Saving Seafood

JOHN TIERNEY: The Tyranny of the Administrative State

June 12, 2017 — What’s the greatest threat to liberty in America? Liberals rail at Donald Trump’s executive orders on immigration and his hostility toward the press, while conservatives vow to reverse Barack Obama’s regulatory assault on religion, education and business. Philip Hamburger says both sides are thinking too small.

Like the blind men in the fable who try to describe an elephant by feeling different parts of its body, they’re not perceiving the whole problem: the enormous rogue beast known as the administrative state.

Sometimes called the regulatory state or the deep state, it is a government within the government, run by the president and the dozens of federal agencies that assume powers once claimed only by kings. In place of royal decrees, they issue rules and send out “guidance” letters like the one from an Education Department official in 2011 that stripped college students of due process when accused of sexual misconduct.

Unelected bureaucrats not only write their own laws, they also interpret these laws and enforce them in their own courts with their own judges. All this is in blatant violation of the Constitution, says Mr. Hamburger, 60, a constitutional scholar and winner of the Manhattan Institute’s Hayek Prize last year for his scholarly 2014 book, “Is Administrative Law Unlawful?” (Spoiler alert: Yes.)

“Essentially, much of the Bill of Rights has been gutted,” he says, sitting in his office at Columbia Law School. “The government can choose to proceed against you in a trial in court with constitutional processes, or it can use an administrative proceeding where you don’t have the right to be heard by a real judge or a jury and you don’t have the full due process of law. Our fundamental procedural freedoms, which once were guarantees, have become mere options.” ​

In volume and complexity, the edicts from federal agencies exceed the laws passed by Congress by orders of magnitude. “The administrative state has become the government’s predominant mode of contact with citizens,” Mr. Hamburger says. “Ultimately this is not about the politics of left or right. Unlawful government power should worry everybody.”

Read the full opinion piece at the Wall Street Journal

Fishermen lawsuit against marine monument to progress slowly

June 9, 2017 — A fishermen group’s lawsuit against the creation of a marine monument off New England is likely to progress slowly while the federal government reviews national monuments around the country.

President Barack Obama created the Northeast Canyons and Seamounts Marine National Monument in September using executive authority. A coalition of fishing groups filed a lawsuit challenging its creation in federal court in March.

Since then, President Donald Trump has ordered the review of more than two dozen national monuments, including the marine monument. Attorneys for the fishermen who sued say their case is likely to proceed slowly since it could be made irrelevant by Trump’s review of the monuments.

Read the full story from the Associated Press at the New Jersey Herald

Scientists Warn About Effects Of Seismic Blasting Off Of East Coast

June 8, 2017 — Scientists are concerned about a proposal to search for oil and gas below the Atlantic Ocean floor. The proposal comes after President Donald Trump’s executive order to roll back a 5-year ban on drilling for oil off the East Coast.

The National Marine Fisheries Service is looking to authorize seismic air-gun surveys. That means explosions go off in the ocean looking for signs that oil may be available underneath.

The explosions would happen every ten seconds. Senior Science Advisor at the New England Aquarium Scott Kraus said adding sound in the water would be a problem for marine mammals like whales, who depend on sound for survival.

“So they use acoustics for finding food, finding mates, maintain social cohesion, they use sound for migration, they use sound for everything that is critical for their lives,” said Kraus.

Read the full story at Rhode Island Public Radio

Lawmakers move to protect funding for climate change research

June 8, 2017 — A bipartisan group of lawmakers is urging appropriators not to cut funding from one of the federal government’s climate change research accounts.

In a letter penned by Reps. Don Young (R-Alaska) and Jared Polis (D-Colo.), the members told appropriators to preserve the $25.3 million in funding for the National and Regional Climate Adaptation Science Centers.

The program, established in 2008 during the George W. Bush administration, provides climate-related research to fish and wildlife managers as a way to help them “prepare for, respond to, and reduce the negative consequences of climate extremes,” according to the letter.

The Trump administration has requested $17.3 million for the program in 2018, a $7.9 million cut from current levels.

In a letter to Reps. Ken Calvert (R-Calif.) and Betty McCollum (D-Minn.), the chairman and ranking member of the Appropriations Committee’s Interior and Environment panel, the members said the program has “helped natural and cultural resource managers assess climate-related vulnerabilities in their local jurisdictions as a first step in enhancing preparedness.”

“We support the reputable and important work of the [Department of Interior’s] National and Regional Climate Adaptation Science Centers,” they wrote. “We understand that their return-on-investment is large and we encourage continued stable support and full funding for the program.”

