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Rep Young’s Magnuson Bill to Move Ahead with Input from Calif. Rep Huffman; Aim is No Poison Pills

September 28, 2017 — SEAFOOD NEWS — Alaska’s Representative Don Young closed Tuesday’s hearing on four fisheries bills, by remarking to the panel, “We are going to use the vehicle of [HR] 200. I’m going to work with Mr. Huffman and see if we can’t come to some conclusion.

“The basic skeleton of the Magnuson Act … we’re going to keep the skeleton whole. Get those comments and suggestions to us, because we’re going to try to get something moving by October or November this year,” Young said.

Rep. Jared Huffman (D-CA) introduced a discussion draft called “Strengthening Fishing Communities through Improving Science, Increasing Flexibility, and Modernizing Fisheries Management Act.” The discussion paper includes sections on Council transparency, flexibility in rebuilding fish stocks, Saltonstall-Kennedy Act reform, red snapper cooperative research and others.

Rep. Jared Huffman said after the hearing Tuesday that Democrats and Republicans have many agreements when it comes to fishery regulations and management.

However, he said previous attempts in recent years to amend and reauthorize the law have stalled because of “poison pill” riders that would exempt fisheries from conservation policies such as the Endangered Species Act and National Environmental Protection Act.

“Instead of making meaningful improvements to our most important fisheries statute, this process has focused on weakening fundamental environmental protections in place of making meaningful improvements to our important fisheries management framework,” Huffman (D-San Rafael) said in his opening statement at the committee hearing. “This partisan process does a disservice to hardworking fishermen across the country including those in my district.”

Members from both sides of the aisle were in agreement that the law — known as the Magnuson-Stevens Fishery Conservation and Management Act of 1976 — has worked to prevent overfishing and replenish overfished stocks as was intended upon its passage.

Two other bills were discussed and commented on at the hearing by invited witnesses. HR 3588  and HR 2023 are focused on modernizing recreational fisheries and managing red snapper in regional ways, respectively.

The hearing was before the Water, Power, and Industry Subcommittee of the larger House Committee on Natural Resources.

Witnesses included Chris Oliver, Director of NOAA Fisheries; Mayor Johnathan Mitchell of New Bedford; Mike Merrifield, Southeastern Fisheries Association; Susan Boggs, co-owner of a charter operation out of Alabama, and others.

Chairman Doug Lamborn opened the hearing saying “Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. …whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore side support, a boat manufacturer or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small business. It’s my hope today that we will create a strong, bi-partisan MSA that supports jobs and our fishermen, and that supports the science data and process used in federal fisheries management.”

Jonathan Mitchell, Mayor of New Bedford, pushed back on the concept of “flexibility.”

“The term “flexibility” should not be understood as a euphemism for deregulation,” Mitchell said. “The councils are in the business of finely calibrating decisions in light of relevant environmental and economic data, and their own experience and expertise.

“In the discharge of their duties, they tend not to win friends either in the fishing industry or in the conservation community, and given the goals of Magnuson-Stevens, that’s probably the way it should be,” Mitchell said.

Susan Boggs, co-owner in a charter boating operation in Alabama, supported the current MSA.

“I am here today to tell you that MSA is working. This law was written to bring fisheries back from collapse, to ensure long-term sustainability for future generations, and to provide a conduit for stakeholders to be a part of the management process.

“There are several species of fish that are critical to the charter/for-hire sector in the Gulf of Mexico, but perhaps none more than red snapper. Since 2007, when annual catch limits became a requirement, the recreational sector’s quota for red snapper has tripled. MSA has worked for us.

“A suggestion that I would offer to this committee that would have a meaningful impact on the management of this fishery would be a Federal Red Snapper angler license,” she said.

“No one can tell you how many anglers target Red Snapper in the Gulf of Mexico. This license does not have to be cost prohibitive. Even a $10 fee would provide better data on the number of anglers targeting this species and could generate millions of dollars that could be used for cost recovery, stock assessments and better landings data which should include more real-time reporting using current technology from private anglers.”

Chris Oliver listed challenges to NOAA, nationwide and how MSA can tackle them.  “We face formidable challenges managing recovering stocks to benefit both commercial and recreational user groups with fundamentally different goals and objectives, and who are experiencing increased fish interactions due to the strong management measures that have improved historically overfished populations.

