Saving Seafood

No fishery disaster relief funds in Congress’ $1T spending bill

May 2, 2017 — Lawmakers on Monday unveiled a huge $1 trillion-plus spending bill that would fund most government operations through September but would deny President Donald Trump money for a border wall and rejects his proposed cuts to popular domestic programs.

The bill also does not include millions in disaster relief funds for nine West Coast fisheries that fishermen and a group of 17 West Coast senators and members of Congress had hoped congressional leaders would include.

“We’re definitely not holding out hope for any sort of last minute tack-on for the deal, but there is always the opportunity for Congress to appropriate separately,” Pacific Coast Federation of Fishermen’s Associations Executive Director Noah Oppenheim told the Times-Standard on Monday. “Although, the chances of that happening are slim to none.”

Then-Secretary of Commerce Penny Pritzker declared a fisheries disasters for nine West Coast fisheries in January, including for the 2015-16 crab season in California and the 2016 salmon season for the Yurok Tribe. California 2nd District Congressman Jared Huffman (D-San Rafael) was one of 17 members of Congress who drafted a bipartisan letter to congressional party leaders in early April urging that they include the disaster funds in the new spending bill. Huffman was traveling to Washington, D.C., on Monday and did not return requests for comment by the Times-Standard deadline.

Read the full story from the Associated Press at the Eureka Times-Standard

SEAN HORGAN: Trump take on marine monuments may be good for Cashes Ledge

May 1, 2017 — Last week, President Trump’s declaration that his Interior Department will apply the gimlet eye to the newly designated protected areas — particularly those born of the dreaded single-organism parentage, Antiquitatum Actum — was quickly followed by reports that the prez found his new gig required more heavy lifting than expected.

It’s as if his emergence onto the ramparts of the hostilities over the widespread and autonomous creation of the national monuments areas by the Obama administration finally, utterly convinced Trump that being the fearless leader really is a beast.

Trump’s grand entrance should inflame the narrative even more (if that’s possible), re-energizing all of those city-states — conservationists, fishing stakeholders, energy and mining companies and local communities — spread across Gatsby’s dark fields of the republic.

It also might be better news for one New England area that wasn’t designated than it is for one that was.

Trump’s edict may or may not result in the rollback of the Northeast Canyons and Seamounts Marine National Monument, also known as the New England Coral Canyons and Seamounts area, located about 150 miles off Cape Cod.

Read the full opinion piece at the Gloucester Times

Presidential Executive Order Implementing an America-First Offshore Energy Strategy

May 1, 2017 — The following was released by the White House:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership in energy innovation, exploration, and production, it is hereby ordered as follows:

Section 1.  Findings.  America must put the energy needs of American families and businesses first and continue implementing a plan that ensures energy security and economic vitality for decades to come.  The energy and minerals produced from lands and waters under Federal management are important to a vibrant economy and to our national security.  Increased domestic energy production on Federal lands and waters strengthens the Nation’s security and reduces reliance on imported energy.  Moreover, low energy prices, driven by an increased American energy supply, will benefit American families and help reinvigorate American manufacturing and job growth.  Finally, because the Department of Defense is one of the largest consumers of energy in the United States, domestic energy production also improves our Nation’s military readiness.

Sec. 2.  Policy.  It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain the Nation’s position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible.

Sec. 3.  Implementing an America-First Offshore Energy Strategy.  To carry out the policy set forth in section 2 of this order, the Secretary of the Interior shall:

(a)  as appropriate and consistent with applicable law, including the procedures set forth in section 1344 of title 43, United States Code, in consultation with the Secretary of Defense, give full consideration to revising the schedule of proposed oil and gas lease sales, as described in that section, so that it includes, but is not limited to, annual lease sales, to the maximum extent permitted by law, in each of the following Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management (BOEM) (Planning Areas):  Western Gulf of Mexico, Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;

(b)  ensure that any revisions made pursuant to subsection (a) of this section do not hinder or affect ongoing lease sales currently scheduled as part of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program, as published on November 18, 2016; and

(c)  develop and implement, in coordination with the Secretary of Commerce and to the maximum extent permitted by law, a streamlined permitting approach for privately funded seismic data research and collection aimed at expeditiously determining the offshore energy resource potential of the United States within the Planning Areas.

Sec. 4.  Responsible Planning for Future Offshore Energy Potential.  (a)  The Secretary of Commerce shall, unless expressly required otherwise, refrain from designating or expanding any National Marine Sanctuary under the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary designation or expansion proposal includes a timely, full accounting from the Department of the Interior of any energy or mineral resource potential within the designated area    including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate    and the potential impact the proposed designation or expansion will have on the development of those resources.  The Secretary of the Interior shall provide any such accounting within 60 days of receiving a notification of intent to propose any such National Marine Sanctuary designation or expansion from the Secretary of Commerce.

