Saving Seafood

Trump’s National Monument Changes Return to Spotlight

March 13, 2019 — As Democrats in Congress prepare to scrutinize President Donald Trump’s review of 27 national monuments, most of the recommendations made by ex-Interior Secretary Ryan Zinke remain unfinished as other matters consume the White House.

Trump acted quickly in December 2017 on Zinke’s recommendations to shrink two sprawling Utah monuments that had been criticized as federal government overreach by the state’s Republican leaders since their creation by Democratic Presidents Barack Obama and Bill Clinton.

But in the 15 months since Trump downsized the Utah monuments, the president has done nothing with Zinke’s proposal to shrink two more monuments, in Oregon and Nevada, and change rules at six others, including allowing commercial fishing inside three marine monuments in waters off New England, Hawaii and American Samoa.

Zinke resigned in December amid multiple ethics investigations — and has joined a Washington, D.C. lobbying firm. Trump has nominated as his replacement Acting Interior Secretary David Bernhardt, a former lobbyist for the oil and gas industry and other corporate interests.

Read the full story from the Associated Press at U.S News and World Report

Zinke backs shrinking more national monuments and shifting management of 10

December 7, 2017 — Interior Secretary Ryan Zinke on Tuesday called on President Trump to shrink a total of four national monuments and change the way six other land and marine sites are managed, a sweeping overhaul of how protected areas are maintained in the United States.

Zinke’s final report comes a day after Trump signed proclamations in Utah that downsized two massive national monuments there — Bears Ears by 85 percent and Grand Staircase-Escalante by nearly 46 percent. The president had directed Zinke in April to review 27 national monuments established since 1996 under the Antiquities Act, which gives the president broad authority to safeguard federal lands and waters under threat.

In addition to the Utah sites, Zinke supports cutting Nevada’s Gold Butte and Oregon’s Cascade-Siskiyou, though the exact reductions are still being determined. He also would revise the proclamations for those and the others to clarify that certain activities are allowed.

The additional monuments affected include Northeast Canyons and Seamounts in the Atlantic Ocean; both Rose Atoll and the Pacific Remote Islands in the Pacific Ocean; New Mexico’s Organ Mountains-Desert Peaks and Rio Grande Del Norte, and Maine’s Katahdin Woods and Waters.

Read the full story at the Washington Post

 

Wall Street Journal: The Right Move on Monuments

December 5, 2017 — President Trump announced Monday that he will dramatically reduce the acreage of two national monuments. The order ends excessive federal control of Utah land, allowing residents to protect their own territory and conserve their cultural relics.

Congress passed the Antiquities Act in 1906 to give Presidents emergency authority to prevent the looting and destruction of national treasures. The law said designated monuments should be limited to “the smallest area compatible with proper care and management of the objects,” but Bill Clinton and Barack Obama misapplied this power to carry out a Washington land grab.

Without public comment, the federal government unilaterally seized control of more than 3.2 million acres of southeastern Utah that together constitute the Grand Staircase-Escalante and Bears Ears national monuments. Residents and their elected representatives had minimal influence on the draconian land-use restrictions imposed by Washington bureaucrats. In September, Interior Secretary Ryan Zinke described how the Antiquities Act had been abused “to prevent public access and to prevent public use” of land, harming everyone from cattlemen to cross-country skiers.

Read the full editorial at the Wall Street Journal

Trump shrinks two huge national monuments in Utah, drawing praise and protests

December 4, 2017 — SALT LAKE CITY — President Trump on Monday drastically scaled back two national monuments established in Utah by his Democratic predecessors, the largest reduction of public lands protection in U.S. history.

Trump’s move to shrink the Bears Ears and Grand Staircase-Escalante national monuments by more than 1.1 million acres and more than 800,000 acres, respectively, immediately sparked an outpouring of praise from conservative lawmakers as well as activists’ protests outside the White House and in Utah. It also plunges the Trump administration into uncharted legal territory since no president has sought to modify monuments established under the 1906 Antiquities Act in more than half a century.

