guard operations, 

budgetary and policy development, personnel and resource management, and congressional and maritime partnership with a proven track record of achieving the 

highest levels of productivity and efficiency. An experienced leader and program 

manager with exceptional organizational, financial, communications, and people 

skills. 

Family 

Married 33 years to Linda Kapral Papp formerly of East Lyme, CT, and a retired 

educator. Three daughters: Lindsay (Papp) Sher, MD, Georgetown University Hospital; Caitlin Papp, a Fairfax County teacher; Jillian Papp, employed in the Office 

of the Inspector General, DHS. 

Work History 

2008 to Present, Commander, Coast Guard Atlantic Area, Portsmouth, VA 

Responsible for roughly 2/3 of the Coast Guard’s operations, people, and resources. Operational commander for all Coast Guard missions within the eastern half of the world, from the Rocky Mountains to the Arabian Gulf, spanning 

an area of responsibility that includes five Coast Guard Districts, 42 states with 

over 14 million square miles. Leads over 51,000 military and civilian employees 

and Auxiliarists. 

2006 to 2008, Chief of Staff of the Coast Guard, Coast Guard, Headquarters, 

Washington, D.C. 

Led, managed, supervised, and served as commanding officer for all of Coast 

Guard Headquarters and its units for 2 years. Supervised the performance of 

all Assistant Commandants and oversaw all management (fiscal, policy, and 

personnel) functions for the entire Coast Guard. Provided daily oversight of resource issues, close-out of FY06 appropriation, Congressional Stage and execution of FY07 and FY08 budgets, and submission of FY09 budget. Served as witness for FY09 budget hearing before CG&MT subcommittee. Duties now being 

performed by the Vice Commandant after Modernization changes. 

2004 to 2006, Commander, Ninth Coast Guard District, Cleveland, OH. 

Operational commander over a region spanning 6,500 miles of shoreline and 

1,500 miles of international border with Canada providing search and rescue, 

marine safety and environmental protection, maritime law enforcement, aids to 

navigation and icebreaking services. 

Designated by the Secretary of the Department of Homeland Security to serve 

three times as a Federal Coordinator: The Iraqi elections in Dearborn, MI; 

Major league baseball’s 2005 All Star Game held in Detroit, MI; and Super 

Bowl XL held in Detroit, MI. 

2002 to 2004, Director of Reserve, Training, and Leadership and Diversity Staff 

Coast Guard Headquarters, Washington, D.C. 

Served as Director of the Coast Guard Reserve and a member of the Reserve 

Forces Policy Board, charged with developing policies to recruit, train, allocate, 

and support over 8,000 Coast Guard Reservists. Supervised Leadership and Diversity Staff in developing training and policy direction for the Commandant. 

1999 to 2002, Chief of Congressional Affairs and, Deputy Chief of Staff of the 

Coast Guard, Washington, D.C. 

Final staff assignments before making Flag rank. 

Previous Assignments Afloat 

Fourteen years of sea duty in the Bering Sea, Gulf of Alaska, Pacific, Atlantic, 

Caribbean, and Gulf of Mexico, including service aboard six Coast Guard Cutters and commanding the Coast Guard Cutters RED BEECH, PAPAW, FORWARD, and the Coast Guard’s training barque, ‘‘America’s Tall Ship’’ EAGLE, 

visiting 16 foreign countries as a goodwill Ambassador. 

Served as the task unit commander of Coast Guard cutters, patrol boats, and 

aircraft during Operation ABLE MANNER off the coast of Haiti in 1994, enforcVerDate Nov 24 2008 14:17 Jan 25, 2011 Jkt 063798 PO 00000 Frm 00023 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\63798.TXT SCOM1 PsN: JACKIE
20 

ing United Nations sanctions. Additionally, the task unit augmented U.S. Naval 

Forces during Operation UPHOLD DEMOCRACY, the mission to restore President Aristide to power. 

Previous Assignments Ashore: 

Commandant of Cadets staff at the U.S. Coast Guard Academy (New London, 

CT). 

Aids to Navigation staff in the Third Coast Guard District (New York, NY). 

Chief of the Capabilities Branch in the Defense Operations Division (Washington, D.C.). 

Chief of the Fleet Development Team (Program manager for the buoy tender 

fleet acquisition—Washington, D.C.). 

Director of the Leadership Development Center (New London, CT). 

Chief of the Coast Guard’s Office of Congressional Affairs (Washington, D.C.). 

Deputy Chief of Staff of the Coast Guard (Washington, D.C.). 

Education 

B.S. Management, U.S. Coast Guard Academy, 1975. 

M.A. Strategic Studies, U.S. Naval War College, 1990. 

M. S. Management, Salve Regina College, 1990. 

Awards and Honors 

Military awards include the Coast Guard Distinguished Service Medal, Legion 

of Merit (four awards), Meritorious Service Medal (two awards), Coast Guard 

Commendation Medal (three awards), Coast Guard Achievement Medal, and 

Commandant’s Letter of Commendation Ribbon. 

Inducted into the Reserve Officers Association Minuteman Hall of Fame in recognition of dedicated service to the Nation in support of the U.S. Coast Guard 

Reserve. 

Presented the Distinguished Public Service Award by the National Maritime 

Historical Society in 1998 for service as the Commanding Officer of the Coast 

Guard Cutter EAGLE. 

Presented with the ‘‘2005 Native Son Award’’ by his home town of Norwich, 

Connecticut. 

13th Gold Ancient Mariner of the Coast Guard, an honorary position held by 

an officer, with the earliest date of qualification as a Cutterman and over 10 

years of cumulative sea duty. Charged with keeping a close watch to ensure 

sea-service traditions are continued and the time-honored reputation of the 

Coast Guard is maintained. 

Affiliations 

U.S. Coast Guard Academy Alumni Association 

U.S. Naval Institute 

National Maritime Historic Society 

New York Yacht Club 

Reserve Officers Association 

Military Officers Association of America 

Association of Naval Service Officers 

National Naval Officers Association 

Foundation for Coast Guard History 

Surface Navy Association 

Security Clearance 

Top Secret/SCI (updated August 2008) 

Senator CANTWELL. Thank you, Vice Admiral. 

Let us start with the Deepwater Program—and we appreciate 

your wife being here and your fellow coworkers who have been so 

supportive of your career. One of the major issues with the Coast 

Guard and the Deepwater Acquisition Program was the fact that 

the Coast Guard exempted them from the good governance process 

21 

outlined in the Coast Guard’s own Major Systems Acquisition Manual. 

Will you commit that, if confirmed, the acquisitions that happen 

under your tenure as Commandant will follow the Coast Guard’s 

Major Systems Acquisition Manual? 

Admiral PAPP. Yes, ma’am. In fact, we are going back under the 

MSAM, the Major Systems Acquisition Manual. We are going back 

and correcting some of the shortfalls we have had, particularly in 

the fast response cutter. And our next major project being the Offshore Patrol Cutter, the OPC, we are taking strict compliance with 

that, and any new projects we take on will be in strict compliance 

with the MSAM. 

Senator CANTWELL. If confirmed as Commandant, will you commit to embracing and enforcing the acquisition principles in reform 

legislation S. 1194 that is passed out of this committee? 

Admiral PAPP. Yes, ma’am. And in fact, we appreciate your stewardship and your constant oversight. I think, oftentimes, we have 

well-intentioned people within the Coast Guard, but I, in particular, having served up here, understand the need for constant 

oversight and sort of, from time to time, holding our feet to the fire. 

So we appreciate your oversight in this matter, and we appreciate 

the legislation that is going forward. 

Senator CANTWELL. What steps will you take as Commandant to 

make sure that the cost estimates for the future offshore patrol cutter acquisition are reasonable, accurate, and transparent? 

Admiral PAPP. Madam Chair, I go back to OMB Circular A–123, 

and in that, it says one of the most important aspects of acquisition 

oversight is a commitment from leadership and clear and strong 

ethical leadership. I am committed to giving that leadership, and 

I have taken a personal interest in the offshore patrol cutter, having a chance to review the operational requirements that we are 

going through right now to make sure that is a ship that, first of 

all, will be designed and built according with the MSAM, that it 

will be affordable—nothing more than we need, but nothing less 

than we need—and that we will work and have fair and open competition to make sure that we get the best price for it. 

Senator CANTWELL. You mentioned the National Security Cutter. 

Will you seek outside expertise to validate that the Coast Guard 

is getting a fair price for these ships? 

Admiral PAPP. I think that that is a critical part of everything 

that we do is get an outside analysis of any of our costs. I am tremendously concerned about the cost growth that we have experienced, but we have taken great strides right now with we are currently under negotiations with Northrop Grumman for Hull Number 4 on a fixed-price contract. And I think as long as we have a 

constant funding stream and can depend upon predictable funding 

in the out-years, we should be able to keep those costs down. 

Senator CANTWELL. Funding was never the problem. In fact, the 

fact was that we had a blank check given to the Coast Guard and, 

as you said, the MSAM manual thrown out the door. 

So just one more question, and then I will turn it over to my colleagues. I am sure they have questions as well. The issue of a Lead 

System Integrator. Are you committed to completely end the use of 

22 

private sector lead system integrators for the Coast Guard acquisition? 

Admiral PAPP. Madam Chair, absolutely. In fact, we are almost 

extracted from using outside sources for the LSI right now. It has 

been a very rigorous and challenging process for us to get the Coast 

Guard in a position where we can take over as lead system integrator for all our projects. And as soon as we have the contractual 

arrangements that we have with Integrated Deepwater Systems 

expire, within about a year or so, I believe, we will have taken that 

on completely. 

Senator CANTWELL. Thank you. 

Senator Snowe, do you have questions? 

Senator SNOWE. Yes. Welcome, Admiral Papp. 

In reference to my earlier remarks regarding the budget and this 

reduction of $340 million over the Fiscal Year 2010, which is really 

the first reduction that the Coast Guard has experienced since 

2001, since 9/11. So it does represent a significant reduction, given 

the multi-mission agency that the Coast Guard represents. 

So it will include a reduction of more than 1,100 in personnel. 

You will have fewer ships in 2011, fewer aircraft, fewer port security units, and obviously, fewer personnel. So, given all these reductions, how can you perform the same missions at the same level 

with the exceptional demands not only for fishery enforcement, 

search and rescue, humanitarian missions—as I mentioned earlier—homeland security issues. Certainly, across the spectrum, you 

have had numerous challenges. 

And obviously, the unforeseen, the unpredictable, as we saw with 

the earthquake in Haiti, for example. A few years ago, Hurricane 

Katrina. So how do you intend to proceed with this budgetary cut? 

Admiral PAPP. Thank you, Senator. 

That has been my life for the last 2 years. When you are responsible for two-thirds of the Coast Guard’s operations worldwide and 

you have finite resources, we have a process that we go through 

called a standard operational planning process that takes strategic 

guidance from headquarters and program goals, transmits them 

down to me as the operational commander. I take my finite resources and apply them across all the various claimants in the programs—for instance, to the five district commanders, to 

SOUTHCOM, and JDIF South—to distribute those ships. 

We also—from time to time, we have had basically a de facto decommissioning the last 2 years because my two major cutters that 

I have, GALLATIN and DALLAS, were in such bad shape we had 

to lay them up in the shipyard in Charleston, South Carolina, for 

nearly a year and a half. So I was down two ships, and our planning process allows us to adjust the remaining ships across the 

various mission sets, and the adaptability of those ships allows us 

to conduct the missions. 

We have experienced great budget growth over the last 8 years. 

I am hopeful that the Fiscal Year 2011 budget is just a minor 

course correction that will allow us to get back on track in the outyears. And I think right now we have made a reasonable tradeoff 

in the budget to be able to continue to buy new ships, decommission some of the older ones that are getting very, very costly for 

23 

us to maintain, and I think we will be able to continue to meet all 

our mission demands and goals this particular year. 

But what we will be faced with is we won’t have that cushion. 

We won’t have that bench strength to fall back on if there is some 

unplanned, unexpected event, or if, for some reason, we have major 

casualties on any of our ships or aircraft. 

Senator SNOWE. Yes. So you really will be challenged beyond this 

year. Even with this reduction, you may well be, too, given the 

state of the fleet and very little latitude. There is not much room 

for fiscal maneuverability in your budget given the inordinate demands. 

Admiral PAPP. Senator, what I think we can’t afford to do is in 

this particular year, we are decommissioning 4 of our 378-foot cutters. We have brought on the two National Security Cutters, and 

in fact, the Congress has paid for two more crews for two followon cutters. What we can’t afford to do is decommission four and 

bring on two. If we decommission more next year and we only get 

one more national security cutter, obviously, we are going to dig 

ourselves into a deeper hole. 

Senator SNOWE. Well, I think it brings me to the question of 

whether or not we should accelerate the acquisition process. Is it 

possible to do that? 

Admiral PAPP. In the short term, no. But I think on a reasoned 

plan—I think part of the challenge that we have is having a 5-year 

plan where both the contractors and the Coast Guard can plan out 

and adjust all our acquisitions. The problem is if we have variations from year-to-year, we end up having to diminish or reduce 

the numbers of certain of our acquisition products, whether it is 

boats or ships, which then throws an unpredictability that the contractors will then raise prices because of uncertainty and increased 

overhead and the increase in prices for getting long lead items, et 

cetera. 

Senator SNOWE. Have you examined the whole question of the 

acquisition process now that the Coast Guard is going to be assuming it, taking over from the lead systems integrator? 

Admiral PAPP. Yes, ma’am. In fact, my involvement actually goes 

back about 4 years when Admiral Allen brought me in as the Chief 

of Staff, and we started experiencing these problems with Deepwater. I brought in then-Rear Admiral John Currier, who was 

Chief of Acquisitions at the time. We brought in the Defense Acquisition University, two professors. And in fact, John Higbee, one of 

them, is now at the department as the Director of Acquisition Program Management for DHS. 

I tasked Admiral Currier with coming up with a blueprint for acquisition reform. We are in about our fourth version of that right 

now, and in fact, Admiral Currier is now back as Vice Admiral 

Currier and as our Deputy Commandant for Mission Support and 

overseeing that program. And hopefully, pending confirmation 

here, I will make him part of the senior leadership team so we can 

continue that oversight of improving our acquisition program. 

Senator SNOWE. The GAO testified before a House committee in 

April of last year, saying that 16 percent of the acquisition personnel were vacant within the Coast Guard. Is that still true? 

24 

Admiral PAPP. No, ma’am. We have reduced that down to about 

10 percent right now. We are challenged, just as every agency in 

the area is challenged, for acquisition professionals. They are in 

high demand. Yet we have done pretty good. We are up now within 

the Acquisition Directorate to 950 people with just around a 10 

percent vacancy rate, both on the military and civilian side. 

And it is not just filling billets as well. We have 630 people within there that have achieved at least Level 1 acquisition certification. And I think our personnel are doing very good. There are 

a few personnel management tools that we are looking at that 

might help us out, like direct hiring, that would help us to continue 

that and other incentives. But we are doing very strong right now. 

Senator SNOWE. Thank you. 

Senator CANTWELL. Thank you. 

Senator Isakson, do you have questions? 

STATEMENT OF HON. JOHNNY ISAKSON, 

U.S. SENATOR FROM GEORGIA 

Senator ISAKSON. Thank you, Madam Chairman. 

Admiral, welcome. I appreciate your visit to my office the other 

day. 

Admiral PAPP. Good morning, Senator. 

Senator ISAKSON. I have really two questions. One, the President’s budget, when it was released in February, first, cut the corps 

by about—the Coast Guard by about $75 million, if I am not mistaken. And it portends it will move the St. Marys, New Orleans, 

San Francisco, New York MSST units to someplace else. Being that 

St. Marys is in Georgia, and I think it is a wonderful location for 

that type of a team, I am wondering what is your feeling about 

that recommendation, number one? 

And understanding also that they are deployable assets, is there 

some deployment reason for moving them? Or what would be the 

reason for moving them? 

Admiral PAPP. Senator, what we are doing is in the Fiscal Year 

2011 budget, we actually proposed to cut 5 of the 12 MSSTs. One 

of those, of course, being in Kings Bay, Georgia. I have been 

down—we have had experience now for 6 years with the MSSTs. 

They were a unit that was not in the Coast Guard before September 11th, and they were created afterwards with a plan. But 

now we have had a chance for 6 years to see how they operate, see 

how we are using them, and we have determined that as part of 

our reassessment of our capabilities, reorganizing and perhaps regionalizing a little bit more, we can make use of the seven remaining ones a little bit better. 

The other thing we look at as well is what other resources are 

available? For instance, in Kings Bay, and I went down there personally last year to inspect the process for escorting the submarines in and out of the base. The MSST got there early, 6 years 

ago, and we were using them for security operations. We now, 

through the Navy, we have actually got the Navy to resource paying for Coast Guard patrol boats and Coast Guard people to create 

something called the Maritime Force Protection Unit. 

And that is something that didn’t exist 6 years ago. It is very expensive, but the Navy is paying for it, and it gives us that added 

25 

measure of security that makes the MSST in Kings Bay almost redundant at this point. 

And the fact of the matter is that MSST was used for deployments all over the country and was not always there. So in trying 

to balance out regionally and also look at what other resources do 

we have to take care of our responsibilities locally, that was an appropriate reduction at that location. 

Senator ISAKSON. So you will be sharing those—closing those 

units and sharing those assets with the seven remaining units. You 

are not moving those five units to create a new unit somewhere? 

Admiral PAPP. That is correct. Yes, Senator. 

Senator ISAKSON. Second, and I mentioned this to you when we 

met before, but it is my understanding there has been a member 

of the House that has proposed legislation that would change the 

selection process for the Academy to one of a nomination process 

from Congress versus the current situation that you have. The 

Coast Guard people that I know—and one of my partners in business years ago was a Coast Guard man, and he called me on that 

issue. And they seem to be pretty universally—the alumni of the 

Academy—in opposition to that. I wonder if you had a position on 

that? 

Admiral PAPP. I do, Senator. And thank you for giving me that 

question. 

I think that our cadet candidate process has worked well for well 

over 100 years. This is always awkward to come up here and say 

that we don’t need Congressional appointments. But the fact of the 

matter is we have had a very competitive program that has 

brought good candidates into our Academy for many, many years 

with the absence of Congressional appointments, and also it is a 

very small place. We bring in usually about 300 people a year. 

The reason this has become an issue and the reason that I am 

concerned about it as the potential Commandant is we have had 

difficulty moving the needle on increasing our diversity at the 

Coast Guard Academy. Unfortunately, we still remain predominantly white male. We have made great progress in women. We are 

up to about 30 percent women. But Hispanics, African Americans, 

Asians, and other ethnic categories we just haven’t done that well. 

I think the House effort was a well-intentioned way of trying to 

come up with increasing diversity through using Congressional appointments. While I appreciate the interest, the oversight, and the 

suggestion, I think that by taking recruiting and getting out into 

communities that we have not necessarily been before, we could do 

better in terms of bringing in and increasing the diversity that we 

need. 

So we appreciate the support and the oversight. I think we need 

to do the work on our side to get out into those communities where 

we can get those diverse candidates so that we can drop down any 

barriers for entry to the Coast Guard Academy and increase the diversity of our service. 

Senator ISAKSON. Well, thank you for that answer. 

And just one final comment. I had the occasion 2 years ago to 

visit the Coast Guard unit at the Port of Savannah and actually 

fly out with them to the outer marker on a check of a cargo ship 

coming in that didn’t have a known shipper manifest on it. 

26 

And I don’t think the public has as much appreciation as they 

should for the job the Coast Guard is doing at our most critical 

points, and that is the ports around the country, which would be 

a natural place for someone that wanted to do some harm to do it. 

I just wanted to tell you I was extremely impressed with the capability and the professionalism and the work that those men and 

women were putting in to protect the Port of Savannah, which I 

am sure is the same they do for Jacksonville and Charleston and 

New York. So I just wanted to compliment you on that. 

Admiral PAPP. Thank you, Senator. 

Senator ISAKSON. Thank you. 

Senator CANTWELL. Senator LeMieux? 

STATEMENT OF HON. GEORGE S. LEMIEUX, 

U.S. SENATOR FROM FLORIDA 

Senator LEMIEUX. Thank you, Madam Chair. 

Welcome here today, Vice Admiral. Good to see you again. 

Admiral PAPP. Good to see you, Senator. 

Senator LEMIEUX. A couple of introductory remarks. First of all, 

as the State in the union besides Alaska with the longest coastline, 

we deeply appreciate the work that the Coast Guard does. With the 

State with the most boaters, we know the important work that you 

do. You are such an essential part of Florida. So thank you for the 

good work that the men and women of the Coast Guard do. 

Second, I want to commend the Coast Guard on the work that 

you did in Haiti. You were among the first there, and we had an 

opportunity, when the earthquake happened, to be in Miami and 

to work with your staff in making sure that those cutters got there 

as quickly as possible. And I know they did and continue to do extraordinary work. So thank you for that. 

For my questions, I want to focus on something that has already 

previously been discussed by Senator Snowe, and that is the cuts 

in the proposed budget. And specifically of the $350 million cut, I 

want to speak about the cut to the counternarcotics effort. The administration’s proposal achieves savings by cutting the amount of 

narcotics the Coast Guard will have as a goal for interception from 

18.5 percent to 15 percent. 

Now as you know, I am very interested in the work that you do 

and the work that you do out of JIATF South, out of Key West, in 

stopping the interdiction of narcotics, fighting the movement of 

narcotics into our country. So I want you to speak as to whether 

or not you feel you can continue to fulfill that specific mission with 

these cuts. 

Admiral PAPP. Senator, yes. For this year, we can. As I said, in 

the Atlantic Area, we are going to see no reductions in ships on the 

Atlantic side. The Pacific Area side, we will be able to adjust because of the two National Security Cutters that will be operating 

out there, and I think for this next year, we have the resources to 

be able to keep our performance up in the counterdrug mission. 

I have been doing this for 2 years. I have been adjusting ships 

down there to try to achieve the results, and we will continue to 

do that. I have also—if confirmed, I also have a secondary role, a 

collateral duty, I would say, which is Director of the Interdiction 

Committee. And I have had a chance to meet with the Interdiction 

27 

Committee and with Director Kerlikowske of ONDCP. I know that 

the standards for interdiction and the transit zone are constantly 

being looked at and adjusted. 

I haven’t seen the final determinations on that, but at least at 

the last TIC meeting, we were intent on increase our interdictions 

each year. That becomes increasingly challenging because of the 

changing methods of the drug smugglers, but we are adapting our 

tactics at the same time. And there are ways even with fewer 

ships, through better intelligence and putting armed helicopters 

out there and other tactics, that we can keep our productivity up. 

Senator LEMIEUX. I am glad you mentioned helicopters. My next 

question to you was do you have all the tools you need to do this 

job? Do you need more armed helicopters? Do you need more resources, like night vision goggles? Tell us what you need to do the 

best job you can. 

Admiral PAPP. We are doing very well on our helicopter program, 

and we also get support from the Navy. I talk in my goals about 

strengthening partnerships. One of our longest, most-enduring 

partnerships is with the United States Navy, and we put law enforcement teams both on their ships, and we also put tactical gunners in their helicopters. So they are a force multiplier for us. 

Right now, they are restricted to daytime use, but we are going 

to provide the training to the Navy so we can use them for nighttime use as well. 

We currently have the resources we need. Helicopter interdiction 

squadron down in Jacksonville is providing a good product. We 

generally have three to four of those helicopters deployed at any 

one time, and I would say we have the resources for that mission 

we need right now. 

Senator LEMIEUX. I just want to conclude this piece by commenting on the fact that we are all reading the newspapers about 

the violence in Mexico with the drug cartels. I recently had a trip 

to Colombia, and we have a wonderful partnership with the Colombian government trying to stop the movement of narcotics, specifically cocaine, out of Colombia up through Central America. And 

you all play a critical role in that, along with the Navy and our 

other law enforcement partners, DEA and others. 

And I want to mention to you something that I mentioned to Admiral Olson, General Petraeus and General Fraser, and that is— 

and I think we talked about this, but I want to say it for the benefit of the Committee—I have a growing concern about Venezuela. 

There are recent reports of Venezuela conspiring with Spanish extremists to kill President Uribe. A Spanish judge has put that allegation forward. 

We know that Hezbollah and Hamas are in Latin America. We 

know that Iran is trying to project its influence, and I am worried 

that it is not going to just be counternarcotics that are being trafficked through those routes. So I want to make the point to you 

and to this committee that we continue to focus on the problems 

that we are having in that region. And I think the work that you 

and the Coast Guard do is critical to that. Would you care to comment on that? 

Admiral PAPP. Thank you, Senator, I would. 

28 

I agree with you. I think our Colombian partners are really heroic in terms of what they are doing. In my capacity as the Atlantic 

Area commander and also the Commandant, Admiral Allen, we attend the International Sea Power Symposiums. We have worked 

with the Colombian CNO. The Coast Guard ends up being the de 

facto Navy for SOUTHCOM. SOUTHCOM, while they have the 

Fourth Fleet, doesn’t often have many ships assigned to it. So we 

are the fleet for SOUTHCOM, working for JDIF South. 

And I think that the Coast Guard can play a more significant 

role in terms of providing stability, rule of law, an example for an 

area of the world that sometimes we forget about a little bit. I can 

recall pulling into Venezuela probably 10 years ago with my Coast 

Guard cutter, and at that time, they were our big partners and we 

were having problems with Colombia. 

So I think we need to sustain an effort in the Caribbean with 

Central and South America. And also another point you brought up 

in terms of the border. Constant work in the interdiction zone 

needs to be done because once those drugs get ashore in Mexico, 

they are going to come across our border at some point, and that 

is where all the violence is occurring. 

But if we clamp down on the violence on the border, which we 

probably should, they can expand out to the maritime as well. And 

we need a Coast Guard presence in the maritime, working with our 

Mexican partners, to make sure that we cutoff that avenue as well. 

Otherwise, they will just go out and around the border. 

Senator LEMIEUX. Thank you, Vice Admiral. 

And thank you Madam Chair. 

Senator CANTWELL. Thank you. 

Senator Klobuchar? 

STATEMENT OF HON. AMY KLOBUCHAR, 

U.S. SENATOR FROM MINNESOTA 

Senator KLOBUCHAR. Thank you very much, Madam Chair. 

Greetings, Vice Admiral. 

Admiral PAPP. Good morning, Senator. 

Senator KLOBUCHAR. Congratulations on your nomination. We 

are going to go on a little journey from the waters of Mexico and 

South America to the lakes of Minnesota. 

But before we get there, I did want to note that Senator LeMieux 

and I both went to Haiti and were, again, impressed—I want to reiterate what he said—with the work the Coast Guard did there. 

And we are also grateful for the work of the Coast Guard’s Ninth 

District, which has jurisdiction over the Great Lakes and northern 

Minnesota lakes, and the Eighth District, which works to address 

our shipping needs on the Mississippi River and across southern 

Minnesota as well. So thank you for that work. 

So here we go. We have an issue that may not be on your radar 

screen, but I was shocked when I was in northern Minnesota this 

past summer and through the fall when I would go to our smaller 

towns up there, which are very tourism-based, how much they 

brought up the Coast Guard and not always in a positive way. And 

I think there may be a way to resolve this problem, but they are 

fearful. And let me explain why. 

29 

First of all, as you know, our committee has been very focused 

on tourism. One out of eight Americans are employed in tourism 

in this country. We just passed the Tourism Act, which is going to 

help us to bring in foreign tourists, including some that come to 

northern Minnesota from Canada and elsewhere, and also going to 

help us to move the visas faster so that we can buildup our tourism 

market. We have lost a huge market share to other countries in the 

world, and so we want to change that. 

So let me just read this article for you that was in the St. Paul 

Pioneer Press, and I have another one from the Ely Timberjay that 

I will submit for the record. 

[The information referred to follows:] 

Pioneer Press, St. Paul, Minnesota, December 16, 2009 

STRICT COAST GUARD LICENSE RULES THREATEN MINNESOTA OUTFITTERS, FISHING

GUIDES: FEDS DUSTING OFF 40-YEAR-OLD SET OF STRICT REQUIREMENTS

By Chris Niskanen 

As a canoe outfitter at the edge of the Boundary Waters Canoe Area Wilderness, 

Blayne Hall has seen his business ravaged by windstorms and challenged by wilderness lawsuits and regulations. 

His latest nemesis: the long arm of the U.S. Coast Guard. 

Hundreds of Minnesota fishing guides, outfitters and tour operators are facing expensive safety regulations enforced by the U.S. Coast Guard that include, among 

other things, random drug testing. 

The Coast Guard has notified Minnesota commercial outfitters and guides that 

unless they have a Federal ‘‘Six Pack’’ license, they no longer can operate their 

small boats on federally navigable waters, such as the Mississippi River, the St. 

Croix River or many lakes in northern Minnesota. 

It includes some waters in the BWCAW, where small operators such as Hall use 

motorboats to shuttle canoeists and where local guides show anglers where to catch 

fish. 

The Six Pack license requires commercial boat operators to pass a lengthy test 

on navigation and boat safety; have CPR certification; pass a physical and health 

examination; prove they have three to 12 months of on-water boating experience; 

submit three personal references; and pass a drug test. They also must be 18 years 

or older. 

Boat operators and guides also are required to have a Transportation Worker 

Identification Credential, or TWIC, which requires a background check called a Federal ‘‘security threat assessment’’ to ensure operators aren’t a threat to secure harbors. 

To Hall, the requirements sound not just absurd, but like a serious blow to his 

business. 

‘‘The Ely community is absolutely petrified by this,’’ said Hall, owner of Hall and 

Williams Outfitters on Moose Lake and president of the Ely Area Tourism Board. 

‘‘I have high school kids who drive towboats up and down the lake all summer. 

Are they going to make them pee in a bottle?’’ 

The licenses and drug and physical testing cost about $600, but most applicants 

have to take a special course costing $700 to $1,000 to prepare for the Six Pack test. 

Dick ‘‘Griz’’ Grzywinski, of St. Paul, a well-known fishing guide, was ordered off 

local rivers last summer by the U.S. Coast Guard and told to get a Six Pack license. 

He signed up for the class this fall and studied a 350-page textbook but failed 

the test in November. 

‘‘I can’t pass it. My living is shot,’’ Grzywinski said Tuesday. ‘‘The test asks you 

questions like, ‘How many green lights are there on a mine sweeper?’ I guess there 

are three.’’ 

A U.S. Coast Guard spokesman said the Six Pack license requirement, which applies to commercial boat operators with six or fewer passengers, has been on the 

books for 40 years but hasn’t been widely enforced until now. 

The TWIC requirement became law last spring. 

U.S. Rep. Jim Oberstar, D-Minn., is chairman of the House Transportation and 

Infrastructure Committee, which oversees the Coast Guard. 

30 

Oberstar spokesman John Schadl said the Congressman’s staff has met with 

Coast Guard officials to devise a new, less stringent licensing requirement for smallboat operators. 

Schadl said the new license should be inexpensive and not require guides and 

boat operators to travel a long distance to get it. 

‘‘I believe the current proposal is being reviewed in the D.C. (Coast Guard) headquarters,’’ Schadl said. ‘‘They (the Coast Guard) have the ability to make these rules 

practical and workable. 

‘‘We’re hoping something will be out soon. Certainly, we want this resolved by 

spring for the fishing season,’’ he said. 

Coast Guard officials say the licensing requirement is to protect the public. 

‘‘The Coast Guard’s primary goal is to ensure the safety and security of people 

using U.S. navigable waters,’’ Lt. Dave French said in an e-mail. He is a spokesman 

for the Coast Guard’s 9th district, based in Cleveland, which oversees northern Minnesota. 

French acknowledged that the Coast Guard is looking at less onerous licensing 

options for fishing guides and boat operators. ‘‘We intend to work as quickly as possible on this,’’ he said. 

The rules are being enforced on the Mississippi, St. Croix and Minnesota rivers, 

as well as the lakes connected to the Mississippi, such as Winnibigoshish. Other 

waters that are considered federally navigable include Lake of the Woods, Upper 

Red Lake, Lake Vermilion, Gull Lake, the Whitefish Chain and Lake Mille Lacs. 

Tom Neustrom, a fishing guide based in Grand Rapids, said he fears the Coast 

Guard will crack down on fishing guides this spring, giving little time for anyone 

to get a license. 

‘‘We’d be out of business,’’ he said, adding that in 32 years, he has never heard 

of an accident involving a fishing guide in northern Minnesota. 

Hall held an emergency meeting of the Ely Outfitters Association on Tuesday to 

talk about the requirements. About 25 business owners, guides and outfitters 

showed up. Hall said he and others left the meeting worried that the Coast Guard’s 

solution still might force some operators out of business. 

He said outfitters have been in contact with Oberstar’s office. 

‘‘They make (the new proposal) sound like a lollipop, but the devil’s in the detail,’’ 

Hall said. He added that outfitters and their craft are either regulated or inspected 

by the U.S. Forest Service, Homeland Security, the Minnesota Department of Natural Resources and the county sheriff’s office. 

‘‘Now we’re going to have the U.S. Coast Guard and guys with machine guns on 

our lakes?’’ Hall said. ‘‘This just sends shudders through our community.’’ 

Ely Timberjay, November 3, 2009 

COAST GUARD TO STEP UP ENFORCEMENT ON MANY AREA LAKES

By Marshall Helmberger 

Coast Guard officials in Duluth say they’re planning a major enforcement effort 

on federally-navigable waters throughout the border country, and the fallout to local 

outfitters, fishing guides and others who carry passengers for hire could be significant. 

Word of the Coast Guard’s push was made official this week during a lightly-attended meeting in Tower. Mike Lebsack, commander of the Coast Guard’s Marine 

Safety Unit in Duluth told a small group of area fishing guides that they will be 

subject to Federal licensing and other requirements if they operate on federally-navigable waters. That designation includes all of the big border lakes, such as Basswood, Crane, La Croix, and Namakan, as well as Lake Vermilion and Moose Lake, 

near Ely. 

According to Lebsack, the enforcement push is part of an effort to ensure the safety of visitors to the area. ‘‘I think we all want the same things for our visitors,’’ said 

Lebsack. ‘‘We want them to have a safe and memorable trip to northern Minnesota.’’ 

The planned Coast Guard initiative isn’t the result of any new laws. ‘‘Most of 

these regulations have been on the books since 1968,’’ said Lebsack, who noted it 

was a lack of resources that prevented effective enforcement in the past. But in the 

wake of some prominent fatal accidents in other parts of the country in recent 

years, Congress appropriated more funding for enforcement, said Lebsack. ‘‘This is 

happening all across the country. It’s got high level support within the Coast Guard 

and it’s not going away,’’ he added. 

While few would dispute the stated goal of the Coast Guard’s efforts, there is already plenty of criticism of their approach. ‘‘I’d say fifty percent of the guides on 

31 

Vermilion are totally against it,’’ said Cliff Wagenbach, of Cliff’s Guide Service, who 

works mostly on Lake Vermilion. ‘‘I think some others are for it, because they think 

it will eliminate some of the competition.’’ 

Some guides are already worried they could be among those operators forced out 

of business. Terry Sjoberg, who operates Ace Guide Service, and gets around with 

the assistance of a cane, worries whether he could pass the required physical or 

whether he’s mobile enough for the mandatory CPR training. 

Those requirements are just two on a laundry list of steps that operators will need 

to take to obtain a Federal license and identification card. All boat operators will 

now have to pass a training course, a background check, and a drug screening. They 

also must be enrolled in a random drug and alcohol testing program. 

Completing the list won’t come cheaply. A Coast Guard document indicates the 

required training course will cost $750, while the obtaining a federally-issued identification card runs $132.50. In addition, operators will also need to pay for drug testing, physicals, and CPR and first aid training. All together, it’s likely to run $1,200 

to $1,300 said Sjoberg, The license is good for 5 years, which reduces the annual 

cost, but Sjoberg says it’s enough expense and hassle that some of the part-time 

guides may just give it up. 

