Saving Seafood

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

 

Zinke calls for more wind energy proposals off LI

April 6, 2018 — PRINCETON, N.J. — U.S. Interior Secretary Ryan Zinke issued a powerful endorsement for offshore wind energy at a symposium here Friday, and announced a call for new proposals for a wind energy area off Long Island.

Zinke said wind energy was a key part of the Trump administration’s plan for greater energy independence, saying it was “morally the right thing to do” in place of seeking resources in conflict-ridden areas.

He called the offshore wind industry a virtual “blank slate” with “enormous potential.”

His speech included announcement of a formal “call for information and nominations” from companies interested in potential wind energy areas for the New York Bight off Long Island’s South Shore.

Fishermen have sued to block a lease already issued to Statoil in that area, which they consider a vital scallop and squid ground.

Zinke emphasized the importance of protecting fisheries and the fishing industry, saying they’ll be important stakeholders in a five-year plan being developed by the department.

Read the full story at Newsday

 

Atlantic marine monument suit can move forward

March 30, 2018 — Fishing organizations are set to proceed with their suit against the federal government to reopen fishing grounds in New England.

President Obama established the Northeast Canyons and Seamounts National Marine Monument, which included a blanket commercial fishing ban in an area that was already closed to some gear types under the New England Fishery Management Council’s jurisdiction.

The lawsuit has been held up since April 2017 by a Trump administration review of several national monuments created under the Obama administration. Recent filings at the U.S. District Court for the District of Columbia say the hold was lifted in mid-March.

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.

In December, Interior Secretary Ryan Zinke recommended making changes to marine national monument policies and proposed shifting the responsibility for controlling fishing within the monument to the regional fishery management councils.

“No president should use the authority under the act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the objects,” wrote Zinke in his recommendation.

Since Zinke’s official recommendations, no public action has been taken by the administration to address his statement.

Fishing industry leaders involved with the suit are ready to pick up where they left off.

“The Massachusetts Lobstermen’s Association is optimistically encouraged, given the forward movement of the lawsuit,” said Beth Casoni, executive director of The Massachusetts Lobstermen’s Association. “We are hopeful to regain the fishing grounds that were taken away from the fleet and to set a legal precedent through the court that will prevent any further draconian actions against the fleet.”

While lobster and deep-sea red crab fisheries were granted a 7-year grandfather period, all other commercial fishing was banned when the 5,000-square-mile monument was established in order to protect deep-sea corals and vulnerable species like North Atlantic right whales.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” Jon Williams, a New Bedford, Mass., crabber and a member of plaintiff group Offshore Lobstermen’s Association told the Associated Press.

Read the full story at National Fisherman

 

Lawsuit against national marine monument moving forward

March 29, 2018 — A lawsuit against a national marine monument, started nearly a year ago, is moving forward once more after a U.S. District Court Judge lifted a stay placed on the case.

The Northeast Canyons and Seamounts National Marine Monument, established via executive order using the Antiquities Act by President Barack Obama, set aside 4,913 square miles (12,724 square kilometers) of ocean 130 miles (209 kilometers) off the coast of New England. Soon after the monument was established, several fishing groups sued the federal government arguing that the move exceeded the President’s authority.

The motivation behind the lawsuit stems from the monument’s blanket ban on all commercial fishing. While a grandfather period of seven years was given to the lobster and deep-sea red crab fisheries, all other fishing operations have been banned from the area.

Now, thanks to U.S. District Court Judge James E. Boasberg’s lift of a stay granted on 12 May 2017, the lawsuit will begin to move forward once more. The lawsuit argues that Obama did not have the authority to establish the monument based on the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government.”

Secretary of the Department of the Interior Ryan Zinke recommended, in a review released in December 2017, that the proclamation of the monument be amended to allow the local fishery management council to make decisions as authorized by the Magnuson-Stevens Act.

“There is no explanation in the proclamation as to why the objects are threatened by well-regulated commercial fishing,” wrote Zinke in his recommendations. “The proclamation should be amended, through the use of appropriate authority.”

Since that recommendation, however, the Trump administration has failed to act.

“Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse – locking fishermen out of an area of ocean as large as Connecticut,” said Jonathan Wood, an attorney with the Pacific Legal Foundation who is representing the plaintiffs. “The court’s decision to lift the stay will now require President Trump to decide whether to act on the secretary’s recommendation or defend President Obama’s unlawful monument decision in court.”

So far, said Wood, they haven’t heard whether or not the administration plans to defend the monument in court.

Read the full story at Seafood Source

 

Coastal leaders speak out against offshore oil drilling plans

Many states want to be left out of new oil leases entirely

February 23, 2018 — Politicians and fishing industry representatives from across the country have been speaking out against a proposal from the Department of Interior that would end an Obama-era ban and open up coastal states for offshore drilling operations.

“I find the whole thing to be really quite alarming,” said Rhode Island Gov. Gina Raimondo, who requested an interview with the Providence Journal to speak out on the proposal. “This might happen if we don’t oppose it loudly enough.”

The New England Fishery Management Council voted to urge federal regulators to take the whole Atlantic coast out of consideration during its first meeting of 2018.

“Spills don’t happen all that often, but there clearly have been a number of cases that we all know about… where those activities have resulted in some significant impacts to our marine resources,” said Doug Grout, chief of New Hampshire’s Marine Division.

Read the full story at National Fisherman

 

Interior to Hold Massive Sale of Offshore Oil and Gas Leases

February 21, 2018 — The Interior Department announced Friday that the sale of leases on 77.3 million acres off the Southeast coast for oil and gas exploration will occur on March 21.

The sale, which Deputy Interior Secretary David Bernhardt said is the largest in U.S. history, will consist of leases off the coasts of Texas, Louisiana, Mississippi, Alabama, and Florida. It includes all currently unleased areas in federal waters in the Gulf of Mexico.

“Responsibly developing our offshore energy resources is a major pillar of President Trump’s American Energy Dominance strategy,” Bernhardt said. “A strong offshore energy program supports tens of thousands good paying jobs and provides the affordable and reliable energy we need to heat homes, fuel our cars, and power our economy.”

Anne Rolfes, director of the Louisiana Bucket Brigade, a New Orleans-based nonprofit that is heavily involved in environmental issues asked “How stupid can we be?” when she learned of the scheduled lease sale.

“The Gulf Coast is consistently nailed by hurricanes and yet our government insists on an energy strategy that exacerbates these hurricanes,” she said.

“A real energy strategy would be one that pursues renewables full speed ahead. Their so-called energy strategy is really a scheme for corrupt politicians to enrich themselves and their cronies,” Rolfes added.

Raleigh Hoke, campaign director of the Gulf Restoration Network, also took a dim view of the Interior Department announcement.

“We are disappointed that this Administration is moving forward with yet another lease sale in the Gulf of Mexico while simultaneously rolling back key safety measures to protect workers and the environment,” Hoke said. “Oil spills and accidents are an everyday occurrence in the Gulf, and we’re still at risk of a major catastrophe like the 2010 BP drilling disaster. We need stronger safety requirements, not weaker, and an end to all new offshore leasing in the Gulf.”

“Trump’s auctioning off this massive amount of our ocean while at the same time proposing to rollback important environmental and safety requirements,” agreed Kristen Monsell, a senior attorney with the Center for Biological Diversity.

Read the full story at the Courthouse News Service

 

Trump has proposed offshore drilling in the Atlantic. Here’s what it means for N.J.

January 24, 2018 — When President Trump’s administration announced plans earlier this month to reconsider drilling off the Atlantic coast, officials and community leaders up and down the Jersey Shore began digging in for a fight they thought they’d won in 2016. Here are the basic facts behind the plan and the reasons why so many groups are against the proposal.

Trump’s plan: Drill baby drill

Trump’s Interior Secretary Ryan Zinke proposed opening nearly all federal waters to offshore drilling. The federal waters would be divided into sections and then the leases to those sections would be auctioned off to oil companies. Under the proposal, 25 of the government’s 26 planning areas would be opened up for 47 potential lease sales.

New Jersey would be part of the North Atlantic section, and leases for areas off the Jersey Shore would be auctioned off in 2021 and 2023.