“Together with our partners, it is essential that we continue to explore innovative, science-based management approaches and regional management tools. We must remain dedicated to exploring ways to maximize economic opportunities from wild-caught fisheries for commercial and recreational fishermen, processors, and communities. We are committed to working with Congress on the bills put forth by this subcommittee, to ensure that annual catch limits, accountability measures, stock rebuilding, and other aspects of our management construct are working, while protecting the overall, long-term conservation and sustainability of the nation’s fishery resources.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

MASSACHUSETTS: Mayor Mitchell testifies in front of Congress on Magnuson-Stevens

September 27, 2017 — NEW BEDFORD, Mass. — Mayor Jon Mitchell traveled to the nation’s capital Tuesday to speak on potential improvements to the Magnuson-Steven Act, which governs marine fishery management in the United States.

He spoke to the Subcommittee on Water, Power and Oceans regarding one key theme: flexibility.

“What New Bedford has to say about commercial fishing carries weight in the halls of Congress,” Mitchell said. “We are the biggest commercial fishing port in the country. We should have a seat at the table when Congress goes about reforming our nation’s fisheries laws.”

Mitchell was invited to testify by Natural Resources Committee Chairman Rob Bishop who visited New Bedford last year. Though invited by the Republicans to speak in front of Congress, the Democratic mayor pitched bi-partisan ideas in the reauthorization of the act.

“What’s really interesting is there isn’t a great deal of difference between the Democratic and Republican reauthorization bills,” Mitchell said. “I testified as much.”

While in Washington, D.C., he also met with Nancy Pelosi, the House minority leader, to discuss tax reform in cities as well as infrastructure. Away from fishing, he also met with Sen. Dick Durbin of Illinois, who co-sponsored the DREAM Act aimed at helping resurrect DACA.

Read the full story at the New Bedford Standard-Times

Fishing rule reforms debated on Capitol Hill

September 27, 2017 — How large of a role should the federal government have in regulating fishing fleets?

Republicans and Democrats on the House Committee on Natural Resources discussed this question Tuesday in Washington, D.C., as part of renewed efforts to reauthorize and potentially amend a 40-year-old law that works to prevent overfishing and provide aid to fishing fleets.

Committee member and California 2nd District Rep. Jared Huffman said after the hearing Tuesday that Democrats and Republicans have many agreements when it comes to fishery regulations and management.

However, he said previous attempts in recent years to amend and reauthorize the law have stalled because of “poison pill” riders that would exempt fisheries from conservation policies such as the Endangered Species Act and National Environmental Protection Act.

“Instead of making meaningful improvements to our most important fisheries statute, this process has focused on weakening fundamental environmental protections in place of making meaningful improvements to our important fisheries management framework,” Huffman (D-San Rafael) said in his opening statement at the committee hearing. “This partisan process does a disservice to hardworking fishermen across the country including those in my district.”

Members from both sides of the aisle were in agreement that the law — known as the Magnuson-Stevens Fishery Conservation and Management Act of 1976 — has worked to prevent overfishing and replenish overfished stocks as was intended upon its passage.

Read the full story at the Eureka Times-Standard

Members Review Proposals to Modernize Federal Fisheries Management

September 26, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Water, Power and Oceans held a legislative hearing on a series of bills aimed at improving federal fisheries management for commercial and recreational fisherman.

“Many of you here today probably consider this to be a fishery hearing, but I assure you it is much more than that. Whether we are talking about a commercial, recreational, or charter boat operation, the working waterfront that provides shore-side support, a boat manufacturer, or your local mom and pop bait and tackle shop, today’s hearing is about supporting American small businesses,” Subcommittee Chairman Doug Lamborn (R-CO) said. 

H.R. 200, introduced by Chairman Emeritus Don Young (R-AK), reauthorizes the Magnuson-Stevens Fishery Conservation and Management Act. Since the last reauthorization, fishermen’s access has been eroded by federal agencies that ignore public input and rely upon outdated science in management decisions. Existing implementation of the law has resulted in negative impacts to local economies and a greater regulatory burden on recreational and commercial fishermen.

“My bill works to strengthen the Magnuson-Stevens Act by giving our nation’s regional fisheries councils the added flexibility they need,” Young said. “As a father of the original 1976 legislation, my goal is to reauthorize the MSA with a focus on maintaining the species; ensuring they’re healthy, can retain themselves and can continue to support coastal communities that rely on these fisheries.”