Wagenbach agrees. ‘‘It will eliminate a lot of guides, or make crooks out them,’’ 

he said. 

Towboats a special challenge 

If fishing guides are concerned, the outlook for towboat operators could be even 

more problematic, since most rely heavily on high school and college students to operate their boats during the three-month summer season. Blayne Hall, of Williams 

and Hall Outfitters on Moose Lake, said the impact of requiring each of those students to obtain Federal licensure and be enrolled in drug testing programs would 

be enormous. ‘‘If this does happen, it would be the most ridiculous affront to the 

people of the area,’’ he said. ‘‘I can not imagine these guys really wanting to fight 

this battle.’’ 

Hall questions whether the Coast Guard understands how burdensome the new 

regulations could be. ‘‘They want a college kid who runs a boat up and down the 

lake with canoes to have the same licensure as someone captaining a fishing trawler 

in the Gulf of Mexico. It would sure be a huge economic impact to the area.’’ Hall 

notes that the Coast Guard has made similar enforcement pushes in the past, only 

to suspend their plans in the face of a host of political and logistic pitfalls. 

Ely Mayor Roger Skraba said he doesn’t think that’s the case this time. ‘‘The 

Coast Guard is not going to back down,’’ he said. ‘‘I want my constitutents to understand that this is for real.’’ Skraba said he’s asked the Coast Guard to hold a second 

informational meeting in the next few weeks, in Ely, to get the word out to more 

affected business owners. 

Skraba said operators will either have to adapt to the new regulations or fight 

for changes. ‘‘Maybe now we need to get Sen. Klobuchar and Franken and Congressman Oberstar in a room and get some changes made. ‘‘We want the public to know 

it’s going to be safe, but it’s unrealistic to impose standards designed for ocean travel,’’ he said. 

Lebsack said the Coast Guard isn’t trying to put people out of business, and he 

said he plans to work with operators to help them comply with the laws. ‘‘There 

is some room in the rules for relief for some special situations,’’ said Lebsack. ‘‘I understand it’s difficult, there’s just no way around it,’’ he said. 

Both Lebsack and Skraba said they will work toward establishing the required 

training courses at Vermilion Community College to make it more accessible to operators in the Ely and Tower area. 

Penalties could be severe 

While the expense and hassle of compliance could prompt some guides or other 

boat operators to try to skirt the rules, that could prove very costly, according to 

Lebsack. ‘‘If an operator is found operating without a license, or outside the scope 

of their license, the fine could be as much $27,500. That’s the maximum,’’ Lebsack 

said. Failure to be enrolled in a required drug testing program is subject to fines 

up to $5,500. 

If such fines are sufficient, the Coast Guard has investigative powers that could 

thwart any efforts to get around the rules. For example, the Coast Guard can obtain 

an individual’s tax records to see if they reported income from guiding. It’s such 

powers that concern guides like Sjoberg, who worries he could be investigated if he 

can’t pass a physical to get licensed. ‘‘Will they be looking through my tax returns, 

or harassing me on the lake, to see if I’m still guiding?’’ he asked. 

Wagenbach agreed. ‘‘It’s going to be a real pain.’’ 

32 

Senator KLOBUCHAR. But this one says, ‘‘As a canoe outfitter at 

the edge of the Boundary Waters Canoe Area Wilderness, Blaine 

Hall has seen his business ravaged by windstorms and challenged 

by wilderness lawsuits and regulations.’’ His latest nemesis—the 

long arm of the U.S. Coast Guard. Hundreds of Minnesota fishing 

guides, outfitters, and tour operators are facing expensive safety 

regulations enforced by the Coast Guard that include, among other 

things, drug testing. 

‘‘The Coast Guard has notified Minnesota commercial outfitters 

and guides that unless they have a Federal six-pack license, they 

can no longer operate their small boats on federally navigable 

waters, such as the Mississippi River, the Saint quarry, or many 

lakes, if not all lakes, in northern Minnesota.’’ 

‘‘It includes some waters in the BWCA’’—and to give you a sense 

of what these guys are doing—‘‘where small operators use motorboats to shuttle canoeists and where local guides show anglers 

where to catch fish.’’ 

And the problem is that these guys don’t make a lot of money. 

Their profit margin is incredibly small, and the cost of these licenses can be something like $1,500 when you add in all the tests 

and things that they would need annually. 

I support the Coast Guard on its mission to ensure safe vessel 

operations and homeland security, but these license burdens, 

which, by the way, from what I understand from Congressman 

Oberstar—we have been working this together—these laws have 

been in effect since the late 1960s, but there has been this newfound zeal to enforce them on these small lakes in northern Minnesota. I just don’t see the relationship with the security threats 

and what we are doing here. 

So I understand a working group of Coast Guard officials from 

headquarters and regional offices across the Nation have been 

working to find a solution that minimizes the immediate impact 

and burden of these licensing requirements. And in fact, today, officials from Coast Guard Region 9 in Cleveland are in St. Paul to 

discuss this matter with my staff and with the commissioner of the 

Minnesota Department of Natural Resources. 

So could you give an update? Are you aware of this issue and 

maybe some sensibility here as we move forward in setting priorities? I don’t know if you have seen Babe the Blue Ox and the Paul 

Bunyan statues in Bemidji, but it probably shouldn’t be the targeted area for security issues. Vice Admiral Papp? 

Admiral PAPP. Senator, that is a great question. And actually, it 

is dead square in my radar screen, and I think the key word you 

used was ‘‘sensibility.’’ I was the Ninth District Commander back 

4 years ago. I have been to International Falls. I have canoed and 

boated on the Boundary Waters, and I have visited the lakes. I 

have seen the Babe the Blue Ox and Paul Bunyan. 

Senator KLOBUCHAR. OK. Well, I never thought you would answer this this way. So I am impressed. 

[Laughter.] 

Admiral PAPP. And I have actually posed by the giant—I think 

it is a pike that is out in front of one of the places up there. 

Senator KLOBUCHAR. Yes. 

33 

Admiral PAPP. Look, when the Maritime Transportation Security 

Act was passed, it put requirements out there. And what is that? 

Perhaps 5 or 6 years old right now. We were in the aftermath of 

9/11. And I think when laws are written, sometimes there are unintended consequences that come up. And I don’t think when the 

law was written we ever intended to take mom-and-pop canoe 

guides and subject them to transportation worker identification 

cards and other things. 

And as I have told the Ninth District Commander, Admiral 

Neffenger, who is the one that is looking into this for me, I said 

if you have got enough resources to be able to start going out into 

the Boundary Waters, perhaps I need to redistribute some of your 

resources to some of our other challenging missions. 

Senator KLOBUCHAR. That is a good answer. 

Admiral PAPP. So, on the other hand, when a consumer, when a 

vacationer, when a tourist goes out and they pay their money to 

someone that is going to take them out on the water, there is a 

safety concern as well, and we want to make sure that person is 

qualified. So where is the balance between making sure that we 

have safe operators and security? 

I think there is little risk for security out there, from what I have 

seen. Yet we do want to have safety. So there is probably some degree of licensing, some degree of training that the operators should 

rightly go through. We need to find a reasonable balance in that, 

and that is what we have our people working on with the DNR out 

there today. 

Senator KLOBUCHAR. OK. Well, I really appreciate that because 

you just can imagine with the economic times as difficult as they 

are, these guys have been up against it anyway. Tourism is down 

nationally, and this is just one more thing they can’t afford. 

So if there is any way that we can work this out to lessen this 

burden, significantly lessen this burden, it would be very helpful. 

So I appreciate your pledge to do that. 

Thank you. 

Admiral PAPP. Yes, Senator. We will do that. 

Senator CANTWELL. Just a few more questions, Vice Admiral. 

In recent years, we have seen a significant environmental and 

economic damage from major oil spills in various parts of the country—California, Louisiana, Texas. Are you committed to maintaining the Coast Guard’s capacity for oil spill response, and are you 

committed to finalizing the unfinished rulemaking for things like 

non-tank vessel response plans? 

Admiral PAPP. Senator, I am. In fact, rulemaking in general is 

something that I want to give a lot of attention to. I recognize fully 

that we have a significant backlog of rulemaking, whether it is ballast water or any of the other things that are currently out there 

that we need to push forward on, and we will take a renewed effort 

on that. 

In terms of capacity for oil spills, yes, we do. But that also we 

have to talk once again about we don’t have enough resources to 

do everything. We need to leverage partnerships. And it has been 

my view that over the past at least decade or so, the oil response 

companies that are out there that are in this to make money and 

to be available do a pretty darn good job. And it is almost to the 

34 

point now where the Coast Guard can sit back a little bit and supervise and organize and hold people accountable. 

But the OSROs that are out there are just doing a fine job. We 

just had an oil spill recently in the Eighth District in Port Arthur, 

Texas, and they did a magnificent job in cleaning up under Coast 

Guard supervision. 

Senator CANTWELL. So where is the rulemaking on non-tank vessel plans? Where would you put that? 

Admiral PAPP. I don’t have an answer for you, Senator. I will certainly look into it, and we can provide an answer for it. I have been 

away from headquarters for a couple of years now, not involved in 

the rulemaking process. 

I am certainly going to give that my attention, and I can report 

back to you in terms of what the priorities are as we see it and 

as we work with the department to push those forward. 

Senator CANTWELL. I think that that would be very helpful. I 

think from past Commandants’ experience, what happens is we end 

up having an oil spill. We end up having a hearing about it. Then 

we find out that there is this long list of rulemaking that hasn’t 

been done, and obviously, there is a prioritization there. 

And I think at least the Subcommittee would like to understand 

what the priorities are on various rulemakings so that we can give 

comment to that level of importance and get a timeframe, as opposed to when an accident happens just seeing this long list and 

saying there is a backlog. Does that sound reasonable? 

Admiral PAPP. Yes, Senator. That is completely reasonable. Yes, 

ma’am. 

Senator CANTWELL. Thank you. 

And can you commit to me and others that you will work with 

this committee on the future of the Coast Guard’s polar icebreaker 

fleet and the best way to determine how to move forward on recapitalization of that fleet? 

Admiral PAPP. Absolutely, Madam Chair. This is going to be a 

very significant challenge, particularly during the time proposed for 

me to be Commandant. 

I served in Alaska my first tour. I understand the challenges of 

the Arctic. And taking my lessons from working up on the Great 

Lakes, which were frozen over most of the time, whether the water 

is hard or soft, Title XIV gives the Coast Guard responsibilities for 

carrying out the full range of our missions. And that does not go 

away up in the Arctic, and we know that there is more open water 

up there, and we need to be able to determine the resources we are 

going to need to be able to carry out those missions up there. 

Senator CANTWELL. And would you say that the conditions are 

continuing to change in the Arctic, and there is a need for a larger 

Coast Guard presence in the region? 

Admiral PAPP. I am not a scientist, and I really can’t comment 

on global warming. All I know is there is much more open water 

up there right now. We are seeing increased traffic, whether it is 

sailors going up there recreationally, cruise ships starting to venture up there, and I suspect in the future, we will see commercial 

traffic trying to take shorter routes through the Arctic. Traffic will 

increase, and we have virtually no presence right now unless we 

35 

redeploy assets from further down in Alaska or further down on 

the west coast. 

So it has got my interest. We need to give it attention, and I will 

work with the Committee. Yes, ma?am. 

Senator CANTWELL. Thank you. 

Senator Snowe, do you have any follow-up questions? 

Senator SNOWE. Yes, thank you, Madam Chair. 

Admiral Papp, regarding port security and homeland security, I 

noticed as well in the budget that there will be an elimination of 

5 of the 13 teams on Maritime Safety and Security Teams. And obviously, one of which would affect the New Jersey/New York port, 

which obviously is the highest volume port on the eastern seaboard. 

Won’t this leave a gap in port security? And I know there are 

other options involved in monitoring our ports and providing for 

port security with the vessel monitoring systems onboard, targeted 

onboard boardings, and so forth. But nevertheless, that is a significant reduction in those teams. 

How do you plan to fill that gap in these ports, and does it leave 

a vulnerability in that regard? 

Admiral PAPP. Senator, we would never leave a vulnerability, 

and I never like to lose any Coast Guard people. These were hardearned gains over the last 8 years increasing the size of the Coast 

Guard. So I am reluctant to lose anybody. 

However, working within the constraints of the budget and taking a look at what we needed to do, we have now had 6 years of 

operating with these Maritime Safety and Security Teams. We 

have 12 of them, and they were established right after 9/11 to fill 

a gap because, quite frankly, during the 1990s, most of our Coast 

Guard stations had been reduced to the bare minimum in terms of 

personnel. 

If you look at New York City, in particular New York Harbor, 

prior to 9/11, Station New York—taking care of one of the most important ports of our country—had been reduced down to about 45 

people and 6 boats. Today, 8 years later, Station New York has 90 

people and 12 boats, very substantial, brand-new boats and an 

awful lot of training. 

So while that MSST in New York provided a gap filler in the 

short term post-9/11, we have been able to substantially buildup 

our Coast Guard Station New York, which is there every day. 

MSST New York can be deployed and sometimes is not there, but 

Station New York is there every day. 

Plus, the other thing we look at is, as I said in my opening statement, strengthening partnerships. Commissioner Ray Kelly has 

substantial assets that he can rely upon for protecting New York 

City and in the harbor as well. The Marine Police of New York City 

are probably some of the best in this country. 

So when you look at a balance, and the Coast Guard is looking 

at trying to balance where do we need our resources the most, 

where can we be supplemented by Federal, State, or local, New 

York Harbor is an obvious place. And as we reorganize these teams 

potentially in the future, we will put them in places where they can 

deploy and help out for surge. 

36 

Senator SNOWE. So the bottom line is, is that with the increased 

number of Coast Guard personnel at the various stations and also 

the adjunct of local police teams or whatever the local communities 

such as New York City have provided since 9/11 is sufficient to 

compensate for the loss of these teams? 

Admiral PAPP. Yes, Senator. 

Senator SNOWE. You think it is sufficient? 

Admiral PAPP. It is. 

Senator SNOWE. OK. On small vessel security, that is one of the 

issues that I raised last summer in an oversight hearing with Admiral Allen. And obviously, it is one of our greatest challenges because you have to balance out cooperation and recreational boaters 

with maritime security, and the number of small vessels that obviously are out there and that you have to monitor and track in any 

way for detecting vulnerabilities. 

He did indicate that it was the greatest vulnerability that the 

Coast Guard has to contend with in our ports today. Would you 

agree with that assessment, and how best would you think we 

should address that? And are we addressing it sufficiently? 

Admiral PAPP. I agree, Senator. And I had perhaps a microcosm 

of that. I dealt with, as the Ninth District Commander up on the 

Great Lakes, an estimate of 7 million registered recreational boaters and other small craft between Canada and the United States 

with really no control over who they are, where they are, what they 

are doing. 

I think part of the challenge in small vessel security is awareness, first of all. We need to work with the boating community and 

small vessel operators, first of all, to make sure that they know 

that they are not the problem. They are part of the solution. 

And through programs like America’s Waterways Watch, meeting 

with various groups around the country, outreach with various 

boating communities and with small vessel operators, which has 

been a key part of the department’s plan, is helping us, first of all, 

to gain awareness. 

If every voter out there becomes a sensor, a partner, someone 

who cooperates with you, then that by itself increases security because, oftentimes, boaters who have operated in a certain area for 

years, like those lobstermen we talked to up there in Rockland, 

they know who is supposed to be out there on the water. They recognize strangers when they are coming through. If we can use 

every one of those people out there to help us with our maritime 

domain awareness, that is a real force multiplier. 

So I think that is the start. It is a challenge for us. We know 

that small boats have been used as weapons by the people that 

would do us harm. And intelligence and then engaging the community out there to help us for awareness I think is probably the best 

thing that we can do. 

Senator SNOWE. I agree with you. I think that could be, obviously, a very effective tool, using others who are out there and the 

partnership that is necessary to expand our ability to monitor the 

sea. 

One other question on Loran-C. The Coast Guard announced a 

shutdown of the Loran-C navigation system as a back up to the 

GPS system. There are legitimate concerns about the stability of 

37 

the GPS system. I know the Air Force is not going to be building 

new satellites in time that are necessary and to maintain the current levels of services. 

So there is obviously concern among boaters in Maine and the 

fishing community about the fact that there will not be this LoranC backup system and that they will have to rely on visual aids and 

navigational tools as an alternative in the event the GPS system 

fails. 

Admiral PAPP. As a navigator, as a sailor, I always like to have 

as many systems available to me as possible. As a taxpayer, we 

have invested heavily in GPS. That is the way we have gone, and 

we have provided a lot of capacity out there for that. Doing away 

with Loran-C is probably the right thing to do now because of all 

the investment in GPS. 

What we need to do—and once again, I am not a rocket scientist 

or a person who deals with satellites. All I know is I am hopeful 

that they are keeping them up, that sufficient reinvestment is 

being done. At the other end, at the lower end, in terms of redundancy in terms of navigation systems, the Coast Guard, of course, 

remains committed to our visual aids navigation system. We have 

good resources out there in terms of our buoy tender fleet, the 

lighthouses along the coast, and I think that we have sufficient 

electronic through GPS and visual through our short-range navigation system that will continue to provide for the safety of our mariners out there. 

Senator SNOWE. Thank you, Admiral Papp. 

Thank you, Madam Chair. 

Senator CANTWELL. Senator Klobuchar, do you have any other 

questions, any other Paul Bunyan stories or—— 

[Laughter.] 

Senator KLOBUCHAR. No. There is always the giant ball of twine. 

Senator CANTWELL. Definitely not in the Coast Guard’s jurisdiction. 

Vice Admiral Papp, thank you very much. I am sure we will 

leave the record open for our colleagues who have questions. But 

thank you for your testimony and answering questions, and we 

look forward to working with you. 

Admiral PAPP. Thank you, Madam Chair. 

Senator CANTWELL. We are going to call up next the second 

panel. 

Dr. Larry Robinson to be the Assistant Secretary for Oceans and 

Atmosphere at the U.S. Department of Commerce; Dr. Earl Weener 

to be a Member of the National Transportation Safety Board; Dr. 

Michael Tillman to be a Member of the U.S. Marine Mammal Commission; Dr. Daryl Boness to be Chairman and reappointed to the 

U.S. Marine Mammal Commission; and Mr. Jeffrey Moreland to be 

the Director of the Amtrak Board of Directors. 

Welcome to all of you, and thank you for being here today and 

your willingness to serve. We appreciate very much your interest 

in these important organizations and representing your agencies. 

I think what I am going to do in the interest of time, we have 

your written testimony, all of you, and I was hoping that maybe 

today that you could just give a—since we have your written testimony, if you could just give a brief 2-minute abbreviation of that, 

38 

and then we could get into some questions. Because I think that 

is what we would like to do, is to have questions of that. 

So if we could, and we will start with you, Dr. Robinson. 

STATEMENT OF LARRY ROBINSON, ASSISTANT SECRETARYDESIGNATE, U.S. DEPARTMENT OF COMMERCE 

Dr. ROBINSON. Good morning, Chairman Cantwell and honorable 

members of this committee. I will give you a 2-minute version of 

this opening remark. 

And it is with great humility and honor that I sit before you as 

President Obama’s nominee for Assistant Secretary of Commerce at 

the National Oceanic and Atmospheric Administration. 

I would like to thank Secretary Locke and Under Secretary 

Lubchenco for their gracious support of my nomination. 

While I am humbled by this nomination, I can only imagine the 

pride that my grandparents and my mother in particular, Eliza 

Mae Robinson, would exude if they were still with us to witness 

this occasion. Perhaps on one of those 4 a.m. drives as I took my 

mother to work, we talked about this possibility and why, upon my 

return home, I should take advantage of the solitude and advance 

my undergraduate pursuits. I am eternally indebted to her for all 

of the sacrifices she made for me in preparation for this moment. 

I owe a tremendous debt to my immediate family, all of whom 

are here, Madam Chair. 

Beginning with my daughters Nicole, Arlin, Talia, and my niece, 

Patricia Robinson-Brown, who my wife and I raised, and her husband, Kent. And by the way, we are working on the Coast Guard’s 

diversity issue. They are both members of the U.S. Coast Guard 

stationed nearby at Andrews Air Force Base. 

Particularly to my wife, Sharon, of 25 years, I want to thank you 

for your friendship, wise counsel, and dedication. 

I must also thank the entire Florida A&M University family for 

adopting me into its wonderful community of scholars and leaders 

dedicated to the principle of ‘‘Excellence with Caring.’’ In particular, I must thank Dr. James H. Ammons, President of the university, who is also with us this morning, and former presidents 

Fred Gainous and Frederick S. Humphries for allowing me to serve 

in key leadership positions at the university. 

My perspective on conservation and management issues has been 

shaped by serving on a number of advisory bodies, including those 

with national scope, such as the National Ecological Observatory 

Network’s Science, Technology, and Education Advisory Committee 

and the Ocean Research and Resources Advisory Committee, and 

those with a regional or local focus, such as the Department of Energy’s Oak Ridge Operations Site Specific Advisory Board, the Florida Chapter of the Nature Conservancy, and the Leon County, 

Florida Water Resources Committee. 

During the past few weeks, I have met with members of the leadership teams at the Department of Commerce and NOAA and various members of your staff, which has allowed me to witness a spirit of collaboration that most certainly will allow us to continue to 

find creative ways to address the complex issues confronting NOAA 

and the Nation. I welcome the opportunity to advance these traditions even further. 

39 

This spirit of collegiality and cooperation has been critical to the 

success of many of my professional endeavors, including leadership 

of NOAA’s multi-institutional Environmental Cooperative Science 

Center since 2001. Since 1997, I have served as Florida A&M University’s Florida Sea Grant Coordinator, which has allowed me to 

obtain a grassroots perspective of NOAA-related issues in Florida 

and the region. 

My tenure on the Ocean Research and Resources Committee Advisory Panel has fostered a deeper understanding of NOAA and its 

relationship to other agencies and organizations with similar missions and goals. My appreciation for how we can improve the work 

of Federal agencies by garnering input from external stakeholders 

was bolstered during my tenure as Chief Science Advisor for the 

U.S. Department of Agriculture’s Cooperative State Research, Education, and Extension Service. 

[The prepared statement of Dr. Robinson follows:] 

PREPARED STATEMENT OF LARRY ROBINSON, ASSISTANT SECRETARY-DESIGNATE, U.S. DEPARTMENT OF COMMERCE

Chairman Rockefeller, Ranking Member Hutchison, and honorable members of 

this committee, it is with great humility and honor that I sit before you as President 

Obama’s nominee for Assistant Secretary of Commerce at the National Oceanic and 

Atmospheric Administration. I would like to thank Secretary Locke and Under Secretary Lubchenco for their gracious support of my nomination. 

While I am humbled by this nomination, I can only imagine the pride that my 

grandparents and my mother, Eliza Mae Robinson, in particular would exude if they 

were still with us to witness this occasion. Perhaps on one of those 4 a.m. drives 

as I took my mother to work, we talked about this possibility and why upon my 

return home I should take advantage of the solitude and advance my undergraduate 

pursuits. I am eternally indebted to her for all of the sacrifices she made for me 

in preparation for this moment. 

I owe a tremendous debt to my immediate family beginning with my daughters 

Nicole, Arlin and Talia and my niece, Patricia Robinson-Brown, who my wife and 

I raised, and who, coincidentally is now stationed nearby at Andrews Air Force Base 

in the U.S. Coast Guard. And to Sharon, my wife of 25 years, thank you for your 

friendship, wise counsel and dedication. 

I must thank the entire Florida A&M University family for adopting me into its 

wonderful community of scholars and leaders dedicated to the principle of ‘‘Excellence with Caring.’’ 

In particular I must thank President James H. Ammons, former Presidents Fred 

Gainous, and Frederick S. Humphries, for allowing me to serve in key leadership 

positions at the University including Director of the Environmental Sciences Institute, Provost and Vice President for Academic Affairs and currently Vice President 

for Research. I must also thank Dr. Ammons and our Board of Trustees Chairman, 

Mr. William Jennings for encouraging me to pursue this opportunity. 

My perspective on conservation and management issues has been shaped by service on advisory bodies including those with national scope such as the National Ecological Observatory Network’s Science Technology and Education Advisory Committee, and the Oceans Research and Resources Advisory Panel; and those with a 

regional or local focus such as the Department of Energy’s Oak Ridge Operations 

Site Specific Advisory Board, the Florida Chapter of the Nature Conservancy, and 

the Leon County, Florida Water Resources Committee. 

During the past few weeks, I have met with members of the leadership teams at 

the Department of Commerce and NOAA and various members of your staff which 

has allowed me to witness a spirit of collaboration that most certainly will allow 

us to continue to find creative ways to address the complex issues confronting 

NOAA and the Nation regardless of their difficulty. I welcome the opportunity to 

advance these traditions even further. 

This spirit of collegiality and cooperation has been critical to the success of my 

professional endeavors including leadership of NOAA’s multi-institutional Environmental Cooperative Science Center (ECSC) since 2001 which conducts research on 

ecological and human dynamics in coastal ecosystems from the Texas Gulf of Mexico 

to Delaware Bay. 

40 

Since 1997, I have served as FAMU’s Florida Sea Grant Coordinator, which has 

allowed me to obtain a ‘‘grassroots’’ perspective of NOAA-related issues in Florida 

and the region. 

Four years of service on the National Research Council’s Committee on the Restoration of the Greater Everglades Ecosystem allowed me to provide input to one 

of the Nation’s most expansive and comprehensive ecosystem restoration projects. 

My tenure on the Ocean Research and Resources Advisory Panel has fostered a 

deeper understanding of NOAA and its relationship to other agencies and organizations with missions and goals. 

My appreciation for how we can improve the work of Federal agencies by garnering input from external stakeholders was bolstered during my tenure as Chief 

Science Advisor for the U.S. Department of Agriculture’s Cooperative State Research Education and Extension Service as this agency prepared for its transformation to the National Institute for Food and Agriculture. 

Finally, my own research and faculty responsibilities have contributed to the dissertation research projects of Ph.D. recipients from Florida A&M University who are 

currently employed at NOAA in the National Marine Fisheries Service, National 

Ocean Service, and Oceanic and Atmospheric Research. 

Through these collective experiences and others, I have come to know and appreciate the Department of Commerce and NOAA and their responsibilities and resources very well. These resources include talented and dedicated people inside and 

outside of government whose work and actions impact our lives on a daily basis. 

Their work can often help us peer into the future. 

Mr. Chairman, if confirmed as Assistant Secretary of Commerce, I will work collaboratively with this committee, and Congress to ensure that the full capacity of 

our assets are utilized to meet our responsibility to manage the resources entrusted 

to us and arrive at a future defined by our collective vision that is in the best interest of this Nation. 

Thank you for your attention. I welcome any questions you might have. 

Senator CANTWELL. Thank you, Dr. Robinson. 

We have your full testimony, and so I want to make sure we 

have time for questions because you hold important positions that 

we definitely want to get on the record. So if I could, I am going 

to just keep proceeding down the line so that we can get to that 

point. 

Dr. ROBINSON. Thank you. 

Senator CANTWELL. And ask witnesses to, if they could, keep 

their remarks brief since we do have the full statements. Thank 

you. 

Dr. Weener? 

STATEMENT OF EARL F. WEENER, MEMBER-DESIGNATE, 

NATIONAL TRANSPORTATION SAFETY BOARD 

Dr. WEENER. Thank you, Chairwoman Cantwell, Ranking Minority Member Senator Hutchison, and distinguished members of the 

Committee. 

I am pleased to be here today as you consider my nomination to 

the NTSB. I would like to thank Senator McConnell for his proposing my selection and President Obama for nominating me. 

Before going further, I would like to introduce several people who 

are very special to me. Senator Merkley has already stated much 

of my background, and so I will not go into that. But I would like 

to introduce my wife, Linda. And viewing this from various parts 

of the country are my daughter, Julia Robinson; son-in-law, Geoffrey Robinson; my son, Jeff Weener and his wife, Katrina; and my 

mother, and a number of family and friends. 

My qualifications to be a Member of the National Transportation 

Safety Board include a long 40 years of interest in aviation safety, 

including 24 years at the Boeing Company. For the last 10 years, 

41 

I have been working with the Flight Safety Foundation on international programs in ground safety and runway safety. 

The overarching role of the NTSB is to promote safety, and preventing accidents requires the Safety Board to accurately identify 

probable causes and communicate the findings and recommendations in a manner in which they are understood. The NTSB is the 

Nation’s preeminent accident investigation agency, and its expertise and the intentional Congressional design of the agency as an 

independent agency protects it from bias in accident investigations. 

An equally important role for the agency is safety advocacy and 

furthering the safety recommendations of the Safety Board. I believe my transportation safety experience in the commercial transport arena and industry association in Government affairs and in 

international safety programs have prepared me for this appointment and this opportunity to serve the public. 

If confirmed as a Member of the NTSB, I will do my utmost to 

maintain the preeminence of the Safety Board and to serve the 

American public. I look forward to any questions. 

[The prepared statement and biographical information of Dr. 

Weener follows:] 

PREPARED STATEMENT OF EARL F. WEENER, MEMBER-DESIGNATE, NATIONAL TRANSPORTATION SAFETY BOARD

Chairman Rockefeller, Ranking Minority Member Hutchison, and distinguished 

members of the Committee, I am pleased and honored to appear before you today 

as you consider my nomination to the National Transportation Safety Board 

(NTSB). I am grateful to Senator McConnell, for proposing my selection and to 

President Obama, for nominating me to serve the Nation in this position. I would 

also like to thank Senator Merkley, from my home state of Oregon, for his support 

and generous introduction. If confirmed, I intend to work with the utmost diligence 

to contribute to the Safety Board’s mission of preventing transportation accidents 

and incidents, and to maintaining the trust and confidence of the traveling public 

in our transportation system. 

Before going further, I would like to introduce several people who are very special 

to me. First, I would like to introduce my wife, best friend, and most ardent supporter, Linda Weener, who is present with me at this hearing. My daughter, Julia 

Robinson, and her husband, Geoffrey, are viewing this from Colorado. My son, Jeffrey, and his wife, Katrina, are viewing this from my home town, Sherwood, Oregon. 

My mother, Marcia Weener, is viewing this hearing from Michigan. Finally, I would 

like to acknowledge the support and encouragement of retired Executive Vice President of the Flight Safety Foundation, Robert Vandel, a long time colleague and collaborator in promoting aviation safety enhancing activities for more than two decades. 

Let me briefly discuss my qualifications and experience as they relate to being a 

Member of the National Transportation Safety Board. I have been actively involved 

in advancing safety, more specifically, aviation safety, for more than four decades 

as a private citizen, as a participant and technically trained professional in the commercial or private sector and as an active professional and consultant, educator and 

advocate in the not-for-profit sector. As an individual, at the beginning of my aviation career, I flew as an Air Taxi pilot and endeavored to teach people to fly airplanes safely. I continued as a flight instructor throughout my college days to the 

present. 

During my nearly quarter century career with The Boeing Company, I was involved in assignments that included developing the flight crew interface of the Boeing 767 and 757 flight decks, as well as the preliminary development of the modifications to the 747 that lead to a modern two-crew flight deck. During the mid 

1980s, I was involved, as an employee of Boeing, in government affairs in this city, 

and, in that capacity, dealt extensively with aviation safety issues. During the latter 

portion of my private sector career with Boeing, I was chief engineer for areas that 

included airplane safety, safety technology development, and related engineering executive assignments across all the Boeing commercial airplanes. It was during this 

time that I initiated the effort to prevent Controlled Flight into Terrain (CFIT) and 

42 

approach and landing accidents, which through the auspices of the Flight Safety 

Foundation, became an international safety task force. 

During the past decade, following my retirement from Boeing, I have continued 

to be active in the area of aviation safety and have worked with the Flight Safety 

Foundation to develop and lead two international programs focused on enhancing 

ground safety and runway safety. More recently, I was involved in leading the 

Flight Safety Foundation Runway Safety Initiative, an effort focused on preventing 

runway excursions, which were involved in approximately 30 percent of the commercial air transport accidents world-wide over the past decade and a half. 

The overarching role of the NTSB is to promote safety through its recommendations. Preventing accidents requires that the Board, through its investigations, accurately identifies the probable causes of accidents, and communicates these findings 

in a manner that they are understood. The NTSB is the Nation’s preeminent accident investigation agency and its expertise in transportation safety is recognized 

throughout the world. It is by Congressional design, an independent agency and is 

not part of any regulatory authority. That independence allows the Board to conduct 

unbiased investigations into transportation accidents. An equally important role of 

the Board is that of safety advocacy, to disseminate knowledge that will lead to the 

prevention of accidents and advance the recommendations of the Board. 

I believe that my transportation safety experience in commercial transport aircraft design, development and operation; in industry association and government affairs; and in international safety programs have all prepared me for this opportunity 

to serve the public and advance transportation safety. I believe my experience and 

expertise complement the experience and expertise currently resident in the Board. 

If confirmed as a Member of the NTSB, I will do my utmost to maintain the preeminence of the Board. If confirmed, I look forward to the opportunity to serve the 

American public as a Member of the NTSB. 

I look forward to addressing any questions you may have. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Earl Floyd Weener. 

2. Position to which nominated: Board Member, National Transportation Safety 

Board. 

3. Date of Nomination: January 20, 2010. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: Sherwood, OR 97140 (office in home). 

5. Date and Place of Birth: June 23, 1945; Holland, Michigan. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Spouse: Linda Wooldridge Weener, Retired; children: daughter—Julia Ann Robinson, 44; son—Jeffrey Earl Weener, 41. 

7. List all college and graduate degrees. Provide year and school attended. 

PhD, University of Michigan, 1975. 

MSE, University of Michigan, 1972. 

BSE, University of Michigan, 1971. 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

University of Michigan; Graduate Research Assistant. 

The Boeing Company; Seattle, WA. 

1975–1978—Boeing Commercial Airplanes; Developed Automatic Flight Controls Design Criteria and Requirements, and Microwave Landing System Flight 

Evaluation. 

1978–1982—Boeing Commercial Airplanes; 757/767 Flight Deck Development; 

Flight Crew Man/Machine Interface Development. Flight Crew Simulation Test 

and Evaluation. 

1982–1984—Boeing Commercial Airplanes; 747 Two-Crew Flight Deck Development and Preliminary Design. 

43 

1984–1988—Boeing Commercial Airplanes; Manager of Aviation Affairs in 

Washington D.C.; Aviation Industry Policy and Regulatory Affairs. 

1988–1994—Boeing Commercial Airplanes; Chief Engineer—Airworthiness, Reliability and Maintainability, and Airplane Safety Engineering (managed organization of approximately 350 to 400 people). 

1994–1998—Boeing Commercial Airplanes; Chief Engineer—Systems Engineering (Managed organization as large as 400+ people). 

1998–1999—Boeing Commercial Airplanes; Chief Engineer—Airplane Safety 

Technology Development. 

Flight Safety Foundation 

2002–present—Flight Safety Foundation; Foundation Fellow; Co-leader of 

Ground Accident Prevention (GAP) Program; Co-leader of FSF Runway Safety 

Initiative; Manager of Aviation Personnel Shortage Project; Principal, Head-up 

Guidance System Technology Study. 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years: None. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years. 

Consultant—Flight Safety Foundation. 

12.Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

Calvin Presbyterian Church, Tigard, Oregon—Member 2006 to present. 

First United Methodist Church, Seattle, WA 1993–2006. 

Columbia Aviation Association, Aurora, Oregon—Member 2006–2008. 

Northwest Bonanza Society—Member, Director 2006 to present (If confirmed, 

per the ethics agreement, I will resign my position as Director). 

Pacific Bonanza Society—Member 2004–2007. 

Aircraft Owners and Pilots Association—Member 1996 to present. 

Experimental Aircraft Association—Member 2003 to present. 

National Association of Flight Instructors—Member 2003 to present. 