(b)  The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Homeland Security, shall conduct a review of all designations and expansions of National Marine Sanctuaries, and of all designations and expansions of Marine National Monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code, designated or expanded within the 10-year period prior to the date of this order.

(i)   The review under this subsection shall
include:

(A)  an analysis of the acreage affected and an analysis of the budgetary impacts of the costs of managing each National Marine Sanctuary or Marine National Monument designation or expansion;

(B)  an analysis of the adequacy of any required Federal, State, and tribal consultations conducted before the designations or expansions; and

(C)  the opportunity costs associated with potential energy and mineral exploration and production from the Outer Continental Shelf, in addition to any impacts on production in the adjacent region.

(ii)  Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of the Interior, shall report the results of the review under this subsection to the Director of the Office of Management and Budget, the Chairman of the Council on Environmental Quality, and the Assistant to the President for Economic Policy.

(c)  To further streamline existing regulatory authorities, Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is hereby revoked.

Sec. 5.  Modification of the Withdrawal of Areas of the Outer Continental Shelf from Leasing Disposition.  The body text in each of the memoranda of withdrawal from disposition by leasing of the United States Outer Continental Shelf issued on December 20, 2016, January 27, 2015, and July 14, 2008, is modified to read, in its entirety, as follows:

“Under the authority vested in me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by leasing, for a time period without specific expiration, those areas of the Outer Continental Shelf designated as of July 14, 2008, as Marine Sanctuaries under the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-1434, 33 U.S.C. 1401 et seq.”

Nothing in the withdrawal under this section affects any rights under existing leases in the affected areas.

Sec. 6.  Reconsideration of Notice to Lessees and Financial Assurance Regulatory Review.  The Secretary of the Interior shall direct the Director of BOEM to take all necessary steps consistent with law to review BOEM’s Notice to Lessees No. 2016 N01 of September 12, 2016 (Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf), and determine whether modifications are necessary, and if so, to what extent, to ensure operator compliance with lease terms while minimizing unnecessary regulatory burdens.  The Secretary of the Interior shall also review BOEM’s financial assurance regulatory policy to determine the extent to which additional regulation is necessary.

Sec. 7.  Reconsideration of Well Control Rule.  The Secretary of the Interior shall review the Final Rule of the Bureau of Safety and Environmental Enforcement (BSEE) entitled “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control,” 81 Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth in section 2 of this order, and shall publish for notice and comment a proposed rule revising that rule, if appropriate and as consistent with law.  The Secretary of the Interior shall also take all appropriate action to lawfully revise any related rules and guidance for consistency with the policy set forth in section 2 of this order.  Additionally, the Secretary of the Interior shall review BSEE’s regulatory regime for offshore operators to determine the extent to which additional regulation is necessary.

Sec. 8.  Reconsideration of Proposed Offshore Air Rule.  The Secretary of the Interior shall take all steps necessary to review BOEM’s Proposed Rule entitled “Air Quality Control, Reporting, and Compliance,” 81 Fed. Reg. 19718 (April 5, 2016), along with any related rules and guidance, and, if appropriate, shall, as soon as practicable and consistent with law, consider whether the proposed rule, and any related rules and guidance, should be revised or withdrawn.

Sec. 9.  Expedited Consideration of Incidental Harassment Authorizations, Incidental-Take, and Seismic Survey Permits.  The Secretary of the Interior and the Secretary of Commerce shall, to the maximum extent permitted by law, expedite all stages of consideration of Incidental Take Authorization requests, including Incidental Harassment Authorizations and Letters of Authorization, and Seismic Survey permit applications under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.

Sec. 10.  Review of National Oceanic and Atmospheric Administration (NOAA) Technical Memorandum NMFS-OPR-55.  The Secretary of Commerce shall review NOAA’s Technical Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing) for consistency with the policy set forth in section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appropriate.

Sec. 11.  Review of Offshore Arctic Drilling Rule.  The Secretary of the Interior shall immediately take all steps necessary to review the Final Rule entitled “Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,” 81 Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as practicable and consistent with law, publish for notice and comment a proposed rule suspending, revising, or rescinding this rule.

Sec. 12.  Definition.  As used in this order, “Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management” means those areas delineated in the diagrams on pages S-5 and S-8 of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, as published by the BOEM in January 2015, with the exception of any buffer zones included in such planning documents.

Sec. 13.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

US legislators push for fisheries disaster relief in federal spending bill

April 28, 2017 — Congressional and White House negotiators made progress Tuesday on a must-pass spending bill to keep the federal government open days ahead of a deadline as President Donald Trump indicated that U.S. funding for a border wall with Mexico could wait until September.

