Saving Seafood

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

 

National marine monument suit moves forward

March 22, 2018 — President Barack Obama is long gone from office, but the legal fight lives on against his use of the Antiquities Act to create the Northeast Canyons and Seamounts National Monument off the coast of southern New England.

A federal judge in Washington D.C. has lifted a 10-month stay on the lawsuit filed against the federal government by fishing stakeholders — including the Massachusetts Lobstermen’s Association — seeking to roll back recent uses of the Antiquities Act and block using the statute to create new national marine monuments in the future.

The order lifting the stay by U.S. District Court Judge James E. Boasberg, who granted the stay at the request of the federal defendants last May 12, will allow the lawsuit to continue.

The lifting of the stay was greeted warmly by fishing stakeholders.

“We’re optimistically excited about the prospect of moving forward so the fishing industry can regain fishing grounds it’s lost without fear of being evicted again,” Beth Casoni, executive director of the Masssachusetts Lobstermen’s Association said Wednesday.

Also, according to one of the lawyers for fishing stakeholders, the lifting of the stay places the Trump administration in a position where it either must act on recommendations from Interior Secretary Ryan Zinke to reopen the area of the Northeast Canyons and Seamounts Monument to commercial fishing or defend Obama’s decision in court.

Read the full story at the Gloucester Times

 

Opposition to offshore drilling hardening in Massachusetts

March 19, 2018 — BOSTON — Opposition to a Trump administration proposal to allow oil and gas drilling in coastal waters, including those off the Atlantic coast of Massachusetts, continues to grow on Beacon Hill.

Just this week, Massachusetts Attorney General Maura Healey announced she’s considering taking legal action against the administration to protect “the people, economy and natural resources of Massachusetts from the grave risks posed by unprecedented oil and gas leasing.”

“Despite concerns from the fishing industry, clean energy developers, marine scientists and thousands of residents up and down the coast that depend on a healthy ocean, this administration has repeatedly ignored the serious economic and environmental risks of offshore drilling,” Healey said as she filed comments with the U.S. Bureau of Ocean Energy Management opposing the plan.

Healey isn’t alone.

Fellow Democratic attorneys general from a dozen coastal states, including neighboring Rhode Island and Connecticut, have also written Interior Secretary Ryan Zinke protesting the drilling plan.

Other critics include Republican Gov. Charlie Baker, Democratic U.S. Sen. Edward Markey and the state’s entire Democratic congressional delegation as well as members of the fishing and tourism industries and environmental groups.

Zinke continues to defend the plan, which faces fierce opposition in states along the entire West Coast and much of the East Coast. Florida was dropped from the plan after the state’s Republican governor and lawmakers pointed to risks to the state’s tourism business.

Read the full story from the Associated Press at the Boston Globe

 

MASSACHUSETTS: AG Healey pledges to fight Trump offshore drilling plan along coast

March 14, 2018 — BOSTON — Attorney General Maura Healey on Monday vowed to fight federal plans to open the Massachusetts coastline to offshore oil and gas drilling.

“Massachusetts does not want drilling off our coast and I will fight this proposal to defend our state and our residents,” said Healey in a statement. “Of all the bad environmental ideas the Trump administration has proposed, this one may take the cake.”

President Donald Trump and Department of Interior Secretary Ryan Zinke in January announced a plan to offer federal energy leases in most of the nation’s offshore waters, including the North Atlantic planning region stretching from Maine to New Jersey.

The BOEM proposes two such leases within the North Atlantic Outer Continental Shelf, starting in 2021 and 2023.

Healey filed formal comments with the U.S. Bureau of Ocean Energy Management on Friday. She argued that aside from the risk of oil spills, drilling would conflict with state and federal imperatives to reduce carbon emissions. She said the exploration and extraction is not needed to meet America’s energy needs. Healey said she would consider a legal challenge if necessary.

Read the full story at MassLive

 

MASSACHUSETTS: Gloucester again at center of drilling fight

March 8, 2018 — GLOUCESTER, Mass. — In the late-1970s, an unlikely alliance between environmentalists and commercial fishermen in this storied seaport helped block plans to open up Georges Bank to oil exploration — an effort that ultimately led to a federal moratorium on offshore drilling.

Georges Bank, a shallow and turbulent fish spawning ground southeast of Cape Ann and 100 miles east of Cape Cod, has been fished for more than 350 years. It is once again the center of a battle over drilling, this time stemming from President Donald Trump’s plan to allow private oil and gas companies to work in federal waters.

And, once again, Gloucester is poised to play an oversized role in opposing the efforts.