Seven Seas Cruising Association—Member 2000–2004. 

University of Michigan Alumni Association, 2008 to present. 

None of these organizations discriminate on the basis of sex, race, color, religion, national origin, age, or handicap. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: No. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period. 

Aircraft Owners and Pilots Association—PAC (less than $500 in total contributions). 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Numerous scholarships as Undergraduate, University of Michigan. 

National Science Foundation Traineeship, University of Michigan. 

Edward White Fellowship, University of Michigan. 

Tau Beta Pi (National Engineering Honor Society). 

Sigma Gamma Tau (National Aerospace Engineering Honor Society). 

Aviation Week and Space Technology, Laurels Award, 1994. 

44 

Honeywell Bendix Trophy for Aviation Safety, 2005. 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

Major Presentations 2006 to 2009—Earl F. Weener, Ph.D. 

Ground Accident Prevention EASS 2006 Update, European Air Safety Seminar, 

Athens, 3/12/2006. 

Ground Accident Prevention, Association of European Airlines, Brussels, 6/29/ 

2006. 

Ground Accident Prevention Project Status, International Air Safety Symposium, Paris, 10/23/2006. 

Ground Accident Prevention Project Status, Corporate Aviation Safety Team 

Briefing, Washington, D.C., 12/7/2006. 

Ground Safety and Accident Prevention, Alaska Air Carriers Association, Anchorage, 2/15/2007. 

Ground Accident Prevention—The Foundation’s Answer, European Aviation 

Safety Seminar, Amsterdam, 3/13/2007. 

Runway Safety Initiative, NTSB Runway Safety Meeting, 3/27/2007. 

Ground Accident Prevention—The Foundation’s Answer, 52nd Annual Corporate 

Aviation Safety Seminar, 5/9/2007. 

Ground Damage Data in a Safety Management System, COSCAP Workshop, 

Beijing, 3/24/2008. 

FSF Ground Accident Prevention, COSCAP Workshop, Beijing, 3/24/2008. 

FSF Ground Accident Prevention Data Findings, COSCAP Workshop, Bangkok, 

3/27/2008. 

FSF Data Collection Tools and Data Taxonomy, COSCAP Workshop, Bangkok, 

3/27/2008. 

Runway Safety, Air Transport World Webcast, 6/25/2008. 

Industry Training and Qualification Initiative, An International Aviation Industry Approach to the Global Shortage of Pilots, Mechanics and Engineers, University Aviation Association, Denver, 10/16/2008. 

Runway Safety Initiative, International Air Safety Seminar, Honolulu, 10/30/ 

2008. 

Industry Training and Qualification Initiative, Crew Management Conference, 

12/1/2008. 

Operational Risks on the Ground and How to Prevent Them, Crew Management 

Conference, 12/2/2008, Dubai. 

Runway Safety, Pacific Northwest Business Aviation Association, Seattle, WA, 

3/5/2009. 

Reducing Runway Excursions, 54th Corporate Air Safety Seminar, Orlando, FL, 

4/21/2009. 

Reducing Runway Excursions, Horizon Airlines, Portland, OR, 5/13/2009. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony: None. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

Beginning in 1967, as a general aviation flight instructor, I have been actively involved in promoting safety throughout my career. My engineering responsibilities 

with Boeing Commercial Airplanes required me to address safety in the design and 

operation of airplanes such as the 757, 767 and 747–400. The Company also assigned me to serve as the Company’s spokesperson for aviation safety and to engage 

the commercial air transport industry in a more cooperative and public pursuit of 

aviation safety. While at Boeing, I was involved in initiating and leading the Controlled Flight Into Terrain (CFIT) Task Force, using the Flight Safety Foundation 

(FSF’) as the vehicle to develop broad industry involvement and cooperation. 

45 

Following my career in the private, commercial sector, and a two-year sabbatical, 

I became involved in developing and leading international safety programs in the 

non-profit sector through the Flight Safety Foundation. These programs included 

the FSF Ground Accident Prevention Program and the FSF Runway Safety Initiative. 

Having promoted safety as an individual, as a participant in the private commercial sector, and as a participant in the not-for-profit sector, I would now like to bring 

this experience to the governmental sector where I can promote safety across multiple transportation modes. The NTSB is recognized as the premier safety investigation organization in the world, and I would like the opportunity to influence transportation safety as a Member of that preeminent organization. 

19.What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

As an NTSB Board Member not serving as the Chairman or Vice Chairman, there 

are limited direct responsibilities for the management of the NTSB organization. 

Most administrative and organizational management responsibilities are delegated 

to the Chairman and Vice Chairman. As a Member, I would be directly responsible 

for the management of the resources allocated to my Member office, and for acting 

collectively with the other Board Members to influence the policies and practices of 

the agency. Nevertheless, within the private sector, I have had direct responsibility 

for management of engineering and support organizations of the size and complexity 

of the NTSB, and would participate in management of the NTSB as the rules and 

regulations of the NTSB allow. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

The first challenge to the NTSB is to maintain the position as the world ‘s preeminent accident investigation and analysis organization. 

The second challenge is to broaden the scope to address the identification and prevention of practices and actions that lead to or are precursors of accidents. 

The third challenge is to assure the NTSB has the expertise in place consistent 

with the advancement of technology in current and future transportation systems. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

With regard to the future, which includes the period of time that I will serve as 

a Board Member of the NTSB if I am confirmed, I have no financial arrangement, 

deferred compensation agreements or other continuing dealings with business associates, clients or customers. 

Based on my 24 years of service with Boeing, I am entitled to and receive a pension from The Boeing Company’s defined benefit pension program. I have an ethics 

agreement that describes how I will avoid any conflicts of interest or questions as 

to my impartiality that may he raised concerning the Boeing pension. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain. 

I have no commitments or agreements regarding maintaining employment, affiliation or practice with any business, association or other organization during my appointment to the NTSB. My ethics agreement describes how I will handle my relationship with my current business and organizations with which I am currently involved. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. 

As I mentioned above, I am entitled to a pension from the Boeing defined benefit 

pension plan based on my service with Boeing from 1975–1999. My ethics agreement describes the strategy that I will use to avoid any conflicts of interest or questions as to my impartiality if I am confirmed as a Member of the NTSB. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

I have had no business relationship, dealing or financial transaction during the 

last 10 years that would present a possible conflict of interest. I was a minority inVerDate Nov 24 2008 14:17 Jan 25, 2011 Jkt 063798 PO 00000 Frm 00049 Fmt 6633 Sfmt 6621 S:\GPO\DOCS\63798.TXT SCOM1 PsN: JACKIE
46 

vestor in a boat manufacturing company that has since gone out of business; however, there are no continuing financial interests or obligations in that regard. 

With regard to my employment as a Fellow/consultant with the Flight Safety 

Foundation, as my ethics agreement indicates, if confirmed as a Member of the 

NTSB, I will resign this position. My ethics agreement describes in detail the means 

by which I will avoid any conflict of interest or question as to my impartiality that 

could be raised concerning the Flight Safety Foundation. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy: None. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

As has been stated in my earlier responses, in the course of the nomination process, I have established and entered into an ethics agreement that recognizes my obligations regarding conflicts of interest and addresses potential conflicts and potential questions of impartiality. If confirmed as a Member of the NTSB, I will follow 

the guidance and adhere to the commitments contained in my ethics agreement regarding any potential conflict of interest. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

I was a minority shareholder of a boat building corporation that went bankrupt. 

I was the defendant in civil litigation by a customer who lost money as a result of 

the bankruptcy. This civil suit was dismissed with prejudice in summary judgment. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination. 

Not aware of any such information. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

RESUME OF EARL F. WEENER

Objective 

Member, National Transportation Safety Board 

Profile 

Accomplished career in aviation as engineering executive, safety advocate, industry safety spokesperson, engineer, pilot 

Skilled public communicator of technical and policy issues 

Organized, highly motivated, big-picture problem solver 

Knowledgeable safety initiative developer, team builder and mentor 

47 

Education 

Ph.D. Aerospace Engineering, University of Michigan 

MSE Aerospace Engineering, University of Michigan 

BSE Aerospace Engineering, Summa Cum Laude, University of Michigan 

Relevant Experience 

Consultant and Fellow, Flight Safety Foundation 

Led international industry initiative to improve runway safety 

Led international industry program to reduce ground accidents and injuries 

Served as member of FSF Board of Governors and Executive Committee 

Presided over Board of Governors workshops to develop and refine mission, 

goals and objectives 

Chief Engineer, The Boeing Company 

Developed Boeing public safety agenda and public communications strategy 

Served as Boeing spokesperson on aviation safety with customers and media organizations 

Coordinated with government and industry organizations 

Created and led industry programs to reduce CFIT and Approach and Landing 

Accidents 

Organized and lead diverse engineering organizations as large as 400 people 

Employment 

2002–present—Consultant and Fellow, Flight Safety Foundation, Alexandria, VA 

Initiated actions to reduce accidents via coordinated industry programs. 

Conducted special projects such as Board of Governors strategy workshops 

1999–2002—Sabbatical/Early Retirement 

USCG Master’s License 

Cruised much of U.S. coastline via powerboat as full-time live-aboard 

Refurbished a boat and remodeled a home 

1998–1999—Chief Engineer, Safety Technology Development, The Boeing Company 

Directed development and application of new technology for airplane safety enhancement 

1994–1998—Chief Engineer, System Engineering, The Boeing Company 

Developed cross-program organizations for airplane integration, product assurance, electromagnetic compatibility, and human factors 

1988–1994—Chief Engineer, Airworthiness, Reliability and Maintainability, and 

Safety, The Boeing Company 

Led organizations that type-certified airplanes, performed reliability and maintainability engineering, and improved airplane safety 

1984–1988—Manager of Government Affairs, Washington, D.C. Office, The Boeing 

Company 

Served as focal point for engineering, technology and policy interface with Congress, Executive Branch and industry trade organizations 

Prior Experience 

Preliminary development of two-crew 747 flight deck concept 

Development of 757 and 767 airplane flight decks, including application of 

human factors principles 

Developed and operated small businesses 

General Aviation flight instructor and Part 135 pilot 

Announcer and engineer for AM/FM commercial radio stations 

Honors and Awards 

Honeywell Bendix Trophy for Aviation Safety, 2005 

Aviation Week and Space Technology Laurels Award, 1994 

Flight Safety Foundation Icarus Committee 

Flight Safety Foundation Board of Governors 

48 

Senator CANTWELL. Thank you, Dr. Weener. 

Dr. Tillman, thank you for being here. We look forward to your 

statement. Thank you. 

STATEMENT OF MICHAEL F. TILLMAN, PH.D., MEMBERDESIGNATE, MARINE MAMMAL COMMISSION 

Dr. TILLMAN. Thank you, Madam Chair Cantwell and Ranking 

Member Hutchison and members of the Committee. 

I am deeply grateful to President Obama for nominating me as 

a Member of the Marine Mammal Commission, and I greatly appreciate the opportunity to appear before you to discuss my nomination and to address your questions. 

I would like to begin by acknowledging my mother, Margaret 

Roberts Tillman, who passed away almost 7 years ago at the age 

of 89. She grew up in a Tlingit Indian village called Klawock on 

Prince William Island in southeast Alaska. She had the courage 

and determination to leave the village, seek a quality education, 

and forge a better life for herself and her family. 

She ultimately became a leader of our people in Seattle and a respected elder of the Tlingit Indian Tribe. If she could be here today, 

I am sure she would be very proud of this moment, and I hope that 

I measure up to her expectations. 

I retired 6 years ago after 32 years of service with the National 

Marine Fisheries Service. For 151⁄2 years, I was a Senior Executive, 

applying science to resolve the difficult issues arising from the national and international management of living marine resources. I 

hope to serve as a Member of the Marine Mammal Commission 

and continue to apply that experience for the conservation of marine mammals and ecosystems. 

I will not review my career in detail, but I have had a wide and 

varied career as a scientist and manager. And I consequently believe I have broad experience regarding the interplay of science, 

management, and politics in formulating national and international policies pertaining to the conservation of living marine resources. 

Although now retired, I continue to work in the conservation 

arena, advising the U.S. delegation to the International Whaling 

Commission and serving as a research associate at Scripps Institution of Oceanography’s Center for Marine Biodiversity and Conservation. 

I believe that, if confirmed, I have the experience, knowledge, 

and broad strategic perspective to serve the Marine Mammal Commission well in these challenging times. 

If confirmed, I would be honored, both professionally and personally, to be a Member of the Commission and to contribute to its 

mission and goals and, in doing so, continue my service to this 

great Nation. 

Thank you. 

[The prepared statement and biographical information of Dr. 

Tillman follows:] 

49 

PREPARED STATEMENT OF MICHAEL F. TILLMAN, PH.D., MEMBER-DESIGNATE, MARINE MAMMAL COMMISSION

Chairman Rockefeller, Ranking Member Hutchison, and members of the Committee, I am deeply grateful to President Obama for nominating me as a Member 

of the Marine Mammal Commission, and I greatly appreciate the opportunity to appear before you to discuss my nomination and to address your questions. 

I would like to begin by acknowledging my mother, Margaret Roberts Tillman, 

who passed away almost 7 years ago at the age of 89. She grew up in a Tlingit Indian village called Klawock on Prince William Island in Southeast Alaska. She had 

the courage and determination to leave the village, seek a quality education, and 

forge a better life for herself and, eventually, for her family. She ultimately became 

a leader of our people in Seattle and a respected elder of the Tlingit Indian Tribe. 

If she could be here today, I’m sure she would be very proud of this moment and 

thinking, ‘‘See, if provided the opportunity, encouragement and education, we too 

can be among America’s best and brightest.’’ I hope that I have measured up to her 

expectations. 

I retired 6 years ago after 32 years of service in the National Marine Fisheries 

Service. For 151⁄2 years I was a Senior Executive, applying science to resolve the 

difficult issues arising from the national and international management of living 

marine resources. I hope to serve as a member of the Marine Mammal Commission 

and continue to apply that experience to the conservation of marine mammals and 

ecosystems. 

I have had a wide and varied career as a scientist and manager. My early research focused on estimating the abundance of marine resources that were taken 

by commercial and Alaskan Native harvests. I then began advising policy officials 

on the scientific aspects of issues such as subsistence harvests of northern fur seals, 

incidental killings by Japanese drift gillnets, commercial harvests of whales regulated by the International Whaling Commission, and Alaska Eskimo hunts for 

bowhead whales. 

Later in my career, as a policy official or as one of the agency’s senior scientists, 

I worked on Pacific Northwest salmon listings, the incidental take of dolphins by 

tuna purse seiners, the incidental take of sea turtles by Hawaiian longliners, recovery planning for Hawaiian monk seals, and the adoption of the Southern Ocean 

Whale Sanctuary by the International Whaling Commission. During these later 

years, I served as the U.S. Commissioner to the Inter-American Tropical Tuna Commission and the Deputy U.S. Commissioner to the International Whaling Commission. Consequently, I have broad experience regarding the interplay of science, management, and politics in formulating national and international policies pertaining 

to the conservation of living marine resources. 

Although now retired, I continue to work in the conservation arena, advising the 

U.S. Delegation to the International Whaling Commission and serving as a Research Associate at Scripps Institution of Oceanography’s Center for Marine Biodiversity and Conservation. I believe that, if confirmed, I have the experience, 

knowledge, and broad, strategic perspective to serve the Marine Mammal Commission well in these challenging times. 

One of the major challenges facing the Marine Mammal Commission is the 

globalization of issues affecting the status of marine mammal populations. Marine 

mammals do not recognize the arbitrary boundaries established by governments, 

and neither do the issues affecting the health of their stocks, such as climate 

change, ocean pollution, and anthropogenic noise. For that reason, marine mammal 

conservation requires an ecosystem approach that transcends borders. In turn, implementation of such an approach will require dedication and new resources to improve our scientific understanding of how ecosystems work. Moreover, the involved 

agencies must commit themselves to coordinating and integrating their related scientific and management activities. I am pleased that the Ocean Policy Task Force 

has recognized these needs in its Interim Report. 

If confirmed, I would be honored, both professionally and personally, to be a member of the Marine Mammal Commission, to contribute to its mission and goals and, 

in doing so, to continue my service to this great Nation. 

Thank you and I would be pleased to address any questions. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): 

Michael F. Tillman (Mike). 

2. Position to which nominated: Member, U.S. Marine Mammal Commission. 

50 

3. Date of Nomination: January 20, 2010. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: Encinitas, CA 92024 (residence and office). 

5. Date and Place of Birth: February 10, 1943; Seattle, Washington. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Jennifer E. Tillman (spouse), retired; children: Lee Michael Tillman (son, age 

40), Christopher Lawrence Tillman (son, age 33). 

7. List all college and graduate degrees. Provide year and school attended. 

B.S., Fisheries Science 1965, University of Washington. 

M.S., Fisheries Science 1968, University of Washington. 

Ph.D., Fisheries Science 1972, University of Washington. 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

2/2004–present—Michael F. Tillman, Sole proprietor, Self-employed consultant 

contracted as follows: 

• 02/2010–09/2010—NOAA/NMFS Alaska Fisheries Science Center; Contract to 

provide support to the U.S. delegation to the International Whaling Commission. 

• 10/2008–08/2009—Data Solutions & Technology, Lanham, MD; Sub-contract 

to provide support to IWC delegation. 

• 09/2006–09/2008—NOAA/NMFS Office of the Director, Silver Spring, MD; 

Contract to provide support to the IWC Commissioner. 

• 05/2004–08/2006—NOAA/NMFS Office of Protected Resources, Silver Spring, 

MD; Contract to provide support to the IWC delegation. 

06/1993–01/2004—Science Director, NOAA/NMFS SW Fisheries Science Center, 

La, Jolla, CA. 

08/1992–05/1993—Acting Director, NOAA/NMFS Office of Protected Resources, 

Silver Spring, MD. 

07/1990–07/1992—Deputy Assistant Administrator for Fisheries, NOAA/NMFS 

Silver Spring, MD. 

07/1988–06/1990—Senior Scientist for Fisheries, NOAA/NMFS, Silver Spring, 

MD. 

02/1987–06/1988—Division Chief, NOAA/NMFS Office of Protected Resources, 

Conservation Science Division, Washington, D.C. 

11/1983–01/1987—Director, IUCN Conservation Monitoring Center, Cambridge, 

United Kingdom, (on detail from NOAA). 

08/1979–10/1983—Director, NOAA/NMFS National Marine Mammal Laboratory, Seattle, WA. 

05/1978–07/1979—Deputy Director, Marine Mammal Division, NOAA/NMFS 

Northwest and Alaska Fisheries Science Center, Seattle, WA. 

07/1974–04/1978—Supervisory Fishery Research Biologist, Marine Mammal Division, Northwest and Alaska Fisheries Science Center, Seattle, WA. 

08/1972–06/1974—Fishery Research Biologist, NOAA/NMFS Marine Fish and 

Shellfish Division, Northwest and Alaska Fisheries Science Center, Seattle, WA. 

09/1970–07/1972—Research Associate, Center for Quantitative Science in Forestry, Fisheries and Wildlife, University of Washington, Seattle, WA. 

06/1968–07/1972—Active Military Service, U.S. Army, 1st Lieutenant, Army Logistics Command, St. Louis, MO; Captain, I Corps Group, South Korea. 

09/1965–05/1968—Teaching Assistant, College of Fisheries, University of Washington, Seattle, WA. 

The four positions I held after earning my doctorate (August 1972 to October 

1983) were scientific/technical (I conducted research, published papers in peer-reviewed journals and participated in scientific meetings, etc.) and are germane to this 

position. The six positions from the middle of my career until I retired from Federal 

51 

service (November 1983 to February 2004), as well as my activities as a self-employed consultant are primarily managerial (requiring planning, budgeting, management of human resources, developing and implementing policies and regulations). 

They are pertinent in that I applied the principles of using the best available 

science and a precautionary approach in the face of uncertainty, as well as an understanding of the interplay between science and management, to resolve conservation issues. 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years. 

No state or local positions. 

2007—Served as private sector delegate on U.S. delegation to the International 

Whaling Commission. 

2008—Served as private sector delegate on U.S. delegation to the International 

Whaling Commission. 

2009—Served as support staff to U.S. delegation to the International Whaling 

Commission. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years. 

2003–present—Unsalaried Research Associate, Scripps Institution of Oceanography. 

2003–2005—Conference Chair, 16th Biennial Conference, Society for Marine 

Mammalogy. 

2008–2009—Contractor, Data Solutions & Technology (provides services for 

Federal Government agencies). 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

(See attachment A.12—Memberships in Organizations) 

None of the organizations I belong to restricts membership or otherwise practices 

discrimination in any form. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt. 

I have never been a candidate for or held a public office. 

14. Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period: None. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

1961–65—Gov-Mart Scholarship. 

1962—Phi Eta Sigma Scholastic Honorary Society. 

1965—B.S. cum laude. 

1969—Honor Graduate, Chemical Officers’ Basic Course. 

1970—Army Commendation Medal. 

1979—Nominated for NMFS Employee of the Year. 

1993—Presidential Rank Award, Meritorious Executive. 

1994—Albert Schweitzer Medal, Animal Welfare Institute. 

1994–99—Presidential appointment, U.S. Commissioner to the Inter-American 

Tropical Tuna Commission (IATTC). 

1994–04—Presidential appointment, Deputy U.S. Commissioner to the International Whaling Commission. 

1995—Department of Commerce Bronze Medal (Fisheries Bycatch in Chile). 

1998—Department of Commerce Bronze Medal (Tuna/Dolphin Interactions). 

52 

2000—Department of Commerce Bronze Medal (Japanese Trade in Whale Products). 

2003—Nominated for NOAA Distinguished Career Award. 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

(Publications are listed in attachment A.16—Primary Published or Creative Work) 

I have not given any relevant speeches but have made the following two invited 

presentations: 

Native hunting, gifting and marine mammal policy: The value of government 

service to Native communities. Annual Conference of the Society for Advancement of Chicanos and Native Americans in Science, Anaheim, CA. September 

26–28, 2002. 

State of the world’s whales: A perspective from within the IWC. Pew Symposium on the Conservation of Whales in the 21st Century, New York, NY. April 

12–13, 2007. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony. 

While serving in various Senior Executive Service positions within the National 

Marine Fisheries Service between 1988 and 1993, I testified several times before 

Congress. I do not have records detailing each instance but recall that they generally pertained to various topics including the NOAA/NMFS proposed budget, the 

tuna/dolphin issue, high-seas driftnets, and other contemporary fisheries and resource issues. I have never testified in a non-governmental capacity. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

I retired 6 years ago after 31 1⁄2 years of service with the National Marine Fisheries Service. I spent 15 1⁄2 years of that time as a Senior Executive, applying 

science to the resolution of the difficult issues arising from national and international management of living marine resources. That experience is directly relevant to the conservation of marine mammals and the duties of a Commissioner. 

The employment history demonstrates a wide and varied career as a scientist and 

manager. My early research focused on estimating the abundance of marine resources that were subject to commercial and Alaskan Native harvests. As a consequence of these scientific activities, I began advising policy officials on the scientific aspects of a variety of issues such as the subsistence harvest of northern fur 

seals, incidental taking by the Japanese drift gillnet fishery, the commercial harvest 

of whales regulated by the International Whaling Commission (IWC), and the Alaska Eskimo hunt for bowhead whales. At later stages of my career, while serving as 

a policy official or as one of the agency’s senior scientists, I worked on conserving 

Pacific Northwest salmon, assessing and reducing the effects of the eastern tropical 

Pacific tuna fishery on dolphins, managing interactions between Hawaiian longline 

fisheries and sea turtles, recovery planning for Hawaiian monk seals, and responding to the Makah Indian Tribe’s request for authorization to hunt gray whales. Consequently, I have broad experience regarding the interplay between science, management, and politics in formulating policy decisions of national and international 

importance to the conservation of living marine resources. 

Although retired, I continue to work in the conservation arena, advising the U.S. 

delegation to the International Whaling Commission and serving as a Research Associate at the Center for Marine Biodiversity and Conservation. I believe that I have 

much to offer in terms of experience, knowledge, and a broadly strategic perspective 

that would serve the Marine Mammal Commission well in these challenging times. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

I am a strong believer in the use of three management tools to ensure not only 

that fiscal goals are met but also that the correct programs are being executed properly: 

(1) Independent, annual audits and reviews. Inviting outside experts to conduct 

audits of fiscal management is essential to avoid waste or abuse and to ensure 

53 

that established fiscal management policies are being followed. Likewise, program reviews conducted by outside experts give an independent check on 

whether the appropriate priorities are being assigned, if the agency’s methods 

are appropriate to its mission and are state-of-the-art, and opportunities exist 

for improving performance. 

(2) Periodic within-year management reviews. Within-year management reviews 

should be done quarterly, if not more often, to determine if schedules are being 

met, resources are adequate, and any management or technical issues exist and 

to identify steps to resolve any identified problems in a timely way. 

(3) Strategic planning. Strategic planning helps an agency define its mission 

and goals, identify opportunities and assign priorities, and develop a long view 

of how it needs to adapt to change. Such an exercise builds credibility with constituents and with those approving budget proposals and contributing to budgets. 

I learned about and used these three tools as the Director of the International 

Union for Conservation of Nature (IUCN) Conservation Monitoring Center, which 

had 38 staff and a budget of $1 million, and where I led strategic and fundraising 

efforts to obtain half of the Center’s annual budget. I also restructured the Center’s 

employment and pay systems and set up its first health care program. 

As a Senior Executive with the National Marine Fisheries Service, I continued to 

apply these tools. As the Deputy Assistant Administrator for Fisheries, I was responsible for the day-to-day operations of the Service, which at that time had more 

than 2,000 employees and an annual budget of more than $250 million. I served on 

the team in 1991–92 that developed the first strategic plan for the Fisheries Service, 

which greatly influenced NOAA’s overall budget planning strategy for FY 1993 and 

beyond. While serving as the Science Director of the Southwest Fisheries Science 

Center, I managed the science programs conducted by 250 employees, with an annual budget of $50 million, based in four laboratories and using four research vessels. One measure of my success as a manager is that I earned Senior Executive 

Service bonuses for outstanding performance for 12 of the 15 years in which I held 

such positions. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

The top three challenges include the following: 

(1) Recognizing and responding to the ‘‘globalization’’ of the conservation issues 

affecting the status of marine mammal populations. The distributions and migrations of marine mammals do not recognize the geographic borders established by governments. Moreover, the issues that may impact the health of marine mammal stocks, such as climate change, ocean pollution, and anthropogenic noise, do not respect such boundaries. Consequently, the conservation and 

management of marine mammals will require regional and international cooperation in the scientific investigation of these problems, as well as in the development of appropriate management actions and mitigation strategies. 

(2) Increasing the amount and quality of scientific research and monitoring. The 

current emphasis in the conservation and management of living marine resources is ‘‘to utilize an ecosystem approach.’’ Such an approach is warranted 

for marine mammals existing in a global world in which the conservation issues 

transcend borders. For agencies to undertake such a task, however, significantly 

increased resources will be required, as well as a commitment to apply appropriate program and fiscal management tools that ensure the quality and direction of the efforts. 

(3) Recognizing marine mammals as bio-indicators for marine environmental 

health. Marine mammals can serve as the veritable ‘‘canaries in the coal mine,’’ 

identifying issues arising in the global oceans that may affect not only their viability, but that of entire ecosystems. Because seals, whales, dolphins, etc., share 

a common mammalian heritage with humankind, their ills and calamities may 

also signal impending problems for human society. Enhancing long-term monitoring efforts for marine mammal stocks will not only assist in the early identification of potential environmental issues along our coasts and in the world’s 

oceans but also increase the information base required for an ecosystem-based 

approach to science and conservation. 

54 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

As noted in the Employment Listing under Item A.8 and in item E.7 below, I expect to enter into a new contract with NOAA/NMFS Alaska Fisheries Science Center to provide support to the U.S. delegation to the International Whaling Commission. I have no other financial arrangements, deferred compensation agreements, or 

other continuing dealings with business associates, clients, or customers. 

My retirement accounts are as follows: 

• Annuity from Federal Civil Service Retirement System. 

• Thrift Savings Account from Federal service (no disbursements drawn yet). 

• SEP IRA for self-employment (Vanguard LifeStrategy Income Fund). 

• Spousal IRA for my wife (Vanguard U.S. Growth Fund). 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain. 

In addition to the contract noted in the previous response, I continue to serve as 

an unsalaried, non-resident Research Associate with Scripps Institution of Oceanography, University of California at San Diego. Otherwise, I do not have any such 

commitments, agreements, or affiliations. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Marine Mammal Commission’s designated agency ethics 

official to identify potential conflicts of interest. Any potential conflicts of interest 

will be resolved in accordance with the terms of an ethics agreement that I have 

transmitted to the Commission’s designated agency ethics official and that has been 

provided to this committee. I am not aware of any other potential conflicts of interest. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Marine Mammal Commission’s designated agency ethics 

official to identify potential conflicts of interest. Any potential conflicts of interest 

will be resolved in accordance with the terms of an ethics agreement that I have 

transmitted to the Commission’s designated agency ethics official and that has been 

provided to this committee. I am not aware of any other potential conflicts of interest. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

As Deputy U.S. Commissioner to the International Whaling Commission (1994– 

2004), I served as the principal technical adviser to the U.S. Commissioner. Consequently, I assisted in the development and implementation of U.S. policy at the 

International Whaling Commission. In the absence of the U.S. Commissioner at annual and special meetings of the Commission, I would lead the U.S. Delegation and 

serve as the principle spokesperson. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Marine Mammal Commission’s designated agency ethics 

official to identify potential conflicts of interest. Any potential conflicts of interest 

will be resolved in accordance with the terms of an ethics agreement that I have 

transmitted to the Commission’s designated agency ethics official and that has been 

provided to this committee. I am not aware of any other potential conflicts of interest. 

55 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain. 

My wife and I were plaintiffs in two related civil cases: 

05/1996—Against the former owner of a house we purchased for non-disclosure 

of a neighborhood problem. Dismissed and referred to mediation. 

09/1997—Against a former neighbor for harassment. TRO issued prohibiting the 

neighbor from harassment. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain. 

In 2003, an employee filed an EEO complaint alleging that, during the process 

of filling a vacancy, I had discriminated against her based upon race. While I disputed the claim, the case was not resolved prior to my retirement from Federal service on 01/24/2004. I later was informed that the Department of Commerce settled 

the case without holding an EEO hearing and without a finding of fault. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

RESUME OF MICHAEL F. TILLMAN, PH.D. 

Personal 

Michael F. Tillman, U.S. citizen, Married, 2 sons, Alaskan Native, member of 

Tlingit Indian Tribe. 

Education 

Ph.D., University of Washington, 1972. 

M.S., University of Washington, 1968. 

B.S., University of Washington, 1965 (cum laude in Fisheries Science). 

Recent Contributions 

As Conference Chair, planned and convened the Society for Marine 

Mammalogy’s 16th Biennial Conference in San Diego, 2005. 

Presented an invited paper to the Pew Symposium on the Conservation of 

Whales in the 21st Century, New York, 2007. 

Served on the U.S. delegation participating in two special and three annual 

meetings of the International Whaling Commission, 2007–2009. 

Published two peer-reviewed papers in 2007 and 2008, with a third in review 

in 2009. 

Experience 

2/04 to present—Self-employed consultant. 

56 

Since retirement, under contract annually to NOAA/National Marine Fisheries 

Service serving as a senior advisor to the U.S. delegation to the International 

Whaling Commission (IWC). Also serving as a non-resident Research Associate 

at the Center for Marine Biodiversity and Conservation, Scripps Institution of 

Oceanography, working on marine wildlife conservation issues. 

6/93 to 1/04—Science Director, ES–4, Southwest Fisheries Science Center, National Marine Fisheries Service, 8604 La Jolla Shores Drive, Jolla, CA 92037. 

Senior executive responsible for overseeing, directing and coordinating research 

programs that provided the scientific basis for conservation and management of 

living marine resources in the NMFS Southwest Region, including California, 

Hawaii, and the Pacific Territories. Major research programs focused on sustainable fisheries (groundfish, tunas and billfish, sardines and anchovies, 

squid), recovering protected resources (abalone, salmon, coastal marine mammals, whales and dolphins, sea turtles, and Hawaiian monk seals), and habitat 

conservation (marine protected areas, essential fish habitat, and Antarctic ecosystems). The Center was comprised of more than 250 permanent staff based 

in four research facilities, with a budget of up to $50 million annually, and utilizing four high-seas research vessels. Concurrently served as U.S. Commissioner to Inter-American Tropical Tuna Commission, 1994–1999, and Deputy 

U.S. Commissioner to IWC, 1994–2004. During 2001–2003, collaborated with 

Scripps Institution of Oceanography to create the Center for Marine Biodiversity and Conservation, culminating in a $3.5-million NSF Integrated Graduate 

Education and Research Training Grant to establish a new cross-disciplinary 

curriculum at Scripps. 

8/92 to 5/93—Acting Director, ES–4, Office of Protected Resources, National Marine Fisheries Service, Silver Spring, MD. 

Senior executive responsible for advising the Assistant Administrator for Fisheries on policies and regulations relating to implementation of the Endangered 

Species Act and the Marine Mammal Protection Act. Oversaw the start-up of 

recovery planning efforts for West Coast salmon stocks listed under the Endangered Species Act. Served as the senior advisor to the U.S. Commissioner to the 

IWC and in 1993 received the Presidential Rank Award of Meritorious Executive for sustained excellence in supporting U.S. goals of protecting whales internationally and recovering protected species domestically. 

7/90 to 7/92—Deputy Assistant Administrator for Fisheries, ES–4, National Marine Fisheries Service, Silver Spring, MD. 

Senior executive responsible for directing the day-to-day operations of the National Marine Fisheries Service, overseeing the activities of more than 2,000 

employees and an annual budget of up to $250 million. As the agency’s deputy 

director, oversaw all fiscal, administrative, science, and regulatory functions; coordinated and integrated operations with other NOAA partners and other Federal, state, academic, and international cooperators; and served as the agency’s 

spokesperson with Congress, constituents, and the media. Testified before Congress on budgetary, management, and programmatic issues. Served as the senior advisor to the U.S. Commissioner to IWC and as the U.S. delegate to International Council for the Exploration of the Sea (ICES). 

7/88 to 6/90—Senior Scientist for Fisheries, ES–4, National Marine Fisheries 

Service, Silver Spring, MD. 

Appointed to the Senior Executive Service as the senior executive responsible 

for overseeing the field-based research and science programs undertaken by 22 

NMFS science facilities and ensuring their proper integration and coordination 

with related national and international efforts. Initiated the program for improving scientific quality and credibility by implementing peer reviews of the 

agency’s science programs. Initiated agency participation in NOAA’s major, new 

Climate Change and Coastal Ocean Programs that cut across NOAA’s organizational line offices; these required a major cultural change within NMFS since 

agency scientists had to compete for available funds. Served as the senior advisor to the U.S. Commissioner to IWC, and appointed to serve as the U.S. delegate to ICES. 

2/87 to 6/88—Chief, Conservation Science Division, GS–15, Office of Protected Resources, National Marine Fisheries Service, Washington, D.C. 

Oversaw protected resource science and research activities funded by the office, 

managing seven staff and an annual budget of up to $11 million. Also managed 

57 

the agency’s U.S. Antarctic Marine Living Marine Resources Program of directed research having an annual budget of $2 million. Served as the scientific 

advisor to the U.S. Commissioner to IWC. 

11/83 to 1/87—Director, International Union for the Conservation of Nature, Conservation Monitoring Center, Cambridge, England. 

Served as the first professional director of the Center, which provides information on the conservation status of wildlife and their habitats worldwide. With 

a professional staff of 38, the Center produced the prestigious series of Red 

Data Books and Red Data Lists, which are used to define conservation issues 

and to focus the efforts of IUCN and the World Wildlife Fund International. Undertook strategic planning and fundraising efforts that provided half the Center’s funding. Chaired the IWC Scientific Committee during the era when commercial catch limits were phased out as a consequence of the moratorium on 

commercial whaling. 