“We’re moving forward on reaching an agreement on a bipartisan basis,” Senate Majority Leader Mitch McConnell (R-Kentucky) said, adding that he hoped that an agreement to fund the government through September can be reached in the next few days.

But a big stumbling block remains, involving a Democratic demand for money for insurance companies that help low-income people afford health policies under former President Barack Obama’s health law, or that Trump abandon a threat to use the payments as a bargaining chip. Trump’s apparent flexibility on the U.S.-Mexico wall issue, however, seemed to steer the Capitol Hill talks on the catchall spending measure in a positive direction.

Arriving in Washington, D.C., on Tuesday, California 2nd District Congressman Jared Huffman (D-San Rafael) said he will not be leveraged into supporting “bad policies” such as funding for a border wall, increased military spending and cuts to Affordable Care Act insurance subsidies.

“I am not going to vote for a government funding bill that includes overreaching poison pill provisions,” Huffman told the Times-Standard. “If we have a clean government funding bill, I will support it. But I am not going to be bullied into supporting bad policies in a sort of hijacking exercise with government funding.”

Huffman and a bipartisan group of 16 other legislators are urging congressional appropriation committees to include fisheries disaster funding in the spending bill for fishing fleets in Alaska, Washington, Oregon and California, which includes the California crab fleet and the Yurok Tribe salmon fishing fleet.

Read the full story from the Associated Press at the Eureka Times-Standard

Trump order could put marine monument back in play

April 28, 2017 — President Donald Trump’s new executive order calling for a review of national monument designations under the Antiquities Act could have implications for a marine monument created by President Barack Obama last year in a sweeping area off Cape Cod.

Obama last September announced the creation of the Northeast Canyons and Seamounts Marine National Monument in a 4,913 square mile area about 150 miles southeast of Cape Cod. At the time, Gov. Charlie Baker said he was “deeply disappointed” by the designation of the first deep-sea marine national monument in the Atlantic Ocean, a move the governor viewed as undermining Massachusetts fishermen.

According to the Interior Department, Trump’s order does not strip any monument designation and also does not “loosen any environmental or conservation regulations on any land or marine areas.” It calls for the review of all declarations made since Jan. 1, 1996 that cover more than 100,000 acres or where the Interior secretary determines that the designation “was made without adequate public outreach and coordination with relevant stakeholders.”

The Northeast Canyons and Seamounts area includes three underwater canyons and four underwater mountains that are habitats for protected species, including sea turtles and endangered whales. Local critics of Obama’s September 2016 marine monument designation said it was made without sufficient public input.

Read the full story at the New Bedford Standard-Times

Targeted monuments are on land, in sea

April 28, 2017 — President Trump’s call to review 24 national monuments established by three former presidents puts in limbo protections on large swaths of land that are home to ancient cliff dwellings, towering sequoias, deep canyons and ocean habitats where seals, whales and sea turtles roam.

Trump and other critics say presidents have lost sight of the original purpose of the law created by President Theodore Roosevelt that was designed to protect particular historical or archaeological sites rather than wide expanses. Here’s a quick look at five of the monuments on the list:

Northeast Canyons and Seamounts Marine National Monument:

Designated by President Barack Obama in September 2016, the Atlantic Ocean’s first marine national monument consists of nearly 5,000 square miles of underwater canyons and mountains off the New England coast. The designation was widely praised by environmentalists as a way to protect important species and habitat for whales and sea turtles while reducing the toll of climate change.

The designation closed the area to commercial fishermen.

Papahanaumokuakea Marine National Monument:

This remote monument northwest of Hawaii’s main islands was created by President George W. Bush in 2006 and was quadrupled in size last year by President Obama. The nearly 583,000-square-mile safe zone for tuna, the endangered Hawaiian monk seal and thousands of other species is the world’s largest marine protected area, more than twice the size of Texas.

Obama pointed to the zone’s diverse ecology and cultural significance to Native Hawaiian and early Polynesian culture as reasons for expanding the monument.

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

Trump orders review of national monuments, vows to ‘end these abuses and return control to the people’

April 27, 2017 — The following is an excerpt of a story published in the Washington Post on April 26:

President Trump signed an executive order Wednesday instructing Interior Secretary Ryan Zinke to review any national monument created since Jan. 1, 1996, that spans at least 100,000 acres in a move he said would “end another egregious use of government power.”

The sweeping review — which Trump predicted would “end these abuses and return control to the people, the people of all of the states, the people of the United States” — could prompt changes to areas designated not only by former president Barack Obama but also by George W. Bush and Bill Clinton.

The review will also examine major marine areas that Bush and Obama put off limits. That includes Hawaii’s Papahanaumokuakea Marine National Monument, which Bush designated in 2006 and Obama quadrupled in size a decade later.

