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

September 22, 2017 โ€” 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 itโ€™s the first national monument in the U.S.โ€™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 โ€œrespects the fishing industryโ€™s unique role in New Englandโ€™s economy.โ€ 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

Trump Plan to Open Up Monuments Draws Industry Praise, Environmentalistsโ€™ Ire

Interior Secretary Ryan Zinke is also moving to expand fishing, hunting at national monuments

September 21, 2017 โ€” More than 100 miles off Cape Cod, a patch of the Atlantic Ocean conceals four undersea mountains, three canyons deeper than the Grand Canyon, and serves as a refuge for the worldโ€™s most endangered sea turtle.

It also supports a buffet of tuna and swordfish vital to the livelihood of New Jersey fisherman Dan Mears, whose lines have been banned from the zone since former President Barack Obama designated the area as the Atlanticโ€™s first federal marine preserve last year.

But the Northeast Canyons and Seamounts could reopen to commercial fishing if President Donald Trump enacts the recent recommendations of his Interior Secretary to reduce protections of land and sea preserves known as national monuments.

โ€œI couldnโ€™t believe it when they cut that off,โ€ said Mr. Mears, 58, of Barnegat Light, N.J., who owns the 70-foot fishing vessel Monica, and estimates he lost about one third of his catch after the area was closed to him and other types of commercial fishing last year. โ€œItโ€™s going to be huge if we can get that back.โ€

Interior Secretary Ryan Zinke, whose department manages federal lands, is making major moves to open up protected swaths of land and ocean to industry, recreational hunting, shooting and fishing.

In Hawaii, Mr. Zinkeโ€™s recommendation to allow fishing in the Remote Pacific islands about 300 miles south of the Hawaiian Islands could increase the catch there by about 4%, said Sean Martin, president of the Hawaii Longline Association.

โ€œThat may not sound like much, but if you cut your salary by 3% or 4% itโ€™s a big deal to you,โ€ Mr. Martin said. โ€œCertainly this will have economic importance to us.โ€

Read the full story at the Wall Street Journal

Marine monument may be opened to fishing under Trump

September 19, 2017 โ€” US Interior Secretary Ryan Zinke has recommended that President Trump make significant changes to 10 national monuments, including proposals to allow commercial fishing in a protected expanse off Cape Cod and to open woodlands in Northern Maine to โ€œactive timber management.โ€

Zinkeโ€™s recommendations, first reported by the Washington Post, could have significant consequences for New England. Allowing commercial fishing in the Northeast Canyons and Seamounts Marine National Monument, which encompasses nearly 5,000 square miles, would undermine the main goals of the controversial preserve, environmental advocates said.

Opponents of the marine monument, which includes most of the commercial fishing industry, hailed the recommendations. They have argued the area was protected with insufficient input from their industry.

โ€œThe Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,โ€ said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I. โ€œBut the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades.โ€

Grant Moore, president of the Atlantic Offshore Lobstermenโ€™s Association, added: โ€œThere seems to be a huge misconception that there are limitless areas where displaced fishermen can go. Basically, with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.โ€

Read the full story at the Boston Globe

Trump administration nears decision that sets stage for offshore drilling in the Atlantic

September 11, 2017 โ€” Environmental groups are bracing for the Trump administration to approve controversial testing along the Eastern seaboard that would mark a significant step toward offshore drilling in waters off the coast of Florida all the way north to the Delaware Bay.

Five geophysical survey companies are seeking federal permission to shoot pressurized air blasts into the ocean every 10 to 12 seconds around the clock for weeks and months at a time, seeking fossil fuel deposits beneath the Atlantic Ocean floor.

The testing, which would cover 330,000 square miles of ocean, faces fierce opposition from environmental groups and local officials due to the possible economic and environmental effects.

Because the underwater blasts are louder than a Saturn V rocket launch and can be heard by monitoring devices more than 2,500 miles away, scientists fear long-term exposure to the noise could cause hearing loss and impair breeding, feeding, foraging and communication activity among dolphins, endangered whales, other marine mammals and sea turtles.

Some worry the blasts could cause mother whales and their calves to become separated. Commercial and recreational fisheries could also be affected if fish change their breeding and spawning habits to avoid the noise. Others fear disoriented marine life could collide with the vessels that tug the air guns or become entangled in their lines. Oceana, an international conservation group, estimates that 138,000 marine mammals could be injured in the testing process.

Seventy-five marine scientists asked the Obama administration in 2015 to reject seismic air gun testing in the Atlantic because of these threats. Twenty-eight marine biologists did the same in 2016 over concerns that testing would harm the estimated 500 endangered North Atlantic right whales.