8/79 to 10/83—Director, National Marine Mammal Laboratory, GS–15, Northwest 

and Alaska Fisheries Science Center, National Marine Fisheries Service, Seattle, 

WA. 

Appointed first director of the laboratory established as the principal source of 

scientific expertise on marine mammals within NMFS. With a staff of 35, the 

laboratory undertook research on the biology, life history, abundance, and ecological roles of seals, dolphins and whales; their interactions with fisheries; and 

the effects of environmental change upon their populations. Continued personal 

research to assess the status of whale stocks and led the U.S. scientific team 

at IWC, also served as the Vice Chair of the IWC Scientific Committee. 

5/78 to 7/79—Deputy Director, Marine Mammal Division, GS–14, Northwest and 

Alaska Fisheries Science Center, National Marine Fisheries Service, Seattle, WA. 

Assisted the director in developing plans for all research undertaken and in its 

execution. Directly responsible for preparing budgets, selecting and training 

personnel, arranging contracts, and maintaining relationships with scientists of 

other nations. Oversaw efforts to initiate a major new research program to determine the status of bowhead whales. Continued personal research to assess 

the status of whale stocks and led the U.S. scientific team at the IWC’s Scientific Committee. 

7/74 to 4/78—Leader, Cetacean Research Unit, GS–12/GS–13, Marine Mammal 

Division, Northwest and Alaska Fisheries Science Center, Seattle, WA. 

Supervised research to determine the status and trends of bowhead whales, 

gray and humpback whales, and Dall’s porpoise. Also personally undertook research to assess the status of commercially exploited whale stocks and participated in the IWC’s Scientific Committee, providing scientific support of U.S. initiatives. 

8/72 to 6/74—Fishery Biologist, GS–12, Marine Fish and Shellfish Division, Northwest and Alaska Fisheries Science Center, Seattle, WA. 

Supervised a modeling study of the Bering Sea marine ecosystem. Also spent 

1 year at the University of Washington teaching the graduate series in fish population dynamics. 

9/70 to 7/72—Pre-Doctoral Research Associate, Center for Quantitative Science in 

Forestry, Fisheries and Wildlife, University of Washington, Seattle, WA. 

6/68 to 6/70—Active Military Service, U.S. Army, 1st Lieutenant, Army Logistics 

Command, St. Louis, Captain, I Corps Group, South Korea. 

9/65 to 5/68—Teaching Assistant, College of Fisheries, University of Washington, 

Seattle, WA. 

Honors and Awards 

U.S. Army Commendation Medal, 1970. 

Nominated for NMFS Employee of the Year, 1979. 

Presidential Rank Award, Meritorious Executive, 1993, for sustained excellence 

in supporting U.S. goals of protecting whales internationally and recovering 

protected species domestically (included $10,000 cash bonus). 

Albert Schweitzer Medal, Animal Welfare Institute, 1994, for whale conservation efforts (included $1,000 cash award). 

58 

Presidential Appointment, U.S. Commissioner to the Inter-American Tropical 

Tuna Commission, 1994–1999. 

Presidential Appointment, Deputy U.S. Commissioner to the International 

Whaling Commission, 1994–2004. 

Department of Commerce Bronze Medals for outstanding contributions to international marine resource management: 1995: Fisheries bycatch in Chile; 1998: 

Tuna/dolphin interactions; 2000: Japanese trade in whale products. 

Nominated for NOAA Distinguished Career Award, 2003. 

Senior Executive Service bonuses for outstanding performance for 12 of the 15 

years served, 1988–2004. 

Professional Affiliations 

Fellow, American Institute of Fishery Research Biologists. 

Charter Member, Society for Marine Mammalogy. 

Research Associate, Scripps Institution of Oceanography, University of California, San Diego, 1994–1999, 2003–Present. 

Selected International Experience 

1974–1995, Member, IWC Scientific Committee (Elected Vice Chairman 1979– 

1982, Elected Chairman 1982–1985). 

1978–1980, Member, INPFC ad hoc Committee on Marine Mammals. 

1979–1983 Member, Steering Committee for Marine Mammal Project, US– 

USSR Agreement on Protection of the Environment. 

1980–1981, Member, North Pacific Fur Seal Commission’s Scientific Committee. 

1982–1990, Member, IUCN Species Survival Commission’s Cetacean Specialist 

Group (Chairman 1982–1983). 

1984–1987, Member, Steering Committee, IUCN Species Survival Commission. 

1984, IUCN observer, CCAMLR. 

1985, Co-Head of IUCN Delegation, Fifth Conference of CITES Contracting Parties. 

1987–present, Advisor to U.S. IWC delegation. 

1988, Member, CCAMLR Scientific Committee. 

1989–1991, Appointed U.S. Delegate to ICES. 

1989–1990, Member, U.S. Delegation, PICES negotiations. 

1993, Alternate U.S. Commissioner & Head of Delegation, 45th Annual Meeting 

of IWC. 

1994–1999, U.S. Commissioner to IATTC. 

1994–2004, Deputy U.S. Commissioner to IWC. 

1994–present, Member Emeritus, IUCN Species Survival Commission. 

1996–2003, U.S. Delegate to Interim Scientific Committee for Tunas and Tunalike Species in the North Pacific Ocean (Chairman of ISC 1998–1999). 

1999–2003, Invited Member, International Scientific Review Team, United 

Kingdom, Center for Environmental Fisheries and Agriculture Science: Undertook peer review of CEFAS’ science and research programs. 

2004, 2007–2009, Member, U.S. delegation to IWC. 

2007, Invited participant and presentation at the Pew Symposium on the Conservation of whales in the 21st Century, New York. 

Committee Appointments 

NMFS Transition Board: Served for 2 years on team that led successful efforts 

to reinvent NMFS. 

NMFS Executive Board: Served two-year term on newly established board that 

advised the NMFS directorate. 

NOAA Operating Executive Resources Board: Served two-year term on board 

advising NOAA directorate on Senior Executive Service matters. 

DOC Chapter of SEA: Served two-year term on Board of Directors of Senior Executive Association’s Department of Commerce chapter. 

NMFS PMAC: Served three-year term on NMFS Personnel Management Advisory Committee. 

Leadership Council: Served on executive body comprised of the Senior NMFS 

Executives. 

59 

NMFS Science Board: Served on board comprised of NMFS Regional Science Directors. 

1998–2003, Member External Advisory Board, Center for Environmental Analysis, an NSF Center of Research Excellence in Science and Technology, California State University at Los Angeles (a Minority Serving Institution). 

2003–2005, Chair, Society for Marine Mammalogy’s 16th Biennial Conference. 

2003–2008, Member, Steering Committee for IGERT Program, Center for Marine Biodiversity and Conservation, Scripps Institution of Oceanography. 

Item A.16 Primary Published or Creative Work—Michael F. Tillman, Ph.D. 

1. Grinols, R.B., and M.F. Tillman. Importance of the worldwide hake, Merluccius, 

resource. U.S. Fish. Wildl. Serv. Circ., 332:1–21. (1970) Review Article 

2. Tillman, M.F., and G.J. Paulik. Biological analysis of the northern anchovy 

fishery system. Univ. Wash., Center for Quant. Sci. Forest., Fish., Wildl. Quant. Sci. 

Pap. 28. 65 pp. (1971) Research Article 

3. Tillman, M.F. Assessment of north Pacific stocks of whales. Mar. Fish. Rev., 

37(10): 1–4. (1975) Research Article 

4. Tillman, M.F. Additional evidence substantiating existence of northern subpopulation of northern anchovy, Engraulis mordax. Fish. Bull., U.S., 73(1):212–215. 

(1975) Research Note 

5. Tillman, M.F, and D. Stadelman. Development and example application of a 

simulation model of the northern anchovy fishery. Fish Bull., U.S., 74(1):118–130. 

(1976) Research Article 

6. Brown, G.M., J. Hammack, and M.F. Tillman. Mallard population dynamics 

and management models. J. Wildl. Manage., 40(3):542–555. Also: Resources for the 

Future Reprint 139. (1976) Research Article 

7. Tillman, M.F. Estimates of stock size for the north Pacific Bryde’s whale. Rep. 

int. Whal. Commn., 27:176–179. (1977) Research Article 

8. Tillman, M.F. Trends in abundance of sperm whales in three areas of the north 

Pacific. Rep. int. Whal. Commn., 27:343–350. (1977) Research Article 

9. Tillman, M.F., and J.M. Breiwick. Estimates of stock size for exploitable north 

Pacific male sperm whales. Rep. int. Whal. Commn, 27:180–185. (1977) Research 

Article 

10. Tillman, M.F. Estimates of population size for the North Pacific sei whale. 

Rep. int. Whal. Commn. (Special Issue 1): 98–106. (1977) Research Article 

11. Tillman, M.F., and J.M. Breiwick. Estimates of stock size for the Antarctic sei 

whale. Rep. int. Whal. Commn. (Special Issue 1):107–112. (1977) Research Article 

12. Tillman, M.F. Extrapolated initial and current stock sizes for Southern Hemisphere sei whales. Rep. int. Whal. Commn., 28:313–314. (1978) Research Note 

13. Tillman, M.F. Modified DeLury estimates of the North Pacific Bryde’s whale 

stock. Rep. int. Whal. Commn., 28:315–318. (1978) Research Article 

14. Tillman, M.F. Some theoretical considerations in the application of recruitment models to sei whale stock assessments. Rep. int. Whal. Commn., 28:469–472. 

(1978) Research Article 

15. Tillman, M.F. Estimates of abundance determined from catch per unit effort 

and age distribution data for stocks of Southern Hemisphere sei whales. Rep. int. 

Whal. Commn., 28:473–476. (1978) Research Article 

16. Mitchell, E.D., and M.F. Tillman. Scientific review of IWC Scientific Permits. 

Rep. int. Whal. Commn., 28:269–270. (1978) Note 

17. Tillman, M.F. Introduction: A scientific perspective of the bowhead whale 

problem. Mar. Fish. Rev., 42(9–10): 2–5. (1980) Review Article 

18. Tillman, M.F., and B. Grenfell. Estimates of abundance for the western North 

Pacific stock of Bryde’s whales. Rep. int. Whal. Commn., 30:369–373. (1980) Research Article 

19. Tillman, M.F. Estimated abundance of the Western North Pacific stock of 

Bryde’s Whales. Rep. int. Whal. Commn., 31:385–388. (1981) Research Article 

20. Tillman, M.F., and D.G. Chapman. Further considerations of reasons for a 

more conservative approach to whale management. Rep. int. Whal. Commn., 

31:601–604. (1981) Review Article 

21. Tillman, M.F., and S. Oshumi. Japanese Antarctic pelagic whaling prior to 

World War II: Review of catch data. Rep int. Whal. Commn 31:625–627. (1981) Review Article 

22. Tillman, M.F. Reanalysis of Area I [minke whale] sighting data by means of 

revised Doi model. Rep. int. Whal. Commn 32:738. (1982) Research Note 

60 

23. Tillman, M.F. Mark-recapture estimates of abundance for minke whales in 

Southern Hemisphere Areas II and IV. Rep. int. Whal. Commn 32:740–1. (1982) Research Article 

24. Tillman, M.F., and S.A. Mizroch. Mark-recapture estimates of abundance for 

the western North Pacific Stock of Bryde’s whales. Rep. int. Whal. Commn 32:335– 

7. (1982) Research Article 

25. Tillman, M.F., and J.M. Breiwick. Estimates of abundance for the western 

North Pacific sperm whale based upon historical whaling records. Rep. int. Whal. 

Commn (Special Issue 5):257–269. (1983) Research Article 

26. Tillman, M.F., and G. Donovan (eds.). Special Issue on Historical Whaling 

Records. Including the Proceedings of the International Workshop on Historical 

Whaling Records. Rep. int. Whal. Commn (Special Issue 5), 269 pp. (1983) Book 

27. Tillman, M.F., J.M. Breiwick, and D.G. Chapman. Reanalysis of historical 

whaling data for the western Arctic bowhead whale population. Rep. int. Whal. 

Commn (Special Issue 5):143–146. (1983) Research Article 

28. Tillman, M.F., and J.M. Breiwick. A note on mark-recapture estimates for 

North Pacific Bryde’s whales. Rep. int. Whal. Commn 33:443–445. (1983) Research 

Article 

29. Breiwick, J.M., F. Kasamatsu, T. Miyashita, and M.F. Tillman. Stock estimates of Northwest Pacific Bryde’s Whales. Rep. int. Whal. Commn 33:137–139. 

(1983) Research Article 

30. Tillman, M.F. A comment on the objectives of the proposal for a Japanese scientific permit. Rep. int. Whal. Commn 40:172–3. (1990) Note 

31. Mangel, M., et al., (41 co-authors including M.F. Tillman). Principles for the 

conservation of wild living resources. Ecol. Applic. 6(2):338–62. (1996) Review Article 

32. Brownell, R.L., G. Notarbartolo di Sciara, P. Bergen, M.Tillman, and A.J. 

Read. Further scrutiny of scientific whaling. Science 290: 1696 (2000) Note 

33. Clapham, P., S. Childerhouse, N. Gales, L. Rojas, M. Tillman, and R. 

Brownell. The whaling issue: Conservation, confusion and casuistry. Marine Policy 

31(3): 314–19. (2007) Review Article 

34. Tillman, M.F. The international management of aboriginal whaling. Reviews 

in Fisheries Science 16(4):437–44. (2008) Review Article 

35. Mizroch, S., M. Tillman, S. Jurasz, O. Von Ziegesar, L. Herman, A. Pack, S. 

Baker, J. Darling, D. Glockner-Ferrari, M. Ferrari, D. Salden, and P. Clapham. 

Long-term survival of humpback whales radio-tagged in Alaska from 1976 through 

1978. Marine Mammal Science. (2009, in review) Research Article 

Other Work 

1. Hall, J.D., and M.F. Tillman. A survey of cetaceans of Prince William Sound 

and adjacent vicinity—their numbers and seasonal movements, Pp. 681–708. In Environ. Assess. Alaskan Cont. Shelf Annu. Rep. Princ. Invest. Vol. 1. Receptors-Mammals. (1977) Report 

2. Braham, H., B. Krogman, S. Leatherwood, W. Marquette, D. Rugh, M. Tillman, 

and J. Johnson. Preliminary report of the 1978 spring bowhead whale research program results. Rep. int. Whal. Commn., 30:291–306. (1979) Report 

3. Tillman, M.F. Soviet time budget data for sperm whale operations. Annex K 

to Rep. of Special Meeting on Sperm Whale Assessment 27 November to 8 December 

1978. Rep. int. Whal. Commn. (Special Issue 2): 129. (1980) Note 

4. Anon. Stock assessment activities within the National Marine Fisheries Service. NOAA Tech., Mem. NMFS–SWFC–12. 130 pp. (M.F. Tillman acknowledged as 

contributor). (1981) Technical Report 

5. Tillman, M.F. Review of, Conservation and Management of Whales by K. 

Radway Allen. J. Wildl. Manage., 45(4):1080 (1981) Book Review 

6. Tillman, M.F. Preliminary comments on the implementation of recovery planning for large cetaceans, Pp. 117–121. In P. Wray (ed.), Proceedings Northeast Endangered Species Conference, Center for Action on Endangered Species, Ayer, MA. 

(1982) Report 

7. Tillman, M.F. You want the data? We have them. IUCN Bull. 15(7–9):89–92. 

(1984) Report 

8. Wachtel, P., and M.F. Tillman. WWF, IUCN step up efforts to curb trade in 

endangered species. Envir. Awareness 8(1):9–10. (1985) Report 

9. Tillman, M.F., and G.P. Donovan (eds.). Report of the workshop on the behavior 

of whales in relation to management. Rep. int. Whal. Commn (Special Issue 8): 1– 

56. (1986) Report 

10. Tillman, M.F. International effort to control marine debris in the Antarctic, 

Pp. 103–14. In R. S. Shomura and M. L. Godfrey (eds.), Proceedings of the Second 

International Conference on Marine Debris, 2–7 April 1989, Honolulu, Hawaii. U.S. 

61 

Dep. Commer., NOAA Tech. Memo., NOAA–TM–NMFS–SWFSC–154. (1990) Review 

Article 

11. Tillman, M.F. The International Whaling Commission: Whale conservation at 

the crossroads, Pp. 67–71. In S. Taylor (ed.), Proceedings of the American Cetacean 

Society Fourth Biennial Conference, They’re Not Saved Yet, 9–11 November 1990, 

Monterey, California. American Cetacean Society. (1991) Review Article 

12. Tillman, M.F., J.M. Breiwick, and J.R. Twiss. Memories, Douglas George 

Chapman. Mar. Mammal Sci. 13(1):165–8. (1997) Obituary 

13. Tillman, M.F. The scientific and technical underpinnings of the moratorium 

on commercial whaling. Background paper contributed to the Pew Symposium on 

the State of Conservation of Whales in the 21st Century, April 2007, New York (unpublished). 12 pp (2007) Review Article 

14. Mizroch, S., M. Tillman, S. Jurasz, O. Von Ziegesar, L. Herman, A. Pack, S. 

Baker, J. Darling, D. Glockner-Ferrari, M. Ferrari, D. Salden, and P. Clapham. 

2008. Long-term survival of humpback whales radio-tagged in Alaska from 1976 

through 1978. Paper SC/60/O14 presented to the IWC Scientific Committee, June 

2008, Santiago, Chile (unpublished). 10 pp. (2008) Research Article 

A. Work In Progress 

1. Tillman, M.F. The scientific and technical underpinnings of the moratorium on 

commercial whaling. (In prep.) Review Article 

Item A.12: Memberships in Organizations 

Professional (membership only) 

1965–2003—American Fisheries Society 

1973–present—American Institute of Fisheries Research Biologists 

1984–present—Society for Marine Mammalogy 

1988–2003—Senior Executives Association 

1998–2003—Society for Conservation Biology 

2001–2002—Society for the Advancement of Chicanos and Native Americans in 

Science 

Educational/Charitable (membership only) 

1997–present—Athenaeum Music & Arts Library 

2000–2006—La Jolla Historical Society 

2000—present—KSDS–Jazz88 

2001–present—California Native Plant Society 

2006–present—Quail Botanical Gardens 

2007–present—San Elijo Lagoon Conservancy 

2007–present—Batiquitos Lagoon Foundation 

2007–2009—San Dieguito Heritage Museum 

2007–present—Friends of Encinitas Library 

Social/Fraternal (membership only) 

1965–present—University of Washington Alumni Association 

Senator CANTWELL. Thank you, Dr. Tillman. 

Dr. Boness, thank you very much for being here. 

STATEMENT OF DARYL J. BONESS, CHAIRMAN-DESIGNATE, 

MARINE MAMMAL COMMISSION 

Dr. BONESS. Thank you, Madam Chairman, Ranking Member 

Hutchison. 

I am honored to be here before you as President Obama’s nominee for Chairman of the Marine Mammal Commission. 

Growing up in the midst of dairy farming and paper mill country 

in Wisconsin, I never could have imagined being given this opportunity to serve in such a capacity. At that point, marine mammals 

and the oceans were only pictures in my mind. It is truly a privilege, and I thank the President, and I thank you. 

62 

My interest in science began in advanced biology in high school, 

and it was accelerated with encouragement of my undergraduate 

advisor, Dr. Neil Wylie, who I would like to thank for his guidance 

during those critical years of my education. 

I would also like to thank my family members, many mentors, 

and friends who have given me unfailing encouragement to pursue 

new challenges. And I would especially like to thank my wife, Leslie, who is here in the audience with us today, and my daughter 

Melissa, who, unfortunately, was unable to join us and is currently 

in Colorado. 

I did my graduate work in behavioral ecology in seals in the 

North Atlantic, and that was actually my first foray into marine 

mammal science. And in fact, it was not until I was an undergraduate in college that I actually first observed an ocean, and that 

was the Atlantic Ocean in Rockport, Massachusetts, where my wife 

and I first went. 

My early studies focused on basic biology and ecology of several 

seal species with the aim of advancing biological theories. However, 

through discussions with many of my colleagues during those early 

years, I gained an awareness of the need to contribute to conservation of marine mammals as well. 

It just so happens the opportunity and the appointment to the 

Marine Mammal Commission’s Committee of Scientific Advisors on 

Marine Mammals gave me this opportunity. As a Member and then 

Chairman of that committee, I believe that I have made valuable 

contributions to promoting marine mammal research and conservation. 

I have also learned a great deal about the complex challenges involved. Indeed, although we continue to increase our scientific 

knowledge, marine mammals and our marine ecosystems are facing 

new, emerging threats, and the challenges of conservation are becoming even more complex and difficult. 

The Marine Mammal Protection Act has had a profound effect on 

the conservation of marine mammals and marine ecosystems. Yet 

as human populations have grown, so, too, have our interactions 

with marine mammals. Resolving the conflicts that arise will not 

be easy, but we must find workable solutions. 

We have already seen the extinction of two marine mammal species in my lifetime, this being the Caribbean monk seal and the 

Yangtze River dolphin. Several other marine mammal species are 

perilously close to extinction. 

In the face of such conservation challenges, I place a high value 

not only on improving our scientific knowledge, but also on fostering openness, fairness, and objectivity in applying that science 

to achieve sustainable solutions. 

[The prepared statement and biographical information of Dr. 

Boness follows:] 

PREPARED STATEMENT OF DARYL J. BONESS, CHAIRMAN-DESIGNATE, 

MARINE MAMMAL COMMISSION

Chairman Rockefeller, Ranking Member Hutchinson, and distinguished members 

of the Committee, I am honored to be here before you as President Obama’s nominee for Chairman of the Marine Mammal Commission. As a relatively naı ̈ve high 

school student in the midst of dairy farming and paper mill country, I never could 

have predicted being given the opportunity to serve in such a capacity. Marine 

63 

mammals and the oceans they inhabit only existed in pictures for me. It is truly 

a privilege and I thank the President, and I thank you. 

So, how did I get from there to here? I reached this point today because my family, mentors, and friends have given me unfailing encouragement to pursue new 

challenges. I have been blessed especially by the support of my parents, siblings, 

in-laws, and particularly my wife, Leslie, and daughter, Melissa. I grew up in a 

large family in central Wisconsin where my father worked in a paper mill. He 

taught me to respect our environment and natural resources, which in Wisconsin 

meant forests, fields, rivers, and lakes. He also taught me to hunt and fish as a 

means for putting food on the table. In those early years I did not reflect much on 

the wonder of those resources, or think about the fact that they would not be endless if managed in an unsustainable manner. 

My world expanded in high school, when I took advanced biology and was introduced to the challenge of not only reading about science but actually participating 

in it. The ideas and processes involved in discovering new information and resolving 

questions through research broadened my horizons. In college my advisor recognized 

my enthusiasm for science, provided me opportunities for independent research, and 

encouraged me to present my work at professional meetings and to publish my results. I would like to acknowledge Dr. Neil Wylie for that incredibly important encouragement and guidance during those critical years of my education and training. 

I did indeed become a research scientist. 

It was also during college that Leslie provided my first opportunity to see an 

ocean, the Atlantic, in Rockport, Massachusetts, not far from where she grew up. 

Although I don’t remember seals from that snowy winter day, the ocean vista left 

a lasting impression of a world extending beyond my gaze, now open to me. I realize 

that my experiences as a teenager and a student gave me a deeper appreciation of 

our natural resources and the environment in which we live. I began noticing the 

clumps of foam and debris in the rivers and lakes I used to fish and seeing the black 

sidewalks covered in soot from the local foundry. These things were not new; I was 

just becoming more aware of them. The quality of the environment was not a strong 

concern in central Wisconsin in those days. However, from the time this august 

body passed the Marine Mammal Protection Act, the Endangered Species Act, and 

a whole suite of environmental legislation in the late 1960s and early 1970s, we 

have begun to see the great value in, and need for, conservation of our bountiful, 

but not endless, resources. 

In graduate school I studied the behavioral ecology of seals in the North Atlantic, 

my first foray into marine mammal science. While presenting my research at a conference, I met a Smithsonian scientist and learned that the National Zoological Park 

had an opening for a seal biologist. I applied, had the good fortune of getting the 

job, and began a career path that has led me to this position before you. 

At the Smithsonian National Zoo, I began as a curator responsible for some mammal exhibits, including those involving seals and sea lions. I was also expected to 

conduct a research program on these seal species. It was at this point that I began 

to recognize the importance of communicating the results of my studies to a broader 

audience, not just my colleagues and peers in science. I later held a full-time research position at the Zoo and expanded my research program. In this position as 

well, the Smithsonian strongly encouraged me to disseminate the results of my 

studies to a wide audience, and I share the Institution’s conviction that science must 

be integrated into the many facets of our society. 

My early studies focused on the basic biology and ecology of several seal species 

with the aim of advancing biological theories. However, colleagues from the Smithsonian and elsewhere convinced me that such research is also vitally important for 

conservation, as is applied research. 

For me this increased awareness coincided, in the mid-1990s, with being appointed to the Marine Mammal Commission’s Committee of Scientific Advisors on 

Marine Mammals. 

As a member, and then Chairman, of that committee, I believe that I have made 

valuable contributions to promote marine mammal research and conservation. I also 

have learned a great deal about the complex challenges involved. Indeed, although 

we continue to increase our scientific knowledge, marine mammals and our marine 

ecosystems are facing new, emerging threats, and the challenges of conservation are 

becoming even more complex and difficult. 

The Marine Mammal Protection Act has had a profound effect on the conservation 

of marine mammals and, indeed, marine ecosystems. Yet, as human populations 

have grown so, too, have our interactions with marine mammals, whether we are 

trying to make a living or simply enjoy the marine environment through recreation. 

Resolving the conflicts that arise will not be easy, but we must find workable solutions. We have already seen the extinction of two marine mammal species in my 

64 

lifetime, the Caribbean monk seal and the Yangtze River dolphin. Several other marine mammal species are perilously close to extinction, including the North Atlantic 

and North Pacific right whales, the vaquita (a porpoise found only in the Gulf of 

California), and the Mediterranean and Hawaiian monk seals, all of which number 

in the hundreds. 

In the face of such conservation challenges, I place a high value not only on improving our scientific knowledge, but also on fostering openness, fairness, and objectivity in applying that science to achieve sustainable solutions. I believe these latter 

traits explain, in part, why I was asked to serve as editor of the leading scientific 

journal devoted to marine mammals and to serve multiple terms as a Scientific Advisor to the Marine Mammal Commission. 

The President’s request that I now serve as Chairman of the Marine Mammal 

Commission is a great honor and privilege. If I am confirmed, the position will be 

a challenge but also an opportunity to help shape policies that will further the conservation of marine mammals and the ecosystems of which they are a part. Work 

with marine mammals has been a central focus throughout much of my life, and 

I believe that I have the necessary experience and motivation to guide the Commission as it fulfills its important mission. I have the utmost respect for the current 

members of the Marine Mammal Commission and its staff and the scientists and 

managers of the institutions and agencies that the Commission advises and oversees. Should I be confirmed, I welcome the chance to work cooperatively and productively with these agencies to further the goals of the Marine Mammal Protection 

Act. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Daryl John Boness. 

2. Position to which nominated: Chairman, Marine Mammal Commission. 

3. Date of Nomination: 20 January 2010. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: I work from home—Hartford, ME 04220–5035. 

5. Date and Place of Birth: March 22, 1950; Neenah, WI. 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Leslie Fern Poland Boness (spouse); retired from Maryland National Capital 

Park & Planning Commission Employees’ Retirement System; child: Melissa 

Margann Boness (daughter); 32 yrs old. 

7. List all college and graduate degrees. Provide year and school attended. 

BA in Psychology & Biology; Cornell College, Iowa, 1968–1972. 

MA in Psychology (Human Psychophysiology); Hollins College, Virginia, 1972– 

1973. 

PhD in Psychology (Behavioral Ecology/Animal Behavior), Dalhousie University, 

Halifax, Nova Scotia, 1973–1978 (degree awarded in 1979). 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

Curator of Mammals, National Zoological Park, Smithsonian Institution, 1978– 

1985. 

Research Zoologist, National Zoological Park, Smithsonian Institution, 1985– 

1997. 

Chairman, Department of Zoological Research, National Zoological Park, Smithsonian Institution, 1997–2000. 

Senior Scientist and Head, Department of Conservation Biology, National Zoological Park, Smithsonian Institution, 2000–2003. 

Committee of Scientific Advisors to the Marine Mammal Commission, 1993- 

present (Chairman of the Committee, 2008–present). 

Editor-in-Chief, for the scientific journal, Marine Mammal Science, of the Society for Marine Mammalogy, 2007–present. 

Items noted in italics are managerial positions. 

65 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years. 

Review Panelist for the Marine Mammal Commission to Evaluate the Effectiveness of the North Atlantic Right Whale Recovery Program, March, 2006. 

One-time Service Contractor with North Pacific Research Board (established by 

Congress) to review Steller Sea Lion Draft Recovery Plan, 2007. 

Member of Pinniped-Fishery Interaction Task Force established by the National 

Marine Fisheries Service under the Marine Mammal Protection Act to advise 

the Secretary of Commerce on management of California sea lions at Bonneville 

Dam preying on salmon stocks listed under the Endangered Species Act, 2007– 

present. 

Chairman, Ordinance Committee for the Town of Hartford, Maine, 2008– 

present. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years. 

Research Professor, University of Maine (uncompensated). 

Graduate Student Thesis Committees, University of New England (uncompensated). 

Co-advisor, Graduate Student Thesis, La Rochelle University, France (uncompensated). 

Co-advisor, Graduate Student Thesis, Memorial University, Canada (uncompensated). 

Senior Research Associate, Smithsonian Institution (uncompensated). 

External Examiner on PhD Thesis, Macquarie University, Australia. 

Member, Board of Governors, and Editor in Chief of journal Marine Mammal 

Science, Society for Marine Mammalogy. 

Member, Board of Directors, Lake Anasagunticook Association, Maine. 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

None of the organizations below restrict membership based on the above factors: 

Lake Anasagunticook Association, Maine, (Director 2004–2007), 2000–present. 

Phi Beta Kappa, National Scholastic Honor Society, 1968–present. 

Beta Beta Beta National Biological Honor Society, 1967–present (President of 

local chapter in 1968). 

Sigma Xi Scientific Research Society, 1981–present. 

Animal Behavior Society, 1992–2004. 

American Society of Mammalogists, 1984–2009. 

International Society for Behavioral Ecology, 1995–2002. 

Society for Conservation Biology, 1989–2000. 

Society for Marine Mammalogy, 1985–present (Board of Governors and Editorin-Chief of Society’s scientific journal, 2007–present). 

Washington Biologists Field Club, 1998–present (inactive, Board of Directors, 

1998–2000). 

Stanton Bird Club 2008. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt. 

Chairman, Ordinance Committee for the Town of Hartford, Maine (appointed to 

standing committee by Board of Selectmen—no campaign involved). 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

66 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period: None. 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements. 

Beta Beta Beta National Biological Honor Society 

Phi Beta Kappa National Scholastic Honor Society 

Sigma Xi National Scientific Research Society 

Hollins College Graduate Fellowship 

Dalhousie University Graduate Fellowship 

National Research Council of Canada Graduate Fellowship 

Smithsonian Institution Exceptional Service Award, 1987 

Smithsonian Institution Personal Recognition for Ingenuity, Drive, and Excellence, 1994, 1995 

Smithsonian 150th Anniversary Scholarly Leadership Award 

Smithsonian Merit Pay Award for Outstanding Performance as Department 

Head, 1998, 2001 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed. 

See attached list. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony: None. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

The Marine Mammal Commission was established under the Marine Mammal 

Protection Act of 1972. The Commission oversees Federal activities to promote the 

protection and conservation of marine mammals and maintain the health and stability of the ecosystems of which they are a part. 

During my entire career I have sought to advance our understanding of marine 

mammal behavior and ecology. Midway through my career, the Marine Mammal 

Commission appointed me to serve as a member of its nine-member Committee of 

Scientific Advisors on Marine Mammals. I was honored to accept and I have served 

the Commission ever since. 

Prior to serving the Commission, had studied nearly half of all seal species worldwide to investigate questions related to their behavior, physiology, ecology, and genetics. Through my work on the Commission’s Committee of Scientific Advisors for 

the past seventeen years, I have been able to expand my understanding of how scientific information contributes to conservation management and policy. 

As a member and then Chairman of the Committee of Scientific Advisors I believe 

that I have made valuable contributions toward marine mammal research and conservation. I also have learned a great deal about the complex challenges involved. 

Indeed, although we continue to increase our scientific knowledge, new threats are 

emerging and the challenges are becoming even more complex and difficult to address. 

As human populations have grown so, too, have our interactions with marine 

mammals, whether we are trying to make a living or simply enjoy the marine environment through recreation. Resolving the conflicts that arise will not be easy, but 

we must find workable solutions. We have already seen the extinction of two marine 

mammal species in my life time, the Caribbean monk seal and the baiji (Yangtze 

River dolphin). Several other marine mammal species are perilously close to extinction, including the North Atlantic right whale, the vaquita (a porpoise off Baja, Mexico) and the Mediterranean and Hawaiian monk seals, all of which number in the 

hundreds. 

In the face of such conservation challenges, I place a high value not only on improving our scientific knowledge, but also on fostering openness, fairness, and objectivity in applying that science. I believe these latter traits explain, at least in part, 

why I have been asked to serve as editor of the leading scientific journal devoted 

to marine mammals and to continue to serve as a Scientific Advisor to the Marine 

Mammal Commission for multiple terms. 

67 

I consider the President’s request that I now serve as Chair of the Marine Mammal Commission to be a great honor and a privilege. The position will be a challenge, but also a great opportunity to help shape policies that will further the conservation of marine mammals specifically, and marine ecosystems more generally. 

Work with marine mammals has been a central focus throughout much of my life, 

and I believe that I have the necessary experience and motivation to guide the Commission as it fulfills this important mission. I have the utmost respect for the scientists and managers of the institutions and agencies that the Commission oversees 

and welcome the chance to work cooperatively with them to further the goals of the 

Marine Mammal Protection Act. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

The Marine Mammal Commission is a relatively small agency that is comprised 

of approximately 14 staff, 9 members of the Committee of Scientific Advisors on Marine Mammals, and 3 Commissioners. The Department I led at the Smithsonian Institution was of similar size and composed of similar professional and support staff. 

I have experience in all facets of managing such an organization, including working 

through times of extreme budget constraints and competing programmatic needs. 

The Marine Mammal Commission has an excellent staff that includes an Executive Director who is responsible for guiding the complex and diverse tasks of the 

Commission’s daily operations. My job should I be confirmed, in consultation with 

the two other Commissioners and the Executive Director, will be to set the agency’s 

direction and oversee the entire operation of the Commission staff and Committee 

of Scientific Advisors. If confirmed, I expect to be in frequent contact with the other 

Commissioners, Committee members, and the Executive Director to assure that 

proper management and accounting controls continue to be followed and the Commission’s priorities continue to be properly set. Should I be confirmed, I also anticipate visiting the Commission’s office in Bethesda, Maryland, to meet with staff and 

discuss operational and programmatic issues on an as-needed basis. 

20. What do you believe to be the top three challenges facing the department/ 

agency, and why? 

The Marine Mammal Protection Act requires that management of marine mammal populations be based on the ‘‘best scientific information available.’’ In practice, 

the best scientific information may not be sufficient to resolve management issues 

with complete certainty. In the face of equivocal information, the greatest challenge 

often involves convincing stakeholders of the need to take action to prevent irreversible consequences (e.g., extinction), but also to prevent situations where the economic, ecological, and social costs of conservation remedies become excessive. Conservation truly is one of those endeavors in which an ounce of prevention is worth 

a pound of cure. In this regard, the Commission has long been known for communicating its recommendations and rationale clearly, for bringing stakeholders together to solve problems interactively, and for anticipating problems and devising 

solutions before costs and consequences become excessive. As Chair of the Commission I would maintain an anticipatory, interactive approach to problem-solving. 

