Saving Seafood

Trump’s National Monument Changes Return to Spotlight

March 13, 2019 — As Democrats in Congress prepare to scrutinize President Donald Trump’s review of 27 national monuments, most of the recommendations made by ex-Interior Secretary Ryan Zinke remain unfinished as other matters consume the White House.

Trump acted quickly in December 2017 on Zinke’s recommendations to shrink two sprawling Utah monuments that had been criticized as federal government overreach by the state’s Republican leaders since their creation by Democratic Presidents Barack Obama and Bill Clinton.

But in the 15 months since Trump downsized the Utah monuments, the president has done nothing with Zinke’s proposal to shrink two more monuments, in Oregon and Nevada, and change rules at six others, including allowing commercial fishing inside three marine monuments in waters off New England, Hawaii and American Samoa.

Zinke resigned in December amid multiple ethics investigations — and has joined a Washington, D.C. lobbying firm. Trump has nominated as his replacement Acting Interior Secretary David Bernhardt, a former lobbyist for the oil and gas industry and other corporate interests.

Read the full story from the Associated Press at U.S News and World Report

Rep. Rob Bishop Introduces Bill to Reform Outdated Antiquities Act

March 12, 2019 — The following was released by the House Committee on Natural Resources:

Today, Ranking Republican Rob Bishop (R-Utah) and U.S. Rep. John Curtis (R-Utah) announced the introduction of H.R. 1664 the National Monument Creation and Protection Act (CAP Act).

“The 1906 Antiquities Act was originally intended as an executive tool to protect historical and archeological artifacts and structures under threat. Unfortunately, this worthy goal has been manipulated for ulterior political purposes. Today the Act is used as an excuse for presidents of both parties to unilaterally lock up vast tracts of public land without any mechanism for people to provide input or voice concerns. This is wrong.

“This legislation modernizes the law to restore its intent, allowing for the protection of actual antiquities without disenfranchisement of local voices. It also standardizes and limits the president’s power to reshape monuments.

“As a gesture of bipartisanship, the bill also adopts the direct suggestions made by Democrats during last year’s hearings, including new transparency requirements surrounding lobbying, local government consultation, and economic impact analysis. If my colleagues were serious about their calls for accountability under this Act – no matter which party controls the White House – they will support this bill.”

– said Ranking Republican Rob Bishop (R-Utah)

“Difficult public land issues are best resolved through the collaborative process of congressional legislation, not unilateral antiquities designations. I am proud to support the National Monument Creation and Protection Act, which would facilitate a better balance of voices, including state, local, and other leaders.”

– said Representative John Curtis (R-Utah)

Link to the bill text can be found HERE.

Feds beat fishermen: Court dismisses challenge to Atlantic monument

October 10, 2018 — A federal judge upheld the creation of the Northeast Canyons and Seamounts Marine National Monument last week, dismissing a lawsuit from commercial fishing groups that challenged presidential authority to establish the monument.

The national monument, created by former President Barack Obama, was authorized under the Antiquities Act. Representatives from the Massachusetts Lobstermen’s Association argued that the act does not include authorization to protect bodies of water and that the monument in question, an area of nearly 5,000 square miles, was too large.

But U.S. District Judge James Boasberg ruled that the Northeast Canyons and Seamounts Marine National Monument complied with the law and sided with the Trump administration’s motion to dismiss the suit.

“In all, plaintiffs offer no factual allegations explaining why the entire monument, including not just the seamounts and canyons but also their ecosystems, is too large,” wrote Boasberg in his decision.

He also clarified that the Antiquities Act histories grant that waterways, as well as land, can be protected under the act.

Read the full story at National Fisherman

 

Federal court rules against fishermen in Northeast Canyons monument lawsuit

October 10, 2018 — A federal judge last week dismissed a lawsuit brought by commercial fishing groups that challenged the creation of a marine national monument in 2016.

The organizations, which included the Long Island Commercial Fishing Association and the Massachusetts Lobstermen’s Association, claimed the administration of U.S. President Barack Obama did not have the authority to establish the Northeast Canyons and Seamounts Marine National Monument.

The monument is the first national marine monument established in the Atlantic Ocean. Because of the designation, commercial fishing – except for certain red crab and lobster fishing – is prohibited in the 5,000-square-mile area. The crab and lobster fishing will continue until their permits expire.

While the administration of current U.S. President Donald Trump has been considering reopening it and other marine monuments for commercial fishing, it did seek the dismissal of the lawsuit, claiming the Antiquities Act gave presidents the right to establish and define such monuments.

“This is not a joke, jobs will be lost and thousands of people’s lives will be impacted through a back-door process that did not require formal federal review,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in a Facebook post.

Read the full story at Seafood Source

 

Trump administration backs Obama in national monument clash

July 27, 2018 –A dispute over acts of Congress in 1906 and 1937 has put the Trump administration in court — and into the unusual position of supporting a proclamation by former President Barack Obama.

Contrary to President Donald Trump’s numerous efforts to shred Obama’s legacy, U.S. Justice Department lawyers are in Obama’s corner as they defend his expansion of a national monument in Oregon.

That puts the Trump administration in direct opposition with timber interests that Trump vowed to defend in a May 2016 campaign speech in Eugene, 110 miles (180 kilometers) south of Portland.

However, that opposition may be temporary in a case full of ironic twists that centers on a unique habitat where three mountain ranges converge. It is home to more than 200 bird species, the imperiled Oregon spotted frog, deer, elk and many kinds of fish, including the endangered Lost River sucker.

A federal judge is being asked to consider limits of power among all three government branches. For the Trump administration, the case is about protecting the power of the president of the United States, even if it was Obama who exercised his authority under the Antiquities Act of 1906 that allows a president to declare a national monument.