The Trump administration proposed slashing funding for several science research accounts in its 2018 budget request, which lawmakers are beginning to consider this week.

Read the full story at The Hill

Maine senators say Congress should save Sea Grant program

June 8, 2017 — Maine’s U.S. senators are signing on to a request to keep the National Sea Grant College Program funded at least at its current level.

President Trump has proposed to eliminate the program, which funds science that’s beneficial to commercial fisheries, conservation and coastal businesses. It has existed for about a half-century.

Maine Sens. Susan Collins, a Republican, and Angus King, an independent, are joining an effort led by Connecticut Democratic Sen. Chris Murphy to save the program. The group is sending a letter to the chairman and ranking member of the commerce appropriations subcommittee to stress the importance of Sea Grant.

Read the full story from the Associated Press at the Portland Press Herald

UN chief warns oceans are ‘under threat as never before’

June 7, 2017 — UNITED NATIONS — Secretary-General Antonio Guterres opened the first-ever U.N. conference on oceans Monday with a warning that the seas are “under threat as never before,” with one recent study warning that discarded plastic garbage could outweigh fish by 2050 if nothing is done.

The U.N. chief told presidents, ministers, diplomats and environmental activists from nearly 200 countries that oceans — “the lifeblood of our planet” — are being severely damaged by pollution, overfishing and the effects of climate change as well as refuse.

The five-day conference, which began on World Environment Day, is the first major event to focus on climate since President Donald Trump announced last Thursday that the United States will withdraw from the landmark 2015 Paris Climate Agreement — a decision criticized by Bolivia’s President Evo Morales and other speakers.

Guterres said the aim of the conference is “to turn the tide” and solve the problems that “we created.”

He said competing interests over territory and natural resources have blocked progress for far too long in cleaning up and restoring to health the world’s oceans, which cover two-thirds of the planet.

Read the full story from the Associated Press at the New Bedford Standard-Times

Sen. King tells researchers that data is the key to protecting lobster industry

June 6, 2017 — Calling proposed cuts in federal science funding “unacceptable,” U.S. Sen. Angus King told lobster researchers Monday that data is the key to protecting Maine’s most valuable fishery.

Maine’s independent senator asked the 250 biologists, oceanographers and fishery managers at a global conference on lobster biology in Portland this week to give him data on the impact of the changing sea environment on lobster, including temperature, salinity and acidification, and whether that is prompting a migration of Maine’s $533.1 million a year fishery to Canada.

“If lobsters are moving toward Nova Scotia and New Brunswick, that’s a serious practical issue that will get the attention of politicians,” he said. “It’s when you start seeing jobs go away that politicians start saying ‘Gee, we’d better do something about this.’ Are they moving, if they are why, and if they are, what’s the timing? Is it five years? Twenty years? A hundred years?”

But federal funding for scientific research is under fire. President Trump’s budget calls for a 17 percent cut to the National Oceanic and Atmospheric Administration, which oversees the national fisheries programs and funded almost a fifth of Maine Department of Marine Resources’ annual budget. It would eliminate the Sea Grant program, which funds research by the University of Maine’s Rick Wahle, conference co-chairman, among others.

“The lobster industry in New England is valued at close to $500 million and yet we know very little about how ocean acidification may affect this species,” Libby Jewett, NOAA’s ocean acidification director, said last fall when awarding Wahle’s team a $200,000 grant for lobster research. “These projects should help move the needle forward in our understanding and, as a result, enable broader resilience in the region.”

King said it is unlikely that Trump’s budget, containing what he considers drastic cuts in scientific funding, will pass Congress.

“The last thing we should be doing on a federal level is cutting research funding,” King said. “That is one of the most important functions of the federal government, whether it is climate change or cancer. It’s how we solve problems. To cut research, and particularly to cut research when you get the feeling that the motivation is that we don’t want to know, is unacceptable. … Congress understands this.”

Read the full story at the Portland Press Herald

Trump admin proposes seismic surveys for Atlantic drilling

June 6, 2017 — The Trump administration is seeking permission to use seismic air guns to find oil and gas formations deep underneath the Atlantic Ocean floor, a reversal from the Obama administration that is outraging environmental groups and some East Coast lawmakers.

The National Marine Fisheries Service said Monday it is seeking permits under the Marine Mammal Protection Act for five companies to use air guns for seismic surveys in the mid-Atlantic, from Delaware to central Florida.

The air guns are so loud they can disturb or injure endangered whales and other marine mammals and increase the risk of calves being separated from their mothers. Environmental groups and many East Coast lawmakers oppose the surveys, complaining that air-gun noise can injure marine life and harm commercial fishing and tourism.