Known and potential threats to marine mammals and marine ecosystems are numerous and often intertwined. In 2003 the Commission convened a multinational 

group of scientists to describe key threats to marine mammals and identify the research needed to inform management efforts. Based in large part on that review, 

I believe the most important issues include the effects of global climate change on 

marine mammals and marine ecosystems; the degradation of marine habitat 

through the introduction of pollutants and resulting unusual mortality events involving marine mammals, seabirds, fishes, and invertebrates; and, on a global basis, 

the continued loss of marine mammals as bycatch in fisheries. 

Finally, a continuing challenge for the Marine Mammal Commission is to improve 

research and management strategies for preventing marine mammal populations 

from becoming depleted, threatened, or endangered, and to improve the success of 

recovery efforts for those that have reached such status. Conservation efforts often 

are impaired significantly by lack of basic stock assessment information. A recently 

published evaluation of stock assessment efforts indicates that current methods are 

not sufficient to detect as much as a 50 percent decline in 72 percent of large whale 

species, 78 percent of dolphins and porpoises and 100 percent of ice-breeding seal 

species. One of our significant challenges will be to identify and encourage innovations to overcome these assessment limitations. Without better methods to assess 

population trends and detect developing problems we will lose opportunities to address problems before they become crises, when solutions can be easier to develop 

and at substantially less cost. 

68 

As part of this effort, the Marine Mammal Commission must continue to work 

closely with other agencies responsible for the conservation and management of marine mammals: the National Marine Fisheries Service and the Fish and Wildlife 

Service. Doing so is essential if we are to preserve the long-term well-being of marine mammal populations and the health and stability of the marine ecosystem, as 

directed by Congress when it passed the Marine Mammal Protection Act. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

Retired Federal employee (Smithsonian Institution) receiving a monthly benefit. 

My spouse is retired from the Maryland National Capital Park & Planning 

Commission Employees’ Retirement System and has a 401(k) & 457 retirement 

account administered by ICMA Retirement Corp. 

I presently receive a stipend from the Society for Marine Mammalogy in support 

of serving as Editor-in-Chief of its scientific journal. 

I presently receive compensation on an hourly basis for my services as Chairman of the Marine Mammal Commission’s Committee of Scientific Advisors on 

Marine Mammals. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain. 

I have informally agreed to continue serving as Editor-in-Chief of Marine Mammal Science, the journal of the Society for Marine Mammalogy. I have been advised 

that potential conflicts of interest can be avoided through a recusal agreement, although I could resign from this position if necessary. My non-salaried Research Professorship at the University of Maine requires that I serve periodically on student 

thesis committees and collaborate with other researchers in the department or elsewhere, at my discretion. This appointment is renewed on an annual basis. I also 

could terminate this position at any time if necessary. At this time, I would prefer 

to maintain this position as I believe strongly in supporting the education of our 

next generation of research scientists. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Marine Mammal Commission’s designated agency ethics 

official to identify potential conflicts of interest. Any potential conflicts of interest 

will be resolved in accordance with the terms of an ethics agreement that I have 

transmitted to the Commission’s designated agency ethics official and that has been 

provided to this committee. That said, I am not aware of any potential conflicts of 

interest. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Marine Mammal Commission’s designated agency ethics 

official to identify potential conflicts of interest. Any potential conflicts of interest 

will be resolved in accordance with the terms of an ethics agreement that I have 

transmitted to the Commission’s designated agency ethics official and that has been 

provided to this committee. That said, I am not aware of any potential conflicts of 

interest. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

My wife and I gave testimony before the State of Maine Legislature’s Committee 

on Natural Resources opposing a proposed bill that would have targeted our town 

for an unfair share of costs related to a dam in the neighboring town that controls 

a shared lake. However, we were not engaged by any party to present that testimony, which was given in our personal capacities. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

69 

In connection with the nomination process, I have consulted with the Office of 

Government Ethics and the Marine Mammal Commission’s designated agency ethics 

official to identify potential conflicts of interest. Any potential conflicts of interest 

will be resolved in accordance with the terms of an ethics agreement that I have 

transmitted to the Commission’s designated agency ethics official and that has been 

provided to this committee. I am not aware of any other potential conflicts of interest. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain: No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

CURRICULUM VITAE OF DARYL J. BONESS

Present Position 

Research Professor 

Department of Wildlife Ecology 

and School of Marine Science 

University of Maine 

Orono, ME 

Senior Scientist (Retired) 

Conservation and Research Center 

National Zoological Park 

Smithsonian Institution 

Washington, DC 

Education 

B.A. Cornell College, Iowa 

M.A. Hollins College, Virginia 

Ph.D. Dalhousie University, Nova Scotia 

1972 Biology and Psychology 

1973 Human Psychophysiology 

1979 Behavioral Ecology (in Psychology) 

Honors and Awards 

B.A. Degree, Magna Cum Laude 

Beta Beta Beta, National Biological Honor Society, 1971 (Chapter President) 

Phi Beta Kappa, National Scholastic Honor Society, 1972 

Hollins College Graduate Fellowship, 1972 to 1973 

Dalhousie University Graduate Fellowship, 1973 to 1975 

National Research Council of Canada Graduate Fellowship, 1975 to 1978 

Sigma Xi Research Society, 1981 

Smithsonian Institution Exceptional Service Award, 1987 

Smithsonian Institution Personal Recognition for Ingenuity, Drive, and Excellence, 

1994, 1995 

70 

Smithsonian 150th Anniversary Scholarly Leadership Award, 1996 

Smithsonian Merit Pay Award for Performance as Department Chair, 1998 

Smithsonian Merit Pay Award for Outstanding Performance as Department Head, 

2001 

Professional Experience 

Curator of Mammals: In charge of aquatic vertebrate (seal, beaver, and otter), bear, 

canid, and felid collections; supervised 11 animal keepers; assisted in the design of 

an aquatic habitat complex ($12,000,000; never completed); performed research in 

the field and at the zoo; 1978 to 1985 

Research Zoologist: Responsible for conducting original research on marine mammal 

behavior and advising zoo husbandry staff on seal husbandry and water quality; 

1985 to 1996 

Acting Assistant Director for Research, National Zoological Park: Headed the Research Department while the Assistant Director for Research was on sabbatical; supervised department staff (7 staff research scientists, 8 postdoctoral associates, and 

7 graduate students); chaired the Research Council (a review and policy-making 

board of 17 Ph.D. or D.V.M. staff); represented the research interests of the Zoo at 

high-level Zoo and Smithsonian meetings; December 1986 to April 1987 

Scientific Advisor, U.S. Marine Mammal Commission, executive branch; 1993 to 

present 

Research Professor, Department of Biology, American University; 1994 to 2003 

Acting Head, Department of Zoological Research: completed six-month detail as 

Head of the Department following abolishment of the Assistant Director’s position 

(the previous position that had responsibility for running the Department) and in 

the interim to establishing a rotating Department Chair. I had ultimate responsibility for running the Department of Zoological Research, which consisted of 7 research scientists (GS–12 to Senior Scientist level), 9 technical and administrative 

support staff, and a varying number of associates, postdoctoral fellows, and graduate and undergraduate students; November 1996 to May 1997 

Chairman, Department of Zoological Research, National Zoological Park: I had ultimate responsibility for running the Department of Zoological Research, which consisted of 11 research scientists (GS–12 to Senior Scientist level), 10 technical and 

administrative support staff, and a varying number of associates, postdoctoral fellows, and graduate and undergraduate students. The Department included a molecular genetics laboratory, comparative nutrition laboratory, a sound and video analysis laboratory, a migratory bird center, and a public science education exhibit area 

with several functional labs open to the public; May 1997 to September 2000 

Senior Scientist and Head, Department of Conservation Biology, National Zoological 

Park: In a reorganization of the Zoo, several operations were merged into a new department, which I headed. The department consists of 24 research scientists (GS– 

12 to Senior Scientist level), 12 technical and administrative support staff, and varying numbers of associates, postdoctoral fellows, and graduate and undergraduate 

students. The department is comprised of several units: Genetics; Comparative and 

Clinical Nutrition; Behavior, Ecology and Population Biology; Migratory Bird Center; Monitoring and Assessment of Biodiversity Program; International Wildlife and 

Conservation Training Program and Public Science Outreach. The mission of the department is to advance the preservation of biodiversity through research, conservation activities, training of young professionals and public education; May 1997 to 

December 2003 

Adjunct Professor, Department of Biology, Dalhousie University, Canada; 1999 to 

2003 

Adjunct Professor, Department of Biology, La Rochelle University, France; 1999 to 

2004 

Smithsonian Senior Scientist (retired and Research Associate); January 2004 to 

present 

Research Professor, Department of Wildlife Ecology and School of Marine Science, 

University of Maine, Orono; July 2005 to present 

Member, Committee of Scientific Advisors for the U.S. Marine Mammal Commission; December 1993 to present (Chairman, 2008 to present) 

Editor-in-Chief of Marine Mammal Science, the scientific journal of the Society for 

Marine Mammalogy; December 2007 to present 

Professional Organizations 

American Society of Mammalogists (currently inactive) 

71 

Animal Behavior Society (currently inactive) 

Society for Marine Mammalogy (Charter Member) 

Society for Conservation Biology (currently inactive) 

International Society for Behavioral Ecology (currently inactive) 

Washington Biologists Field Club (Life Member) 

Committees and Appointments 

Within Smithsonian: 

National Zoological Park Ad Hoc Children’s Zoo Committee, 1985 to 1986 

National Zoological Park Information Services Panel, 1985 to 1988 

National Zoological Park Water Quality Control Committee, 1986 to 1989 (Chairman, 1986) 

Smithsonian Institution Academic Program Committee for Environmental 

Sciences, 1987 to 1989 

National Zoological Park Committee on Science and Exhibits, 1987 to 1989 

(Chairman) 

National Zoological Park Institutional Animal Care and Use Committee, 1989 to 

1993 

National Zoological Park Research Council, Chairman, 1993 to 2001 

Smithsonian Institution Congress of Scholars, representative for National Zoological Park, 1994 to 1997 

Planning Committee, Learning is a Family Experience Education Program, National Zoological Park, 1994 to 1997 

National Zoological Park Committee on Technology and Education, 1995 to 1999 

National Zoological Park/Smithsonian Institution Fellowship Review Committee 

Chair, 1995 to 2003 

National Zoological Park Planning and Design Committee for new exhibit on 

water, 1997 to 2000 

Session Facilitator, pan-Smithsonian conference on research and educational outreach, 1997 

Member of the National Zoological Park Senior Management Team ( advise the 

Director on Zoo on policy and direction), 1997 to 2003 

Smithsonian Institution Grant Review Panel for Seidell Foundation Grants, 1997 

to 2003 

Interagency Review of Grade Evaluation of Research Scientists, 1998 

Outside Smithsonian: 

Board of Scientific Advisors, Okeanos Oceanographic Foundation, 1980 to 1996 

Professional Consultant, Graduate Studies in Museum Sciences, George Washington University, 1981 to 1984 

Chair, Behavior Session, International Marine Mammal Conference, 1989 

Conference Awards Committee, Marine Mammal Society, 1991 

Institute of Museum Services, Conservation Program Grants, Field Reviewer, 

1994 

Institute of Museum Services, Panel to Review the Program for Conservation 

Grants, 1994 

Chair, Behavior Session, International Marine Mammal Conference, 1995 

Student Awards Judge, International Marine Mammal Conference, 1995 

Review Panel to Evaluate the Hawaiian Monk Seal Research Program, U.S. National Marine Fisheries Service, NOAA, 1995 

Review Panel to Evaluate Pinniped Research Program, Alaska Department of 

Fish and Game, 1995 

Scientific Review Board for GulfCet II Project, Texas Institute of Oceanography, 

Texas A&M University at Galveston, 1996 to 1999 

Review Panel Institute of Museum Services Conservation Program Grants, 1996 

Marine Mammal Negotiated Rulemaking Advisory Committee (Observer for Marine Mammal Commission), U.S. Department of Agriculture, Animal and Plant 

Health Inspection Service, 1996 

Member, Organizing Committee, Animal Behavior Society Annual Meeting, 1997 

72 

Member, Marine Mammal Committee, American Society of Mammalogists, 1997 

to 2006 

Abstract Review Committee (Behavior Chair), International Marine Mammal Conference, 1997 

Abstract Review Committee, Symposium on Hawaiian and Mediterranean Monk 

Seal Conservation and Biology, 1997 

Review Panel to Evaluate Steller Sea Lion Recovery Program (Behavior), U.S. National Marine Fisheries Service, NOAA, 1997 

Steering Committee, Millennium Marine Mammal Symposium at Annual Meeting, 

American Society of Mammalogists, 1998 to 1999 

Nominated for President-Elect, Society for Marine Mammalogy, 1998 (not elected) 

Session Chair, Human and Animal Acceptability Studies, Sonic Boom Symposium, 

Acoustical Society of America, 1998 

Review Panel to Evaluate Marine Mammal Research Programs, Office of Naval 

Research, 1998 

Elected to Washington Biologists Field Club, 1998 to present (Board Member, 

1999, 2000) 

Review Panel to Evaluate Steller Sea Lion Recovery Program (Physiology), U.S. 

National Marine Fisheries Service, NOAA, 1999 

Scientific Program Committee (Mating Behavior and Reproduction Subcommittee 

Chair), 13th Biennial International Marine Mammal Conference, 1999 

Associate Editor, Marine Mammal Science, 2000 to 2005 

Member, Selection Committee to Recommend Hiring a Scientific Program Director, U.S. Marine Mammal Commission, 2000 

Ad Hoc Selection Committee for American Association for the Advancement of 

Science, Diplomacy Fellowship Program, 2001 

Invited participant for workshop on Implementation of Education Reform in Conservation Biology sponsored by George Mason University and funded by the U.S. 

Department of Education, 2001 

Abstract Review Committee, International Marine Mammal Conference, Vancouver, BC, 2001 

Review Panel to Evaluate Research and Management Program for Hawaiian 

Monk Seals, Marine Mammal Commission and National Marine Fisheries Service, 

Honolulu, 2002 

Consulted for Marine Mammal Commission and Fish and Wildlife Service to 

evaluate captive polar bears in a circus in Puerto Rico, November 2002 

Rapporteur for a section of a working group to develop a plan to manage the potential conflicts associated with the increase in Hawaiian monk seals at the main 

Hawaiian Islands, December 2002 

Invited participant for Consultation on Future Directions in Marine Mammal Research, co-convened by the Marine Mammal Commission and the National Fish and 

Wildlife Foundation, Portland, OR, August 2003 

Participated in review of science synthesis document and advised on animal welfare issues in research for a Federal advisory panel to the Marine Mammal Commission on Effects of Ocean Noise on Marine Mammals, 2004 to 2005 

Review Panel to Evaluate the Effectiveness of the North Atlantic Right Whale Recovery Program, March 2006 

NOAA Fisheries Pinniped-Fishery Interaction Task Force to advise Secretary of 

Commerce on lethal take option for California sea lions preying on ESA listed salmon at the Bonneville Dam, September 2007 to 2009 

Board of Governors of the Society for Marine Mammalogy, December 2007 to 

present 

Reviewer for Journals and Grants 

Journals: 

American Naturalist 

Animal Conservation 

Animal Behaviour 

Aquatic Mammals Behaviour 

Behavioral Ecology 

73 

Behavioral Ecology and Sociobiology 

Biological Conservation 

Biological Journal of the Linnaean Society Bioacoustics 

Brazilian Archives Biology and Technology 

Canadian Journal of Zoology 

Comparative Biochemistry and Physiology 

Ecological Applications 

Ethology 

Journal of Animal Ecology 

Journal of Mammalogy 

Journal Marine Biological Association, UK 

Journal of Wildlife Management 

Marine Ecology Progress Series 

Marine Mammal Science 

Nature 

Proceedings of the Royal Society 

Wildlife Research 

Granting Agencies: 

Center for Field Studies 

Florida Sea Grant Program 

National Geographic Society 

National Institutes of Health 

National Science and Engineering Research Council, Canada 

National Science Foundation 

Natural Environment Research Council, UK 

Inter-American Foundation 

Institute of Museum Service, Conservation Whitehall Foundation 

Australian Research Council 

American Philosophical Society 

Grants Received 

Walrus behavior (with E.H. Miller) 

National Geographic Society, World Wildlife Fund Canada, Smithsonian Institution Research Opportunities Fund, (1980) $21,500 

Resident microflora of grey seals 

Friends of the National Zoo, Okeanos Foundation (1981) $13,800 

Maternal strategy of the California sea lion (with O.T. Oftedal and K.A. Ono) 

Friends of the National Zoo (1981 to 1986) $110,430 

American Museum of Natural History, Lerner-Grey Fund (1983) $1,000 

Center for Environmental Education, (1984) $1,000 

Lactation in hooded and harp seals (with O.T. Oftedal and W.D. Bowen) 

Smithsonian Institution Research Opportunities Fund (1984) $4,700 

Department of Fisheries and Oceans Canada (in-kind ship and helicopter support) $300,000 

Hawaiian monk seal fostering behavior 

Smithsonian Institution Research Opportunities Fund (1986) $4,000 

Friends of the National Zoo (1987 to 1989) $43,000 

National Marine Fisheries Service (1987 to 1989) (in-kind ship and field support 

through W. Gilmartin) $39,000 

Lactation and maternal care in harbor seals (with O.T. Oftedal) 

Friends of the National Zoo (1988 to 1992) $99,700 

Smithsonian Institution Research Opportunities Fund (1987) $3,200 

Mating and lactation strategies of the Juan Fernandez fur seal (with J.M. Francis) 

Friends of the National Zoo (1988 to 1991) $70,000 

National Geographic Society (1990) $8,300 

Smithsonian International Exchange Program (1990) $8,500 

Smithsonian Scholarly Studies Grant (1990 to 1991) $76,230 

74 

Long-term studies of life history and reproductive success of female harbor and 

grey seals on Sable Island, Nova Scotia (with W.D. Bowen and S.J. Iverson) 

Department of Fisheries and Oceans, Canada (1988 to 2003) (in-kind field support, through W.D.B.) $120,000 

Friends of the National Zoo (1988 to 2003) $75,000 

National Science and Engineering Research Council of Canada (1993 to 2003) 

(in-kind field and lab support, through W.D.B. and S.J.I.) $35,000 

Christensen Fund (2002 to 2003) $94,000 

How prevalent is fostering behavior in the harbor seal? Friends of the National Zoo (1991 to 1992) $21,800 

Male copulatory success in three species of fur seals interbreeding on Macquarie 

Island (with S. Goldsworthy) Australian Antarctic Science Advisory Committee (1992 to 1993) $208,636 

Friends of the National Zoo (1994) $21,000 

Do inclusive fitness benefits contribute to fostering in colonially breeding phocid 

seals? (with E. Perry and R. Fleischer) Smithsonian Scholarly Studies Grant (1993 to 1994) $42,500 

An underwater video system to investigate the aquatic mating system of the harbor 

seal 

National Geographic Television (with G. Marshall) (1994 to 1995) $12,000 

Smithsonian Institution Restricted Endowment Funds (1994 to 1996) $17,100 

International symposium on the reproductive strategies and conservation biology of 

otariid seals (April 1996) 

Wildlife Conservation Society (with P. Majluf) (1995) $8,000 

Office of Naval Research (with P.Majluf) (1995) $7,500 

Smithsonian Institution (Office of Fellowships and Grants, 150th Anniversary) 

$10,000 

QANTAS Airways Ltd. (1996) $10,400 (in-kind support) 

The effects of sonic booms on the behavior and physiology of grey and harbor seals 

National Atmospheric and Space Administration (1996 to 1998) $254,754 

Bringing biological sciences to the Latino community: the Latino initiative at the 

National Zoological Park (an educational outreach and training grant) (with D. Jenkins, M. Roberts, C. Ruiz, and A. Cerezo) 

Office of the Provost, Smithsonian Institution (1997 to 1998) $90,000 

A natural experiment on the effect of environmental changes on mating systems 

(with P. Majluf) 

Smithsonian Research Opportunities Funds ,$1,500 

Smithsonian Scholarly Studies Grant (1997 to 1998) $67,570 

Foraging and attendance patterns in Humboldt penguins (with S. Taylor, M. Leonard, and P. Majluf) 

Friends of the National Zoological Park (1998) $6,000 

George S. Sisley Endowment Fund (1998) $5,400 

Oregon Zoo Foundation (1998 to 1999) $6,738 

An investigation of mate choice in South American fur seals using GPS technology 

(with S. Insley) 

Smithsonian Restricted Endowment Grant (1998) $10,000 

Smithsonian Scholarly Studies Grant (1998 to 1999) $24,000 

Variation in pup survival in heat-stressed populations of South American fur seals: 

Effects of habitat features, social environment and behavior 

Abbott Restricted Endowment Fund (2000) $3,000 

George S. Sisley Endowment Grant (2001) $5,340 

Alternative male reproductive tactics in the grey seal: a new approach 

Friends of the National Zoo (1997 to 2003) $41,000 

Abbott Restricted Endowment Fund (2000 to 2001) $14,300 

Smithsonian Scholarly Studies Grant (2002 to 2003) $68,912 

Sustaining conservation programs at the Smithsonian Conservation and Research 

Center (with C. Wemmer and S. Derrickson), supports multiple projects of Center 

scientists 

Christensen Fund (2002 to 2003) $1,200,000 

Sex differences in foraging behavior of thick-billed murres (with R. Paredes) 

Abbott Restricted Endowment Fund (2002) $9,500 

Longitudinal study of male mating tactics in grey seals of varying ages 

Friends of the National Zoo (2003) $5,000 

Abbott Restricted Endowment Fund (2004) $8,000 

75 

Post-weaning fast and physiological development in juvenile and yearling grey 

seals (with S. Noren-Kramer) 

Friends of the National Zoo (2003) $4,000 

Capital expenditure, lactation energetics and the importance to Weddell seals and 

their pups (with O. Oftedal and R. Eisert) 

National Science Foundation, Office of Polar Programs (2006 to 2008) $393,887 

Item A.16 Primary Published Work and Speeches 

Daryl J. Boness, Ph.D.—February 2010 

Peer-Reviewed Publications in Journals and Books 

1. Boness, D.J., and Wylie, N.R. 1971. Experiential factors affect red and blue 

color preferences in neonatal chickens, Gallus gallus. Proceedings of the Iowa Academy of Sciences 77:271–275. 

2. McGuigan, F.J., and Boness, D.J. 1975. What happens between an external 

stimulus and an overt response? A study of covert behavior. Pavlovian Journal of 

Biological Science 10:112–118. 

3. Miller, E.H., and Boness, D.J. 1979. Remarks on the display function of the 

snout of the grey seal, Halichoerus grypus (Fab.), with comparative notes. Canadian 

Journal of Zoology 57:140–148. 

4. Boness, D.J., and James, H. 1979. The reproductive behavior of the grey seal 

(Halichoerus grypus) on Sable Island, Nova Scotia. Journal of Zoology (London) 

188:477–500. 

5. Montali, R., Bush, M., Strandberg, J., Janssen, D.L., Boness, D.J., and Whitla, 

J.C. 1981. A cyclic dermatitis in pinnipeds associated with Fusarium solani. Journal 

of the American Veterinary Medical Association 179:1198–1203. 

6. Boness, D.J., Anderson, S.S., and Cox, C.R. 1982. Functions of female aggression during the pupping and mating season of grey seals (Halichoerus grypus 

Fabricius). Canadian Journal of Zoology 60:2270–2278. 

7. Miller, E.H., and Boness, D.J. 1983. Summer behavior of Atlantic walruses, 

Odobenus rosmarus rosmarus at Coats Island, N.W.T. (Canada). Zietschrift fur 

Saugertierkunde 48:298–313. 

8. Boness, D.J. 1984. Activity budget of male grey seals, Halichoerus grypus. Journal of Mammalogy 65:291–297. 

9. Bowen, W.D., Oftedal, O.T., and Boness, D.J. 1985. Birth to weaning in 4 days: 

Remarkable growth in the hooded seal, Cystophora cristata. Canadian Journal of Zoology 63:2841–2846. 

10. Boness, D.J. 1985. The role of zoos in the conservation of marine mammals. 

Proceedings of the Symposium on Endangered Marine Animals and Marine Parks 

1:429–439. 

11. Bowen, W.D., Boness, D.J., and Oftedal, O.T. 1987. Mass transfer from mother 

to pup and subsequent mass loss by the weaned pup in the hooded seal, Cystophora 

cristata. Canadian Journal of Zoology 65:1–8. 

12. Oftedal, O.T., Boness, D.J., and Tedman, R. 1987. The behavior, physiology 

and anatomy of lactation in the Pinnipedia, Current Mammalogy 1:175–245. 

13. Ono, K.A., Boness, D.J., and Oftedal, O.T. 1987. The effect of a natural environmental disturbance on maternal investment and pup behavior in the California 

sea lion. Behavioral Ecology and Sociobiology 21:109–118. 

14. Oftedal, O.T., Iverson, S.J., and Boness, D.J. 1987. Milk and energy intakes 

of suckling California sea lion (Zalophus californianus) pups in relation to sex, 

growth and predicted maintenance requirements. Physiological Zoology 60:560–575. 

15. Thompson, S.D., Ono, K.A., Oftedal, O.T., and Boness, D.J. 1987. 

Thermoregulation and resting metabolic rates in the California sea lion, Zalophus 

californianus. Physiological Zoology 60:730–736. 

16. Boness, D.J., Bowen, W.D., and Oftedal, O.T. 1988. Evidence of polygyny from 

spatial patterns in the hooded seal (Cystophora cristata). Canadian Journal of Zoology 66:703–706. 

17. Oftedal, O.T., Boness, D.J., and Bowen, W.D. 1988. The composition of hooded 

seal (Cystophora cristata) milk: An adaptation for postnatal fattening. Canadian 

Journal of Zoology 66:318–322. 

18. Oftedal, O.T., Bowen, W.D., Widdowson, E., and Boness, D.J. 1989. Effects of 

suckling and the postsuckling fast on weights of the body and internal organs of 

harp and hooded seal pups. Biology of the Neonate 56:283–300. 

19. Boness, D.J. 1990. Fostering in Hawaiian monk seals: is there a reproductive 

cost? Behavioral Ecology and Sociobiology 27:113–122. 

76 

20. Boness, D.J. 1991. The determinants of mating systems in the Otariidae 

(Pinnipedia). In: Behaviour of Pinnipeds, D. Renouf (ed.). Chapman: London, Pp. 1– 

44. 

21. Boness, D.J., Oftedal, O.T., and Ono, K.A. 1991. The effects of El Nin ̃ o on pup 

development in the California sea lion. 1. Early postnatal growth. In: Pinnipeds and 

El Nin ̃ o: Responses to Environmental Stress, F. Trillmich and K.A. Ono (eds.), 

SpringerVerlag: Hiedelberg. Pp. 173–179. 

22. Iverson, S.J., Oftedal, O.T., and Boness, D.J. 1991. The effects of El Nin ̃ o on pup development in the California sea lion. 2. Milk and energy intake. In: Pinnipeds 

and El Nin ̃ o: Responses to Environmental Stress, F. Trillmich and K.A. Ono (eds.), 

SpringerVerlag: Hiedelberg. Pp. 180–184. 

23. Ono, K.A., and Boness, D.J. 1991. The influence El Nin ̃ o on mother-pup behavior, pup ontogeny and sex ratios in the California sea lion. In: Pinnipeds and 

El Nin ̃ o: Responses to Environmental Stress, F. Trillmich and K.A. Ono (eds.), 

Springer-Verlag: Hiedelberg. Pp. 185–192. 

24. Heath, C.B, Ono, K.A., Boness, D.J., and Francis, J.M. 1991. The influence 

of El Nin ̃ o on female attendance patterns in the California sea lion. In: Pinnipeds 

and El Nin ̃ o: Responses to Environmental Stress, F. Trillmich and K.A. Ono (eds.), 

Springer-Verlag: Hiedelberg. Pp. 138–145. 

25. Oftedal, O.T., Bowen, W.D., Widdowson, E., and Boness, D.J. 1991. The prenatal molt and its ecological significance in hooded and harbor seals. Canadian 

Journal of Zoology 69:2489–2493. 

26. Francis, J.F., and Boness, D.J. 1991. The effect of thermoregulatory behaviour 

on the mating system of the Juan Fernandez fur seal, Arctocephalus phillippii. Behaviour 119:104–127. 

27. Boness, D.J., Bowen, W.D., Iverson, S.J., and Oftedal, O.T. 1992. Influence of 

storms and maternal size on mother-pup separations and fostering in the harbor 

seal, Phoca vitulina. Canadian Journal of Zoology 70:1640–1644. 

28. Bowen, W.D., Oftedal, O.T., and Boness, D.J. 1992. Mass and energy transfer 

during lactation in a small phocid, the harbor seal, Phoca vitulina. Physiological Zoology 65(4):844–866. 

29. Boness, D.J., Bowen, W.D., and Francis, J.M. 1993. Implication of DNA 

fingerprinting for understanding mating systems and reproductive strategies of 

pinnipeds. Symposia of the Zoological Society of London 66:61–93. 

30. Iverson, S.J., Bowen, W.D., Boness, D.J., and Oftedal, O.T. 1993. The effect 

of maternal size and milk energy output on pup growth in the grey seal, 

Halichoerus grypus. Physiological Zoology 66:61–88. 

31. Oftedal, O.T., Bowen, W.D., and Boness, D.J. 1993. Energy transfer in lactating hooded seals and nutrient deposition in their pups during the 4-days from 

birth to weaning. Physiological Zoology 66:412–436. 

32. Ono, K.A., Boness, D.J., Oftedal, O.T., and Iverson, S.J. 1993. The effects of 

El Nin ̃ o on mother-pup biology in the California sea lion. In: Third California Islands Symposium: Recent Advances in Research on the California Islands, F.G. 

Hochberg (ed.). Santa Barbara Museum of Natural History: Santa Barbara, Pp. 

495–499. 

33. Boness, D.J., Bowen, W.D., and Oftedal, O.T. 1994. Evidence of a maternal 

foraging cycle resembling that of otariid seals in a small phocid, the harbor seal. 

Behavioral Ecology and Sociobiology 34:95–104. 

34. Bowen, W.D., Oftedal, O.T., Boness, D.J., and Iverson, S.J. 1994. The effect 

of maternal age and other factors on birth mass in the harbour seal. Canadian Journal of Zoology 72:8–14. 

35. Boness, D.J., Bowen, W.D., and Iverson, S.J. 1995. Does male harassment of 

females contribute to reproductive synchrony in the grey seal by affecting maternal 

performance? Behavioral Ecology and Sociobiology 36:1–10. 

36. Job, D.A., Boness, D.J. and Francis, J.M. 1995. Individual variation in vocalizations of Hawaiian monk seal, Monachus schauinslandi, pups and lack of maternal recognition. Canadian Journal of Zoology 73:975–983. 

37. Iverson, S.J., Oftedal, O.T., Bowen, W.D. Boness, D.J. and Sampugna, J. 1995. 

Prenatal and postnatal transfer of fatty acids from mother to pup in the hooded seal 

(Cystophora cristata). Journal of Comparative Physiology, 165:1–12. 

38. Boness, D.J. 1996. Water quality management in aquatic mammal exhibits. 

In: Wild Mammals in Captivity, D.G. Kleiman, M.E. Allen S. Lumpkin, and H. Harris (eds.), Chicago: University of Chicago Press, Pp. 231–242. 

39. Boness, D.J. and Bowen, W.D. 1996. The evolution of maternal care in 

pinnipeds. Bioscience 46:1–10. 

40. Ono, K.A., and Boness, D.J. 1996. Sexual dimorphism in sea lion pups, 

Zalophus californianus: differential maternal expenditure or sex-specific differences 

in energy use by the pup. Behavioral Ecology and Sociobiology 38:31–41. 

77 

41. Oftedal, O.T., Bowen, W.D., and Boness, D.J. 1996. Lactation performance and 

nutrient deposition in pups of the harp seal, Phoca groenlandica, on the ice floes 

off southeast Labrador. Physiological Zoology 69:635–657. 

42. Coltman, D.W., Bowen, W.D., Boness, D.J., and Iverson, S.J. 1997. Striking 

a balance between foraging and reproduction in the male harbour seal: an aquatically mating pinniped. Animal Behaviour 54:663–678. 

43. Perry, E.A., Boness, D.J., and Fleischer, R.C. 1998. DNA fingerprinting evidence of non-kin nursing in grey seals. Molecular Ecology 7:81–85. 

44. Boness, D.J., Craig, M.P. Honigman, L., and Austin, S. 1998. Fostering behavior in Hawaiian monk seals, Monachus schauinslandi, at Laysan Island, with comparative evidence on the effect of female density. Journal of Mammalogy 79:1060– 

1069. 

45. Coltman, D.W., Bowen, W.D., Iverson, S.J. and Boness, D.J. 1998. The 

energetics of male reproduction in an aquaticlly mating pinniped, the harbour seal. 

Physiological Zoology 71(4):387–399. 

46. Francis, J.M., Boness, D.J., and Ochoa-Acufia, H. 1998. A protracted foraging 

and attendance cycle in female Juan Fernandez fur seals. Marine Mammal Science 

14:552- 574. 

47. Bowen, W.D., Boness, D.J., and Iverson, S.J. 1998. Estimation of total body 

water in harbour seals: How useful is bioelectric impedance analysis? Marine Mammal Science 14:765–777. 

48. Ochoa-Acun ̃ a, H., Francis, J.M., and Boness, D.J. 1998. Interannual variation 

in birth mass and postnatal growth of Juan Fernandez fur seals. Canadian Journal 

of Zoology 76:978–983. 

49. Schaeff, C.M., Boness, D.J., and Bowen, W.D. 1999. Female distribution, genetic relatedness, and fostering behaviour in harbour seals (Phoca vitulina). Animal 

Behaviour 57:427–434. 

50. Boness, D.J. 1999. The grey seal, Halichoerus grypus. In: The Complete Book 

of North American Mammals, D.E. Wilson (ed.), Smithsonian Institution Press: 

Washington, D.C., Pp. 211–213. 

51. Boness, D.J. 1999. The ribbon seal, Phoca fasciata. In: The Complete Book of 

North American Mammals. D.E. Wilson (ed.), Smithsonian Institution Press: Washington, D.C., Pp. 203–204. 

52. Boness, D.J. 1999. The hooded seal, Cystophora cristata. In: The Complete 

Book of North American Mammals. D.E. Wilson (ed.), Smithsonian Institution Press: 

Washington, D.C., Pp. 215–216. 

53. Wells, R.S., Boness, D.J., and Rathbun, G. 1999. Behavior. In: The Biology of 

Marine Mammals, J.E. Reynolds, III and S.A. Rommel (eds.). Smithsonian Institution Press: Washington, D.C., Pp. 324–422. 

54. Goldsworthy, S., Boness, D.J.,and Fleischer, R.C. 1999. Mate choice in 

sympatric fur seals: female preference for conphenotypic males. Behavioral Ecology 

and Sociobiology 45:253–267. 

55. Schwartz, M.K., Boness, D.J., Schaeff, C.M., Majluf, P.M., Perry, E.A., and 

Fleischer, R.C. 1999. Female solicited extra-pair matings in Humboldt penguins fail 

to produce extra-pair fertilizations. Behavioral Ecology 10:242–250. 

56. Ambs, S., Boness, D.J., Bowen, W.D., and Fleischer, R.C. 1999. Proximate factors associated with high levels of extra-consort fertilizations in polygynous grey 

seals. Animal Behaviour 58:527–535. 

57. Bowen, W.D., Boness, D.J., and Iverson, S.J. 1999. Diving of lactating harbour 

seals and their pups during maternal foraging trips. Canadian Journal of Zoology 

77:978–988. 

