33 U.S.C. § 8

LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

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“(a)Establishment.—There is established a committee to be known as the ‘Long Island Sound Stewardship Advisory Committee’.“(b)Membership.—“(1)In general.—The Administrator may appoint the members of the Advisory Committee in accordance with this subsection and the guidance in section 320(c) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)), except that the Governor of each State may appoint 2 members of the Advisory Committee.“(2)Additional members.—In addition to the other members appointed under this subsection, the Advisory Committee may include—“(A) a representative of the Regional Plan Association;“(B) a representative of marine trade organizations; and“(C) a representative of private landowner interests.“(3)Consideration of interests.—In appointing members of the Advisory Committee, the Administrator shall consider—“(A) Federal, State, and local government interests and tribal interests;“(B) the interests of nongovernmental organizations;“(C) academic interests;“(D) private interests including land, agriculture, and business interests; and“(E) recreational and commercial fishing interests.“(4)Chairperson.—In addition to the other members appointed under this subsection, the Administrator may appoint as a member of the Advisory Committee an individual to serve as the Chairperson, who may be the Director of the Long Island Sound Office of the Environmental Protection Agency.“(5)Completion of appointments.—The Administrator shall complete the appointment of all members of the Advisory Committee by not later than 180 days after the date of enactment of this Act [Oct. 16, 2006].“(A) [sic] Vacancies.—A vacancy on the Advisory Committee—“(i) shall be filled not later than 90 days after the vacancy occurs;“(ii) shall not affect the powers of the Advisory Committee; and“(iii) shall be filled in the same manner as the original appointment was made.“(c)Term.—“(1)In general.—A member of the Advisory Committee shall be appointed for a term of 4 years.“(2)Multiple terms.—An individual may be appointed as a member of the Advisory Committee for more than 1 term.“(d)Powers.—The Advisory Committee may hold such hearings, meet and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers advisable to carry out this Act.“(e)Meetings.—“(1)In general.—The Advisory Committee shall meet at the call of the Chairperson, but no fewer than 4 times each year.“(2)Initial meeting.—Not later than 30 days after the date on which all members of the Advisory Committee have been appointed, the Chairperson shall call the initial meeting of the Advisory Committee.“(3)Quorum.—A majority of the members of the Advisory Committee shall constitute a quorum, but a lesser number of members may hold hearings.“(f)Adaptive Management.—“(1)In general.—The Advisory Committee shall use an adaptive management framework to identify the best policy initiatives and actions through—“(A) definition of strategic goals;“(B) definition of policy options for methods to achieve strategic goals;“(C) establishment of measures of success;“(D) identification of uncertainties;“(E) development of informative models of policy implementation;“(F) separation of the landscape into geographic units;“(G) monitoring key responses at different spatial and temporal scales; and“(H) evaluation of outcomes and incorporation into management strategies.“(2)Application of adaptive management framework.—The Advisory Committee shall apply the adaptive management framework to the process for making recommendations under subsections (b) through (f) of section 6 to the Administrator regarding sites that should be designated as stewardship sites.“(3)Adaptive management.—The adaptive management framework required by this subsection shall consist of a scientific process—“(A) for—“(i) developing predictive models;“(ii) making management policy decisions based upon the model outputs;“(iii) revising the management policies as data become available with which to evaluate the policies; and“(iv) acknowledging uncertainty, complexity, and variance in the spatial and temporal aspects of natural systems; and“(B) that requires that management be viewed as experimental.“(g)Termination of Advisory Committee.—The Advisory Committee shall terminate on December 31, 2021.

Notes of Decisions

Cited in 2 cases, 1979–2013 · leading case: Jacksonville Shipyards, Inc. v. Dugger, 587 F.2d 197 (5th Cir. 1979).

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Jacksonville Shipyards, Inc. v. Dugger, 587 F.2d 197 (5th Cir. 1979). “There is no merit to respondent’s contention that, because the injury itself is confined to one limb, Dugger’s recovery must be limited to that allowed under the schedule in section 8(c)(2) of the Act, 33 U.S.C. § 8 (c)(2). In cases of permanent total disability, the schedules…”

Nat'l Steel & Shipbuilding Co. v. Century Indem. Co., 959 F. Supp. 2d 1264 (S.D. Cal. 2013). “See 33 U.S.C. §§ 8 (f), 944(a). For example, where a pre-existing condition contributes to an employee’s post-injury permanent disability (referred to as a “second injury”), section 8(f) of the Longshore Act limits an employer’s liability for post-injury permanent disability…”

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