October 29, 2026 — On November 9, the Senate is scheduled to take up the Bipartisan American Affordability and Jobs Act of 2026, known as BAAJA (S. 5653). This legislation is not about Mexican sheep; instead, the dense 400-page bill rewrites how the federal government approves energy, mining, and infrastructure projects. Its sponsors, Senators Shelley Moore Capito (R-WV), Mike Lee (R-UT), Sheldon Whitehouse (D-RI), and Martin Heinrich (D-NM), call it a historic compromise. I call it a historic risk for fishing communities.
The coalition behind BAAJA is unusual. The American Petroleum Institute (oil and gas), the American Clean Power Association (wind and other renewables), and major organized labor groups support it. Tribal nations, historic preservation groups, and ocean conservation organizations oppose it.
Commercial fishermen have been mostly absent from this fight, and that needs to change. BAAJA rewrites the rules for offshore wind farms, export cables, offshore oil and gas, and seabed mining. It changes how those projects are approved, how long the approvals last, and how hard they are to challenge. Nearly every change reduces the leverage fishermen have used to protect fishing grounds historically, and that’s not a coincidence.
The Senate outcome is close to being settled. The House is a different story, and that is where fishermen still have a real opening. But we must make our voices heard, and soon.
What this issue is about
Fishermen have spent more than a decade fighting for a real voice in offshore wind decisions. Lease areas have been granted on productive fishing grounds over industry objections, and project layouts have been set with little regard for how fleets actually fish or what they need for safe transit. Too often, fishermen’s concerns have been treated as a box to check rather than a reason to change course.
BAAJA would shrink what voice fishermen have left in the regulatory process for energy permitting. Its supporters pitch it as protection for clean energy, pointing to the 2025 federal stop-work orders that halted offshore wind projects already holding permits. The bill delivers that protection by making permits nearly impossible to revisit once they are issued, and much harder to challenge before then during the planning process.
The bill doesn’t stop at wind. Its “protections” for energy projects from public scrutiny and challenge cover any federally permitted project with a private sector sponsor, including offshore oil and gas wells and mines. The same rules that would wall off a wind farm from fishermen’s objections would wall off an offshore drilling lease or a seabed mining permit.
More on that in just a bit.
People who work on the ocean deserve a real say in what happens to it, before a permit is issued and after. Whatever the energy source, BAAJA moves decisions further away from coastal communities and closer to developers and their lawyers and lobbyists.
Read the full article at the Fishery Friendly Climate Action Campaign