58. McCulloch, S., and Boness, D.J. 2000. Mother-pup vocal recognition in the 

grey seal (Halichoerus grypus) of Sable Island, Nova Scotia, Canada. Journal of Zoology 253:449–455. 

59. Goldsworthy, S. Francis, J.M., Boness, D.J., and Fleischer, R.C. 2000. Variation in the mitochondrial control region in the Juan Fernandez fur seal 

(Arctocephalus philippii). Journal of Heredity 91:371–377. 

60. Ellis, S.L., Bowen, W.D. Boness, D.J., and Iverson, S.J. 2000. Maternal effects 

on offspring mass and stage of development at birth in the harbour seal, Phoca 

vitulina. Journal of Mammalogy 81:1143–1156. 

61. Taylor, S.S., Leonard, M.L., and Boness, D.J. 2001. Aggressive nest intrusions 

by single male Humboldt penguins. Condor 103:162–165. 

62. Bowen, W.D., Iverson, S.J., Boness, D.J., and Oftedal, O.T. 2001. Energetics 

of lactation in harbour seals: Effect of body mass on sources and level of energy allocated to offspring. Functional Ecology 15:325–334. 

63. Lidgard, D.C., Boness, D.J., and Bowen, W.D. 2001. A novel mobile approach 

to investigating grey seal male mating tactics. Journal of Zoology 255:313–320. 

78 

64. Ellis, S.L., Bowen, W.D. Iverson, S.J., and Boness, D.J. 2001. Maternal effects 

on growth rate and weaning mass of harbor seal offspring. Canadian Journal of Zoology 79:1088–1101. 

65. Taylor, S.S., Leonard, M.L., Boness, D.J., and Majluf, P. 2001. Foraging trip 

duration increases for Humboldt penguins tagged with time-depth recorders. Journal of Avian Biology 32(4):369–372. 

66. Paredes, R., Zavalaga, C.B. and Boness, D.J. 2002. Patterns of egg laying and 

breeding success in relation to number of broods and timing of laying in Humboldt 

penguins (Spheniscus humboldti) in Peru. Auk 119:244–250. 

67. Boness, D.J. Estrus and estrus behavior. 2002. In: The Encyclopedia of Marine 

Mammals, Perrin, W.F., Wursig, B. and Thewissen, H.G.M. (eds.). Academic Press, 

San Diego, CA, Pp. 395–398. 

68. Boness, D.J. Sea lions, overview. 2002. In: The Encyclopedia of Marine Mammals, Perrin, W.F., Wursig, B. and Thewissen, H.G.M. (eds.). Academic Press, San 

Diego, CA, Pp. 1066–1068. 

69. Boness, D.J., Clapham, P.J., and Mesnick, S.L. 2002. Life history and reproductive strategies of marine mammals. In: Marine Mammal Biology: An Evolutionary Approach. R. Hoelzel (ed.). Blackwell Science, Oxford, U.K., Pp. 278–324. 

70. Perry, E.A., Boness, D.J., and Insley, S.J. 2002. Do sonic booms affect the reproductive behavior of grey seals and harbor seals? Journal of the Acoustical Society 

of America 111:599–609. 

71. Taylor, S.S., Leonard, M.L., Boness, D.J., and Majluf, P. 2002. Foraging in 

Humboldt penguins during the chick-rearing period: general patterns, sex differences, and recommendations to reduce incidental catches in fishing nets. Canadian Journal of Zoology 80:700–707. 

72. Bowen, W.D., Tully, D., Boness, D.J., Bulhier, B., and Marshall, G. 2002. Preydependent foraging tactics and prey profitability in a marine mammal. Marine Ecology Progress Series 244:235–245. 

73. Stevens, M.A., and Boness, D. J. 2003. Influences of habitat features and 

human disturbance on use of breeding sites by a declining population of South 

American fur seals. Journal of Zoology 260:145–152. 

74. Bowen, W.D., Ellis, S., Iverson, S.J., and Boness, D.J. 2003. Maternal and 

newborn life-history traits during periods of contrasting population trends: implications for explaining the decline of harbor seals, Phoca vitulina, on Sable Island. 

Journal of Zoology 261:155–163. 

75. Lidgard, D.C., Boness, D.J., Bowen, W.D., and McMillan, J.I. 2003. Diving behaviour during the breeding season in the terrestrial breeding male grey seal: implications for alternative mating tactics. Canadian Journal of Zoology 81:1025–1033. 

76. Taylor, S. S., Leonard, M.L., Boness, D.J., and Majluf, P. 2004, Foraging patterns in non-breeding Humboldt Penguins (Spheniscus humboldti). Marine Ornithology 32:63–67. 

77. Lidgard, D.C., Boness, D.J., McMillan, J.I., Fleischer, R.C., and Bowen, W.D. 

2004. Reproductive success of male mating tactics in the polygynous grey seal. Molecular Ecology 13:3543–3548. 

78. Paredes, R., Jones, I.L. and Boness, D.J. 2005. Reduced parental care, compensatory behaviour and reproductive costs experienced by female and male thick-billed 

murres equipped with data loggers. Animal Behaviour 69:197–208. 

79. Noren, S.R., Iverson, S.J. and Boness, D.J. 2005. Development of the blood 

and muscle oxygen stores in gray seals (Halichoerus grypus): Implications for juvenile diving and the necessity of a postweaning fast. Physiological and Biochemical 

Zoology 78(4):482–490. 

80. Lidgard, D.C., Boness, D.J., Bowen, W.D., and McMillan, J.I. 2005. State-dependent male mating tactics in the grey seal: the importance of body size and body 

composition. Behavioral Ecology 16(3):541–549. 

81. Austin, D., Bowen, W.D., McMillan, J.I., and Boness, D.J. 2006. Stomach temperature telemetry reveals temporal patterns of foraging success in a free-ranging 

marine mammal. Journal of Animal Ecology 75:408–420. 

82. Paredes, R., Jones, I.L., and Boness, D.J. 2006. Parental roles of male and female thick-billed murres and razorbills at Gannet Island, Labrador. Behaviour 

143:451–481. 

83. Boness, D.J., Bowen, W.D., Buhleier, B.M., and Marshall, G.J. 2006. Male 

mating tactics and mating system of an aquatic-mating pinniped: the harbor seal, 

Phoca vitulina. Behavioral Ecology and Sociobiology 61(1):119–130. 

84. Bowen, W.D., Iverson, S.J., McMillan, J.I., and Boness, D.J. 2006. Reproductive performance in grey seals: age-related improvement and senescence in a capital 

breeder. Journal of Animal Ecology 75(6):1340–1351. 

79 

85. Paredes, R., Jones, I.L. and Boness, D.J., Tremblay, Y., and Renner, M. 2008. 

Sex-specific differences in diving behaviour of two sympatric Alcini species: thickbilled murres and razorbills. Canadian Journal of Zoology 86(7):610–622. 

86. Noren, S.R., Boness, D.J., Iverson, S.J., McMillan, J., and Bowen, W.D. 2008. 

Body condition at weaning affects the duration of the postweaning fast in gray seal 

pups (Halichoerus grypus). Physiological and Biochemical Zoology 81(1):269–277. 

87. Lidgard, D.C., Boness, D.J., Bowen, W.D., and McMillan, J.I. 2008. The implications of stress on male mating behavior and success in a sexually dimorphic polygynous mammal, the grey seal. Hormones and Behavior 53(1):241–248. 

88. Boness, D.J. Estrus and estrus behavior. 2009. In: The Encyclopedia of Marine 

Mammals, 2nd Edition, Perrin, W.F., Wursig, B., and Thewissen, H.G.M. (eds.). 

Academic Press, San Diego, CA, Pp. 384–388. 

89. Boness, D.J. Sea lions, overview. 2009. In: The Encyclopedia of Marine Mammals, 2nd Edition, Perrin, W.F., Wursig, B. and Thewissen, H.G.M. (eds.). Academic 

Press, San Diego, CA, Pp. 331–334. 

Theses, Non-Peer-Reviewed and Popular Publications 

1. Boness, D.J. 1973. What happens between an external stimulus and an overt 

response? A study of covert behavior. M.A. Thesis, Hollins College. 

2. Boness, D.J. 1979. The social system of the grey seal on Sable Island, Nova 

Scotia, Canada. Ph.D. Thesis, Dalhousie University 

3. Boness, D.J. 1979. Busy as a beaver. Zoogoer 8:27–31. 

4. Boness, D.J. 1980. Harp seals. Smithsonian 10:14–15. 

5. Boness, D.J., Oftedal, O.T., Ono, K.A., and Iverson, S. 1983. Maternal investment, lactation and pup development in California sea lions on San Nicolas Island, 

California: Some preliminary results. Proceedings Biennial Mugu Lagoon/San Nicolas Island Ecological Research Symposium 3:151–169. 

6. Oftedal, O.T., and Boness, D. J. 1983. Fish quality: The net result. Proceedings 

of the American Association of Zoo Veterinarians 47–51. 

7. Oftedal, O.T., and Boness, D.J. 1983. Considerations in the use of fish as food. 

Proceedings of the Dr. Scholl Conference on the Nutrition of Captive Wild Animals 

3:149–161. 

8. Oftedal, O.T., and Boness, D.J. 1986. The period of nursing: a tough time for 

seals and sea lions. Zoogoer Special Issue 6:9–11 

9. Boness, D.J. 1990. Who’s the mother? Fostering behavior in endangered Hawaiian monk seals. Zoogoer 19:10–13. 

10. Boness, D.J. 2003. Walruses (Odobenidae). Grizmek’s Animal Life Encyclopedia. 2nd Edition, Thompson Gale, MI, Vol. 14:409–416. 

11. Boness, D.J. 2003. True seals (Phocidae). Grizmek’s Animal Life Encyclopedia. 

2nd Edition, Thompson Gale, MI, Vol. 14:417–436. 

12. Boness, Daryl. 2008. Investigating the aquatic mating system of harbor seals 

using Crittercam. In Proceedings of the Animal-Borne Imaging Symposium, G. Marshall (ed.). National Geographic Society, Washington, D.C., Pp. 75–79. 

Invited Book Reviews 

1. Boness, D.J. 1981. Cetacean Behavior: Mechanisms and Functions, edited by 

L.M. Herman. Animal Behaviour 29:969–970. 

2. Boness, D.J. 1986. Fur Seals: Maternal Strategies on Land and at Sea, edited 

by R.L. Gentry and G. L. Kooyman. Marine Mammal Science 2:329–330. 

3. Boness, D.J. 1989. American Fur Seal Diplomacy: the Alaskan Fur Seal Controversy, by J.T. Gay. Journal of Wildlife Management 53(1):272–273. 

4. Boness, D.J. 1991. The Pinnipeds: Seals, Sea Lions and Walruses, by M. 

Riedman. Berkeley, University Press. Animal Behaviour 42:698. 

5. Boness, D.J. 1995. Antarctic Seals. Methods and Techniques, edited by R.M. 

Laws. Journal of Animal Ecology 64:424–425. 

6. Boness, D.J. 1998. Behavior and Ecology of the Northern Fur Seal, by R.L. Gentry. Ecology 79:2972–2973. 

7. Boness, D.J. 2001. Cetacean Societies, edited by J. Mann, R.C. Connor, P. 

Tyack, and H. Whitehead. Marine Mammal Science 17:962–964. 

Major Reports 

1. Boness, D.J., and Majluf, P. 1996. Report on the priorities for studies of otariid 

reproductive strategies, population biology and conservation. Smithsonian, Office of 

Naval Research, National Marine Fisheries Service; Washington, D.C., 44 pp. 

2. Heath, C., Boness, D.J., Bowen, W.D., Gilmartin, W., Gisiner, R., Ralls, K., 

Siniff, D., Zabel, C., and Didier, A. 1997. Steller sea lion behavior review. National 

Marine Fisheries Service; Seattle, WA, 26 pp. 

3. Gentry, R.L., Boness, D.J., Bowles, A.E., Insley, S.J., Payne, R. Schusterman, 

R. Tyack, P., Thomas, J., and Gisiner, R. 1998. Behavioral effects of anthropogenic 

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noise in the marine environment. Office of Naval Research; Washington, D.C., 22 

pp. 

4. Williams, T.M., Boness, D.J., Bowen, W.D., Boyd, I., Croll, D., Hornig, M. 

Iverson, S.J., Calkins, D., and Didier, A. 1999. Steller sea lion physiology review. 

National Marine Fisheries Service; Seattle, WA, 34 pp. 

5. Laist, D., Reynolds, J.E. III, Boness, D.J., Gale, N., Gerrodette, T., Lowry, L.F., 

and Ragen, T.J. 2002. Hawaii monk seal program review. A report to the Marine 

Mammal Commission, 33 pp. 

6. Reeves, R.R., Read. A., Lowry, L., Katona, S.K., and Boness, D.J. 2006. Report 

of the North Atlantic right whale program review, 13–17 March 2006, Woods Hole, 

MA, Marine Mammal Commission. Bethesda, MD. 

7. Bowen, W.D., Boness, D.J., and Lowry, L.L. 2007. Review of the 2007 Draft 

Steller Sea Lion Recovery Plan. Prepared for the North Pacific Fishery Management 

Council, contracted by the North Pacific Research Board. 

Talks and Posters at Professional Meetings 

Iowa Academy of Science Meeting, Cedar Falls, IA, 1970 

Midwestern Psychological Association Meeting, Detroit, MI, 1971 

Iowa Academy of Science Meeting, Iowa City, IA, 1972 

Pavlovian Society Meeting, Sarasota, FL, 1974 

Second Biennial Conference on the Biology of Marine Mammals, San Diego, CA, 

1977 

Fourth Biennial Conference on the Biology of Marine Mammals, San Francisco, 

CA, 1981 

Twelfth Annual Conference, International Association of Aquatic Animal Medicine, Mystic, CT, 1981 

Annual Meeting of the American Association of Zoo Veterinarians, Tampa, FL, 

1983 

Third Annual Dr. Scholl Conference on the Nutrition of Captive Wild Animals, 

Chicago, IL, 1983 

Fifth Biennial Conference on the Biology of Marine Mammals, Boston, MA, 

1983 

Sixth Biennial Conference on the Biology of Marine Mammals, Vancouver, BC, 

1985 

Annual Meeting of the American Association of Zoo Veterinarians, Scottsdale, 

AZ, 1985 

Animal Behavior Society Annual Meeting, Tucson, AZ, 1986 

Third California Islands Symposium, Santa Barbara, CA, 1987 

Animal Behavior Society Annual Meeting, Williamstown, 1987 

Seventh Biennial Conference on the Biology of Marine Mammals, Miami, FL, 

1987 

Animal Behavior Society Meeting, Missoula, MT, 1988 

XXI International Ethological Conference, Utrecht, The Netherlands. 1989 

Eighth Biennial Conference on the Biology of Marine Mammals, Pacific Grove, 

CA, 1989 

Fourth European Conference on Wildlife Telemetry, Aberdeen, Scotland, 1991 

Ninth Biennial Conference on the Biology of Marine Mammals, Chicago, IL 

1991 

XXIII International Ethological Conference, Torremolinos, Spain, 1993 

Tenth Biennial Conference on the Biology of Marine Mammals, Galveston, TX, 

1993 

International Symposium on Marine Mammal Genetics, La Jolla, CA, 1994 

Smithsonian Dialogues Symposium. What about increase? Washington, D.C., 

1995 

Eleventh International Conference on the Biology of Marine Mammals, Orlando, 

FL, 1995 

International Behavioral Ecology Congress, Canberra, Australia, 1996 

Smithsonian Dialogues II Symposium. What about diffusion? Washington, D.C., 

1997 

American Society of Mammalogists, Stillwater, OK, 1997 

Animal Behavior Society, College Park, MD, 1997 

81 

International Marine Mammal Science Conference, Monaco, 1998 

Thirteenth International Conference on the Biology of Marine Mammals, Maui, 

HI, 1999 

American Society of Mammalogists, Durham, NC, 2000 

Animal Behavior Society, Atlanta, GA, 2000 

South American Marine Mammal Conference, Buenos Aires, Argentina, 2000 

Fourteenth International Conference on the Biology of Marine Mammals, Vancouver, BC, 2001 

American Society of Mammalogists, Missoula, MT, 2001 

American Society of Mammalogists, Lake Charles, LA 2002 

Society for the Study of Evolution, Chicago, IL, 2003 

Fifteenth International Conference on the Biology of Marine Mammals, Greensboro, NC, 2003 

Sixteenth International Conference on the Biology of Marine Mammals, San 

Diego, CA, 2005 

Invited Symposia 

Third Annual Maine Biomedical Science Symposium, Orono, 1977, D.J. Boness, 

Social organization of the grey seal, Halichoerus grypus. Abstract published in 

Journal of the Maine Medical Association, 68:245. 

XXII International Congress of Psychology, Leipzig, DDR, 1980, D.J. Boness 

and H. James, Sexual organization in the grey seal: An ice breeding strategy? 

Symposium on Conservation of Endangered Species in Zoos and Aquariums, 

Baltimore, 1982 D.J. Boness and O.T. Oftedal, Collection and composition of 

milk in pinnipeds, with comments on handrearing formulas. 

Symposium on Endangered Marine Animals and Marine Parks, Cochin, India, 

1985. D.J. Boness, The role of zoos in conservation of marine mammals. 

Symposium on Science and the Environment, Dartmouth University, 1991, D.J. 

Boness, The probable importance of body size in the evolution of lactation and 

maternal patterns in seals. 

Symposium on Recent Advances in Marine Mammal Science, Zoological Society 

London, 1992, D.J. Boness, W.D. Bowen, and J.M. Francis, Implications of DNA 

fingerprinting for understanding pinniped mating systems and reproductive 

strategies. 

Symposium on Mating Systems in Marine Mammals, Tenth Biennial Conference of the Biology of Marine Mammals, 1993, Galveston, TX, D.J. Boness, 

Marine mammal mating systems: a framework and overview. 

International Symposium on the Reproductive Strategies and Conservation of 

Otariids, Washington, D.C., 1996 I co-convened this symposium with Dr. Patricia Majluf of the Wildlife Conservation Society. The symposium had 82 invited 

participants from 16 countries and consisted of 2 days of invited talks and one 

and a half days of workshops. 

Sonic Boom Symposium, Acoustical Society of America, Norfolk, VA, 1998, E.A. 

Perry, D.J. Boness, and S.J. Insley, Do sonic booms affect the reproductive behavior of grey seals and harbor seals? 

Symposium on Mammalian Reproductive Strategies, 3rd European Mammalogy 

Congress, Jyvaskala, Finland, 1999, D.J. Boness and W.D. Bowen, At-sea mating strategies of harbor seal males. 

Symposium on Marine Mammals of the Holarctic, Baikal, Russia, 2002, D.J. 

Boness, W.D. Bowen, G. Marshal, and B. Buhleier, The aquatic mating system 

of harbor seals: is it lekking? 

Mini-Symposium on Biology and Conservation of Marine Vertebrates, Smithsonian National Zoological Park, 2002, D.J. Boness, A lek mating system in a marine mammal. Animal-Borne Imaging Symposium, National Geographic Society, 

Washington, D.C., 2007 

Invited Seminars, Lectures, and Workshops 

March 1984, Department of Psychobiology, Memorial University and Department of Fisheries and Oceans Canada, St. John’s, Newfoundland 

February 1985, Audubon Naturalist Society, Bethesda, MD 

March 1988, National Marine Fisheries Service, Honolulu, HI 

March 1990, Department of Zoology, University of Maryland, College Park 

82 

May 1990, Department of Vertebrate Zoology, National Museum of Natural History, Washington, D.C. 

December 1990, Department of Conservation, National Zoological Park, Front 

Royal, VA 

June 1991, Special Faculty of Science Lecture, Memorial University, St. John’s, 

Newfoundland 

October 1991, U.S. Information Agency, Washington, D.C. 

March 1992, Department of Biology, George Washington University, Washington, D.C. 

December 1992, Department of Zoology, University of Maryland, College Park 

May 1993, Department of Biology, Dalhousie University, Halifax Nova Scotia 

February 1994, Department of Biology, American University, Washington, D.C. 

April 1994, Department of Conservation, National Zoological Park, Front Royal, 

VA 

April 1994, Virginia Military Institute, Lexington, VA 

November 1994, Department of Zoological Research, National Zoological Park, 

Washington, D.C. 

November 1994, University Lecture Series, Lethbridge University, Lethbridge, 

Alberta 

November 1994, Marine Mammal Commission meeting, Woods Hole, MA 

December 1994, Hawaiian monk seal recovery team meeting, National Marine 

Fisheries Service, Honolulu, HI 

April 1995, Department of Zoology, University of Hawaii, Honolulu, HI 

November 1995, Alaska harbor seal workshop, National Marine Fisheries Service and Alaska Fish and Game Department, Fairbanks, AK 

December 1995, Workshop on translocating Hawaiian monk seals to Midway Island, Honolulu, HI 

July 1996, Smithsonian Resident Associates Lecture, Washington, D.C. 

November 1996, Marine Mammal Commission meeting, Amelia Island, FL 

February 1997, National Ocean and Atmospheric Administration, Strategic 

Planning Workshop, Washington, D.C. 

November 1997, Marine Mammal Commission meeting, Fairbanks, AK 

December 1997, Hawaiian monk seal recovery team meeting, National Marine 

Fisheries Service, Honolulu, HI 

December 1997, Workshop to evaluate past behavioral research on Steller sea 

lions and recommend future directions, National Marine Fisheries Service, Seattle, WA 

February 1998, Workshop on effects of manmade sound on the marine environment, Office of Naval Research, Washington, D.C. 

June 1998, Marine Mammal Committee meeting, American Society of 

Mammalogists, Blacksburg, VA 

June 1998, GulfCet program review, Galveston, TX 

November 1998, Marine Mammal Commission meeting, Portland, ME 

May 1999, Talk at Smithsonian Conservation and Research Center, Front 

Royal, VA 

May 1999, Seminar at Zoology Department, Cork University, Cork, Ireland 

April 2000, Lecture at Biology Department, American University, Washington, 

D.C. 

July 2000, Seminar, Department of Zoological Research, National Zoological 

Park, Washington, D.C. 

May 2002, Seminar Zoology Department, University of New Hampshire, Durham, NH 

October 2002, Marine Mammal Commission meeting, San Diego, CA 

June 2003, Seminar at Biology Department, University of New England, Biddeford, ME 

June 2003, Seminar at Bigelow Laboratory for Ocean Sciences, West Boothbay 

Harbor, ME 

October 2003, Marine Mammal Commission meeting, Newport, RI 

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November 2003, Seminar at Conservation and Research Center, Smithsonian 

Institution, Front Royal, VA 

October 2004, Marine Mammal Commission meeting, Kona, HI 

April 2005, Seminar at Biology Department, Colby College, Waterville, ME 

April 2005 Workshop on the Ecological Role of Killer Whales in the North Pacific Ecosystem 

May 2005, Seminar at Wildlife Ecology Department, University of Maine, 

Orono, ME 

August 2005, Workshop on Implementing a Research Plan to Understand the 

Role of Killer Whales in the North Pacific Ocean Ecosystem, Seattle, WA 

September 2005, Workshop on Assessing the Population Viability of Endangered Marine Mammals, Savannah, GA 

October 2005, Marine Mammal Commission meeting, Anchorage, AK 

June 2006, Seminar at Brackett Environmental Center, Auburn, ME 

May 2008, 2009, Lecture at Buckfield High School, Buckfield, ME 

May 2009, Seminar at Western Maine Audubon Society, Farmington, ME 

September 2009, Lecture at Waterberg Academy, Vaalwater, South Africa 

Senator CANTWELL. I just want to make sure we have your written testimony. We appreciate everybody’s diligence in their statement. And I am going to turn to Mr. Moreland here to make his 

statement. 

STATEMENT OF JEFFREY R. MORELAND, MEMBERDESIGNATE, AMTRAK BOARD OF DIRECTORS 

Mr. MORELAND. Good morning. Madam Chairman and Ranking 

Member Hutchison, I greatly appreciate the opportunity to be considered to serve on Amtrak’s Board. 

In addition, I am honored by President Obama’s nominating me 

to serve. In addition, I am very thankful for Senator Hutchison, for 

your encouragement and help and support through this process. 

My wife of 43 years is here to support me in this, and she has 

traveled on probably as many Amtrak routes as I have. So she 

knows as much as I do. 

I am going to give you my short version, my high-speed rail 

version of my statement. I have a business and law background. I 

worked in the Government for a number of years early in my career. I then went to work for freight railroads 30 years—approximately 18 years in Chicago for freight railroad companies and then 

12 years in Fort Worth, Texas, for the Burlington Northern Santa 

Fe Railway, which, of course, serves your State, Madam Chairman. 

In those 30 years in the rail business, I saw boards of directors 

of railroads go from wondering whether the railroads would survive 

to now where they are investing significant amounts of money for 

additional capacity in the railroads freight business. 

I believe the Amtrak can do the same. I believe that just as the 

freight railroads have been successful over the last 30 years after 

difficulty, Amtrak can have a bright future, and I think we can do 

that in the same method we were able to achieve it through the 

success of the freight railroads. 

I think that it is important for this country that we have a national railway system. I think it is important that we develop highspeed rail, and I think the Board of Directors role at Amtrak is to 

ensure that we are following what Congress and the Administration has asked us to do and will ask us to do and to make sure 

84 

that the Board monitors the practices and the goals and sets objectives for Amtrak. 

And that we meet—and set those goals and meet those goals, 

and we are able to show to the United States public that Amtrak 

is a success so that it will warrant additional funding from Government over the years. 

Thank you. 

[The prepared statement and biographical information of Mr. 

Moreland follows:] 

PREPARED STATEMENT OF JEFFREY R. MORELAND, MEMBER-DESIGNATE, AMTRAK BOARD OF DIRECTORS

Chairman Rockefeller, Ranking Member Hutchinson, and distinguished members 

of the Committee, I greatly appreciate the opportunity to be considered to serve on 

Amtrak’s Board. I am honored that the President has nominated me to serve. In 

addition, I am thankful for Senator Hutchinson’s encouragement throughout this 

process. 

I would like to briefly describe my background and qualifications for the position 

on Amtrak’s Board. In addition, I will outline some of the issues I see facing Amtrak, but most importantly, I would appreciate the views of the members of this distinguished committee on critical issues facing Amtrak. 

I have an undergraduate degree from Georgetown University’s School of Business, 

a Juris Doctorate degree from The Columbus School of Law at Catholic University 

and a MBA from the University of Chicago, School of Business. I started my career 

in government service and worked at the Securities and Exchange Commission in 

Washington, D.C. for 8 years. In 1978, I joined Santa Fe Industries, the parent company of the Atchison, Topeka, and Santa Fe Railway, in Chicago, Illinois. From then 

until I retired in 2007, I worked for companies that operated freight railroads. For 

the last twelve of those years, I worked in Fort Worth, Texas as an executive officer 

for the Burlington Northern Santa Fe Railroad. During those almost thirty years 

in the railroad business, I experienced freight railroads’ Boards of Directors questioning whether freight railroads would survive, on through to today where freight 

railroads are not only surviving but investing large amounts of capital to increase 

their capacity for the efficient movement of freight in the United States. 

Amtrak, like the freight railroads, has struggled for decades. However, I believe 

that with the proper support and encouragement from both Congress and the Administration and with a focused and stable Board of Directors and management 

team, the future of Amtrak is bright. Amtrak has made progress in recent years, 

and I believe these positive trends can continue. Just as it is important to have multiple means of moving freight, it is critically important to this country that we have 

multiple means of moving passengers throughout the United States. I also believe 

it is important to the United States passenger transportation system that Amtrak 

maintain a nationwide rail system and develop high-speed rail corridors in many 

areas of the United States. 

I believe the primary role of the directors of Amtrak is to ensure that the organization is run in the manner that Congress and the Administration intends for it to 

be run. The Board needs to clearly set Amtrak’s strategic direction and monitor Amtrak’s compliance with such direction. It must ensure that capital is allocated properly and it must set goals and monitor such goals that will show to the public that 

Amtrak is successful. If confirmed by the Senate, I feel I can play a constructive 

role in this effort. 

Thank you for your consideration of my nomination and I welcome any observations or questions that members of this committee may have. 

A. BIOGRAPHICAL INFORMATION

1. Name (Include any former names or nicknames used): Jeffrey R. Moreland. 

2. Position to which nominated: Member of Board—Directors-Amtrak. 

3. Date of Nomination: January 20, 2010. 

4. Address (List current place of residence and office addresses): 

Residence: Information not released to the public. 

Office: 2378 N. Fillmore St., Arlington, VA 22207 

5. Date and Place of Birth: June 24, 1944. 

85 

6. Provide the name, position, and place of employment for your spouse (if married) and the names and ages of your children (including stepchildren and children 

by a previous marriage). 

Nancy C. Moreland (spouse), unemployed; children: Caroline Kate Moreland, 42; 

Jennifer Anne Moreland, 40; Kimberly M. Beans, 39; Amy M. Stallmer, 34. 

7. List all college and graduate degrees. Provide year and school attended. 

University of Chicago, Booth School of Business, MBA, Executive Program, 

1981–1983. 

The Catholic University of America, Columbus School of Law, Juris Doctorate, 

1966–1970 

Georgetown University. McDonough School of Business, BSBA, 1962–1966. 

8. List all post-undergraduate employment, and highlight all management-level 

jobs held and any non-managerial jobs that relate to the position for which you are 

nominated. 

ESSA/US Dept. of Commerce, 1966–1969, Budget Analyst. 

U.S. Securities and Exchange Commission, Washington, D.C., Branch Chief, Division of Corporate Finance, 1969–1978. 

Burlington Northern Santa Fe Corp. and BNSF Railway, Fort Worth, Texas. 

June 1978-June 2007 (Including predecessor Companies of Burlington Northern 

Santa Fe Corp. in Chicago, 11–1978–1995). I started as Corporate Attorney in 

1978 and served in increasing responsible positions. In 1995, I became Senior 

VP Law & Gov. Affairs (Chief legal officer) and later Executive VP Law, Gov. 

Affairs and Corp. Secretary until December 31, 2006, then Executive VP Public 

Affairs until June 2007. 

Retired: June 2007. No further employment. 

9. Attach a copy of your resume. A copy is attached. 

10. List any advisory, consultative, honorary, or other part-time service or positions with Federal, State, or local governments, other than those listed above, within the last 5 years: N/A. 

11. List all positions held as an officer, director, trustee, partner, proprietor, 

agent, representative, or consultant of any corporation, company, firm, partnership, 

or other business, enterprise, educational, or other institution within the last 5 

years. 

The Catholic University of America, Columbus School of Law, Chairman, Board 

of Visitors. 2007-present. 

Friends of Florence, 2007 to present. Member, Board of Directors. 

Fort Worth Opera, 2005–6/2007 Member, Board of Directors. 

Cook Children’s Hospital, Member, Board of Directors, 2004–6/2007. 

12. Please list each membership you have had during the past 10 years or currently hold with any civic, social, charitable, educational, political, professional, fraternal, benevolent or religious organization, private club, or other membership organization. Include dates of membership and any positions you have held with any organization. Please note whether any such club or organization restricts membership 

on the basis of sex, race, color, religion, national origin, age, or handicap. 

In addition to #11 above, Rivercrest Country Club, Fort Worth, Texas, 1999–2004. 

13. Have you ever been a candidate for and/or held a public office (elected, nonelected, or appointed)? If so, indicate whether any campaign has any outstanding 

debt, the amount, and whether you are personally liable for that debt: No. 

14. Itemize all political contributions to any individual, campaign organization, 

political party, political action committee, or similar entity of $500 or more for the 

past 10 years. Also list all offices you have held with, and services rendered to, a 

state or national political party or election committee during the same period. 

Entity Amount 

2009—None 

2008 

Anne M. Burke, Illinois Supreme Court –$4,260* 

2007 

BNSF PAC $2,500 

86 

Entity Amount 

Costello For Congress Committee $2,000 

Friends of Jim Oberstar $2,300 

DeFazio For Congress $2,000 

Texans for John Cornyn $2,300 

Texans for John Cornyn –$2,100* 

Dan Lipinski for Congress $2,000 

Anne M. Burke, Illinois Supreme Court $10,000 

Diane Denish, Lieutenant Governor $500 

2006 

BNSF PAC $5,000 

Nelson (Ben) for U.S. Senate 2006 $2,100 

Mark Pryor for U.S. Senate $1,000 

McConnell Senate Committee. ’14 $1,000 

Kay Granger Campaign Fund $2,000 

Talent for Senate Committee $1,000 

Kay Bailey Hutchison For Senate Committee $2,100 

Texans For Senator John Cornyn $900 

Texans for Senator John Cornyn –$900* 

Texans for Senator John Cornyn $1,000 

National Republican Congressional Committee $5,000 

Alamo PAC $2,000 

Timothy Pawlenty and Carol Molnau, Gov. and Lt. Gov. $1,000 

Kathleen Sebelius and Mark Parkinson, Gov. and Lt. Gov. $1,000 

2005 

BNSF PAC $5,000 

Carper For Senate $1,000 

Nelson (Ben) For Senate 2006 $2,000 

Kay Granger Campaign Fund $2,000 

Kay Bailey Hutchison For Senate Committee $2,100 

Texans For Senator John Cornyn $2,000 

National Republican Congressional Committee $2,000 

Friends of Roy Blunt $2,000 

Congressman Joe Barton Committee $2,000 

Kathleen Sebelius and Mark Parkinson, Gov.& Lt. Gov. $2,000 

2004 

BNSF PAC $5,000 

Pete Coors For Senate $1,000 

John Thune For U.S. Senate $1,000 

2003 

BNSF PAC $5,000 

Missourians For Kit Bond $1,000 

Bush-Cheney ’04 (Primary) $2,000 

Midnight Sun Pol. Action Com. $2,500 

2002 

BNSF PAC $5,000 

National Republican Congressional Committee $500 

Friends of Max Baucus $500 

Texans for Senator John Cornyn $1,000 

Michael L. Williams, Texas Railroad Commission $1,000 

2001 

BNSF PAC $5,000 

National Republican Congressional Committee $500 

Feingold Senate Committee $200 

Gordon Smith For U.S. Senate 2002 $500 

Lipinski For Congress Committee $1,000 

2000 

BNSF PAC $5,000 

Kay Granger Campaign Fund $1,000 

Lipinski For Congress Committee $1,000 

1999 

87 

Entity Amount 

BNSF PAC $5,000 

Kay Bailey Hutchison For Senate Committee $1,000 

*(returned contributions) 

15. List all scholarships, fellowships, honorary degrees, honorary society memberships, military medals, and any other special recognition for outstanding service or 

achievements: N/A. 

16. Please list each book, article, column, or publication you have authored, individually or with others. Also list any speeches that you have given on topics relevant to the position for which you have been nominated. Do not attach copies of 

these publications unless otherwise instructed: N/A. 

17. Please identify each instance in which you have testified orally or in writing 

before Congress in a governmental or non-governmental capacity and specify the 

date and subject matter of each testimony: N/A. 

18. Given the current mission, major programs, and major operational objectives 

of the department/agency to which you have been nominated, what in your background or employment experience do you believe affirmatively qualifies you for appointment to the position for which you have been nominated, and why do you wish 

to serve in that position? 

I have over 29 years of experience in the U.S. freight railroad business. For the 

last eleven plus years, I was a senior executive of BNSF, one of the largest freight 

railroads in the United States, with service throughout the western two-thirds of 

the Nation. My responsibility during that time included managing the legal, regulatory, Federal, and state governmental affairs, communications, and corporate secretary areas of the company. Amtrak has extensive operations over BNSF, which 

required my department to deal with Amtrak on various issues. 

I hope to use my extensive railroad experience for the long term benefit of Amtrak. 