โ€œThatโ€™s the species we are most concerned about,โ€ said Doug Nowacek, associate professor of conservation technology at the Duke University Marine Laboratory in Beaufort, North Carolina. โ€œThey are in decline. They live coastally along the U.S. They were hunted (by whalers) and they were slowly recovering. And now theyโ€™re starting to decline again.โ€

Read the full story from the McClatchy Company at the Miami Herald

The ESA Litigation Cartel

Americans Become Less Litigious as Frivolous ESA Litigation Quintuples

August 29, 2017 โ€” The following was released by The Scope, a newsletter by the House Committee on Natural Resources:

According to recent polling from Public Opinion Strategies, 87% of voters agree that there are too many lawsuits filed in America. In fact, โ€œAmericans, reputed to be the most litigious people in the world, are filing far fewer lawsuits.โ€ However, despite these developments, suits from fringe elements of the national environmental lobby are growing more rampant.

Hereโ€™s the good news: in 1993, 10 out of every 1,000 Americans filed a tort lawsuit. In 2015, that number declined to 2 out of 1,000 Americans filing suit. By contrast, environmental litigation, especially cases filed under the Endangered Species Act (ESA), has experienced a sustained spike.

ESA has been abused by a small group of deep-pocketed special interest litigants to enforce their own policy preferences and to line the pockets of their attorneys and organizations. The ESA imposes no cap on attorneysโ€™ fee awards that these special interest plaintiffs can recover from the federal government. The absence of such a cap was originally designed to ease the financial burden on citizens protecting themselves against federal actions. But when wealthy ideological groups repeatedly abuse the law in order to enrich themselves with taxpayersโ€™ money, where do we draw the line?

As the Committee continues its work to improve and modernize the ESA, itโ€™s a question worth asking.

Curtailing Species Recovery

ESA Litigation Cartel Fact #1: Two litigious environmental groups alone โ€“ WildEarth Guardians and Center for Biological Diversity โ€“ have filed over 1,500 lawsuits since 1990. Thatโ€™s one new paralyzing lawsuit filed roughly every week over the past three decades from just two so-called โ€œenvironmentalโ€ organizations.

Outcome: Valuable taxpayer resources are drained from actual species recovery โ€“ the very purpose of the ESA in the first place โ€“ to line the pockets of a few large-scale litigants.

Drowning Resources from the Fish and Wildlife Service (FWS) 

ESA Litigation Cartel Fact #2: ESA-related sue-and-settle agreements quintupled during the Obama administration compared to previous administrations. In 2011, as part of a โ€œmega-settlementโ€ with the same two environmental groups, the FWS agreed to review over 250 species as well as actions impacting 1,053 species without public review or state input.

Outcome: Consequently, FWS devoted nearly all of its species petition and listing budget to comply with lawsuits, siphoning valuable taxpayer resources away from actual species recovery.

Costing the Taxpayer Millions

ESA Litigation Cartel Fact #3: Federal agencies have paid out $30 million for ESA-related litigation since 2009, and the Department of the Interior alone has shelled out $14 million on ESA-related attorneyโ€™s fees in the same time frame.

Outcome: Between 2009 and 2012, โ€œsue and settleโ€ agreements between environmental groups and the federal government resulted in over 100 new regulations with more than $100 million in annual compliance costs and โ€“ once again โ€“ more resources shifting away from actual species recovery.

MASSACHUSETTS: Lt. Gov Polito: Monument Should โ€˜Support Fishing Industryโ€™

August 28, 2017 โ€” FALL RIVER, Mass. โ€” Even though she was visiting the city for a ribbon cutting ceremony at a new UMASS Dartmouth facility, Lieutenant Governor of Massachusetts Karyn Polito couldnโ€™t escape questions surrounding the fishing monument controversy.

The Seamountโ€™s Marine Monument was designated as a national monument by former President Barack Obama in 2016 along with 27 others nationwide. The monument status placed on the roughly 4,900 square mile fishing area south of Cape Cod restricts any commercial activity within it, including fishing.

The designation of this area as a Monument Status is to prevent offshore drilling for oil off the coast of Massachusetts. This prevents any and all commercial activity in that designated area for any reason, leaving a considerable effect on the fishing industry in the south coast of the state.

Secretary of the Interior Ryan Zinke announced on Thursday that he completed his review of the 27 monuments. Zinke says that none of the 27 national monuments will be rescinded under the Trump administration, but suggested the possibility of changing the borders to a handful of monuments, none of which were specified.

Read the full story at WBSM

Monuments Review Spurs Call to Overhaul Antiquities Act

Interior Department does not recommend overturning any designations

August 28, 2017 โ€” The Interior Departmentโ€™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 โ€œreasonable limitsโ€ on the way presidents use the statute. Bishopโ€™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.