The oil and gas industry has pushed for the surveys, which would map potential drilling sites from Delaware to central Florida. No surveys have been conducted in the region for at least 30 years.

President Donald Trump signed an executive order in April aimed at expanding drilling in the Arctic and Atlantic oceans, part of his promise to unleash the nation’s energy reserves in an effort to reduce imports of foreign oil.

Under Trump’s order, the Interior Department is reviewing applications by five energy companies that were rejected by the Obama administration.

Read the full story at The Washington Post 

Hawaii coral recovery efforts progress as Trump pulls support from Paris accord

June 5, 2017 — President Donald Trump’s decision Thursday to withdraw the United States from the Paris climate accord will hamper efforts to stem global warming throughout the world — the primary cause of rising ocean temperatures that pose the single greatest threat to Hawaii’s marine ecosystems.

Responsible for more CO2 emissions than any country save for China, the United States’ exit from the Paris agreement was met with dissension not only from some within Trump’s own administration but also from environmental activists, business leaders across the country and political leaders across globe.

Scientists in Hawaii also balked at Trump’s move, saying the state will not escape the subsequent ripple effect as it works to mitigate environmental impact to coral reefs on the heels of back-to-back years of coral bleaching in 2014 and 2015, the latter of which was part of the third global bleaching event in history.

“If we don’t solve the global emissions (problem) … everything that we do on reefs is substantially harder,” said Thomas Oliver, ocean acidification program manager with the Pacific Islands Fisheries Science Center. “The Paris accord so far represents the best international response we’ve ever had to deal with the problem.”

Dr. Bill Walsh, West Hawaii aquatic biologist for the Hawaii Division of Aquatic Resources, said concerns extend beyond a departure from the Paris agreement to the administration’s general attitude toward climate change and the federal agencies tasked with combating it.

“Even apart from the Paris accord, if the withdrawal or rather the attack of the administration on scientific organizations (like) NOAA or the Environmental Protection Agency — we work hand in hand with them,” he said. “A lot of our ability to effectively monitor the reefs over these years has been due to money the state gets directly from NOAA. We’re all sort of intertwined here.”

Walsh and Oliver each helped develop the Coral Bleaching Recovery Plan, a detailed report synthesizing input from international and local experts along with relevant scientific literature on the problem.

Released in March after roughly a year of work, the strategies the report recommends revolve around establishing networks of no-take Marine Protected Areas (MPAs) and Herbivore Fishery Management Areas (HFMAs).

Strategies also include spatial management of coral reef areas with inherent resiliency to bleaching or a high potential for recovery from bleaching. The final recommendation involves increased enforcement.

Read the full story at West Hawaii Today

Trump calls out US seafood trade imbalance

June 5, 2017 — U.S.  President Donald Trump’s declaration that June is National Ocean Month – and his stated desire to grow the country’s seafood exports – was praised by seafood industry groups.

“The fisheries resources of the United States are among the most valuable in the world. Growing global demand for seafood presents tremendous opportunities for expansion of our seafood exports, which can reduce our more than US 13 billion (EIR 11.6 billion) seafood trade deficit,” he said.

The American Shrimp Processors Association welcomed President Trump’s call-out of the domestic seafood industry, the organization’s executive director, C. David Veal, told SeafoodSource.

“The American Shrimp Processors Association welcomes any recognition from the Trump administration of the significant problems caused by the trade imbalances of imported seafood. The USD 4.5 billion (EUR 4 billion) trade deficit from shrimp alone has had devastating impacts on communities in the Gulf and South Atlantic regions for the last two decades,” he said. “Any effort to reduce the trade deficit is appreciated by those who make their livelihoods in the domestic shrimp industry and their associated communities.”

In his remarks commemorating the declaration, Trump also said that the country’s offshore areas are underutilized and often unexplored.

“We have yet to fully leverage new technologies and unleash the forces of economic innovation to more fully develop and explore our ocean economy,” he said.

Gavin Gibbons, vice president of communications for the National Fisheries Institute, said it was “good to see the White House taking notice of the seafood community and focusing on the importance of resource utilization.”

“Safe, sustainable expansion of underutilized areas may present an opportunity for expansion of things like aquaculture. We look forward to seeing any administration plan for such an effort,” Gibbons said.

The key to successful expansion of U.S. seafood production will be maintaining the rigorous sustainability oversight of NOAA, according to Gibbons.

“Initiatives that seek long-term growth solutions should continue to observe the tested, science-based system based on total allowable catch,” he said.

Read the full story at Seafood Source