August 1, 2023 — Agreements signed in the 1980s limited two Oregon tribes’ right to fish, hunt and gather food on their ancestral lands. Federal legislation may soon reinstate those rights on traditional lands.
White House seeks input on National Strategy for a Sustainable Ocean Economy
July 27, 2023 — The Biden administration is looking for input on a new National Strategy for a Sustainable Ocean Economy, which will build on the Ocean Climate Action Plan released in March.
According to the White House Office of Science and Technology Policy (OSTP), the national strategy will guide how the federal government “can best advance sustainable management of ocean, coastal, and Great Lakes resources and ecosystems of the United States.” While the U.S. marine economy makes up nearly two percent of national gross domestic product, America’s ocean resources are under threat, the government claims.
Congress backs fishermen over feds in Supreme Court battle, tells justices to curb bureaucracy
July 26, 2023 — House Speaker Kevin McCarthy’s chamber is urging the Supreme Court to reconsider the level of deference courts give federal agencies, saying that allowing them too much leeway conflicts with the separation of powers and upends congressional authority over lawmaking.
The House filed its brief in a case that stems from a dispute between herring fishers and the National Marine Fisheries Service, which wants to charge vessels as much as $700 a day to monitor what they are catching.
Fishing industry advocates say that while the law passed by Congress allows for the monitors, the agency is making up its own rules by insisting the boats pay the charges.
The high court agreed to hear the dispute in May, but has not scheduled oral arguments for the legal battle during its 2023 term, which begins in October.
The justices will decide whether to overrule Chevron v. Natural Resources Defense Council, 1984 precedent that gave federal agencies deference when interpreting how to implement legislation passed by Congress when lawmakers were silent with respect to certain aspects of enforcement.
House Republicans join push to overturn Chevron doctrine
July 26, 2023 — U.S. House Speaker Kevin McCarthy is throwing his weight behind a push to scrap a decades-old legal doctrine giving federal regulators wide-ranging powers.
The Republican-controlled House of Representatives has filed an amicus brief in support of a lawsuit filed in 2020 by New Jersey commercial fisherman, challenging a federal rule requiring them to pay for monitors to go out on fishing vessels to collect data to craft new regulations.
The lawsuit, pending before the U.S. Supreme Court, calls for scrapping the fish monitoring rules but also seeks to blunt the powers of federal agencies by overturning the so-called Chevron deference. Critics say the legal principle violates the separation of powers doctrine by giving the federal government authority over congressional spending.
Wittman leads House members in legislation to protect Chesapeake Bay
July 23, 2023 — The Chesapeake Bay SEEE Act would help protect the watershed, improve ecosystem management and increase environmental stewardship opportunities.
Congressman Rob Wittman of Virginia, U.S. Rep. John Sarbanes of Maryland, Rep. Robert C. “Bobby” Scott of Virginia and Rep. Jen Kiggans of Virginia reintroduced the Chesapeake Bay Science, Education and Ecosystem Enhancement (SEEE) Act today.
“The Chesapeake Bay is integral to our way of life in Virginia’s 1st District and conserving our coastal and marine ecosystems has remained one of my top priorities,” Wittman, co-chair of the Chesapeake Bay Watershed Task Force, said. “I am proud to join my colleagues in this effort to expand environmental education opportunities, boost state and local restoration efforts and provide NOAA with the resources it needs to protect this national treasure.”
US House passes Oregon Congresswoman Val Hoyle’s port infrastructure bill
July 19, 2023 — The U.S. House of Representatives has passed a bill clarifying that ports can apply for Port Infrastructure Development Program (PIDP) grants that support commercial fishing.
Run through the U.S. Transportation Department’s Maritime Administration, PIDP is a federal program that distributes competitive grants to port authorities, states, and local governments for port-related infrastructure projects. However, it was unclear whether ports could use PIDP funding for commercial fishing projects, U.S. Representative Val Hoyle (D-Oregon) said.