His decision removes about 85 percent of the designation of Bears Ears and nearly 46 percent of that for Grand Staircase-Escalante, land that potentially could now be leased for energy exploration or opened for specific activities such as motorized vehicle use.

Trump told a rally in Salt Lake City that he came to “reverse federal overreach” and took dramatic action “because some people think that the natural resources of Utah should be controlled by a small handful of very distant bureaucrats located in Washington. And guess what? They’re wrong.”

“They don’t know your land, and truly, they don’t care for your land like you do,” he added. “But from now on, that won’t matter.”

Conservatives have long sought to curb a president’s unilateral power to safeguard federal lands and waters under the law, a practice that both Democrats and Republicans have pursued since it was enacted under Theodore Roosevelt. The issue has been a particular flash point in the West, where some local residents feel the federal government already imposes too many restrictions on development and others, including tribal officials, feel greater protections of ancient sites are needed.

Even before Trump made the announcement as part of a day trip to the state, National Cattlemen’s Beef Association Craig Uden was hailing the resized designations. While grazing has continued on both monuments, as well as on others, Uden said ranchers could not have greater input into how they are managed.

“We are grateful that today’s action will allow ranchers to resume their role as responsible stewards of the land and drivers of rural economies,” he said.

Read the full story at the Washington Post

President Trump’s Monument Rightsizing: Myth vs. Fact

December 4, 2017 — The following was released by the House Committee on Natural Resources Chairman Rob Bishop:

Panic is gripping the Left. The President of the United States apparently has the audacity to enforce the Antiquities Act as it is written: he dares to confine monuments “to the smallest area compatible with proper care and management of the objects to be protected.”

President Trump has rightsized Bears Ears (BENM) and Grand Staircase-Escalante National Monuments, and now special interest groups will again attempt to lie, distort and, misrepresent their way to another ill-gotten political victory at the expense of local communities.

Here’s what they’ll say, and here’s why they’re wrong.

MYTH:  The President’s actions are illegal.

  • FACT: False. Propagators of this particular myth put themselves in the absurd position of claiming that one unilateral presidential action can bind every successor in perpetuity. If this seems more reminiscent of an autocracy than a constitutional democracy responsive to the demands of the people, that’s because it is. Not only canpresidents scale back monuments, they have done so on at least 18 other occasions. Two examples: President Taft reduced his own monument by 89% and Woodrow Wilson shrank Teddy Roosevelt’s by 50%.

MYTH: The President’s actions are unpopular.

  • FACT: Mischaracterization. Unpopular with whom? While many people, separated from the consequences, may support the monuments, the affected communities have been staunchly opposed to excessively large designations. For example in BENM, the San Juan County Commission, the state legislature, the local chapter of the Navajo Nation, the Governor, and every member of the state’s congressional delegation fought the original designation tooth and nail.

MYTH: The President’s actions represent another broken promise to tribes.

  • FACT: Wrong. It’s important to note that tribal support for the monument was not unanimous. Regardless, the original BENM proclamation did not bestow legal co-management, nor did it ever have the authority to do so. The council created by Obama’s designation had only an advisory role and no official decision-making power. Congress will act to provide legally enforceable tribal co-management.

MYTH: The President’s actions are an attack on our country’s treasured national parks.

  • FACT: Not true. Attempts to blur the distinctions between national monuments and national parks are fear-mongering lies. No national parks were under review and no national parks were reduced. National monuments and parks are unrelated classifications.

MYTH: The President’s actions will hurt local economies.

  • FACT: Incorrect. Most monuments, which are created without congressional consultation, lack the infrastructure to support public access and a robust tourism economy, while simultaneously stifling traditional economic uses. The Grand Staircase national monument designation, for example, resulted in a $9M loss to the local economy, according to a study conducted by Utah State University.

MYTH: The President’s actions are a boondoggle for the oil and gas industry.

  • FACT: Wrong. The land in question remains in federal ownership and subject to the same rigorous environmental reviews all such land undergoes. In any case, there really aren’t economically recoverable oil and gas resources in BENM. Framing this debate as energy vs. protection may be a useful cudgel for litigation activists, but that doesn’t make it accurate.

