Saving Seafood

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

Study: Marine Protected Areas Won’t Matter

May 10, 2018 — New research from the University of North Carolina concludes that most marine life in marine protected areas will not be able to tolerate warming ocean temperatures caused by greenhouse gas emissions.

There are 8,236 marine protected areas around the world covering about four percent of the surface of the ocean. They have been established as a haven to protect threatened marine life, like polar bears, penguins and coral reefs, from the effects of fishing and other activities such as oil and gas extraction.

The study found that with continued “business-as-usual” emissions, the protections currently in place won’t matter, because by 2100, warming and reduced oxygen concentration will make marine protected areas uninhabitable by most species currently residing in those areas.

The study predicts that under the Intergovernmental Panel on Climate Change’s Representative Concentration Pathway 8.5 emissions scenario, better known as the “business as usual scenario,” marine protected areas will warm by 2.8 degrees Celsius (or 5 degrees Fahrenheit) by 2100. Mean sea-surface temperatures within marine protected areas are projected to increase 0.034 degrees Celsius (or 0.061 degrees Fahrenheit) per year.

Read the full story at the Maritime Executive

 

Fight over national monuments intensifies

October 16, 2017 — WASHINGTON — Conservatives have opened a new front in the fight over the future of America’s national monuments.

House Republicans are moving forward with a bill to reform a century-old conservation law, raising the stakes in their ongoing effort to curtail the president’s’ ability to set aside wide swaths of federal land as national monuments and protect them from future development.

The new legislation, from Rep. Rob Bishop (R-Utah), comes as the White House mulls reductions to several previously declared monuments. That’s an effort environmentalists consider an affront to the Antiquities Act, a law signed by conservation champion Theodore Roosevelt in 1906.

Conservatives, industry groups and Westerners have long pushed for changes to the Antiquities Act, saying presidents of both parties have abused the law, handcuffing local communities who could look to create jobs on public land. President Trump is an ally in that effort.

Environmentalists and most Democrats consider the Antiquities Act a bedrock American conservation law and have vowed to fight any effort to water it down.

The reform effort has its impetus in what conservatives consider an abuse of federal monument designation powers.

Sixteen presidents have used the Antiquities Act to lock up federal land over the last century. But President Obama used it the most often, and protected by far the most acreage — 553.6 million acres of land and sea monuments — inspiring a fresh round of legislative proposals.

Read the full story at The Hill

Bill proposes curtailing president’s power to create national monuments under Antiquities Act

October 11, 2017 — WASHINGTON — A Utah congressman has introduced a bill that he claims will restore the original intent of the Antiquities Act.

Bill sponsor U.S. Rep. Rob Bishop said the “National Monument Creation and Protection Act” aims to rid the 111-year-old law, which gives presidents the ability to set aside areas to protect their natural, cultural or scientific features, of political manipulation. If passed into law, the bill would severely cut back the president’s unilateral ability to create national monuments.

Bishop, a Republican, also serves as chairman of the House Natural Resources Committee, which is scheduled to review the bill Wednesday afternoon.

Read the full story at Seafood Source

Chairman Bishop Releases Antiquities Act Reform Legislation

WASHINGTON — October 10, 2017 — The following was released by the House Natural Resources Committee:

The Full Committee will hold a markup on Wednesday, October 11, 2017 at 4:00 PM until 6:00 PM in 1334 Longworth House Office Building, to consider H.R. 3990 (Rep. Rob Bishop of UT), the “National Monument Creation and Protection Act,” and H. Res. 555 (Rep. Raul Grijalva of AZ).

Chairman Bishop released the following statement:

“The 1906 Antiquities Act was originally intended as an executive tool to protect historical and archeological artifacts and structures under threat. Regrettably, this worthy goal has been manipulated for ulterior political purposes. Today the Act is too often used as an excuse for presidents 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 provides for accountability in the Act’s uses. It modernizes the law to restore its intent, allowing for the protection of actual antiquities without disenfranchisement of local voices and perspectives. It standardizes and limits the president’s power to reshape monuments.

“If my colleagues are serious about their calls for accountability under this Act – no matter which party controls the White House – they will support this bill.”

  • H.R. 3990 (Rep. Rob Bishop of UT), To amend title 54, United States Code, to reform the Antiquities Act of 1906, and for other purposes. “National Monument Creation and Protection Act.”
  • H. Res. 555 (Rep. Raul Grijalva), Of inquiry requesting the President and directing the Secretary of the Interior to transmit, respectively, certain documents and other information to the House of Representatives relating to the executive order on the review of designations under the Antiquities Act.
WHAT: Full Committee Markup on H.R. 3990 and H. Res. 555
WHEN: Wednesday, October 11
4:00 PM-6:00PM
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.

MASSACHUSETTS: New Bedford meeting brings wind, fishing industries together

October 5, 2017 — NEW BEDFORD, Mass. — Jim Kendall painted the city’s streets with snow when he articulated how fishermen may feel about offshore wind during a meeting Wednesday that brought both sides together.

As a child on SouthCoast, Kendall spent his snow days sledding on the streets.

“You just can’t do stuff like that anymore,” he said.

He’s seen the same influx in traffic on the ocean in his evolution from fisherman to fishermen representative for Vineyard Wind. Time has added stock limits, marine monuments and the latest is offshore wind. More traffic equates to more difficulty fishing.

“That’s part of the problem,” Kendall said. “There’s constraints now where there never were earlier.”

Both offshore wind and commercial fishing understand neither is leaving the ocean. So John Quinn chaired a New England Fisheries Management Council habitat committee meeting in New Bedford, which invited offshore wind representatives.