The Committee also discussed two bills from Rep. Garret Graves (R-LA), H.R. 2023, the “Modernizing Recreational Fisheries Management Act of 2017,” and H.R. 3588, the “RED SNAPPER Act,” which looked more closely at systemic issues facing recreational fishers and more specifically red snapper management.

“It is my hope that we can use these bills in front of us today to produce a strong, bipartisan Magnuson-Stevens reauthorization that supports jobs and our fishermen by strengthening the science, data, and process used in federal fisheries management,” Lamborn added.

Chris Oliver, Assistant Administrator for the National Oceanic and Atmospheric Administration (NOAA), conveyed the administration’s support for the added flexibility for innovative, regional management plans.

“NOAA Fisheries stands ready to work with the Congress to craft a reauthorization bill that addresses current fishery management challenges and ensures the Nation’s fisheries are able to meet the needs of both current and future generations,” Oliver stated.

Click here for full witness testimony.

NCFC Members to Testify at House Hearing on Fishery Bills

September 25, 2017 — Tomorrow at 10:00 AM, two members of Saving Seafood’s National Coalition for Fishing Communities will testify before a House Natural Resources subcommittee on four bills affecting fisheries and fisheries management. Jon Mitchell, the Mayor of New Bedford, Massachusetts and head of the NCFC member New Bedford Harbor Development Commission, and Mike Merrifield, of the Southeastern Fisheries Association, will join other witnesses at tomorrow’s hearing.

The following information on the hearing was released by the House Natural Resources Committee Subcommittee on Water, Power, and Oceans:

On Tuesday, September 26, 2017, at 10:00 a.m., in room 1334 Longworth House Office Building, the Subcommittee on Water, Power and Oceans will hold a legislative hearing on the following bills:

  • H.R. 200 (Rep. Don Young), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes.
  • H.R. 2023 (Rep. Garret Graves), To modernize recreational fisheries management “Modernizing Recreational Fisheries Management Act of 2017.”
  • H.R. 3588 (Rep. Garret Graves), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for other purposes. “RED SNAPPER Act.”
  • Discussion Draft of H.R. ____ (Rep. Jared Huffman), To amend and reauthorize the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes.

Witnesses:

The Honorable Jonathan Mitchell 
Mayor
City of New Bedford
New Bedford, Massachusetts

Mr. Chris Macaluso
Director, Center for Marine Fisheries
Theodore Roosevelt Conservation Partnership
Washington, DC

Ms. Susan Boggs
Co-Owner
Reel Surprise Charter Fishing
Orange Beach, Alabama

The Honorable Wilbur Ross (Invited)
Secretary
U.S. Department of Commerce
Washington, DC

Mr. Ben Martens
Executive Director
Maine Coast Fisherman’s Association
Brunswick, Maine

Mr. Mike Merrifield
Southeastern Fisheries Association
Tallahassee, Florida

Mr. Chris Blankenship
Commissioner
Alabama Department of Conservation and Natural Resources
Montgomery, Alabama

More information on the hearing, including a link to a live stream of the proceedings, can be found at the House Natural Resources Committee website.

Rep. Rob Bishop: Preserving an American tradition: Maintaining access and increasing opportunities on our public lands

September 20, 2017 — Sportsmen are the heart and soul of conservation policy in the United States. In the spirit of the first Chief of the U.S. Forest Service, Gifford Pinchot, our nation values the “wise use of the Earth and its resources for the lasting good of men” through responsible resource management, conservation and recreation.

However, to ensure conservation and economic growth can be created by our federal lands, it is important to have access to outdoor activities on America’s public lands, and to have secure Second and Tenth Amendment rights. That is why Congress should pass the “Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act.” Many of our nation’s sportsmen enjoy access to our public lands, which also makes possible many jobs in the outdoor recreation industry sector. Maintaining access and increasing opportunities on our public lands will help ensure our natural resources are conserved in perpetuity, and helps sustain good, family supporting jobs for millions of Americans.