“Responsibly developing our energy resources on the Outer Continental Shelf in a safe and well-regulated way is important to our economy and energy security, and it provides billions of dollars to fund the conservation of our coastlines, public lands and parks,” Zinke said in a press release announcing the plan.

Who supports this plan?

Only one governor on the Atlantic Coast — Paul LePage of Maine, pictured above — has expressed approval of the plan. The Maine governor has said that he supports the plan because he believes it will bring jobs to his state and lower energy costs for Maine residents.

In a December 2013 report, the American Petroleum Institute — a group that advocates for the expansion of oil and natural development nationwide — estimated that offshore drilling could bring more than 8,000 jobs to New Jersey and bring in $515 million in revenue for the state government.

Uncertain potential for profit

Oil and gas companies could stand to profit from drilling off the Jersey Shore, but only if they find enough oil out there.

The last offshore exploration near the Garden State was in the 1970s and 1980s, when companies like Texaco and Tenneco drilled wells near the Hudson Canyon, a little less than 100 miles east of Atlantic City.

According to reports filed with the Bureau of Ocean Energy Management, the exploration found no significant oil deposits and small amounts of natural gas reserves.

Has there been drilling off of the shore before?

Technically yes, but the exploratory drilling of the 1970s and 1980s was the farthest that the process has ever gotten. No lease sales have occurred in the Atlantic since 1983.

In 2017, a BOEM assessment estimated that the Atlantic contained an between 1.15 billion and 9.19 billion barrels of oil, a fraction of the estimated 76.69 billion to 105.59 billions barrels throughout all federal waters. According to the same assessment, the North Atlantic is estimated to hold between 0.06 billion and 5.11 billion barrels.

Read the full story at the NJ.com

 

States seek exemptions from Trump’s offshore drilling plan, citing economic value of fisheries

January 18, 2018 — Newly released plans for an expansion of domestic offshore drilling from the administration of U.S. President Donald Trump could come at a significant cost to the country’s seafood industry, according to  environmental advocates and public officials.

As the Bureau of Ocean Energy Management held a public comment meeting in an Annapolis, Maryland hotel on Tuesday, 16 January, those opposed to the plan met at the same hotel.

William C. Baker, president of the Chesapeake Bay Foundation, reiterated his opposition to leasing drilling rights in Maryland waters and elsewhere. The bay is a critical nurturing ground for blue crabs.

“One oil spill at the wrong time at the wrong place could wipe out an entire year’s class of Chesapeake Bay blue crabs, several hundred million dollars worth, and all the jobs that associate with it,” Baker said at the rally, according to the Capital Gazette.

U.S. Interior Secretary Ryan Zinke unveiled the administration’s proposal, which would open nearly all the country’s coastal waters for oil and gas drilling over a five-year period. Proponents of offshore drilling say it would create new jobs and reduce the country’s reliance on foreign oil supplies.

The first public meetings to receive input into the plan were held Tuesday, 16 January in Annapolis and Jackson, Mississippi. According to the Associated Press, the Mississippi meeting drew a small crowd due to snowy conditions.

Read the full story at Seafood Source

 

In Congress, an effort to curtail national monuments

October 18, 2017 — WASHINGTON — On Oct. 11, the House Natural Resources Committee approved a proposal from its chairman, Rep. Rob Bishop, R-Utah, to overhaul the Antiquities Act. Bishop’s “National Monument Creation and Protection Act” would severely constrain the power of the president to designate national monuments. It would limit the size of monuments a president could designate as well as the kinds of places protected.

The 1906 Antiquities Act allows a president to act swiftly to protect federal lands facing imminent threats without legislation getting bogged down in Congress. Many popular areas, including Zion, Bryce and Arches national parks in Bishop’s home state, were first protected this way.

Under Bishop’s legislation, any proposal for a monument larger than 640 acres — one square mile — would be subject to a review process: Areas up to 10,000 acres would be subject to review under the National Environmental Policy Act, while those between 10,000 and 85,000 acres would require approval from state and local government. The bill would allow emergency declarations, but they would expire after a year without Congress approval. It would also codify the president’s power to modify monuments — a power that has been contested in light of the Interior Department’s recent recommendations that President Donald Trump reduce the size of several monuments, including Bears Ears and Grand Staircase-Escalante in Utah.

Read the full story at High Country News