“My general policy view is I’m viewing wind as complementing not replacing fishing,” Quinn said. “That balance is why we’re having meetings, seminars and symposiums about it.”

Read the full story at the New Bedford Standard-Times

NCFC Members Bring Concerns of Commercial Fishermen to House Hearing on Fisheries Bills

WASHINGTON (Saving Seafood) – September 26, 2017 – Members of Saving Seafood’s National Coalition for Fishing Communities testified this morning at a hearing of the House Natural Resources Subcommittee on Water, Power and Oceans on four bills that would modify federal fisheries management.

Jon Mitchell, mayor of the nation’s top-grossing fishing port New Bedford, Massachusetts and head of the New Bedford Harbor Development Commission, and Mike Merrifield, Fish Section Chairman of the Southeastern Fisheries Association (SFA) testified on the needs of commercial fishermen and reforms they would like to see to the Magnuson-Stevens Act.

Mayor Mitchell and Mr. Merrifield were joined by several other witnesses, including Assistant Administrator for NOAA Fisheries Chris Oliver, who testified on the reauthorization of the Magnuson-Stevens Act and the possibility of allowing additional flexibility in stock rebuilding. Earlier this year, commercial fishermen from around the country united to support Mr. Oliver’s appointment to NOAA.

At this morning’s hearing, the subcommittee considered two bills to amend and reauthorize the Magnuson-Stevens Act, as well as bills that would alter recreational fisheries and red snapper management.

While Mayor Mitchell called the Magnuson-Stevens Act “generally speaking…a success story” that has helped make America’s fisheries “at once among the world’s largest and most sustainable,” he called for more flexibility in fisheries management to allow fishermen to catch their full scientifically justified quota. In particular, he criticized the ten-year rebuilding requirement for overfished stocks.

“The ten-year rule is arbitrary, and its establishment was at odds with the underlying premise of regional management,” Mayor Mitchell said. “Regional councils should have the flexibility to set rebuilding timelines for stocks under their jurisdiction based on the unique biological and ecological conditions, and by giving appropriate weight to the economic wellbeing of fishing communities.”

The mayor was also critical of the Antiquities Act, by which presidents can designate large national monuments with little or no input from scientists and local stakeholders. The Act was recently used to create and enlarge several marine monuments, including the Northeast Canyons and Seamounts Marine National Monument in New England and the Papahānaumokuākea Marine National Monument in Hawaii.

“The continued use of a parallel process outside the Magnuson-Stevens Act, however well-meaning, ultimately works against the long-term interests of all stakeholders,” Mayor Mitchell said. “We all lose when the checks and balances employed in the council process are abandoned.  A decision-making process driven by the simple assertion of executive branch authority ultimately leaves ocean management decisions permanently vulnerable to short-term political considerations.”

Mr. Merrifield voiced skepticism of efforts to shift federally managed species over to state management, saying that states manage many fisheries in such a way that recreational fishermen get most or, in some cases, all of the fish.

“SFA firmly believes there should be no reward for exceeding [annual catch limits] and that all stakeholders – commercial, for-hire and private anglers – should each be held accountable for their impacts on our nation’s fish resources,” Mr. Merrifield testified. “We must resist changes to the law that could be interpreted to remove this accountability.”

Mr. Merrifield also testified about the SFA’s strong opposition to the RED SNAPPER Act, introduced by Rep. Garret Graves of Louisiana, which would give states more authority over red snapper management.

“The justification [for this legislation] is built entirely on the misconception that anglers can only fish for red snapper for 3 days (now 39 days) in federal waters in the Gulf of Mexico,” Mr. Merrifield said. “This is a false narrative. Anglers can fish 365-days per year for red snapper and all of the other 38 species in the Gulf reef fish complex. They can only kill red snapper on 3 (or 39) of those days. To be clear, there is unlimited fishing opportunity for recreational anglers in the federal waters of the Gulf which calls into question the actual need for, and defense of, this legislation.”

Read Mayor Mitchell’s full testimony here

Read Mr. Merrifield’s full testimony here

New Bedford Standard-Times: Fishing industry may get a win from Washington

September 25, 2017 — The unexpected re-examination of the status of the Northeast Canyons and Seamounts Marine National Monument under President Trump is a welcome development for New Bedford’s commercial fisherman.

The nearly 5,000 square miles of protected waters that lie about 130 miles southeast of Cape Cod was closed off to commercial fishing last year when President Obama designated the area the first Atlantic marine national monument. The decision came despite fishing industry outcries about both the lack of public input during the process and the harm to the fishing way of life.

Several industry organizations, including the New England Fishery Management Council, rightly pointed out, at the time, that fisheries have worked with government, scientific, and environmental communities for years to create regulations and oversight procedures to protect marine resources. And that important regional stakeholders were working on an ocean management plan to preserve resources.

Most notably, fisheries have been managed for more than 40 years under the federal Magnuson-Stevens Fishery Conservation and Management Act, put in place to protect marine environments, prevent overfishing, and promote biological sustainability of marine life.

Read the full editorial at the New Bedford Standard-Times

Debate Over Opening U.S. Atlantic Marine Monument To Fishing

September 22, 2017 — A leaked memo draft indicates that current Interior Secretary Ryan Zinke is considering allowing fishing in the Northeast Canyons and Seamounts Marine National Monument.

The monument covers about 5,000 square miles off Cape Cod and it’s the first national monument in the U.S.’s Atlantic waters, designated last year by the Obama Administration.

When President Obama first created the monument, he said he was doing it in a way that “respects the fishing industry’s unique role in New England’s economy.” However many commercial fishing groups disagreed, as the monument designation banned most commercial fishing in the area, with red crab and lobster fishermen given seven additional years to fish there.

Read and listen to the full story at WBUR