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Lame-duck Biden flooded with monumental requests

December 17, 2024 — President Joe Biden is facing a wave of campaigns to create new national monuments in his final weeks in office, but people both inside and outside the administration expect the outgoing president to select just a handful of key sites that have already been thoroughly vetted.

During his sole term in office, Biden has repeatedly used the Antiquities Act of 1906 to designate new national monuments, ranging from preserving sweeping natural landscapes to sites important to Native Americans to those that memorialize Black history in this country.

Earlier this week, he declared his seventh new national monument, recognizing the former Carlisle Indian Industrial School in Pennsylvania, and acknowledging the government’s role in attempting to eradicate tribal culture through a boarding school system run by the Interior Department.

Read the full article at E&E News

American Samoa legislators voice concern over proposal to expand Marine Sanctuary

December 4, 2024 — American Samoa’s Senate President and Speaker of the House wrote in late November on behalf of the Legislature to express to President Joseph R. Biden their concern and opposition to the proposed expansion of the National Marine Sanctuary within the Pacific Remote Islands.

“As you consider potential actions during the concluding months of your administration, we urge you to resist all proposals to create or expand any Marine National Monument within the U.S. Exclusive Economic Zone (EEZ) in the Western Pacific,” they wrote.

They believe that as ocean ecosystems face increasingly rapid changes, the U.S. fisheries management system — particularly through the oversight of the Western Pacific Regional Fishery Management Council — provides a stronger and more enduring framework for sustainable, science-based conservation measures than does the Antiquities Act.

“The Council has effectively managed these natural resources for our region, balancing ecological priorities with the economic needs of the local communities that depend on fishing for survival.”

Read the full story at Samoa News

Biden named in North Atlantic commercial fishing ban lawsuit filed by fishermen

April 14, 2022 — Fishermen in Massachusetts and New Jersey are challenging a Biden administration proclamation in court.

The fishermen have filed a lawsuit, Fehily et al. v. Biden et al., in U.S. District Court for the District of New Jersey alleging the proclamation that bans commercial fishing in the North Atlantic Ocean, primarily the Georges Bank area, saying it harms their ability to earn a living.

“The creation of the Northeast Canyons and Seamounts Marine National Monument violated the core requirements of the Antiquities Act to limit protections to specific monuments,” Pacific Legal Foundation attorney Frank Garrison said in a news release. “Most fundamentally, the Act gives the president authority to create monuments on federally owned or controlled land. The ocean is not land. Presidential action that goes beyond laws passed by Congress undermines the democratic process and the Constitution’s separation of powers.”

Read the full story at The Center Square

Antiquities Act Wrong Tool For Marine Monuments, Say Dozens of Industry Sectors in Letter to Biden

December 21, 2021 — From fishermen to miners, including the American Petroleum Institute and the National Fisheries Institute, 91 individuals signed a letter to President Biden last week urging him to not use the Antiquities Act when designating marine monuments.

The group, representing more than two dozen businesses and communities across the country, cited Biden’s “calls for the administration to establish “fully and highly protected areas” in 30% of the U.S. ocean by 2030, including through marine monuments designated under the Antiquities Act.”

They said concern was heightened by recent decisions to restore a commercial fishing ban in the Northeast Canyons and Seamounts Marine National Monument and “… join the High Level Panel for a Sustainable Ocean Economy, which commits the United States to actions that could lead to further prohibitions,” according to the letter.

“In furtherance of your efforts to unleash the full potential of the nation’s economy and address the impact of rising prices on the American people, and in recognition of your acknowledgement of the essential role that the ocean plays in our economy and livelihoods, … [we]… urge your support for using science-based and transparent processes when considering actions to manage the ocean for current and future generations,” the December 15 letter stated.

Read the full story at Seafood News

Biden’s decision to restore marine monument off Cape Cod is praised and criticized in Maine

October 12, 2021 — President Biden’s decision to restore the Northeast Canyons and Seamounts Marine National Monument off Cape Cod got mixed reactions in Maine on Friday. 

But while the decision restores a prohibition on commercial fishing in the area, it is not expected to have much direct impact on the state’s industries because few, if any, Maine boats fish there.

Last year, President Trump opened the 5,000-square-mile area that had first been designated as a national monument by President Obama in 2016. Some Maine commercial fishing groups applauded the decision, even though the area wasn’t frequented by Maine-based fishermen and women. The monument had been seen as a symbolic affront to the industry.

Gov. Janet Mills criticized the Biden administration for taking such a major action without input from stakeholders, including the fishing industry.

“While I support environmental protection and conservation, this major action – which comes just mere weeks after advancing a right whale rule that that will seriously harm New England fishermen – is misguided and premature,” Mills said in a statement. “This decision was made without the appropriate engagement and consultation of stakeholders who deserve to have their voices heard. Fishermen are already reeling from heavy-handed Federal action and this further erodes faith that the Biden Administration will seek consensus from all stakeholders on important decisions impacting the marine environment.”

Read the full story at the Portland Press Herald

 

Biden is set to restore monuments. What happens next?

October 12, 2021 — As tribal leaders and environmentalists celebrate President Biden’s scheduled restoration today of more than 2 million acres of public lands to a pair of Utah monuments, activists stress that the pomp and circumstance is a precursor to extensive work that remains to be done to shore up those sites.

Biden is scheduled this afternoon to sign new proclamations, which have yet to be published, restoring millions of acres to both Grand Staircase-Escalante and Bears Ears national monuments.

He will also reinstate commercial fishing restrictions to Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean (Greenwire, Oct. 7).

The action will reverse cuts President Trump made in 2017 at the behest of GOP lawmakers who had long criticized the monuments as a form of federal overreach by the Democratic presidents who established them.