19. What do you believe are your responsibilities, if confirmed, to ensure that the 

department/agency has proper management and accounting controls, and what experience do you have in managing a large organization? 

I believe that a director of Amtrak has absolute responsibility to ensure that Amtrak has proper management and accounting controls. Amtrak’s board must provide 

the leadership to ensure that Amtrak’s management has the right people in place 

to properly manage Amtrak, and that the Board has effective processes and procedures in place to provide oversight of management. In addition, the Board must require and monitor long term goals and performance objectives for Amtrak. I have 

significant experience in board activities and ensuring that the Board of BNSF was 

able to perform its fiduciary responsibilities to BNSF shareholders. I was general 

counsel to the BNSF Board and attended every board meeting and audit committee 

for over eleven years. I managed a large law department and numerous outside law 

firms as well. 

20.What do you believe to be the top three challenges facing the department/agency, and why? 

I believe the top three challenges facing Amtrak are: 

1. Developing and implementing a 5-year strategic plan. A long-term plan that 

is adopted and closely followed is essential to the success of any large organization. 

2. Implement and monitor accounting, safety and management controls to ensure that Amtrak is meeting its obligations to the public and that its activities 

are transparent to the public. 

3. Properly allocate the limited resources that Amtrak has available to it to ensure that resources are used for the highest purposes of the overall strategic 

objectives of Amtrak. 

B. POTENTIAL CONFLICTS OF INTEREST

1. Describe all financial arrangements, deferred compensation agreements, and 

other continuing dealings with business associates, clients, or customers. Please include information related to retirement accounts. 

I receive pension payments from: 

1. BNSF Qualified Pension Plan 

2. BNSF Supplemental Pension Plan 

88 

I have stock and stock options outstanding in Burlington Northern Santa Fe Corporation. All of which are expect to be sold or converted into another companies 

stock (Berkshire Hathaway Inc.) by February 28, 2010. 

I have no other commitments or agreements with any prior employer, business 

associate, client or customer. 

2. Do you have any commitments or agreements, formal or informal, to maintain 

employment, affiliation, or practice with any business, association or other organization during your appointment? If so, please explain: No. 

3. Indicate any investments, obligations, liabilities, or other relationships which 

could involve potential conflicts of interest in the position to which you have been 

nominated 

See ‘‘B.1’’ above. 

4. Describe any business relationship, dealing, or financial transaction which you 

have had during the last 10 years, whether for yourself, on behalf of a client, or 

acting as an agent, that could in any way constitute or result in a possible conflict 

of interest in the position to which you have been nominated. 

See ‘‘B.1’’ above. 

5. Describe any activity during the past 10 years in which you have been engaged 

for the purpose of directly or indirectly influencing the passage, defeat, or modification of any legislation or affecting the administration and execution of law or public 

policy. 

As an executive officer of BNSF, I was indirectly involved in influencing the passage, defeat, and modification of legislation and affecting the administrative and 

execution of law and public policies. 

6. Explain how you will resolve any potential conflict of interest, including any 

that may be disclosed by your responses to the above items. 

I expect all stock and stock options that I own in BNSF will either be sold or converted into Berkshire Hathaway Inc. stock by February 28, 2010. 

Berkshire Hathaway, Inc. is acquiring BNSF in a merger expected to be completed in the first quarter of 2010. 

C. LEGAL MATTERS

1. Have you ever been disciplined or cited for a breach of ethics by, or been the 

subject of a complaint to any court, administrative agency, professional association, 

disciplinary committee, or other professional group? If so, please explain: No. 

2. Have you ever been investigated, arrested, charged, or held by any Federal, 

State, or other law enforcement authority of any Federal, State, county, or municipal entity, other than for a minor traffic offense? If so, please explain: No. 

3. Have you or any business of which you are or were an officer ever been involved as a party in an administrative agency proceeding or civil litigation? If so, 

please explain: No. 

4. Have you ever been convicted (including pleas of guilty or nolo contendere) of 

any criminal violation other than a minor traffic offense? If so, please explain: No. 

5. Have you ever been accused, formally or informally, of sexual harassment or 

discrimination on the basis of sex, race, religion, or any other basis? If so, please 

explain: No. 

6. Please advise the Committee of any additional information, favorable or unfavorable, which you feel should be disclosed in connection with your nomination: 

None. 

D. RELATIONSHIP WITH COMMITTEE

1. Will you ensure that your department/agency complies with deadlines for information set by Congressional committees? Yes. 

2. Will you ensure that your department/agency does whatever it can to protect 

Congressional witnesses and whistle blowers from reprisal for their testimony and 

disclosures? Yes. 

3. Will you cooperate in providing the Committee with requested witnesses, including technical experts and career employees, with firsthand knowledge of matters 

of interest to the Committee? Yes. 

4. Are you willing to appear and testify before any duly constituted committee of 

the Congress on such occasions as you may be reasonably requested to do so? Yes. 

89 

** BNSF 2007: Revenues $15.8 billion, net income $1.8 billion, assets $32 billion, Market capitalization $30 billion and employees 41,000. 

RESUME OF JEFFREY R. MORELAND

RETIRED EXECUTIVE VICE PRESIDENT LAW FOR BNSF 

Born 

Washington, D.C., June 24, 1944 

Education 

Georgetown University, Washington, D.C., BSBA 1966 

The Catholic University of America, Columbus School of Law, Washington, D.C., 

J.D. 1970 

University of Chicago School of Business, Chicago, II MBA, Executive Program— 

1983 

Employment 

U.S. Securities and Exchange Commission, Washington, D.C. 1969–1978 

Santa Fe Industries, Chicago, IL, Attorney, 1978–1983 

Santa Fe Pacific Corporation, Chicago, IL, Attorney, 1983–1995; Last position: Senior Vice President Law and Government Affairs 

Burlington Northern Santa Fe Corporation,** Ft Worth, TX, Executive Vice President Law, Gov. Affairs and Corporate Secretary, 1995–12/2006 

Executive Vice President and Public Affairs 1/1/07–6/30/07 

Activities 

Chairman, Board of Visitors, Catholic University Law School 

Member of Board, and Chairman of Audit Committee, Friends of Florence 

Personal 

Married Nancy Moreland forty-three years, four daughters, and two grandsons. 

Senator CANTWELL. Thank you very much, Mr. Moreland. 

And again, appreciate everybody’s helping us out this morning 

with an abbreviated statement. And now I am going to turn to Senator Hutchison to make a statement and to ask questions, if she 

would like. But we appreciate very much being here today. 

STATEMENT OF HON. KAY BAILEY HUTCHISON, 

U.S. SENATOR FROM TEXAS 

Senator HUTCHISON. Thank you very much, Madam Chairwoman. 

I probably will not be able to ask the questions that I would like, 

but I would like to submit a couple of questions for you to respond 

to for the record. 

Let me just say that I was part of the nominations process for 

Dr. Weener and Mr. Moreland. Being a former Member and Vice 

Chairman of the National Transportation Safety Board, I feel that 

your qualifications, Dr. Weener, are excellent. And you can contribute much to the Board through your efforts in safety already, 

both in the private sector and at the Flight Safety Foundation. 

And I will look forward to working with you and also on the 

Committee being able to visit with you and have you testify on 

what we ought to be doing that would increase our safety. We believe that aviation safety is world renowned right now. We have a 

great safety record. But in the area of human factors, we are now 

beginning to make more strides, and that is an area where you 

have expertise. So I will look forward to continuing our quest for 

90 

a perfect safety record, which is what we all want for the traveling 

public. 

And Mr. Moreland, I think you have already said what is the 

major emphasis for me, and that is, that Amtrak must be a national system, and it must be preserved. Or if it goes away, it will 

be lost forever. 

The reason that I am so supportive of your nomination is that 

you do have the background in rail that I think can contribute 

greatly to the efforts to oversee Amtrak and to look for innovative 

ways that we can keep the national system that we have in place 

and be able to make available to states and local governments the 

opportunity to feed into Amtrak, which will be good for Amtrak, as 

well as good for more access for multimodal transportation for all 

of our citizens. 

So I appreciate that you are going to serve. I hope that you will 

use the expertise that you have to make Amtrak more efficient and 

use our tax dollars wisely and keep improving the national service 

that I think is so important. 

And with that, Madam Chairman, I will have to leave. But I 

really appreciate your chairing this hearing for us and look forward 

to supporting all of these nominees. 

Senator CANTWELL. Well, thank you, Senator Hutchison. As the 

Ranking Member, we appreciate your participation. We know you 

have been involved in these nominees. I am sure that we will get 

a fast response to those questions. 

So if I could turn to my questions and start with you, Dr. Robinson? You might have heard the previous discussion with the Commandant, the future Commandant of the Coast Guard, on ocean 

acidification. And while we need more science, we also need more 

action. 

What do you envision NOAA doing to take action on ocean acidification beyond science, and do you believe that NOAA currently 

has the structure to help individuals like the shellfish industry in 

Washington or Maine deal with the economic threats posed by 

ocean acidification? 

Dr. ROBINSON. Yes. Chair Cantwell, we just this week, the Ocean 

Research and Resources Advisory Panel met in D.C. and had an 

update from NOAA regarding current actions that the agency is 

taking to further understand, address, and adapt to this issue. I 

am further confident that there is a plan in place to provide us the 

knowledge and the safeguards that we need. 

I am acutely aware of the specific threats that—impacts that it 

is having in your part of the Nation with regard to the oyster fishery there and the fact that we need to pay special attention to this 

problem. 

But I look forward, if confirmed, Madam Chair, to rally all of my 

resources to help us and help this Administration properly address 

this issue. 

Senator CANTWELL. Your position is going to deal not only with 

the science of conservation management, but with the human and 

economic realities of conservation management. How would you 

balance that? 

Dr. ROBINSON. I think that we have to consider that people are 

part of the system. I mean, they are part of the ecosystem, and we 

91 

have to have a balance of managing our resources and addressing 

economic needs of the communities that we serve. 

And so, what we will have to do is, first, conserve the resources 

that it can provide for the economic development that we need in 

our fishery communities around the Nation; two, to ensure that not 

only can we do that for this generation of fishermen and citizens, 

but for future generations as well. So we will have to build explicitly into our goals appreciation for both the ecosystem as well as 

the economic aspects of our jobs. 

Senator CANTWELL. Thank you, Dr. Robinson. 

Dr. Tillman, the International Whaling Commission is considering changes in its approach to whaling limits and the moratorium against commercial whaling, prompting much opposition and 

obviously debate. Given the current issues under debate, what do 

you see as the role of the Marine Mammal Commission and the 

United States in developing positions on whaling quotas and moratoria? 

Dr. TILLMAN. My perspective on that is the commission ought to 

be a partner in the development of U.S. positions regarding the 

International Whaling Commission. It serves on the delegation. Expressing a personal view, however, I think that they could expand 

their role, become a full partner, and help in developing these positions. 

The issue of the future of the International Whale Commission 

is one of concern to the Administration. It has played a role in fostering the process to modernize the International Whaling Commission and to address the major problem of whaling that, even 

though there is a moratorium, there is whaling going on that is out 

of control under loopholes in the convention. 

This negotiation between parties is an attempt to try to deal with 

closing those loopholes and bring the International Whaling Commission back to its role of being the lead organization for conservation of whales throughout the world. 

Senator CANTWELL. Thank you. 

Dr. Boness, I don’t know if you want to add anything to that. But 

I also wanted to ask you about just the challenges NOAA has and 

when it is forced to make decisions with limited data. The Government is required to use the best available science, even when available science is extremely minimal. What do you think that the Marine Mammal Commission should do in helping to identify and fulfill those data needs, especially in this strained fiscal environment? 

Dr. ROBINSON. Yes, I think that high-quality data is essential to 

high-quality decisions. And we should look for data from a variety 

of sources and conclude in traditional scientific undertakings as 

well as information that can be provided us through citizens, fishermen, et cetera. And so, I think with an emphasis on a comprehensive approach to data acquisition and quality, we can provide the needs—the data needs that really are necessary for us to 

make the sound decisions, management decisions at the agency. 

So I look forward to working with my colleagues, if confirmed, on 

data acquisition issues and other areas that we obviously have 

some commonalities with. 

Senator CANTWELL. Thank you. 

Dr. Boness, would you like to chime in there? 

92 

Dr. BONESS. Yes. Thank you, Madam Chairwoman. 

Regarding the International Whaling Commission issue, the Marine Mammal Commission has looked at the proposal that is being 

discussed and provided an initial response. In fact, there are still 

many things that are unanswered and details that are not included 

in the proposal. The Commission will certainly be very interested 

in the final proposal and will evaluate it at the time. 

With regard to making decisions with limited information, this is 

often a primary mode of operation in conservation—it is critical to 

make decisions before all the data that you would like to have are 

available to make clear and decisive conclusions. 

One of the things that is critical is that there be a process in 

place to evaluate the potential alternatives, and the commission 

has had some meetings in the past where they have brought in experts to discuss potential ways of becoming more objective in evaluating those sorts of decisions. It is a constant problem that is dealt 

with in conservation. 

The Commission also—— 

Senator CANTWELL. Where would you say we are on data? 

Dr. BONESS. On data? Well, it varies from species to species. For 

some species we have an incredible amount of data. For example, 

the Hawaiian monk seal, is probably one of the best studied endangered marine mammals, yet we still have problems with population 

decline. In fact, this is one of the species I referred to earlier that 

is perilously close to extinction. 

So, clearly, one needs to invest more effort in collecting data, but 

you have to make decisions as you go with the data in hand that 

you have. This is why adaptive approaches are important to have. 

So as you gain more information, you make adjustments to the recommendations and decisions that are made. 

Senator CANTWELL. Thank you. 

Well, we will certainly look forward to discussing how we can get 

more data even in these tough economic times because I think 

given our experiences in the Northwest, we see how critical that is 

to having commonality of how to move forward based on good scientific data. 

Mr. Moreland, I would like to ask you about obviously here in 

the Northeast, a lot of people understand Amtrak and have a great 

service for it. But Washington State is the final destination of the 

Empire Builder and the Coast Starlight. And so, there have been 

many partnerships between the State and Amtrak for years in between Portland and Vancouver. 

And one of the issues, obviously, as you know, is Class 1 railroads own their own infrastructure. So Amtrak trains in Washington State share the track with Burlington Northern, but freight 

has a priority. And because the track is shared, the State and Amtrak and Burlington Northern all have to agree on investment priorities, and sometimes, you can imagine that they differ in opinion. 

I imagine this is probably replicated across the country. And if 

confirmed, given your experience at Burlington Northern, what do 

you think are some of the unique things that we could do to help 

Amtrak and Class 1 railroads facilitate these agreements on major 

rail investments and the support of high-speed rail as well as 

freight rail? 

93 

Mr. MORELAND. Well, I am very much in favor of the partnership 

between the State’s Amtrak and the private railroads, Burlington 

Northern Santa Fe. I think you will see that over the years that 

Burlington Northern Santa Fe did have one of the best records in 

terms of on-time performance for Amtrak trains. 

I think the best way to do that is with a strong partnership so 

that everybody has the same interest in getting this achieved. I do 

say it is perception that freight railroads own—they do own the 

tracks, of course. But they don’t have a priority. Amtrak does, 

under the law, have a priority. And it should continue to have that 

priority. And I am a strong believer in finding the ways of making 

that work. 

At the same time, there is a lot of freight moving out of Seattle, 

which is important to the State of Washington. And it is critical 

that freight move on time as well. We have to find a way of getting 

both running and cooperating and operating so that passenger 

trains, not just Amtrak, but your passenger trains, commuter lines 

that run along the sound, as well as the freight, is able to do that 

and through partnerships agree to the allocation of capital to make 

sure that that is achieved properly. 

Senator CANTWELL. Well, this is critically important for us in the 

Northwest. We certainly appreciate the investment in high-speed 

rail capacity. But we obviously, given I think we were probably the 

intake for about 20 percent of cargo coming in for China, we also 

have to move freight. 

Mr. MORELAND. Yes. 

Senator CANTWELL. Or else we will lose that to Canada. 

Mr. MORELAND. It is one of the—I have ridden those lines probably five times a year until I retired, and I understand the problem. You have some unique issues there because of where the real 

estate is, right along the sound. But it is a doable situation, a 

workable situation. I think Burlington Northern works as hard as 

they can to do that, and we need to make sure—Amtrak needs to 

continue working with them and the State of Washington to 

achieve the goals of all three entities in this. 

Senator CANTWELL. Thank you. 

Dr. Weener, I understand that the Flight Safety Foundation, you 

spent considerable amount of time at looking at issues of runway 

safety and ground accident prevention. Where do you think the 

FAA is in respect to these issues? 

Dr. WEENER. With respect to runway safety, the Flight Safety 

Foundation initiated a program about 3 years ago, an international 

one, and it was driven in large part by European interests. Initially, we looked at runway safety from a broad perspective. That 

included runway incursions, runway confusion, and runway excursions, excursions being going off the side or the end of a runway. 

Runway incursions have brought a great deal of attention because of the Tenerife accident of 32 years ago. That was a collision 

on the ground between two 747s. Since that time, the FAA has put 

a great deal of emphasis on runway incursions, and runway incursions had become a relatively rare event. Now they are reported 

often, but runway incursions are counted even though there is not 

an accident. 

94 

If we look at simply accidents, then about one-third—actually 30 

percent worldwide over the last 15 years or so—30 percent of the 

accidents have been runway excursions. For that reason, the Runway Safety Initiative has chosen to focus almost entirely on runway excursions. I think the FAA could pay more attention to runway excursions. 

Senator CANTWELL. Thank you. 

In 2005, we had the unfortunate incident of an EMS emergency 

service helicopter crashing into Puget Sound, taking the life of a 

pilot and two nurses. And so, I have spent a lot of time getting up 

to speed and understanding what the oversight and regulation has 

been and trying to improve the safety of the Air Medical Service. 

We passed out of this committee language that I authored in Section 507 of the current FAA bill, which is built on a number of the 

NTSB 2006 recommendations. I recognize that Air Medical Service 

is inherently a challenging and dangerous job, but the question is 

how do you manage that risk? And I don’t know if you have 

thoughts you would like to offer on that this morning? 

Dr. WEENER. It is probably premature for me to offer any strong 

opinions. Nevertheless, the NTSB held a hearing last year, as I recall, that addressed helicopter emergency medical services, and a 

number of safety recommendations came out of that hearing, including items like terrain awareness systems, flight operation quality assurance, FOQA, which means getting data off of the airplanes 

to understand how they are being operated, the helicopters in particular. 

This is an area where there is a lot of risk. There is a tendency 

to try to fly under any circumstances. There is a bit of an element 

of trying to be heroic in the face of somebody having had an accident and being severely injured. I am sure this is an area that is 

going to continue to receive attention in the future. 

Senator CANTWELL. Well, we will look forward to working with 

the NTSB on that. 

Again, I want to thank all of the nominees for being here. Thank 

their families for coming to today’s hearing and for your patience 

and dedication as your loved ones serve our country, and we look 

forward to processing these nominees quickly. 

We will leave the record open for a short time period here, I 

think 2 weeks, to make sure that we get comments and questions 

answered. 

So thank you very much for being at today’s hearing. 

The hearing is adjourned. 

[Whereupon, at 11:48 a.m., the hearing was adjourned.] 

(95) 

A P P E N D I X 

PREPARED STATEMENT OF HON. DANIEL K. INOUYE, U.S. SENATOR FROM HAWAII

I wish to congratulate the nominees appearing before the Committee today and 

to thank them for their commitment to public service. I look forward to supporting 

your nominations through the confirmation process and working with you in your 

new positions. 

In particular, I would like to touch upon the nomination of Vice Admiral Robert 

J. Papp to serve as the Commandant of the United States Coast Guard. Managing 

the extensive and diverse missions and responsibilities of the U.S. Coast Guard is 

a monumental task, and I have no doubt that Admiral Papp will fulfill his duties 

admirably, if confirmed. While not part of the Department of Defense (DOD) services, the role of the Coast Guard in protecting national security is on par with the 

other services. As such, they should be given appropriate recognition for this, including rank and retirement policies that are consistent with the Department of Defense. 

The Coast Guard has served with great distinction over the years. They served 

well in the Persian Gulf. In addition, the Coast Guard provided critical leadership 

in the rescue and response efforts in Haiti. They were also first on the scene following Hurricane Katrina. Moreover, the Coast Guard performs other important 

missions including search and rescue, drug interdiction, environmental protection, 

and fisheries enforcement. 

In Hawaii, the Coast Guard is a very special friend. They are always rescuing 

someone in peril or guarding our ocean borders from foreign incursions. The area 

covered by District 14 is the largest of all the Coast Guard Districts, and the challenges are magnified. I would like to take this opportunity to thank the men and 

women of the Coast Guard for their outstanding service to our country, and in particular for their efforts on behalf of the people of Hawaii. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. FRANK R. LAUTENBERG TO

VICE ADMIRAL ROBERT J. PAPP, JR. 

Question 1. The President’s budget request cuts funding for Coast Guard oper- ations by $75 million. The Coast Guard is already being asked to do more with limited resources. How will the Coast Guard be able to maintain its high level of performance under a reduced budget? 

Answer. The Fiscal Year 2011 Budget Request provides the Coast Guard with the 

necessary resources to carry out its missions. The budget focuses resources toward 

recapitalization of aging cutters, aircraft, and supporting infrastructure. Recapitalization is critical to preserving future surface, air, and shore asset capability. The 

FY 2011 budget makes recapitalization a top priority, while allowing the Coast 

Guard to continue to perform its statutory missions in the most effective, efficient, 

and professional manner possible. 

Question 2. I am very concerned about the recommendation to eliminate five of 

the twelve Marine Safety and Security Teams, including the team assigned to the 

Port of New York and New Jersey. This Port is directly linked to what the FBI 

deemed the most dangerous two miles in America for a terrorist attack. Was a full 

risk assessment done before this decision was made to determine that the security 

of the Port of New York and New Jersey would not be affected by the loss of this 

team? 

Answer. The FY 2011 budget transitions the Maritime Safety and Security Teams 

(MSSTs) to a regional model, enabling the Coast Guard to rapidly deploy teams of 

skilled professionals to ports and operating areas across the country based on risk 

and threats as needed. The decision to transfer to a regional model factored in geographic distribution/coverage; mission requirements; port complexities; and proximity to other Coast Guard assets, as well as other Federal, state, and local capabilities. 

96 

The Coast Guard will continue to leverage all available intelligence resources and 

partnerships across DHS, the Federal Government, and state and local law enforcement to collectively mitigate risks and ensure the security of the Nation’s ports. 

Question 3. Would these five Marine Safety and Security Teams be eliminated if 

the Coast Guard budget were not reduced? 

Answer. Efforts to gain efficiencies, eliminate redundancies, and maximize resources toward carrying out all eleven statutory missions would have been pursued 

under any budget scenario. 

Question 4. According to a recent report by the Government Accountability Office, 

the Coast Guard met its defense readiness levels only forty-four percent of the time 

in 2009-the lowest level since 2004. As Commandant, what actions will you take to 

bring readiness levels up to 100 percent? 

Answer. The Coast Guard’s ability to perform its missions is closely tied to its assets—we were unable to meet all of our 2009 performance goals, as noted by the 

GAO, largely due to the degraded condition of the Coast Guard’s assets. 

If confirmed, I will work with Congress to recapitalize our fleet of High Endurance Cutters through the continued acquisition of National Security Cutters (NSC). 

The NSCs will yield essential system-wide capability improvements for defense 

readiness and other maritime homeland security mission areas. 

To improve Port Security Unit (PSU) readiness, I will continue to build upon a 

number of recently implemented initiatives, including personnel management enhancements to reduce staffing gaps; documentation and tracking of training requirements; and employment of a PSU rotational cycle to improve the deploy-return-reconstitute cycle. 

Question 5. I recently went to Haiti and saw the devastation following the earthquake. I commend you for the critical work the Coast Guard performed in Haiti. 

Your ships were the first to arrive and because of the skills of the Coast Guard, 

lives were saved. Will tight budgetary constraints affect the Coast Guard’s ability 

to respond to disasters of this kind in the future? 

Answer. The Coast Guard provided the first U.S. response asset on scene less 

than 18 hours after the earthquake. The Coast Guard’s broad statutory authorities, 

nimble organizational structure, and multi-mission platforms enabled it to quickly 

flow forces to assist with the international response in Haiti. 

The Coast Guard’s ability to perform its missions is closely tied to its assets. Recapitalization is imperative to meet future demands. The FY 2011 budget makes recapitalization a top priority, while continuing to direct resources to our highest operational needs based on current risks, threats, and mission requirements. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

VICE ADMIRAL ROBERT J. PAPP, JR. 

Question 1. We often rely on the technical and legal expertise of agency staff when 

we are developing or reviewing proposed legislation. Can all members of the Committee, and their staff on their behalf, count on this cooperative relationship continuing with the Coast Guard? 

Answer. Yes. 

Question 2. The Coast Guard has requested $10.08 billion in the Fiscal Year 2011 

budget, a $75 million decrease from the Fiscal Year 2010 budget. As the only branch 

in the Armed Forces to take a cut in this year’s budget request, how will the decrease in funding impact Coast Guard operations? Do you support the decrease in 

Coast Guard funding? 

Answer. The President’s FY 2011 budget request provides the Coast Guard the 

necessary resources to carry out its missions. I support this budget. 

The FY 2011 budget focuses resources toward recapitalization of aging cutters, 

aircraft and supporting infrastructure. Recapitalization is critical to preserving future surface, air, and shore asset capability. What the Coast Guard builds today will 

secure the Nation’s borders, rescue those in peril, preserve essential trade and commerce, and protect the environment for decades to come. Under the FY 2011 budget, 

the Coast Guard will continue to perform its statutory missions in the most effective, efficient and professional manner possible. 

Question 3. The Fiscal Year 2011 budget would cut 1,172 military positions. What 

is the operational impact of this decrease? 

Answer. The reduction in personnel is primarily related to ships that are being 

pulled from active duty as we recapitalize our aging fleet. We are also adding over 

300 civilian positions to meet our goals for balancing our workforce between military 

and civilian personnel. Consequently, the net reduction is approximately 773 posiVerDate Nov 24 2008 14:17 Jan 25, 2011 Jkt 063798 PO 00000 Frm 00100 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\63798.TXT SCOM1 PsN: JACKIE
97 

tions. Under the FY 2011 budget request, the Coast Guard will continue to perform 

all of its statutory missions in the most effective, efficient, and professional manner 

possible. 

Question 4. What is the impact on remaining personnel and their families? 

Answer. The FY 2011 budget fully funds military pay benefits and entitlements 

for regular and Reserve members, including a 1.4 percent military pay raise. The 

Coast Guard will remain aligned with Department of Defense on any changes to pay 

and benefits as mandated by the National Defense Authorization Act. 

Active duty military personnel attached to units slated for decommissioning in the 

budget will be transferred to new units with full consideration of the needs of the 

members of the Coast Guard and their families. 

Question 5. The Coast Guard has recently proposed to eliminate five of its twelve 

Maritime Safety and Security Teams (MSST). How will these closures impact the 

remaining MSSTs? 

Answer. The resources at the remaining seven MSSTs, including personnel, boats, 

operations, and maintenance funding, will not be affected. These MSSTs are positioned regionally to deploy nationally to address maritime security threats. 

Question 6. Is the Coast Guard committed to maintaining a MSST in Galveston? 

Answer. The FY 2011 budget does not affect MSST Galveston. 

Question 7. One of the key issues for the Coast Guard is the tradeoff between sustaining current Coast Guard assets and the continued investment in future capability through fleet recapitalization. Can you discuss how to maintain this balance 

while continuing to meet the Coast Guard’s statutory missions? 

Answer. The FY 2011 budget focuses resources toward recapitalization of aging 

cutters, aircraft and supporting infrastructure. Recapitalization is critical to preserving future surface, air, and shore asset capability. What the Coast Guard builds 

today will secure the Nation’s borders, rescue those in peril, preserve essential trade 

and commerce, and protect the environment for decades to come. Under the FY 2011 

budget, the Coast Guard will continue to perform its statutory missions in the most 

effective, efficient, and professional manner possible. 

If confirmed, I will work with Congress to ensure the Coast Guard has the resources it needs to recapitalize aging assets while continuing to direct resources to 

our highest operational needs based on current risks, threats and mission requirements. 

Question 8. In 2008 Hurricane Ike destroyed the Sector Field Office in Galveston. 

When do you expect to have this facility rebuilt? 

Answer. The Sector Field Office Galveston facility is anticipated to be rebuilt by 

late Calendar Year 2012. In addition, the Coast Guard continues to work on a current project to replace the Aids to Navigation Team Galveston and shore-side Patrol 

Boat facilities. This project is currently 70 percent complete and is expected to be 

finished in late summer 2010. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. ROGER F. WICKER TO

VICE ADMIRAL ROBERT J. PAPP, JR. 

Question 1. In light of the proposed 2011 decommissioning (and return to the 

Navy) of Pascagoula, Mississippi-based cutters TORNADO, SHAMAL and ZEPHYR, 

how do you plan to mitigate the operational impact of the loss of these cutters? Does 

the Coast Guard have a long range plan to replace these cutters in Pascagoula, and 

how do you intend to cover the potential mission gap in the Gulf of Mexico region? 

If confirmed, would you support a re-negotiation of the present lease agreement 

with the Navy to extend the Coast Guard’s use of these Pascagoula based cutters? 

Answer. The three Pascagoula Cyclone class cutters, TORNADO, SHAMAL and 

ZEPHYR, are not planned for decommissioning in FY 2011, though the current 

agreement for use of the remaining three cutters expires at the end of FY 2011. 

The Coast Guard is currently executing a patrol boat recapitalization project to 

replaces its 49 aged, obsolete 110 foot patrol boats (WPBs) with 58 fast response 

cutters (FRC) to meet mission requirements, beginning in 2011. The new FRCs will 

provide 2,500 resource hours compared to 1,800—2,200 for WPBs as well as other 

improved capabilities, including stern boat launch and enhanced command, control, 

communications, computers, intelligence, surveillance, and reconnaissance systems. 

The Coast Guard is currently working on its FY 2011 operational planning process 

to best allocate its existing and planned cutter forces to maximize performance and 

minimize risk across all statutory missions. As we look to future planning cycles, 

we will assess all available cutter resources, including Cyclone class vessels, to best 

meet mission demands within available resources. 

98 

Question 2. During your confirmation testimony, you indicated you did not support changing the Coast Guard Academy admissions process from the current open 

enrollment system to the congressional appointment model utilized by the other 

service academies. You also stated that Academy admission of under-represented 

minorities continues to be a challenge and that the Coast Guard is expanding its 

outreach with many Historically Black Universities (HBU’s). Can you please highlight specific outreach efforts with historically black colleges and universities in Mississippi and other parts of the country? 

Answer. The Coast Guard has assigned a Captain (O–6) to the position of National Association for Equal Opportunity in Higher Education (NAFEO)/Historical 

Black College University (HBCU) Liaison. This officer is responsible for partnering 

with the leadership of NAFEO and the Presidents of HBCUs to strengthen relationships between the Coast Guard and these institutions and increasing the diversity 

of the Coast Guard active duty, reserve, and civilian work force. Additionally, the 

Coast Guard Liaison partners with other organizations that have strong ties to the 

HBCU community, including the Thurgood Marshall Scholarship Fund, the National Society of Black Engineers, the Black Engineer of the Year Awards, the RIPPLE Institute, Inc., and the White House Initiative on HBCUs. 

In addition, the Coast Guard Academy is increasing recruiting outreach in certain 

geographic areas to focus on underrepresented minorities. These areas include Jackson and Hattiesburg, MS; Birmingham, Tuscaloosa, and Marion, AL; and Atlanta, 

GA. 

Question 3. During your confirmation testimony, you stated that five Maritime 

Safety and Security Teams (MSST’s) are scheduled for decommissioning as part of 

President Obama’s proposed FY 2011 Coast Guard budget. In terms of potential decommissioned MSST equipment, how many Defender class boats will be affected 

and what is the Coast Guard’s redistribution plan for these assets? If confirmed, 

how do you plan on mitigating the increased risk of only having seven MSST’s available for response and deployment to maritime emergencies? 

Answer. The FY 2011 budget transitions the Maritime Safety and Security Teams 

(MSSTs) to a regional model. Within this new construct, the Coast Guard will still 

be able to rapidly deploy teams of skilled professionals to ports and operating areas 

across the country based on risk and threats as needed. 

As a result of the new regional model, 30 Defender class small boats will be removed from service. 

The Coast Guard will also continue to leverage all available intelligence resources 

and partnerships across DHS, the Federal Government and state and local law enforcement to collectively mitigate risks and ensure the security of the Nation’s ports. 

Question 4. President Obama’s FY 2011 Coast Guard budget includes a proposed 

net reduction of approximately 773 positions (–1,112 military, +339 civilians). Could 

you please detail your human resource plan to achieve these 1,112 active duty force 

reductions without sacrificing mission performance? 

Answer. The reduction in personnel is primarily related to ships that are being 

pulled from active duty as we recapitalize our aging fleet. Reductions to the workforce will be managed through regular attrition and strategic recruitment to minimize the impact and maximize operational capacity. Under the FY 2011 budget request, the Coast Guard will continue to perform all of its statutory missions in the 

most effective, efficient, and professional manner possible. 

Question 5. Will these active duty cuts be evenly distributed between Officer and 

Enlisted billets? 

Answer. The personnel reductions in the FY 2011 budget are directly tied to the 

decommissionings of several operational units. Those units (especially the High Endurance Cutters and MSSTs) have many more enlisted members than officers and 

that is reflected in the proposed reductions (104 officers and 1,008 enlisted). 

Question 6. Could you also please provide a breakdown of how the additional 339 

civilian billets will be distributed? 

Answer. Consistent with Administration and Departmental goals, the Coast 

Guard is committed to building an appropriate balance of in-house and contract resources. 

In FY 2011, the Coast Guard plans to implement this balanced workforce initiative to convert contracted professional services to Federal Government positions 

through establishment of 300 full time positions, of which a portion are civilian positions. Additional civilian position increases in the 2011 budget include logistics support personnel for new assets being delivered via recapitalization projects. Finally, 

the FY 2011 budget reflects a technical adjustment to account for military and civilian conversions in 2009. 

99 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO DR. LARRY ROBINSON

Question 1. What do you see as the greatest challenges facing our oceans, coasts, 

and Great Lakes, and how should NOAA address those challenges? 

Answer. The Nation’s greatest challenge related to our oceans, coasts, and Great 

Lakes will be coping with the cumulative impacts of emerging industries, traditional 

uses, and large coastal populations. Multiple direct uses, such as fishing, ocean energy, aquaculture, and recreation, are all competing for the same space in our coastal and offshore areas, and individual and collective impacts from nearby uses can 

interact to create exponential negative effects. I understand that the President’s 

Interagency Ocean Policy Task Force has proposed an Interim Framework for coastal and marine spatial planning (CMSP) that takes a holistic, spatially explicit look 

and different potential combinations of uses to decide the desired future mix of industries and protected areas. I believe that CMSP has the potential to better assess 

and plan for cumulative impacts and competing uses. If I am confirmed, I will work 

to ensure that NOAA will continue to play a key role in working with partners nationwide and providing the baseline maps, science, and other information needed to 

make informed decisions. 

The other major challenge facing our Nation is how ecosystems will evolve due 

to climate change, and how management decisions will also need to evolve to address these changes. For example, changes in ecosystems will likely mean changes 

in fishery yields and other ocean based economies. I believe that NOAA can improve 

our understanding of the interplay between species, humans, and the physical environment which is needed for responding to impacts such as ocean acidification, 

which can have far-reaching impacts on our resources and related economies. A potential for costly impacts to people, infrastructure, and economies might also result 

from sea level rise. If confirmed, I hope to support NOAA’s lead role in supporting 

research, modeling the potential range of future impacts and providing services, 

such as coastal inundation maps, to people nationwide as a basis for making sound 

planning decisions. 