James L. Connaughton, who chaired the Council on Environmental Quality under Bush, said that Bush criticized “the flawed process” that led to Clinton’s designation of Grand Staircase-Escalante and that his deputies solicited local input once he took office.

Although Connaughton defended the Antiquities Act as “one of the best balances between the two branches,” he said Obama had overreached in his expansion of Papahanaumokuakea and the creation of a controversial marine monument off New England’s coast.

“They fell short on the process and the substance underlying the justification for them,” Connaughton said of Obama administration officials. “As a result, it’s created legitimate criticism, which undermines the support for subsequent designations.”

Read the full story at the Washington Post

Trump review of national monuments includes New England Coral Canyons

Apri 27, 2017 — President Donald Trump’s latest executive order threatens newly won protections for an underwater national monument located 150 miles off the coast of Cape Cod.

With a stroke of a pen Wednesday, Trump ordered the Interior Department to review a number of monuments created by former President Obama under the Antiquities Act and identify ones that can be rescinded or resized as part of a push to open up more federal lands to drilling, mining and other development.

One of the monuments Obama created is the Northeast Canyons and Seamounts Marine National Monument, also known as the New England Coral Canyons and Seamounts area.

It is a massive undersea area where the continental shelf drops off into the deep waters of the Atlantic Ocean, In those deep waters, four extinct underwater volcanoes, called seamounts, provide habitat for a number of cold-water corals that are hundreds, and some thousands, of years old.

The ecosystem provides a breeding and feeding ground for a number of fish and other marine animals, including whales.

In an executive order signed on Sept. 15, Obama said, “These canyons and seamounts, and the ecosystem they compose, have long been of intense scientific interest.”

Read the full story at The Connecticut Mirror

Environmentalists vow to fight Trump on Maine monument

April 26, 2017 — President Trump on Wednesday will issue a sweeping executive order to review as many as 40 national monument designations made by his three predecessors, an unprecedented move that could curtail or rescind their protected status.

It was unclear which areas would come under review, but the list could include monuments designated last year by President Barack Obama, including thousands of acres of pristine woods in northern Maine and sensitive marine habitats in the submerged canyons and mountains off Cape Cod.

Environmental groups immediately questioned the president’s legal authority to reverse a previous president’s designation, but the Trump administration has suggested that some of the restrictions on mining, logging, and other commercial and recreational activities have gone too far.

“The review is long overdue,” US Interior Secretary Ryan Zinke said at a White House news conference.

“No one can say definitely one way or another whether a president can undo an earlier president’s designation, because the issue has never been litigated,” said New Bedford Mayor Jon Mitchell, who has opposed Obama’s closing of 5,000 square miles of seabed to fishing by designating the Northeast Canyons and Seamounts Marine National Monument, about 130 miles off Cape Cod.

Mitchell said there is precedent for presidents to change the boundaries and activities within a national monument. President Woodrow Wilson reduced by half the size of the Mount Olympus National Monument in Washington, created by President Theodore Roosevelt.

“Intuitively, one would assume that if the president can establish a monument, the president can undo an earlier establishment,” he said.

Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., said the president wouldn’t have to rescind Obama’s designation to address the concerns of the fishing industry.

“With the stroke of a pen, he could just say there’s no longer a ban on commercial fishing,” he said.

Read the full story at the Boston Globe

Trump Targets National Monuments, Including Papahanaumokuakea

April 26, 2017 — President Donald Trump is ordering a review of the designations for more than two dozen national monuments, including ecologically rich marine preserves in the Pacific such as Papahanaumokuakea, Marianas Trench and the Pacific Remote Islands.

Through an executive order he is expected to sign Wednesday, Trump will instruct Secretary of the Interior Ryan Zinke to engage in a sweeping review of many national monuments created by presidential proclamation since 1996.

The Papahanaumokuakea Marine National Monument in the Northwestern Hawaiian Islands, which was dramatically enlarged by President Barack Obama last summer despite the opposition of the local fishing industry, would be included in the review. Opponents of Obama’s decision have taken their complaints to Washington.

In a Tuesday press briefing held at the White House and by telephone with reporters around the country, Zinke said he has been asked to evaluate the monuments created in the past 20 years that encompass more than 100,000 acres to see whether local communities should be given additional input into their scope and restrictions.

He said he would look specifically at monuments that have been made off-limits to what he called “traditional uses,” such as farming, ranching, timber harvesting, mining, oil and gas exploration, motorized recreation and fishing. An important criteria would be whether jobs were created or eliminated by the monuments, he said.

Zinke estimated 24-40 monuments were likely to come under review.

Read the full story at the Honolulu Civil Beat