MYTH: The President’s actions will harm conservation in the area.

  • FACT: Way off. The Antiquities Act was never meant to be a landscape conservation tool. It was designed to protect antiquities. President Trump’s proclamation maintains protections for bona fide antiquities while respecting traditional land uses. These communities, more attached to the land than anyone, have been maintaining the land for generations.

MYTH: The President’s actions will leave antiquities and resources without any protections.

FACT: Nope. Everyone is concerned about looting and desecration of antiquities or sensitive areas. Here’s a novel idea: rather than focusing exclusively on these particular lands, what if we protected all antiquities on federal lands? Great idea, right? In fact, Congress has already done just that. In 1979 Congress passed the Archaeological Resources Protection of Act (ARPA). ARPA gave the federal government the power to impose severe fines and even imprisonment for looting. It protects ALL federal lands, with or without monument designation.

Learn more about the House Committee on Natural Resources by visiting their site here.

 

Bishop Statement on President Trump Protecting Antiquities in Utah, Addressing Past Executive Abuse

December 4, 2017 — WASHINGTON — The following was released by the House Committee on Natural Resources: 

House Committee on Natural Resources Chairman Rob Bishop (R-UT) issued the following statement:

“I applaud President Trump for recognizing the limitations of the law. Americans of all political stripes should commend him for reversing prior administrations’ abuses of the Antiquities Act and instead exercising his powers within the scope of authority granted by Congress.

“These new proclamations are a first step towards protecting identified antiquities without disenfranchising the local people who work and manage these areas. The next steps will be to move beyond symbolic gestures of protection and create substantive protections and enforcement and codify in law a meaningful management role for local governments, tribes and other stakeholders.”

REMINDER:

 Tomorrow, at 11:00 AM EST, Chairman Rob Bishop (R-UT), Rep. Chris Stewart (R-UT) and Rep. John Curtis (R-UT) will host a Pen & Pad to discuss President Trump’s visit to Utah and the introduction of related legislation. For reporters outside of Washington, D.C. there will be a call in number. In order to join in person or via phone, you must RSVP.

WHAT: Pen & Pad with Chairman Bishop, Reps. Stewart and Curtis
WHEN: Tuesday, December 5
11:00 AM EST
WHERE:

 

CALL:

 TBD

 

Number: 1-888-998-7893

Passcode: PROTECTION

 

To RSVP, please contact Katie Schoettler at katie.schoettler@mail.house.gov.

 

Rep. Rob Bishop: Restore the Antiquities Act’s noble vision

October 11, 2017 — In a Tuesday op-ed, I explained the constitutional threat posed by the Antiquities Act, and why its repeated abuse is inconsistent with the constitutional pillars of the rule of law and checks and balances. As it turns out, there’s a reason the Founders chose these principles as the basis of our government: arbitrary rule has no incentive to be accountable to the people that policies affect. Without that accountability, political and ideological manipulation corrodes the balance of power.

Some of the most egregious abuses – the use of the Antiquities Act as a political weapon – happened under President Bill Clinton’s administration.

In 1996, prior to the designation of the Grand Staircase Escalante National Monument in Utah, Clinton’s then-Chair of the Council on Environmental Quality Katie McGinty stated the following, “I’m increasingly of the view that we should just drop these utah [sic] ideas. we [sic] do not really know how the enviros will react and I do think there is a danger of ‘abuse’ of the withdraw/antiquities authorities especially because these lands are not really endangered.”

Could there be any clearer statement of the prioritization of political ideology over the will of people?

The monument was designated in the waning months of Clinton’s re-election campaign. Its total acreage: 1.7 million — three times the size of Rhode Island. No town halls, no public meetings, and no public comment sessions were ever held in Utah. No input was solicited from local stakeholders or land managers in the area. Utah’s governor, congressional delegation, public officials, and residents from across the state all expressed outrage at the lack of prior consultation or warning of the designation. In what feels like symbolism, the proclamation wasn’t even signed in Utah; it was signed in Arizona.