US lawmakers propose budget cut to NOAA Fisheries for 2024
July 18, 2023 — NOAA Fisheries is likely to receive a budget cut in the 2024 fiscal year, with the U.S. Senate considering legislation providing a slight reduction in NOAA funding and the U.S. House considering even bigger cuts.
On 13 July, the Senate Appropriations Committee released its Commerce, Justice, Science, and Related Agencies Fiscal Year 2024 Appropriations Bill, which includes funding for NOAA and NOAA Fisheries. The committee approved the bill in a 28-1 vote, clearing the way for consideration by the full Senate. The House Appropriations Committee approved its version in a vote on 13 July on a voice vote with only a few audible dissents.
US lawmakers call for a moratorium on deep-seabed mining
July 17, 2023 — U.S lawmakers want to temporarily ban deep-seabed mining until a full assessment of its environmental impact is completed and a new regulatory regime is established to protect ocean resources.
Last week, U.S. Representative Ed Case (D-Hawaii) introduced two bills – one creating a moratorium on seabed mining in American waters, and one calling for an international moratorium.
U.S. senators propose new fish labeling, enhanced ocean research and more economic tools
June 29, 2023 — A new bill introduced by Alaska’s U.S. senators would set up a new consumer-focused label for wild seafood. It’s among several bills eyed by Congress that could affect fishing in Alaska.
Under the bill introduced last week, there would be a program to voluntarily label qualified products as “Wild USA Seafood,” a tool that Sen. Lisa Murkowski and Sen. Dan Sullivan, both Republicans, said would serve consumers who already have a strong preference for those products.
“Consumers want to know where their food comes from—and by creating a specific label allowing wild seafood, like Alaskan salmon caught in Bristol Bay, wild kelp harvested in Southeast, or pollock caught in the Bering Sea, the option to be labeled as ‘Wild USA Seafood,’ we’re ensuring consumers know they are purchasing the highest-quality seafood from the best-managed fisheries in the world.” Murkowski said in a statement.
There have been persistent problems with mislabeled and sometimes even illegal seafood reaching U.S. markets. For salmon from Alaska, where finfish farming is prohibited by state law, mislabeling has been a particular problem. Past investigations by the nonprofit Oceana and others revealed that farm-raised Atlantic salmon is frequently sold incorrectly as wild salmon.
Carter, Peltola submit bill delaying funds for NOAA speed restriction rules
June 28, 2023 — The following was released by Buddy Carter:
Reps. Earl L. “Buddy” Carter (R-GA) and Mary Peltola (D-AK) introduced a bipartisan bill to delay funding for the National Oceanic and Atmospheric Administration’s (NOAA) proposed speed restrictions for boats 35’ to 65’ until the Department of Commerce can fully implement new monitoring systems for North American Right Whales.
This bill comes after boaters, harbor pilots, and business owners raised concerns that the new safety regulations, nobly designed to protect the right whale from extinction, will pose safety risks for commercial vessels, threaten up to 340,000 American jobs, and negatively impact nearly $84 billion in economic contributions. Citing NOAA’s own data, the likelihood of a recreational vessel striking a right whale is less than one in a million, with boats under 65’ accounting for only five whale strikes since 2008.
“We all want to protect the right whale from extinction, but this is the wrong way to do it,” said Rep. Carter. “Before implementing a sweeping rule that will kneecap small businesses up and down the east coast, including 27,000 in Georgia alone, we must use all of the technological advancements at our disposal so that right whales and business owners can thrive together.”
“Like most of my colleagues, I am concerned about the long-term health of our marine mammal populations, including the North Atlantic Right Whale. This rule, however, has too many potential unintended consequences for small boat operators who need flexibility to maintain their safety at sea. Alaskans know that the ocean is unpredictable; limiting a vessel’s speed can have catastrophic consequences for human life and new regulations should not create additional hazards for our nation’s mariners,” said Rep. Peltola.