American sportsmen annually fund our nation’s legacy of conservation through a “user-pays, public-benefits” system, which provides millions of dollars toward the preservation of our lands and natural resources. In 2015, hunting and recreational shooting activities alone generated $823 million to support the conservation and rehabilitation of public land, and provide more than 80 percent of the annual funding for state fish and game agencies. America needs more hunters and recreational shooters to ensure the sustainability of this system.

Read the full opinion piece at The Hill

Subcommittee to Review Bills to Modernize Federal Fisheries Management

September 19, 2017 — The following was released by the House Committee on Natural Resources:

Washington, D.C. – On Tuesday, September 26, 2017 at 10:00 AM in 1334 Longworth House Office Building, the Subcommittee on Water, Power and Oceans will hold a legislative hearing on the following bills:

  • H.R. 200 (Rep. Don Young), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes.
  • H.R. 2023 (Rep. Garret Graves), To modernize recreational fisheries management “Modernizing Recreational Fisheries Management Act of 2017”
  • H.R. 3588 (Rep. Garret Graves), To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for other purposes. “RED SNAPPER Act”
  • Discussion Draft of H.R. ____  (Rep. Jared Huffman), To amend and reauthorize the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes.
WHAT: Subcommittee on Water, Power and Oceans Legislative Hearing on 4 Bills
WHEN: Tuesday, September 26
10:00 AM
WHERE: 1334 Longworth House Office Building

Visit the Committee Calendar for additional information once it is made available. The meeting is open to the public and a video feed will stream live at House Committee on Natural Resources.

Panel Reviews Legislation to Increase Access to Outdoor Sporting Opportunities on Federal Lands

September 12, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Federal Lands held a legislative hearing on H.R. 3668, the “Sportsmen’s Heritage and Recreational Enhancement Act of 2017” or “SHARE Act.” The bill increases opportunities for hunters, anglers and shooters, eliminates red tape impeding outdoor sporting activities, and protects Second Amendment Rights.

“Outdoor sporting activities, including hunting, fishing and recreational shooting, aredeeply engrained in the fabric of America’s culture and heritage. Values of personal responsibility, resource management and conservation and outdoor recreation instilled by these activities are passed down from generation to generation and play a significant role in the lives of millions of Americans,” Subcommittee Chairman Tom McClintock (R-CA) said.

Outdoor sporting activities are a major economic driver in the United States. According to the Outdoor Industry Association, sportsmen and women annually generate 7.6 million American jobs, $65.3 billion in federal tax revenues and a combined $59.2 billion in state and local taxes.

Despite the significant economic benefits of outdoor sporting activities, unnecessary bureaucratic roadblocks inhibit access to these activities on federal lands.

“Among the most commonly cited reasons by Americans who have given up on these recreational pursuits on public lands are access issues,” McClintock argued.

The “SHARE Act” includes multiple provisions that improve access and opportunities for outdoor recreation and sporting activities on federal lands, including requiring the U.S. Forest Service and the Bureau of Land Management to be “open until closed” for recreational hunting, fishing and shooting.

“As a nation, we must encourage all Americans, and in particular young people and urban residents, to increase their participation in wildlife-oriented recreation, including hunting, shooting and fishing,” Anna Seidman, Director of Government Affairs for the Safari Club International, said. “[The ‘SHARE Act’] removes statutory and regulatory obstacles that inhibit federal agencies from providing access and opportunities [for sportsmen and women].”

The “SHARE Act” also increases safety and hearing protection for sportsmen and women by removing onerous requirements associated with purchasing hearing protection equipment.

“No reason exists why one should be forced to damage one’s hearing to hunt, target shoot, or exercise one’s second Amendment rights,” Stephen Halbrook, an attorney who specializes in Second Amendment issues, stated.

The bill prevents firearm mufflers from being regulated under the 1934 National Firearms Act, which requires a $200 transfer tax fee. It also ends the requirement that law-abiding gun owners go through a secondary, outmoded federal background check and continues to treat mufflers as firearms subject to extensive regulations under the Gun Control Act.

“[The ‘SHARE Act’] would protect law enforcement interests while at the same time allowing law-abiding gun owners to protect their health better and to reduce noise pollution,” Halbrook added.

Christopher Sharon, CEO of Hope for the Warriors, added that firearm mufflers are vital for veterans’ enjoyment of the outdoors, pointing to the prevalence of hearing loss for those who have trained and served in our military.

“Preserving what remains of our heroes’ hearing, while still giving them the opportunities to live a full life is our goal,” Sharon stated.