“It was a stupid idea back then, and it’s a stupid idea now,” said Peter Shelley, a senior attorney with the Conservation Law Foundation, which teamed up with Gloucester fisherman to fight the proposal more than three decades ago. “But yet here we are, fighting it once again. It’s ridiculous.”

The Trump administration says existing federal policy keeps 94 percent of the outer continental shelf off-limits to drilling. A five-year plan announced by Interior Secretary Ryan Zinke last year would open at least 90 percent of that area beyond state waters to development by private companies.

Read the full story at the Gloucester Times

 

Massachusetts: Trump’s offshore drilling plan panned at hearing

March 1, 2018 — Opponents of offshore drilling on Tuesday blasted President Donald Trump’s proposal to open up the New England coast to oil and gas exploration, saying the plan threatens the state’s fishing industry, coastal economies, public health and delicate marine life.

Officials from the Bureau of Ocean Energy Management held a informational event about Trump’s plans in the Sheraton Hotel in Boston on Tuesday, but they only took written testimony from the public. They set up booths with experts to answer questions and a broadcast a video with information about the proposal.

Opponents staged a protest in another function room. Some wore lobster and shark costumes. Others held signs that read “Drilling is Killing.” A giant inflatable whale was displayed.

“Opening up our coast to offshore drilling would be terrible for Massachusetts,” Emily Norton, chapter director of the Massachusetts Sierra Club, told a packed room of opponents. “We will be fighting this with everything we’ve got, in the courts, on the streets and at the ballot box.”

Democratic attorneys general from a dozen coastal states — including Massachusetts Attorney General Maura Healey — have written Interior Secretary Ryan Zinke protesting the drilling plan. Tuesday’s hearing was one of dozens scheduled across the country through the end of March.

Democratic governors along both coasts unanimously oppose drilling, as do a number of Republican governors, including Massachusetts Gov. Charles Baker. Baker is scheduled to meet with Zinke on Sunday to discuss offshore drilling while he’s in Washington for the National Governors Association’s winter meeting.

Baker wrote to Zinke last year expressing concerns about the impact of oil exploration along the outer continental shelf on the state’s fishing industry and marine resources and ecosystems. He also noted the state’s efforts to reduce greenhouse gas emissions and develop offshore wind resources.

Read the full story at the Gloucester Times

 

Gov. Charlie Baker, Massachusetts congressional delegation asks Trump administration to scrap offshore drilling plan

March 1, 2018 — Massachusetts Gov. Charlie Baker and all 11 members of the state’s congressional delegation urged the Trump administration this week to back away from its plan to open new areas off the United States’ East Coast to oil and gas drilling.

Baker, a Republican, joined Massachusetts congressional Democrats in calling on Interior Secretary Ryan Zinke to not include Massachusetts waters in the administration’s five-year drilling plan, which seeks to open areas from Florida to Maine for oil and gas exploration purposes, in a Tuesday letter.

Noting that the North Atlantic has largely not been eligible for oil and gas drilling for more than 30 years, Baker and Massachusetts congressional lawmakers said they “unequivocally” oppose efforts to open the area up for such exploration, as proposed in the administration’s National Outer Continental Shelf Oil and Gas Leasing program for 2019 to 2024.

The lawmakers stressed that the Outer Continental Shelf’s resources and uses “are critically important to the health and well-being of Massachusetts;” support local, state and national economies; and “are intrinsic to the social fabric and heritage of our coastal communities.”

Baker and the Massachusetts congressional delegation offered, for example, that the state’s marine economy generated a total economic impact of more than $17.3 billion in output in 2015. That included revenue from tourism, marine trades and the fishing and seafood sectors, the lawmakers said.

The Port of New Bedford, they added, “continues to be the number one port in the U.S. for landings value, while Massachusetts ranks third in the nation for fisheries landings values and fifth for volume.”

Beyond the economic impact, Baker and Massachusetts lawmakers argued that the waters of the state’s coast are a vital habitat for endangered marine species and have significant potential for sustainable renewable energy, like wind power.

Read the full story at MassLive

 

Don’t expect oil drilling off Jersey Shore, Trump official tells N.J. Republicans

February 28, 2018 — WASHINGTON — Don’t expect to see oil rigs off the Jersey Shore.

That was the message the state’s Republican lawmakers walked away with following a meeting Tuesday with Interior Secretary Ryan Zinke.

“If it’s not off the table, it will soon be off the table,” said Rep. Chris Smith, R-4th Dist., one of four GOP representatives from the state who joined other Atlantic Coast lawmakers and Zinke at the U.S. Capitol.