Question 2. From food to fuel, we rely on oceans. Nearly 80 percent of U.S. import 

and export freight is transported through seaports. Jobs and economic opportunities 

that emerge from our oceans, Great Lakes, and coastal resources generate more 

than 50 percent of our Nation’s Gross Domestic Product and provide over 70 million 

jobs to Americans. As Assistant Secretary, you would be responsible for fisheries 

and ocean and coastal programs within NOAA. How would you recommend 

strengthening NOAA’s efforts to support the ‘‘blue economy’’ and stewardship of our 

coasts, oceans, and fisheries? 

Answer. I have discussed with the NOAA Administrator and the Secretary of 

Commerce their priority, which I will share should I be confirmed, of developing and 

deploying a ‘‘Blue-Green’’ strategy. I am honored at the prospect of working with 

NOAA and Department of Commerce leadership to create or preserve jobs and foster 

economic growth through the sustainable use, conservation or restoration of ocean 

and coastal resources. If confirmed, I would work with the talented NOAA workforce 

to use sound, science-based management decisions to ensure long term sustainability of the Nation’s resources in order to support a sustainable blue economy and 

vibrant coastal and fishing communities. I also believe that to build NOAA’s ‘‘blue 

economy’’ strategy, the agency must collaborate with all of its stakeholders to refine 

its services and products that further the growth of the blue-green economy. 

Question 3. Dr. Robinson, the National Oceanic and Atmospheric Administration’s 

programs and services affect more than one-third of our Nation’s gross domestic 

product. The agency’s mission is vital to protecting our coasts and oceans, and it 

is also critical to supporting our national economy. How would you broaden the National Oceanic and Atmospheric Administration’s support within the Federal Government and bring greater awareness about the agency’s work to the public? 

Answer. I know that NOAA is engaged collaboratively with many Federal agencies on a range of issues, providing their unique mix of data and information services related to coastal and ocean environments. These efforts will be greatly enhanced if the proposed National Ocean Council is established. This council would 

highlight ocean issues throughout the Federal Government and be a place where 

NOAA could help other agencies meet their mandates related to ocean resources by 

providing useful and timely information. As a current member of Ocean Research 

and Resources Advisory Panel (ORRAP), I have been active in advising the Federal 

sector in strengthening collaboration to improve ocean management. If confirmed, 

I plan to continue to work in the interagency process to strengthen NOAA’s role and 

support across the government. 

100 

I understand NOAA is also creating a new focus on coastal communities and processes. Our coastal areas are a major economic engine in this country and they are 

also where a majority of our citizens live, work, and play. Engaging more comprehensively in these geographic areas—where numerous other Federal agencies 

have management mandates—will also create opportunities for partnerships and to 

showcase what science and products NOAA can share to enhance these other agencies’ activities. 

Publically, NOAA’s most visible function is the National Weather Service because 

it provides the information that people need on a daily basis. Learning from that 

success, NOAA has now proposed to create a Climate Service. If confirmed, I plan 

to engage with the Climate Service to provide the public and coastal managers with 

essential climate and adaption information—a need that is of paramount importance 

to numerous coastal cities and states. 

Finally, I would like to build on the leadership shown by Dr. Lubchenco to place 

a greater emphasis on communicating science to the public. An aware and interested constituency is one the greatest actions we can take to promote future conservation, as well as knowledge of and interest in the NOAA mission. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. MARK BEGICH TO

DR. LARRY ROBINSON

Question 1. If I understand NOAA’s recent leadership reorganization, your position places you between the political leaders at the top of the organization and the 

career NOAA work force, where your responsibilities will include two areas very important to Alaska: fisheries management and marine mammal conservation. Can 

you describe your philosophy on NOAA’s statutory responsibility (in Magnuson-Stevens Act) to provide sustainable uses of ocean resources? 

Answer. The effective implementation of the Magnuson-Stevens Act is, and will 

continue to be, a very high priority for NOAA both off Alaska and across the country. The management of the marine fisheries resources in the North Pacific is often 

held out as an example of one of the most effective in the Nation. If confirmed, my 

goal will be to continue that tradition. In cooperation with the North Pacific Fishery 

Management Council, I look forward to leading NOAA’s continued work toward both 

the biological sustainability of these resources and the economic stability of the 

Alaskan communities so dependent upon them. While there will undoubtedly be 

challenges in the future, I assure you we will address them through a science-based 

and public process. 

Question 2. I’m told the new administration will soon put in place a new National 

Ocean Policy. The only view Alaskans have had of this new Policy was the release 

in September 2009 of the Ocean Policy Task Force Interim Report, which was exclusively focused on stewardship and environmental impact. Lacking in this draft policy was discussion on sustainable economic uses of the ocean and the role of Regional Fishery Management Council. As the Assistant Secretary overseeing ocean 

resource management, can I be assured that Alaska’s ocean resource users will have 

a voice at the policy table? 

Answer. In my present position outside of NOAA, I have not been involved in the 

Interagency Ocean Policy Task Force or its reports. At my confirmation hearing, I 

highlighted my philosophy that coordination is key to effective resource management. Of utmost importance is the inclusion of stakeholders in such efforts. Should 

I be confirmed, I can assure you that all resource users, including those in Alaska, 

will be able to provide input into these decisions. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

DR. LARRY ROBINSON

Question 1. We often rely on the technical and legal expertise of agency staff when 

we are developing or reviewing proposed legislation. Can all members of the Committee, and their staff on their behalf, count on this cooperative relationship continuing with your respective agencies? 

Answer. Yes, if confirmed you can count on me to continue to work with the Committee on any and all requests and try to find ways to make the communication 

even better. 

Question 2. Last September NOAA sent comments to the Minerals Management 

Service urging the Interior Department to drastically reduce plans in the Draft Proposed Outer Continental Shelf Oil and Gas Leasing Plan to open new areas to oil 

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and gas development. If confirmed would you support opening new areas of the 

Outer Continental Shelf to oil and gas development? 

Answer. I support the President and other Cabinet members in their position that 

the Administration will look at the Outer Continental Shelf (OCS) as part of a comprehensive energy program for the Nation. This broad and strategic approach will 

consider economic opportunity in the United States from energy-related jobs and 

technologies, the environmental insecurity associated with global warming, and the 

national security issues associated with dependence on foreign energy sources. It 

will not just be focused on oil and gas, but also onshore and offshore renewable and 

alternative sources of energy. If confirmed, I will make sure that any new development of our OCS oil and gas resources would be considered as part of this comprehensive energy program. 

Additionally, it is very important to me that proper environmental precautions are 

taken if any new areas of oil and gas are going to be opened on the OCS. NOAA 

has significant trust resource responsibilities in the OCS. I want to ensure that living marine resources and the coastal communities that rely upon them are protected 

in accordance with NOAA’s legislative mandates. Resilient coastal communities and 

economies depend on healthy ocean and coastal ecosystems. 

Question 3. The Administration has recently developed a framework to implement 

Marine Spatial Planning in U.S. waters. Many are concerned that this is an attempt 

to zone our oceans. How will marine spatial planning will impact current and future 

oil and gas activity? 

Answer. I do not believe that Coastal and Marine Spatial Planning (CUSP) is 

about drawing lines on a map and restricting energy development. Rather, I see it 

as a comprehensive planning process that involves all resource managers, stakeholders and users across the broad spectrum of sectors that touch the ocean. It is 

intended to build upon and significantly improve existing decision-making and planning processes, minimize user and use conflicts, identify compatible uses and activities, and result in a more coherent system of managing the diverse uses. 

As I understand the Interagency Ocean Policy Task Force’s work thus far, CMSP 

would build upon planning processes for oil and gas development; not supersede 

them. The CMSP process is not intended to halt existing projects or plans pending 

the development of coastal and marine spatial plans (CMS Plans). However, those 

responsible for making decisions on existing plans and projects would be expected 

to take into account the goals, principles and objectives of CMSP to the extent possible under existing law. Once a CMS Plan is put into effect, its implementation 

would be phased in to avoid undue disruption or delay of projects with pending permits or other applications. 

Question 4. NOAA recently released a draft policy on implementing catch shares 

for our Nation’s fisheries. While catch share have worked for many commercial fisheries I am concerned about their impact on recreational fishermen. How would you 

propose to implement a catch share scheme for a fishery with a significant recreational component? 

Answer. While I am not yet familiar with the details of NOAA’s draft catch share 

plan, I am familiar with catch share programs generally. I understand that their 

design is largely driven by the needs of the fishery. As with all programs of this 

sort in which stakeholders, including recreational fishermen, are affected, I believe 

that strong stakeholder input and involvement are key to success. Should I be confirmed, I look forward to familiarizing myself with NOAA’s draft catch share policy, 

reviewing the comments that NOAA receives from stakeholders, working with 

NOAA staff to finalize the policy and then giving fishery management councils the 

support they need, should they vote to implement a catch share program. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN THUNE TO

DR. LARRY ROBINSON

Question 1. What is your opinion of marine spatial planning and how do you believe that recreational fishing ought to be treated under this type of planning process? 

Answer. I believe that Coastal and Marine Spatial Planning (CMSP) is an important process for helping our Nation comprehensively address the multiple threats 

that are facing our oceans and coasts and the increasing demands of users for access 

to these important resources. Recreational fishing and boating are important parts 

of our Nation’s economy and social fabric that rely on these resources. In order for 

CMSP to work effectively, all users and stakeholders, including the recreational 

user community, will need to participate by expressing their views and concerns and 

working collaboratively with other parties to ensure that our ocean ecosystems are 

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healthy and resilient and able to support current and future uses of our oceans, 

coasts and Great Lakes. 

Question 2. Considering that recreational angling only accounts for 3 percent of 

the total U.S. fish landings every year, while providing an annual economic stimulus 

of $125 billion and supporting over 1 million jobs, how would you recommend that 

recreational angling and access to fishing in public waters be protected in any policies put forward by this Administration? 

Answer. NOAA is entrusted with ensuring the long-term health and use of America’s living marine resources. To meet this very direct, yet exceedingly complex 

charge, NOAA must continually promote and evaluate emerging marine science, 

build consensus and ensure compliance with management decisions, and balance 

competing needs of stakeholders with respect to such issues as access, conservation, 

recreation, and commerce. I recognize recreational saltwater fishing is vitally important to our coastal areas as both a source of recreation and significant income and 

employment for many communities. I am aware that the Interagency Ocean Policy 

Task Force is carefully considering the comments and needs of the recreational fishing community in its final report. Engaging stakeholders throughout the process is 

an essential element of both of these activities. I also understand that Dr. 

Lubchenco is committed to improving NOAA ‘s relationship with the recreational 

community. 

RESPONSE TO WRITTEN QUESTION SUBMITTED BY HON. DAVID VITTER TO

DR. LARRY ROBINSON

Question. Regarding the Ocean Policy Task Force’s Interim Framework for Effective Coastal and Marine Spatial Planning, please list all legal and regulatory tools 

the Administration planning on utilizing in its implementation of the program? 

Answer. As I have not yet been confirmed and have not been involved in the development of the Interim Framework, I cannot speak to all of the legal and regulatory tools the Administration is planning on utilizing in its implementation of 

Coastal and Marine Spatial Planning (CMSP). I understand that Interim Framework envisions that CMSP would be developed and implemented under existing authorities. Coastal and marine spatial plans (CMS Plans) would not be regulatory in 

nature, but regional planning body partners would be expected to adhere to an 

agreed-upon final CMS Plan within the limits of their existing statutory and regulatory authorities. Federal and State agencies and tribal authorities would incorporate CMS Plans into their pre-planning, planning, and permitting processes to the 

extent consistent with existing laws and regulations. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

DR. EARL WEENER

Question 1. We often rely on the technical and legal expertise of agency staff when 

we are developing or reviewing proposed legislation. Can all members of the Committee, and their staff on their behalf count on this cooperative relationship continuing with the NTSB? 

Answer. It is my understanding that the NTSB enjoys a good working relationship with the members of the Senate Commerce Committee and their staff. If I am 

confirmed to be a Board Member on the NTSB, I will be pleased to help continue 

that relationship and support the Committee Members and their staff in their efforts to develop and review proposed legislation. 

Question 2. What do you believe are the most critical transportation safety issues 

facing our Nation today? 

Answer. There are two critical transportation safety issues in which I am particularly interested: 

1. The effect of human factors, specifically those related to fatigue and distraction/attention. Both of these factors cut across all modes of transportation because the same make and model of human operator is involved regardless of 

the specific mode of transportation. The NTSB has identified fatigue as an issue 

for its Most Wanted List of Safety Improvements in several modes of transportation. Operator distraction issues are becoming more prevalent because of the 

increased availability of portable, hand-held electronic communication devices 

such as cell-phones, text messaging devices, notebook computers, etc. It is more 

important than ever to gather objective data about accidents involving operator 

distraction, whether it is a factor in the accident or part of the probable cause. 

103 

2. Implementation of Safety Management System (SMS) principles and practices, which are applicable in principle to all modes of transportation, as a 

means to further improve transportation safety. The basic elements of SMS are 

relatively straightforward: 

• Recognition by the organization’s management of its responsibility for managing 

safety as an element of the enterprise operation; 

• Awareness by management of the organization’s safety performance, which may 

require implementation of a ‘‘just culture’’ philosophy to enhance safety information flow; 

• Risk assessments of the operations and the implementation of changes to operational processes and procedures to reduce or eliminate safety risks; 

• Assessment and review of subsequent safety performance to identify refinements that further enhance safety performance. 

Question 3. NTSB recently added ‘‘Improved Oversight of Pilot Proficiency’’ to its 

Most Wanted List. As someone with a background in aviation safety, how do you 

recommend that FAA improve its oversight of the way airlines hire and train their 

pilots? 

Answer. Investigation of recent accidents has found that pilots who meet regulatory requirements sometimes lack adequate proficiency. More attention should be 

paid to proficiency as determined by testing and evaluation, including simulation 

evaluations. Crew Resource Management (CRM) training can augment technical 

flight and ground training with human factors subjects, with an emphasis being 

placed on operations by a crew rather than by individuals. 

Improved flight safety is not dependent upon new innovation; it can continue with 

effective practice of what is already well known. Implementation of safety data reporting and resolution processes such as ASAP (Aviation Safety Action Program) are 

very effective safety tools when embraced by both management and pilots. Likewise, 

FOQA (Flight Operations Quality Assurance) provides objective understanding of 

how an operator’s airplanes are being operated. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO DR. MICHAEL F. TILLMAN

Question 1. You’ve worked as both a researcher and a manager. One of the greatest challenges to effective conservation is translating good science into good policy. 

What are some of the ways you will apply your varied work experiences in order 

to turn the best available science into well-informed policies? 

Answer. I have had the good fortune of working on conservation matters as a scientist, manager, and policy-maker. Based on my experience, I would emphasize certain seemingly simple but often neglected principles. Specifically, if confirmed I 

will—— 

• prioritize research to ensure it is well-aligned with current policy needs; 

• stress the need for strategic planning to anticipate emerging conservation 

issues; 

• emphasize the value of long-term research well suited to the temporal dimensions of the policy issue; 

• emphasize an adaptive management approach that adjusts to account for new 

information and knowledge; 

• stress structured decision-making based on objective risk/benefit analyses; 

• strive to understand the socio-economic conditions in which the policies must 

be implemented; and 

• support an appropriately precautionary approach to resource management. 

Clear, concise communication also is critical for translating the best available 

science into well-informed policies. Moreover, if confirmed I will do my best to communicate frequently and regularly with policymakers to ensure that they are as well 

informed about marine mammal conservation issues as possible. 

Question 2. You’ve served three times on the U.S. delegation to the International 

Whaling Commission. Since the moratorium was imposed by the IWC on all commercial whaling, the numbers of whales harvested through exemptions and disregard for IWC policies has increased every year. What do you see as the future 

role of IWC in this decade and beyond? 

Answer. I have served on a number of U.S. delegations to the International Whaling Commission (IWC). My involvement with the IWC goes back to the 1970s. I 

104 

have served as Vice Chair and Chair, of the IWC’s Scientific Committee, as a senior 

advisor to U.S. Commissioners, and, for 10 years, as the Deputy U.S. Commissioner 

to the IWC. 

As you indicate, the number of whales being killed in scientific whaling and under 

objections to the moratorium on commercial whaling has increased ten-fold since the 

moratorium on commercial whaling was established over two decades ago. This 

whaling arguably is consistent with the terms of the International Convention on 

the Regulation of Whaling, the international agreement that governs the operation 

of the IWC. Article V of the Convention sets forth a process by which member nations may object to Schedule amendments and thus not be bound by them. Both 

Norway and Iceland have filed objections to the commercial whaling moratorium. 

Japan’s whaling is conducted pursuant to Article VIII of the Convention, which 

grants member nations independent authority to issue special permits to their nationals to allow the killing of whales for purposes of scientific research. 

My preference would be to end whaling under these exceptions by securing full 

compliance with the commercial whaling moratorium and bringing scientific whaling under the control of the IWC. After several years of pursuing these goals, however, I am convinced that our chance of achieving them fully in the near term is 

remote. That is why I support the recent efforts of the United States and several 

other countries to find a way past the current logjam that is undermining the operation and effectiveness of the IWC. These countries have been pursuing a compromise under which some significantly reduced level of whaling would be countenanced—but not legitimized—for a set period of time while IWC works on longerterm solutions to resolve the current impasse. The details of this compromise are 

still being negotiated. Consequently, without a clearer picture of the extent to which 

the number of whales being killed would be reduced, the adequacy of the monitoring 

program that would ensure that hunting limits are observed, and other elements 

of the compromise, it is too early to form a conclusion. Nonetheless, I believe that 

the negotiations have good prospects and am hopeful that they will result in a way 

forward that will retain and strengthen the role of the IWC in conserving whales 

over the next decade and beyond. If no compromise is reached and the whaling nations abandon the IWC, the whales will be the ultimate losers. 

Question 3. The recent interim report from the Joint Ocean Policy Task Force 

stressed the need for ecosystem-based management. Do you see areas where we can 

better integrate ecosystem-based management into marine mammal conservation? 

Answer. The Marine Mammal Protection Act was one of the first laws to recognize 

the value of an ecosystem-based approach to research and management. Although 

much remains to be learned about a full ecosystem-based approach, important 

progress has been made and further progress can be expected under the Marine 

Mammal Protection Act, Endangered Species Act, National Environmental Policy 

Act, Coastal Zone Management Act, and other environmental legislation. For example, efforts to reduce bycatch of non-target species in fisheries is, in many respects, 

one element of an ecosystem approach to the management of direct fishery effects. 

In essence, bycatch reduction measures protect non-target species, including marine 

mammals, from injury and mortality associated directly with fishing. 

Evaluating the indirect effects of fishing could make further progress toward an 

ecosystem approach to fishery management. The current approach to fisheries management aims to reduce the biomass of target species by as much as 60 percent or 

more, which may constitute a considerable reduction in available prey to marine 

mammals and other predators that depend on the same target species. 

Marine mammals also could benefit from research to identify and protect biological hotspots and migratory pathways. Since many marine mammals move between 

seasonal breeding and feeding grounds, seasonal adjustments to the timing and locations of certain human activities (e.g., commercial shipping, fishing, seismic testing for oil and gas, Navy exercises) may reduce substantially the potential for adverse interactions with marine mammals. The development of shipping corridors in 

the Cape Cod area provides an example of a spatial measure that greatly reduces 

the likelihood of ship strikes involving endangered right whales. 

Reducing nutrient input into coastal marine environments also could benefit marine mammals, as well as seabirds, fishes and invertebrates, by preventing or reducing the lethal effects of harmful algal blooms. Although a number of factors may 

contribute to such blooms, reducing nutrient input by controlling upstream activities 

is one way of preventing or mitigating them. 

The development and implementation of ship-quieting technologies also could reduce the potential for adverse effects on marine mammals by reducing background 

noise that may interfere with marine mammal hearing, communication, hunting 

and detection of predators. These are but a few examples of ways to minimize degVerDate Nov 24 2008 14:17 Jan 25, 2011 Jkt 063798 PO 00000 Frm 00108 Fmt 6601 Sfmt 6621 S:\GPO\DOCS\63798.TXT SCOM1 PsN: JACKIE
105 

radation of marine ecosystems for the benefit of marine mammals and other living 

marine resources. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHINSON TO

DR. MICHAEL F. TILLMAN

Question 1. We often rely on the technical and legal expertise of agency staff when 

we are developing or reviewing proposed legislation. Can all members of the Committee, and their staff on their behalf, count on this cooperative relationship continuing with the Marine Mammal Commission? 

Answer. Based upon my past professional experience, the staff of the Marine 

Mammal Commission does indeed constitute a significant source of advice and information. Given their extensive expertise, experience and historical perspective, the 

staff of the Commission constitutes a valuable resource that should be called upon 

by committee members and staff on both sides of the aisle. I would expect them to 

continue being available to explain the background on current legislation, to serve 

as an informal sounding-board for new ideas, and to provide technical drafting assistance. If confirmed, I anticipate that this level of cooperation should continue and 

encourage committee members and their staff to think first about contacting the 

Commission’s staff when they have questions or need assistance pertaining to marine mammals and the legislation relating to their conservation and management. 

Question 2. For a number of years, the Marine Mammal Commission has expressed concern about NOAA’s Fisheries Service authorization of incidental take of 

marine mammals during Navy sonar training exercises. Some of these very important exercises take place in the Gulf of Mexico. As a part of the Marine Mammal 

Commission, how would you plan to work with the Navy and with NOAA to find 

workable policies and mitigation strategies? 

Answer. I recently became aware of Jane Lubchenco’s letter of 19 January 2010 

to Nancy Sutley regarding NOAA’s review of mitigation measures in rules authorizing takes of marine mammals incidental to Navy training exercises. The letter describes three new, substantial investments that would improve the scientific basis 

for designing and implementing new mitigation strategies. With both agencies, as 

well as the Minerals Management Survey, engaging as full partners in their planning and execution, the new initiatives will include: 

• new aerial surveys for cetaceans and sea turtles to identify areas of biological 

significance and provide fine-scale density estimates; 

• a workshop to develop a plan for estimating a comprehensive sound budget for 

oceans and providing a baseline for measuring and evaluating cumulative sound 

impacts; and 

• workshops that will provide the scientific basis for designing new, effective mitigation measures that protect marine mammal habitat. 

Additionally, the letter referred to the requirement under existing permits for convening workshops to evaluate current mitigation measures and to identify new, improved mitigation strategies that could be implemented through the permits’ adaptive management provisions. Moreover, the letter stressed the new monitoring program the Navy was implementing under its existing permits. 

All of these cooperative efforts bode well for the health of affected marine mammal populations. The letter encourages me in the belief that all parties are working 

together in good faith to find and implement workable policies and implementation 

strategies. The role of the Marine Mammal Commission will be to review these efforts, evaluate them, and advise on ways to improve them, as needed. 

Question 3. Are you committed to helping the Navy find a way to conduct these 

exercises? 

Answer. Within the limits of applicable law, I am committed to helping the Navy 

accomplish its mission, including needed training. Based upon Dr. Lubchenco’s letter mentioned above and other recent consultations, I am much encouraged by the 

cooperative attitudes of both the Navy and NOAA. It appears to me that both parties are committed to working together to find ways forward that meet applicable 

national policies and legal mandates. If confirmed, I am committed to having the 

Marine Mammal Commission facilitate and support these joint activities that hold 

much promise. They will make our job much easier. 

106 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN D. ROCKEFELLER IV 

TO DR. DARYL J. BONESS

Question 1. As the Chairman of the Marine Mammal Commission, you will need 

to bring both leadership and vision to the Commission. What do you see as the 

greatest challenge facing the Commission today? And do you have a vision for what 

the Commission might look like tomorrow? 

Answer. Congress enacted the Marine Mammal Protection Act with the primary 

objective of maintaining the health and stability of the marine ecosystem. Although 

the Act focuses on marine mammals, their long-term conservation is intimately tied 

to the overall status of the world’s oceans. The greatest challenge facing the Commission is to promote measures that will sustain healthy marine mammal populations and oceans in a rapidly changing world. The U.S. Census Bureau estimates 

that, by 2030, the U.S. population will have increased by 55 million people, about 

half of whom will reside in coastal regions, but all of whom may affect marine ecosystems. The Bureau projects that the global human population will reach 8.2 billion in the same period, and such growth will place great strain on the world’s 

oceans. We are seeing many of the warning signs now, including the effects of climate change (e.g., loss of sea ice, acidification), overfishing, degradation of coastal 

habitats, harmful algal blooms, dead zones, disease, contaminants, and increasing 

noise introduced into the oceans by various human activities. Efforts to address 

such threats have been and undoubtedly will be compromised by limited resources 

and competing priorities. In many regards, the challenge is first to understand the 

diverse human activities that are interconnected to form a broad pattern of use, or 

in some cases misuse, of marine resources, and then to ensure that our research 

and management efforts are sufficiently well focused to address the resulting conservation issues. 

The Commission’s future and its ability to help resolve future conservation challenges lie largely in the quality of its staff and Committee of Scientific Advisors. To 

prepare for the foreseeable future, the Marine Mammal Commission must have a 

staff and Committee with the essential expertise to evaluate threats to marine 

mammals and ecosystems, the creativity and resourcefulness to identify potential 

solutions to those threats, the social skills to foster cooperation and coordination 

among the multiple agencies with ocean-related responsibilities, and the endurance 

to tackle those issues over time until they have reached the state of being well-managed. The Commission need not be (and indeed should not be) large, but its human 

resources are its greatest asset, and they must be sufficient to keep the Commission 

abreast, or a step ahead, of those factors that threaten our marine environment. So 

I view the Commission as a dynamic organization driven to fulfill its duties as set 

forth in the Marine Mammal Protection Act through the hard work and commitment 

of a well-informed, objective, and resourceful staff and Committee of Scientific Advisors. 

Question 2. Given declining Federal funds for scientific research, monitoring, and 

modeling, how will the Commission work in partnership with Federal agencies to 

ensure the best possible science is used in the protection and conservation of marine 

mammals? 

Answer. Partnerships are and will continue to be essential to promote marine 

mammal protection and conservation. They must be multi-agency, multi-disciplinary, and—in many cases—multi-national. The Commission will continue its regular contact with agencies that have ocean-related responsibilities, and will continue 

to emphasize the need for well-prioritized, pro-active research appropriate to the 

temporal (i.e., both short- and long-term) and spatial (i.e., both geographically focused and broad) scales involved. The Commission also will continue using its small 

research fund to identify key conservation issues, provide seed money to jump-start 

promising projects, and encourage matching funds from cooperating agencies. Importantly, the Commission also will focus on the question of whether the best available science is, indeed, adequate for the purposes at hand and, when that is not the 

case, work with involved agencies to address shortcomings. To that end, the Commission has recently been developing a web-based survey of Federal funding for marine mammal research and conservation to provide involved agencies and interested 

parties an overview of all marine mammal research and conservation efforts. This 

effort should help identify important gaps and redundancies and thereby promote 

a more effective and coherent national research strategy. 

Question 3. Marine mammals can be affected by a number of human activities. 

What role can the Commission play in resolving the inherent tension between important human uses of the oceans—such as energy development, transportation, and 

military operations—and protecting vulnerable marine mammal populations? 

107 

Answer. Here, the Marine Mammal Commission can play a number of vital roles. 

The Commission has long been and will continue to be an advocate for anticipating 

potential effects of human activities and developing pro-active solutions. It has emphasized, and will continue to emphasize, the value of collecting adequate baseline 

information to provide a basis for detecting when human activities are resulting in 

unacceptable adverse impacts. It has encouraged, and will continue to encourage, 

the development and implementation of best practices for such activities. The Commission also has emphasized the importance of monitoring and mitigation, and promoted careful evaluation of such measures to ensure that they are meeting expectations. The Commission also works closely with marine mammal experts from around 

the world and frequently fosters international cooperation to address potential risk 

factors. Finally, and importantly, the Commission has expanded, and will continue 

to expand, its relationships with other agencies to identify and circumvent risks before they become crises. For example, it meets frequently with staff from the National Marine Fisheries Service and Fish and Wildlife Service, and regularly with 

the Navy, Department of State, and Minerals Management Service. It also participates in various multi-agency committees and working groups to promote better 

problem solving. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

DR. DARYL J. BONESS

Question 1. We often rely on the technical and legal expertise of agency staff when 

we are developing or reviewing proposed legislation. Can all members of the Committee, and their staff on their behalf, count on this cooperative relationship continuing with the Marine Mammal Commission? 

Answer. If confirmed as Chairman of the Marine Mammal Commission, I would 

ensure that the Commission, its Committee of Scientific Advisors on Marine Mammals, and its staff continue to support and work closely with the Committee whenever requested to provide technical and legal expertise and advice. Indeed, the Marine Mammal Commission has endeavored to be responsive to the Committee, as 

evidenced by the completion of and submission of reports to Congress over the past 

few years on several issues that were requested by the Committee. Among these include reports on the Biological Viability of the Most Endangered Marine Mammals 

and the Cost Effectiveness of Protection Programs and Marine Mammals and Noise: 

A Sound Approach to Research and Management. I consider such cooperation and 

support to be critical elements of the Commission’s mission. 

Question 2. For a number of years, the Marine Mammal Commission has expressed concern about NOAA’s Fisheries Service authorization of incidental take of 

marine mammals during Navy sonar training exercises. Some of these exercises 

very important exercises take place in the Gulf of Mexico. As a part of the Marine 

Mammal Commission, how would you plan to work with the Navy and with NOAA 

to find workable policies and mitigation strategies? Are you committed to helping 

the Navy find a way to conduct these exercises? 

Answer. The Marine Mammal Commission has great respect for the Navy and 

recognizes the importance of Navy sonar training exercises to the national security 

of our country. The Commission also believes that the Navy is making substantial 

effort to be a good steward of the marine environment. That being said, the Commission is concerned about the effects of certain Navy exercises on the marine environment. The Commission communicates its concern in letters, but also meets quarterly with the Navy to discuss ways to address the underlying issues. For example, 

the Commission has discussed at length its concerns about the efficacy of monitoring and mitigation measures and the Navy has responded by developing an Integrated Comprehensive Monitoring Plan. Similarly, the Commission has emphasized 

the need for peer review of Navy science and the Navy has established a pattern 

of engaging the best available scientists in these reviews. 

The Navy has worked closely with NOAA to prepare incidental take authorizations for Navy exercises. NOAA also has recently reviewed mitigation measures in 

rules authorizing take of marine mammals incidental to Navy training exercises and 

announced efforts to work with the Navy to develop additional mitigation measures. 

These measures include reinitiating comprehensive aerial surveys of cetaceans, estimating a comprehensive sound budget for the oceans, identifying cetacean ‘‘hot 

spots,’’ and evaluating models of cetacean distribution. I can assure you that, if confirmed as Chairman of the Marine Mammal Commission, I will ensure that the 

Commission participates constructively in such efforts by providing useful recommendations for protecting marine mammals while facilitating the Navy’s vital 

work. 

108 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. FRANK R. LAUTENBERG TO

JEFFREY R. MORELAND

Question 1. One of the biggest challenges you will face as a Board member for 

Amtrak is developing an annual budget. The Administration’s budget request for 

Amtrak this year is $500 million dollars less than what Amtrak requested to meet 

its needs. What role will you play to spur the Administration to support Amtrak’s 

higher budget needs? 

Answer. I recognize that Amtrak is a somewhat unique entity in that the Board 

of Directors is independent of the Administration but one of the members is the Secretary of Transportation. As a member of the Board, I will advocate to all of my 

colleagues, including the Secretary that the Corporation seek the resources it needs 

to fulfill the strategy and business plan we adopt. I am also mindful that the needs 

of Amtrak are far from the only consideration that goes into developing an Administration’s budget request. Thus, I believe that where necessary, the Corporation may 

need to use its statutory authority to advocate for its resource needs independent 

of the Administration’s proposal. 

Question 2. You come from an industry where companies have the ability to make 

multi-year capital investment plans. Unfortunately, Amtrak does not have this same 

luxury and its fate rests on the annual appropriations process. How would Amtrak 

benefit from a multi-year guaranteed funding program? 

Answer. Not knowing from year-to-year what financial resources are available 

limits the ability of any entity to establish a meaningful vision other than survival 

and forces consideration of strategies that, over the long run, are not the most effective use of resources. This unfortunately, has been Amtrak’s situation since its inception. A multi-year guaranteed funding program as suggested in your question 

would go a long way toward addressing this chronic challenge. 

Question 3. In a report that studied high-speed rail in France, Japan, and Spain, 

the GAO found that these countries committed significant government support for 

their high-speed rail systems. But here in this country, every year we have to fight 

for just enough funds to keep Amtrak afloat. Is it realistic to expect a high-speed 

passenger rail system to be successful without significant government contributions 

toward capital and operating expenses? 

Answer. Few if any markets for high-speed rail are likely to be able to cover all 

of their costs, particularly initial capital costs, for the foreseeable future. If the national policy is to develop a national system of high-speed intercity passenger rail, 

then it will require substantial financial investment by others, in particular governments at all levels. Amtrak, with one foot in the public sector and one foot in the 

private sector, may also be able to play an important role in facilitating non-governmental investment to reduce the burden that would be placed on governmental 

budgets. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM UDALL TO

JEFFREY R. MORELAND

Question 1. The State of New Mexico recently constructed a third passenger rail 

line that provides regular service from Belen north to Santa Fe. I would like to see 

passenger rail expanded even further in the intermountain west to eventually provide transportation options for travelers from El Paso all the way north to Denver. 

Do you support the creation of a truly national passenger rail system that includes 

the rapidly growing Intermountain West? 

Answer. I share the vision of a truly national system of intercity passenger rail 

service that connects and serves all of our regions. I believe that the Intermountain 

West has a place in such a national system. 

Question 2. How can Amtrak achieve this goal? 

Answer. Under the Passenger Rail Investment and Improvement Act, Amtrak, the 

U.S. Department of Transportation and the States all have a role in the development and operation of intercity passenger rail service. The key planning responsibilities fall on the States and the DOT. Amtrak, because of its experience in rail operations and its right of access to the rail system, can be a valuable support to the 

States and DOT in developing plans for expanded service, such as that in the Intermountain West, and strategies for making such expanded service a reality. 

109 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. KAY BAILEY HUTCHISON TO

JEFFREY R. MORELAND

Question 1. We often rely on the technical and legal expertise of agency staff when 

we are developing or reviewing proposed legislation. Can all members of the Committee, and their staff on their behalf, count on this cooperative relationship continuing with Amtrak? 

Answer. Yes. I believe it is the responsibility of all who seek funding or other benefits from the Congress to help the Congress make informed decisions by providing 

both information and the technical expertise that Congress might request. 

Question 2. What do you believe are the major management challenges facing Amtrak today? As a board member, how will you respond to these challenges? 

Answer. A major challenge that has faced Amtrak since its inception is the inability to make multi-year commitments to planning and investment because the Corporation depends on the uncertain and highly fluctuating levels of annual appropriations. Another serious challenge has been the comparatively brief tenure of 

CEOs over the last 15 years. This lack of stability at the top of the organization 

makes it exceedingly difficult to develop and implement a strategic vision for the 

Corporation. I believe that the Board owns the latter challenge and we must provide 

both stability and very high-level direction to the senior management. With this, the 

Corporation will develop the credibility that might help Congress address the former 

challenge. 

Question 3. You have spent much of your career as an executive at BNSF. What 

can be done to improve the working relationship between Amtrak and the freight 

railroads? 

Answer. Over the years, Amtrak’s relationship with BNSF and its predecessor 

companies have been among the best. But even this relationship can be improved 

by better communications and a better understanding of each other’s needs that result in more realistic expectations of what each other can accomplish. The new Federal funding role for intercity passenger rail service, including congestion relief, offers the opportunity for win/win investments benefiting both passenger and freight 

service that will make cooperation much more productive than confrontation for 

both parts of the rail industry. 

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