It will also restore protections to the marine monument that Trump removed in 2020, opening the 5,000-square-mile site about 130 miles off the coast of Cape Cod, Mass., to commercial interests.

Saving Seafood Executive Director Bob Vanasse criticized the Biden administration’s decision for allowing recreational fishing to continue in the area, even as members of his industry advocacy group are locked out.

“While the Biden-Harris administration has claimed decisions will be based on science, and not on who has the stronger lobby, this decision shows otherwise,” Vanasse said.

“Prohibiting hardworking commercial fishermen from sustainably harvesting while allowing owners of luxury yachts to spear fish for the same species in the same location is hypocritical and calls into question this administration‘s commitment to working families over wealthy donors,” he added.

Read the full story at Greenwire

Biden expands Bears Ears and other national monuments, reversing Trump cuts

October 8, 2021 — President Biden on Friday restored full protections to three national monuments that had been slashed in size by former president Donald Trump, including Bears Ears and Grand Staircase-Escalante in Utah — known for their stunning desert landscapes and historical treasures of Native American art and settlements, as well as a rich fossil record.

Biden used an executive order to protect 1.36 million acres in Bears Ears —slightly larger than the original boundary that President Barack Obama established in 2016 — while also restoring the 1.78 million-acre Grand Staircase-Escalante monument. Biden also reimposed fishing restrictions in the Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean off the coast of New England that Trump had opened to commercial fishing.

Biden signed the proclamations in a ceremony outside the White House, in front of tribal leaders and others. He used his authority under the 1906 Antiquities Act.

Bob Vanasse, of Saving Seafood, a seafood industry advocacy group, called Biden’s designation an “unfortunate decision.”

“Anyone who likes fresh local swordfish, tuna, lobster and crabmeat should be very angry with the Harris-Biden administration today,” he said. “And I know some environmental advocates will claim that the statistics show that no harm has been done to the fisheries from this closure. They think that because they don’t understand fisheries and misunderstand the statistics.”

Read the full story at the Washington Post

Biden restores Northeast Canyons marine monument

October 8, 2021 — In another reversal of Trump administration moves, President Biden on Friday reinstated all restrictions to the Northeast Canyons and Seamounts Marine National Monument, including plans to phase out commercial fishing for red crab and lobster by Sept. 15, 2023.

Former president Barack Obama originally declared the monument area south of New England on that date in 2016, and former president Donald Trump rescinded the rules with some fanfare including an in-person meeting with fishing industry representatives in June 2020.

Environmental groups that had pushed Obama for the monument lobbied hard after Biden’s inauguration to flip that Trump order 180 degrees, along with reversing Trump’s reductions of the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

Late Thursday they got word their wish was granted.

Commercial fishing advocates, who mobilized after Biden inauguration to argue against reinstating the monument rules, said the decision shows politics trumped consistent ocean policy.

“This is an unfortunate decision that is opposed not only by those affected in the commercial fishing industry, but by all eight fishery management councils and NOAA Fisheries,” said Bob Vanasse of Saving Seafood, an industry advocacy group. “There is no scientific justification to prohibit commercial fishing while allowing recreational fishing. While the Biden-Harris Administration has claimed decisions will be based on science, and not on who has the stronger lobby, this decision shows otherwise.”

Read the full story at National Fisherman

WASHINGTON: Biden to restore boundaries of protected areas that were reduced by Trump

October 8, 2021 — President Joe Biden will restore the boundaries of three American nature reserves, known as national monuments, that were reduced in size by former President Donald Trump to allow commercial activity, the White House said on Thursday.

The restoration will protect more than 3.2 million acres (1.3 million hectares) in Southern Utah known as the Bears Ears and Grand Staircase-Escalante National Monuments, as well as the nearly 5,000 square mile (8,000 sq km) Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean off the coast of New England.

Environmental groups and Native American tribes cheered the news, calling it a victory for conservation over development. But it was a blow to East Coast fishing interests and Utah’s Republican governor, who expressed frustration.

Trump had sought to allow ranching, drilling, mining and commercial fishing in the areas, which were established as monuments by two of his Democratic predecessors, former Presidents Barack Obama and Bill Clinton.

Read the full story from Reuters

Biden administration may reinstate Northeast marine monument restrictions

June 16, 2021 — The Biden administration could reinstate commercial fishing restrictions on the Northeast Canyons and Seamounts National Monument – and bring a new court challenge from the fishing industry, just months after Supreme Court Chief Justice John Roberts indicated he would be open to hearing a new case.

Reports Monday in the Washington Post and New York Times described a recommendation from Interior Secretary Deb Haaland to restore boundaries of the Bear Ears and Grand Staircase-Escalante national monuments in Utah, which were established by former presidents Barack Obama and Bill Clinton, and cut back by former president Donald Trump in December 2017.

At the urging of ocean environmental groups, Obama imposed commercial fishing restrictions after establishing the 5,000-square mile Northeast marine monument in December 2018. In June 2020, Trump issued a new proclamation lifting those rules.

Within hours of President Biden’s inauguration Jan. 20, environmental groups pressed him to reimpose fishing restrictions, and fishing advocates mobilized, hoping to head that off.

How Biden decides this could set the stage for a new challenge to presidential authority under the Antiquities Act of 1906, which critics say has expanded far beyond its original intent.

“A commercial fishing ban serves no conservation benefit,” said James Budi of the American Sword and Tuna Harvesters, which has urged the Biden administration to hold off on renewing restrictions.

Officials at NMFS themselves say “pelagic longline gear used to catch swordfish has no impact on habitat,” said Budi. “Fishing impact on the monument below us is like a bird flying over the Grand Canyon.”

Read the full story at National Fisherman

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