Click here to view full witness testimony.

Click here for more information on the “SHARE Act.”

The ESA Litigation Cartel

Americans Become Less Litigious as Frivolous ESA Litigation Quintuples

August 29, 2017 — The following was released by The Scope, a newsletter by the House Committee on Natural Resources:

According to recent polling from Public Opinion Strategies, 87% of voters agree that there are too many lawsuits filed in America. In fact, “Americans, reputed to be the most litigious people in the world, are filing far fewer lawsuits.” However, despite these developments, suits from fringe elements of the national environmental lobby are growing more rampant.

Here’s the good news: in 1993, 10 out of every 1,000 Americans filed a tort lawsuit. In 2015, that number declined to 2 out of 1,000 Americans filing suit. By contrast, environmental litigation, especially cases filed under the Endangered Species Act (ESA), has experienced a sustained spike.

ESA has been abused by a small group of deep-pocketed special interest litigants to enforce their own policy preferences and to line the pockets of their attorneys and organizations. The ESA imposes no cap on attorneys’ fee awards that these special interest plaintiffs can recover from the federal government. The absence of such a cap was originally designed to ease the financial burden on citizens protecting themselves against federal actions. But when wealthy ideological groups repeatedly abuse the law in order to enrich themselves with taxpayers’ money, where do we draw the line?

As the Committee continues its work to improve and modernize the ESA, it’s a question worth asking.

Curtailing Species Recovery

ESA Litigation Cartel Fact #1: Two litigious environmental groups alone – WildEarth Guardians and Center for Biological Diversity – have filed over 1,500 lawsuits since 1990. That’s one new paralyzing lawsuit filed roughly every week over the past three decades from just two so-called “environmental” organizations.

Outcome: Valuable taxpayer resources are drained from actual species recovery – the very purpose of the ESA in the first place – to line the pockets of a few large-scale litigants.

Drowning Resources from the Fish and Wildlife Service (FWS) 

ESA Litigation Cartel Fact #2: ESA-related sue-and-settle agreements quintupled during the Obama administration compared to previous administrations. In 2011, as part of a “mega-settlement” with the same two environmental groups, the FWS agreed to review over 250 species as well as actions impacting 1,053 species without public review or state input.

Outcome: Consequently, FWS devoted nearly all of its species petition and listing budget to comply with lawsuits, siphoning valuable taxpayer resources away from actual species recovery.

Costing the Taxpayer Millions

ESA Litigation Cartel Fact #3: Federal agencies have paid out $30 million for ESA-related litigation since 2009, and the Department of the Interior alone has shelled out $14 million on ESA-related attorney’s fees in the same time frame.

Outcome: Between 2009 and 2012, “sue and settle” agreements between environmental groups and the federal government resulted in over 100 new regulations with more than $100 million in annual compliance costs and – once again – more resources shifting away from actual species recovery.

Monuments Review Spurs Call to Overhaul Antiquities Act

Interior Department does not recommend overturning any designations

August 28, 2017 — The Interior Department’s conclusion of a contentious review of national monuments might give Congress some impetus to revisit the Antiquities Act of 1906, which presidents of both parties have used to designate monuments through executive action.

House Natural Resources Chairman Rob Bishop on Thursday called for Congress to overhaul the Antiquities Act to place “reasonable limits” on the way presidents use the statute. Bishop’s statements came shortly before the Interior Department submitted recommendations to the White House after an executive-ordered review of monument designations made over the last two decades.

Bishop, a Utah Republican and forceful critic of federal control of public lands in the West, said in a call with reporters that the Obama administration had abused the statute that allows presidents to designate national monuments without congressional action. The Interior review, he said, was necessary because some of the designations were a result of abuse of the statute and did not allow for adequate input by local communities.

“If we don’t reform the Antiquities Act, we will have a replication of failures,” Bishop said. “If the procedure is flawed, the product is going to be flawed.”

Former President Barack Obama’s most contentious designation, the creation of the 1.3 million-acre Bears Ears monument, drew much opposition from Bishop and other Utah lawmakers, who lobbied the Trump administration for its reversal. Another of the more contentious ones is Maine’s Katahdin Woods and Waters National Monument, which marked its first anniversary Thursday.

Read the full story at Roll Call

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