Read the full story from the Associated Press at the Sioux City Journal

JONATHAN WOOD: Land ahoy! Fishermen challenge presidential designations of ocean monuments

Jule 2, 2018 — This month, the Antiquities Act turned 112 years old. Originally conceived to protect Native American artifacts in the Southwest, the law has, like so many federal laws, been twisted over time by power-hungry government officials.

Controversy over the law’s abuse is coming to a head in New England, where fishermen are locked out of a large section of their fishery by the creation of the Northeast Canyons and Seamounts Marine National Monument. After spending years working to recover fish stocks and promote more sustainable fishing methods, they rightly see this move as a betrayal that threatens their livelihoods.

Why is a 112-year-old law so controversial today? The answer lies in the aggressive reinterpretation of the law by presidents seeking to expand their power.

Consider that in the law’s first century, Presidents Teddy Roosevelt through Bill Clinton collectively designated 70 million acres of national monuments. That’s a lot, to be sure, but it pales in comparison to the last 12 years. From 2006 to 2017, an additional 700 million acres were designated — a ten-fold increase over the prior century’s total.

What explains this explosion? It’s the interpretation of a single word: “land.” Congress limited the president’s monument power to “land owned or controlled by the Federal Government.” Most of us would have no trouble figuring out what “land” means: If you look at a map, it’s the part that isn’t blue.

Read the full opinion piece at the Washington Examiner

House Committee Hears from Stakeholders on Importance of a Healthy Ocean Economy

June 6, 2018 — WASHINGTON — The following was released by the House Committee on Natural Resources:   

Today, House Natural Resources Committee Chairman Rob Bishop (R-Utah) and Subcommittee on Water, Power and Oceans staff held a roundtable with representatives from ocean-dependent communities to discuss opportunities for regulatory reform that will provide certainty for working waterfronts and promote vibrant and sustainable coastal economies. Chairman Bishop issued the following statement:

“Working waterfronts and our nation’s vast ocean resources are essential to coastal economies, generating billions of dollars each year. Today we heard from real people whose livelihoods depend on a healthy ocean economy and their message was clear. Without a rational regulatory framework, responsible economic growth and success is at risk. What we learned today will help Congress do its part and create regulatory certainty that will enable this important industries to create better opportunities for Americans.

“I applaud President Trump for declaring June National Ocean Month, and for underscoring the importance of lessening the regulatory burdens impacting our ocean industries and communities.”

Background:

President Donald Trump declared June 2018 National Ocean Month, emphasizing the importance of regulatory streamlining and supporting ocean industries. The roundtable provided a forum for people who make a living on the water to share their perspectives with the Committee.

Concerns and comments from representatives focused on issues surrounding the Antiquities Act, President Obama’s National Ocean Policy, the Endangered Species Act, the National Environmental Policy Act, the Marine Mammal Protection Act, and more.

The Committee is working to advance several pieces of legislation to benefit coastal communities including, H.R. 5787, the Strengthening Coastal Communities Act of 2018 (Rep. Neal Dunn, R-Fla.).

Learn more about the House Committee on Natural Resources here.

 

Marine Monument Case Aligns Trump, Conservationists

May 2, 2018 — WASHINGTON — Cautiously aligned with the government in support of America’s first marine monument, environmentalists urged a federal judge Monday to sink a challenge by fishing groups.

Designated by President Barack Obama in September 2016, the Northeast Canyons and Seamounts Marine National Monument encompasses 4,913 square miles off the coast of New England.

Cordoned off from oil and gas exploration, as well as commercial fishing, the seabed within the monuments boasts four underwater volcanoes and three canyons.

Obama’s proclamation creating the monument spoke to the scientific and ecological importance of this ecosystem, but a group of commercial fishers challenged the designation in March 2017.

Read the full story at the Courthouse News Service

 

Trump administration defends Atlantic marine monument against lawsuit

April 20, 2018 — The Trump administration has gone on the record in defense of Barack Obama’s 2016 establishment of the 5,000-square mile Northeast Canyons and Seamounts Marine National Monument, according to a defense filing in federal court this week.

Jeffrey H. Wood, acting assistant attorney general for the environment and natural resources division, entered a motion on Monday, April 16, to dismiss a lawsuit challenging Obama’s authority to make the monument designation filed by various fishing organizations. The lawsuit has been on hold since last spring after President Donald Trump ordered an official review of several National Marine Monuments established by Obama. That hold was lifted in mid-March and the plaintiffs are ready to pick up where they left off.

The lawsuit argues that Obama never had the authority to establish the monument under the the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government,” as the act stipulates.

Read the full story at National Fisherman

 

Trump administration seeks dismissal of Northeast Canyons and Seamounts monument lawsuit

April 19, 2018 — Despite its willingness to review the designations made by its predecessor, the Trump Administration is at least defending former President Obama’s ability to create national monuments. That’s according to a filing in federal court earlier this week.

Jeffrey H. Wood, acting assistant attorney general for the environment and natural resources division, entered a motion on 16 April to dismiss a lawsuit filed last year by the Massachusetts Lobstermen’s Association. The Lobstermen and other fishing groups filed the suit in response to the Obama Administration designating the Northeast Canyons and Seamounts Marine National Monument in September 2016.

The Northeast Canyons was the first national marine monument in the Atlantic Ocean, and with that designation, commercial fishing – with certain exclusions for red crab and lobster fishing – is not permitted in the nearly 5,000-square-mile area. Crab and lobster fishing would continue until a seven-year permit expires.

Last year, Trump ordered Interior Secretary Ryan Zinke to review the monuments, which were created under the Antiquities Act. While Zinke has not recommended removing any designation for marine monuments, he has encouraged Trump to open monuments for more commercial fishing opportunities.

Read the full story at Seafood Source