President Donald Trump, overturning a five-year plan that excluded the Atlantic Coast until at least 2022, proposed opening almost the entire continental shelf to oil drilling.

Zinke plans more meetings with state officials on proposal, the Bureau of Ocean Energy Management has planned 23 public meetings, and those who cannot attend a session can comment at www.regulations.gov by submitted by March 9, Interior Department spokeswoman Heather Swift said.

Rep. Frank LoBiondo, R-2nd Dist., said Zinke acknowledged that the area off the coast off New Jersey met none of the criteria for opening the area to oil drilling.

Read the full story at NJ.com

 

Rhode Island: Ocean State Officials Pledge to Halt Offshore Drilling

February 13, 2018 — NARRAGANSETT, R.I. — Rhode Island’s governor and members of Congress are calling for an all-out effort to oppose President Trump’s plan for offshore drilling along the Eastern seaboard. They warned of the environmental and economic risks to the state’s fishing and tourism industries. They urged the public to submit comments on the proposal to the Bureau of Ocean Management (BOEM) and to show their opposition at a scheduled Feb. 28 public workshop in Providence.

Referencing the six commercial fishermen in the audience at at Feb. 12 press event, Sen. Sheldon Whitehouse, D-R.I., said he planned to advance a bill signed by all New England senators to ban offshore drilling off the New England coast. Whitehouse called the offshore drilling proposal a “dumb idea” and blamed the fossil-fuel industry for directing the Trump administration to enact it.

“This will not happen. Whatever it takes to prevent it, we will see takes place,” Whitehouse said.

Gov. Gina Raimondo promised to lobby governors of coastal states to pass resolutions opposing the offshore drilling plan.

“This is backwards. We ought to be moving forward for offshore wind farms, not backwards for offshore oil drilling,” she said.

Raimondo also restated her intent to have Interior Secretary Ryan Zinke follow through on his promise to meet her in Rhode Island and discuss the fossil-fuel project. Several East Coast governors called Zinke after he met with Florida Gov. Rick Scott. Scott apparently convinced Zinke to exempt his state from the offshore drilling plan. Although there is skepticism of the agreement after Zinke’s office backtracked somewhat on that promise and legal questions of such an exemption surfaced.

Whitehouse and Raimondo were asked whether a state or regional carbon tax would put economic pressure on Trump and the fossil-fuel industry. Both said they favor a national or multi-state fee on fossil fuels. However, Whitehouse said his carbon tax bill in the Senate won’t advance until the head of the Senate is a Democrat.

“The Republicans are keenly interested in trying to shovel this issue under the rug as much as they can to keep the fossil-fuel money flowing into their party. It’s a sad state of affairs,” Whitehouse said.

Raimondo said she favors advancing a carbon tax along with public pushback to offshore drilling.

Read the full story at ECORI

 

R.I.’s governor urges opposition to Atlantic offshore drilling plan

February 9, 2018 — Gov. Gina Raimondo is urging Rhode Islanders to speak up against a federal plan that would open waters off the state’s coast to drilling for oil and gas.

In an interview in her State House office, she said the Trump administration’s plan to overturn an Obama-era ban on offshore drilling along the nation’s East Coast poses a threat to Rhode Island’s commercial fishing industry and the beaches along the state’s 400 miles of coastline.

Raimondo said she requested the meeting with The Providence Journal to raise public awareness about the drilling plan. It was the first time in her tenure as governor that she has asked for such a meeting in regard to an environmental issue.

“I find the whole thing to be really quite alarming,” she said. “This might happen if we don’t oppose it loudly enough.”

In January 1996, the barge North Cape spilled 828,000 gallons of home heating oil off Moonstone Beach in South Kingstown, killing thousands of shore birds and millions of lobsters.

It is considered one of the worst environmental disasters in Rhode Island history, but the size of the spill was relatively small. The Exxon Valdez spill in 1989 in Alaska totaled 11 million gallons of crude while the 2010 Deepwater Horizon spill may have released up to 20 times that amount into the Gulf of Mexico.

“The greatest concern would be an oil spill,” Raimondo said. “I was in high school when Exxon Valdez happened so I still remember that very vividly. The BP oil spill seems like it was yesterday. That could happen here. I think Rhode Islanders need to know that.”

The Bureau of Ocean Energy Management estimates 90 billion barrels of undiscovered, technically-recoverable oil on the nation’s Outer Continental Shelf and 327 trillion cubic feet of natural gas. Less than a tenth of the total potential resources are on the Atlantic coast.

The proposal released by the Department of the Interior in January would take effect from 2019 to 2024. Lease sales for the North Atlantic region would take place in 2021.

Read the full story at the Providence Journal