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Documents Released on Trump Administration Defense of National Monument Actions

July 25, 2018 — In today’s print edition, the Washington Post published an article by Juliet Eilperin on the Trump administration and national monuments. The article, based on internal documents from the Interior Department, was critical of senior officials for allegedly dismissing positive information on the benefits of national monuments.

The majority of the story focused on land-based monuments, but with regard to marine monuments, the Post reported that,“On Sept. 11, 2017, Randal Bowman, the lead staffer for the review, suggested deleting language that most fishing vessels near the Northeast Canyons and Seamounts Marine National Monument ‘generated 5% or less of their annual landings from within the monument’ because it ‘undercuts the case for the ban being harmful.’”

Saving Seafood executive director Bob Vanasse was quoted in the article noting that “‘Trump administration officials have been more open to outside input than their predecessors.’ … ‘They had a lot of meetings with our folks but didn’t listen,’ he said of Obama officials, adding even some Massachusetts Democratic lawmakers raised concerns about the New England marine monument’s fishing restrictions.”

The article suggested that Mr. Bowman, a career Interior Department employee and not a Trump administration appointee, purposefully excised information from logbook data indicating that, on the whole, most vessels fishing near the monument generate just 5 percent of their landings from within the monument.

However, there are valid reasons to be cautious about the logbook-data driven 5 percent statistic. There are more sources available to characterize fishing activity – in addition to just logbooks, formally known as “vessel trip reports”, which was the sole source cited in the email referenced in the Post story. While, as the material references states, the information comes from NOAA and the fishery management councils so it can be presumed accurate, the context is missing.

An Atlantic States Marine Fisheries Commission (ASMFC) survey identified recent (2014-2015) fishing activity within the boundaries of the National Monument that, if the Obama executive order is not reversed, will be closed to the fishery in the future. The results indicate that 12-14 percent of the offshore lobster fishery effort and 13-14 percent of revenue ($2.4-2.8 million annually) for the lobster and Jonah crab fishery comes from the area of the National Monument. This revenue is significantly higher than that derived from the vessel trip report (logbook) analysis, which is only about $0.7 million annually.

The document cited in the Post story correctly cites the $2.4-$2.8 million annual revenue in those fisheries, but it does not make clear the significant percentage of offshore revenue that comes from the monument area. Similarly, when the document cites $1.8 million from the Monument region annually (2010-2015), that includes only the $0.7 million lobster trap revenues derived from vessel trip reports, not the total indicated by the ASMFC survey for more recent years.

While it is generally accurate, if one looks at the entire fishing industry in the region, to make the statement that only a small number of vessels derive more than 5 percent of their revenue from the Monument area, for those vessels and fisheries that conduct significant portions of their operations in the monument area, the economic harm is significant.

Also, in a document attached to the story, a margin comment erroneously states that NOAA advised the Interior Department that the Marine Stewardship Council (MSC) certification for red crab was “revoked.” That is not the case. In 2009, the red crab fishery became the first MSC-certified fishery on the East Coast. The certification was never revoked. The certification expired because the participants in the fishery determined that the cost to pursue renewal of the certification exceeded the financial benefits they anticipated would arise from maintaining it, and they decided voluntarily to allow it to lapse.

Read the full Washington Post story

Read further coverage of this story from E&E News

Interior wrote proclamations scuttling ocean sites — emails

July 24, 2018 — Senior Interior Department officials prepared last fall to eliminate the Northeast Canyons and Seamounts Marine National Monument — even as they had yet to agree on the public justifications for doing so, according to newly disclosed internal documents.

Interior last week accidentally released thousands of pages of unredacted internal emails in response to Freedom of Information Act requests.

Copies of those emails, provided to E&E News by the Center for Western Priorities, detail Interior’s strategy — including a focus on timber harvesting, mineral rights, and oil and gas extraction — as it reviewed the boundaries of more than two dozen national monuments under an executive order from President Trump.

The documents also disclose internal deliberations over the future of some marine monuments, including reintroducing commercial fishing to some sites and reducing the boundaries of others.

In [a] September email, [Interior official Randy Bowman] advised that Interior strike data on commercial fishing in the [Northeast Canyons and Seamounts monument]. A deleted sentence states that four vessels in 2014-15 relied on the monument area for more than 25 percent of their annual revenues, while the majority of ships generated less than 5 percent of their revenues from the area.

“This section, while accurate (except for one sentence) seems to me to undercut the case for the commercial fishing closure being harmful. I suggest in the attached deleting most of it for that reason,” Bowman wrote.