Read the full op-ed at the Washington Examiner

NCFC Member Grant Moore Joins Sen. Lee, Chairman Bishop on Antiquities Act Panel in Washington

WASHINGTON (Saving Seafood) – October 4, 2017 – Grant Moore, president of NCFC member the Atlantic Offshore Lobstermen’s Association, joined Utah Senator Mike Lee and House Natural Resources Chairman Rob Bishop in a Heritage Foundation panel today on Capitol Hill to discuss national monuments and the Antiquities Act.

At the panel, “National Monuments and the Communities They Impact: Views Beyond the Beltway,” Mr. Moore criticized last year’s designation of the Northeast Canyons and Seamounts Marine National Monument by President Barack Obama, which he said lacked sufficient industry input and public deliberation. The monument designation affects fisheries worth more than $100 million, he said.

“We’re not opposed to monuments,” Mr. Moore said. “We’re opposed to the process in which it was done. It was not transparent. It was not open. If we hadn’t stumbled upon what was happening, we would have had a signature and we wouldn’t have had a say at all.”

Mr. Moore complimented Chairman Bishop for meeting with fishermen and listening to their story in a visit to New Bedford, Mass., last year arranged by Saving Seafood’s National Coalition for Fishing Communities. He also praised another meeting organized by the NCFC earlier this year in which Interior Secretary Ryan Zinke met with fishermen in Boston as part of his review of national monuments.

Secretary Zinke has reportedly recommended to President Donald Trump that commercial fishing be allowed in the Northeast Canyons and Seamounts Monument. The Atlantic Offshore Lobstermen’s Association, based in Newport, R.I., was one of eleven NCFC member organizations that publicly voiced its support for the Secretary’s reported recommendations. At today’s panel, Mr. Moore praised these recommendations, but called them a “Band Aid” that would not prevent the Antiquities Act from being misused to create large national monuments in the future.

“We need to reform the Antiquities Act so it’s not abused,” Mr. Moore said. “Nobody should have the power with the stroke of a pen to put people out of business. Nobody. It has to go through a public process.”

In his remarks, Senator Lee also called for changes to the Antiquities Act. “What’s needed is a wholesale reform of the Antiquities Act to return its monumental power back to where it belongs – to the people who reside closest to the proposed monuments,” he said. “Local residents must have ultimate say over whether their communities can be upended in this way.”

Chairman Bishop discussed the original intent of the Antiquities Act to save endangered antiquities while leaving the smallest footprint possible. But with national monuments now frequently encompassing hundreds of millions of acres, he argued that they are no longer leaving the smallest footprint possible.

“What started as something noble and grand turned into something far different, far less, and it is time now to reform it and make it useful again,” Chairman Bishop said. “The Antiquities Act desperately needs some kind of reform because it is being abused today.”

Watch the full panel here

Eagle-Tribune: Outdated Antiquities Act needs revisions

August 28, 2017 — The announcement last week that Interior Secretary Ryan Zinke had wrapped up his review of 27 recently established national monuments did little to lessen the controversy surrounding their status. Zinke’s unwillingness to be transparent about his review and its results all but guarantees a legal quagmire.

While most of the attention has been focused on Utah and the newly created Bears Ears National Monument, there are also high stakes in New England, where fishermen, boaters and environmentalists are waiting to see how the Trump administration views the Northeast Canyons and Seamounts Marine Monument.

All sides are already threatening lawsuits, so no matter the outcome, the issue will likely not be settled for years.

“The fate of these treasures shouldn’t be left hanging in the balance,” Peter Shelley, senior counsel for the Conservation Law Foundation, said in a statement last week. “Some 3 million people — more than 98 percent of the commenters — voiced their support for keeping our national monuments intact. Submitting recommendations that defy the will of the American people and then withholding these recommendations from the public is utterly unacceptable. The president has no legal authority to alter national monuments, and we will take him to court if he tries.”

If anything, the debate over Canyons and Seamounts shows the need for Congress to update the outdated Antiquities Act, which allows presidential administrations to designate and reshape national monuments with little or no oversight.

Read the full editorial at the Eagle-Tribune

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