Last year, the National Marine Fisheries Service proposed broadening the Atlantic Right Whale Strike Reduction Rule by requiring vessels 35 to 65 feet in length to maintain a speed of roughly 11.5 mph when in waters inhabited by right whales, drawing immediate criticism from industry leaders.
“The primary purpose of harbor pilots is to protect the marine environment while ensuring maritime commerce moves safely and efficiently, so we appreciate the vision Representative Carter has shown by championing this important legislation,” said Clay Diamond, Executive Director of the American Pilots’ Association. “NOAA’s proposal was not well thought out and would have the unintended consequences of endangering pilots and pilot boat crews, raising the likelihood of marine accidents in the entrance channels of East Coast ports, and negatively impacting the maritime supply chain that is relied upon by all Americans. Mr. Carter’s legislation would eliminate these risks by forcing NOAA to modernize its approach to its conservation efforts by focusing more on technology-based solutions.”
“We thank Reps. Carter and Peltola for standing up for recreational anglers and boaters on the Atlantic Coast with the bipartisan Protecting Whales, Human Safety, and the Economy Act of 2023,” said Center for Sportfishing Policy President Jeff Angers. “Technological solutions will be most effective in protecting marine mammals in the future, and it is good to see Members of Congress from across the country committed to protecting both our marine environment and those of us who work and recreate on America’s oceans.”
“We applaud Congressional Sportsmen’s Caucus Member Congressman Buddy Carter and Congresswoman Mary Peltola for introducing legislation that will do more for North Atlantic right whale conservation than the current rule under consideration by NOAA,” said Congressional Sportsmen’s Foundation President and CEO Jeff Crane. “Realtime monitoring, and allowing recreational anglers and boaters to be a part of the solution, is the most effective and pragmatic approach to protecting endangered whales.”
“The sportfishing industry recognizes the many challenges facing the right whale population and wants to be part of the solution. However, NOAA’s proposed vessel speed rule is deeply flawed,” said American Sportfishing Association President Glenn Hughes. “We thank Representatives Carter and Peltola for introducing this important bill that will give NOAA time to resolve the many errors throughout this rule, work with stakeholders and incorporate new and emerging technologies that can best protect whales and Americans’ access to public waters.”
Reps. Nancy Mace (R-SC), Greg Murphy (R-NC), and John Rutherford (R-FL) signed on as original co-sponsors.
“While it is important to protect the majestic Right Whale from extinction, we must also consider the safety risks posed to commercial vessels and the significant impact on jobs and the economy in South Carolina. According to NOAA’s own data, the chances of a recreational vessel striking a right whale are extremely low, and boats under 65′ have accounted for just five whale strikes since 2008. It is essential to strike a balance which ensures both whale conservation and the well-being of our maritime industries,” said Rep. Mace.
“As a Floridian, I understand the significance of the North Atlantic right whale to our ecosystems, our local economy, and our way of life,” said Congressman John Rutherford. “With less than 350 North Atlantic right whales left, we must act smartly to help this species survive. That means collaborating with all stakeholders and using the best science available. I am proud to be joining Representative Carter in spearheading this bipartisan legislation. Together we can protect the North Atlantic right whale while preserving our coastal economy.”
“NOAA’s overreach to regulate vessel speeds will not succeed in its intended purpose. If enacted, this regulation would do very little to ultimately protect right whales while threatening our local economy. If enacted, it will end up costing tens of millions of dollars for the commercial and recreational fishing industry, boat manufacturers, and small businesses in Eastern North Carolina. There will be loss of livelihoods, businesses as well as loss of recreation. I am proud to introduce this legislation alongside several colleagues of mine who share similar concerns in blocking the regulation until mitigation protocols are developed and deployed,” said Rep. Greg Murphy, MD.
Rep. Carter previously led the entire Georgia congressional delegation in a letter urging the Commerce secretary to exempt ships from the ports of Brunswick and Savannah, as well as harbor pilot boats, from the proposed seasonal speed limit rules.
Read the full bill text here.
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