Saving Seafood Executive Director Bob Vanasse disputed the idea that data didn’t support the repeal of the commercial fishing ban but said it instead was removed because it could be taken out of context.

“While it is generally accurate, if one looks at the entire fishing industry in the region, to make the statement that only a small number of vessels derive more than 5 percent of their revenue from the Monument area, for those vessels and fisheries that conduct significant portions of their operations in the monument area, the economic harm is significant,” Vanasse said in a statement.

He added in an interview: “The suggestion is that the administration is hiding the facts, and I don’t think that’s the case.”

Read the full story at E&E News

 

Chairman Bishop Invites Patagonia CEO to Testify Before House Natural Resources Committee

December 15, 2017 — The following was released by the House Committee on Natural Resources:

Today, House Committee on Natural Resources Chairman Rob Bishop (R-UT) sent a letter to founder and CEO of Patagonia, Yvon Chouinard, inviting him to testify before the Committee on the Antiquities Act, national monuments and federal land management.

“The committee believes that major public policy decisions involving millions of acres of public land should be discussed, debated, and considered in the light of day,” the letter states. “The committee also believes it is important to understand and allow for all perspectives to be presented fairly and respectfully…

“Over the last several months, the House Committee on Natural Resources has invited stakeholders from across the country to engage in a public conversation on these and related matters…

“As part of this continuing process, I wish to invite you to testify before the Committee about your views on federal land management.”

Click here to read the full letter.

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

Committee Passes Legislation to Require Transparency, Public Input in Antiquities Act

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

Today, the House Committee on Natural Resources passed H.R. 3990, the “National Monument Creation and Protection Act” or the “CAP Act.” Introduced by Chairman Rob Bishop (R-UT), the bill protects archeological resources while ensuring public transparency and accountability in the executive’s use of the Antiquities Act.

 “Congress never intended to give one individual the power to unilaterally seize enormous swathes of our nation’s public lands… Our problem isn’t President Obama or President Trump. It’s the underlying law – a statute that provides authority to dictate national monument decisions in secrecy and without public input. The only path to the accountability we all seek – no matter which party controls the White House – is to amend the Act itself,” Bishop stated.

“Under this new, tiered framework, no longer would we have to blindly trust the judgement or fear the whims of any president. The bill ensures a reasonable degree of consultation with local stakeholders and an open public process would be required by law. It strengthens the president’s authority to protect actual antiquities without the threat of disenfranchising people.

 “Ultimately, if enacted, it will strengthen the original intent of the law while also providing much needed accountability.”   

 Click here to view Chairman Bishop’s full opening statement.

Click here to view full markup action.

Click here for more information on H.R. 3990. 

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

NCFC Members View Interior Department Review of National Monuments As Step In the Right Direction

Responsibly and sustainably caught Atlantic red crab, harvested from the Northeast Canyons and Seamounts Monument region, and landed in New Bedford, Massachusetts, being served at Luke’s Lobster in Washington, D.C.

August 24, 2017 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities (NCFC):

This afternoon, Secretary of the Interior Ryan Zinke delivered his recommendations to President Trump on changes to existing national monuments. While the details of the Secretary’s recommendations have not been made public, the AP reported today that they pertain to a “handful” of monuments, and include boundary adjustments and restoration of public access for uses such as fishing.

In March, Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port, submitted testimony to Congress on behalf of the NCFC expressing concern over marine monuments. The mayor released the following statement in light of Secretary Zinke’s findings and recommendations today on national monuments:

“The fisheries management process under the existing Magnuson Act is far from perfect but its great strength is that it has afforded ample structured opportunities for all stakeholders to study and comment on policy decisions and for peer review of the scientific basis for those decisions. The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think the decision to step back and reassess how best to proceed on marine monument designations ought to be welcomed no matter where one stands in the current fisheries debates. We are now presented with an opportunity to integrate the monument designation process with the proven processes established under Magnuson, and that will lead to better policy and better outcomes for all stakeholders.”

Robert Vanasse, Executive Director of Saving Seafood and the NCFC, released the following statement:

“We appreciate Interior Secretary Ryan Zinke’s comments to the Associated Press regarding his report to the President on the review of national monuments created by prior administrations. We are encouraged by his statement that in certain national monuments, public access for uses including fishing would be maintained or restored. We agree with the Secretary that regions inside monuments can be protected ‘by keeping public access to traditional uses.’ The Secretary’s review has been professional, open, and transparent. The Secretary and his staff have been respectful and courteous. They have listened and paid attention to the concerns of our members whose interests were damaged by actions of previous administrations. The vitriol aimed at the Secretary and his staff, and the inaccurate mass e-mail campaigns from numerous groups who oppose a thoughtful review of these monuments has been unfortunate. We look forward to seeing the Secretary’s recommendations in full after they are reviewed by the White House, and we are hopeful for a return to the management of fisheries under the Magnuson-Stevens Act in the regions contained in these marine monuments.”

The following members of our National Coalition for Fishing Communities will comment upon the release of the Secretary’s full recommendations:

  • Atlantic Offshore Lobstermen’s Association
  • Destin Charter Boat Association
  • Fisheries Survival Fund
  • Garden State Seafood Association
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • North Carolina Fisheries Association
  • Seafreeze Shoreside
  • Southeastern Fisheries Association
  • Western Fishboat Owners Association
  • West Coast Seafood Processors Association

Zinke to AP: Boundary adjustments, restoration of uses to be included in national monument recommendations

August 24, 2017 — BILLINGS, Mont. — The following is excerpted from an Associated Press story published today:

Interior Secretary Ryan Zinke said he’s recommending that none of 27 national monuments carved from wilderness and ocean and under review by the Trump administration be eliminated.

But there would be changes to a “handful,” he said.

Zinke told The Associated Press that unspecified boundary adjustments for some monuments designated over the past four decades will be included in the recommendations he planned to give President Donald Trump on Thursday. None of the sites would revert to new ownership, he said, while public access for uses such as hunting, fishing or grazing would be maintained or restored.

“There’s an expectation we need to look out 100 years from now to keep the public land experience alive in this country,” Zinke said. “You can protect the monument by keeping public access to traditional uses.”

Read the full story at the Associated Press

WESTPAC Calls For End To Monument, Sanctuary Fishing Restrictions

June 14, 2017 — The Western Pacific Regional Fishery Management Council has requested that the federal government consider reviewing the continued need for existing monument and sanctuary fishing restrictions, given the availability of federal regulations which manage fisheries in the US Pacific Islands.

The request was made in a recent letter signed by Council Chairman Edwin A. Ebisui Jr., and Council Executive Director Kitty M. Simonds to US Secretary of Commerce, Wilbur L. Ross, with copies of the letter sent to President Trump, leaders of two federal departments, and Governors of American Samoa, Guam, and the Northern Mariana Islands.

The letter claims that the establishment of National Marine Sanctuaries and Marine National Monuments (MNM), under the National Marine Sanctuaries Act (NMSA) and the Antiquities Act, “are being hard-pressed by environmental activist groups to displace processes” under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) “that provide for the sustainable use of fishery resources while conserving vital marine resources.”

Read the full story at the Pacific Islands Report

PETER H. FLOURNOY: Benefits of Antiquities Act Don’t Extend to Marine Monuments

April 4, 2017 — The following was written by Peter H. Flournoy, a representative of the Western Fishboat Owners’ Association, in response to a March 31 op-ed in the New York Times:

I have represented U.S. commercial fishermen for about 35 years, primarily working in the Pacific Ocean. I believe the primary concern of Republicans and Democrats who oppose the Act stems from where the Antiquities Act has been used, primarily by Presidents Bush and Obama, to close large areas of the ocean on both coasts to U.S. fishermen. Sometimes the expressed rationale is to protect the ocean bottom or coral reefs in certain areas, however, too often this also ends all surface fishing, which has no contact with the ocean floor. Traditionally U.S. fisheries are managed under the Magnuson Stevens Act. The Councils formed under this statute are the entities with the fishery management expertise. When the Antiquities Act is used, they are closed out.

While it may be that the Antiquities Act should be used for land areas, for the ocean there is the Marine Sanctuaries Act, which has a very public, transparent, and inclusive process.

In your opinion piece you also frequently used the number of tourists who visit the national parks which have grown from Antiquities Act set asides. I doubt I could count more than a hundred visitors to the marine protected areas which have been established. These visitors are not your common middle class citizen that finds pleasure in taking his family to view nature’s majesty at minimum expense. The only people that can enjoy the marine sanctuaries that have been set up under the Antiquities Act are those rich enough to own cabin cruisers or dedicated sufficiently to enjoy the expensive sport of scuba diving.

I hope the next time you lecture your classes on the Antiquities Act you might mention some of the above concerns.

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