โ€œIf we donโ€™t reform the Antiquities Act, we will have a replication of failures,โ€ Bishop said. โ€œIf the procedure is flawed, the product is going to be flawed.โ€

Former President Barack Obamaโ€™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 Maineโ€™s Katahdin Woods and Waters National Monument, which marked its first anniversary Thursday.

Read the full story at Roll Call

Fate of First Marine National Monument May Be Decided in Court

August 28, 2017 โ€” The future of the first Atlantic marine national monument will likely be decided in court. A lawsuit that challenges the designation of the Northeast Canyons and Seamounts Marine National Monument remains on hold, as fishermenโ€™s groups wait to hear specific recommendations from Interior Secretary Ryan Zinke.

Zinke announced this week he would not recommend eliminating any national monuments, but he would propose some changes. Supporters of the marine monument off of Cape Cod say if any changes go through, theyโ€™ll mount a legal challenge.

The creation of the 5,000 square-mile monument on the edge of Georges Bank this past September closed the area to commercial fishing. Soon after, five fishing organizations across New England filed a lawsuit. The attorney who represents them, Jonathan Wood of the Pacific Legal Foundation, says the suit was put on hold while the monuments were under review.

โ€œIt remains on hold, and I suppose until we know what the president is going to do, it will stay on hold,โ€ Wood says.

The lawsuit challenges the authority that President Obama used when he created the monument. Wood says federal law only allows presidents to designate monuments on land owned or controlled by the government.

โ€œAnd the ocean, 100 miles from the United States, is obviously not land,โ€ says Wood. โ€œBut itโ€™s also not owned or controlled by the federal government.โ€

Read and listen to the full story at Maine Public Radio

Few Answers on Marine Monument as review ends

August 25, 2017 โ€” BOSTON โ€” The future of a national monument off the coast of Massachusetts is unclear Thursday after Interior Secretary Ryan Zinke wrapped up a review of 27 monuments, but did not publicly disclose his recommendations.

The Northeast Canyons and Seamounts Marine Monument, a roughly 4,900 square-mile area south of Cape Cod designated as a monument by President Barack Obama in 2016, was among those targeted for review by the Trump Administration.

While environmental advocates applauded Obamaโ€™s decision, made under powers granted through the Antiquities Act, the commercial fishing industry, port communities and some elected officials pushed back against its strict limits on fishing.

Gov. Charlie Bakerโ€™s administration had knocked what they described as a lack of public process and conflicts with existing marine planning processes. Energy and Environmental Affairs Secretary Matthew Beaton said in May that he hoped the review would yield modifications โ€œrecognizing the work that went into the ocean management plan and the public process around this issue.โ€

Zinke announced Thursday that he had sent his recommendations and findings to President Donald Trump. The announcement named the Northeast Canyons and Seamounts as among eight monuments Zinke visited during his 120-day review, but did not specify if he was suggesting any changes to that area or others.

Read the full story from State House News Service at the New Bedford Standard-Times

Trump team nears decision on national monuments

August 21, 2017 โ€” As Interior Secretary Ryan Zinke approaches the 24 August deadline for his recommendations to President Donald Trump on whether to alter dozens of national monuments, conservation proponents say it remains all but impossible to predict which sites the administration could target for reductions or even wholesale elimination.

In recent months, Zinke has traveled from coast to coast as he conducted the review, which included 27 national monuments created since 1996, the majority of which are larger than 100,000 acres.

Northeast Canyons and Seamounts Marine National Monument, Atlantic Ocean

Obama created the first Atlantic marine monument in 2016 when he designated nearly 5,000 square miles for preservation off the coast of Massachusetts.

But the decision โ€” which barred oil and gas exploration in the area and restricted commercial fishing โ€” drew a lawsuit from Northeastern fishermen, including the Massachusetts Lobstermenโ€™s Association, Atlantic Offshore Lobstermenโ€™s Association, Long Island Commercial Fishing Association, Rhode Island Fishermenโ€™s Alliance and Garden State Seafood Association.

The case is pending in the U.S. District Court for the District of Columbia, but a judge stayed action in the case in May to await the outcome of the Trump administrationโ€™s reviews (E&E News PM, May 12).

During his visit to the East Coast in June, Zinke stopped in Boston to meet with both fishermenโ€™s groups and scientists about the monument.

The Boston Globe reported that Zinke appeared sympathetic while meeting with about 20 representatives of New Englandโ€™s seafood industry.

โ€œWhen your area of access continues to be reduced and reduced โ€ฆ it just makes us noncompetitive,โ€ Zinke said at the time. โ€œThe presidentโ€™s priority is jobs, and we need to make it clear that we have a long-term approach to make sure that fishing fleets are healthy.โ€

Papahฤnaumokuฤkea Marine National Monument, Hawaii

This site near Hawaii is the worldโ€™s largest marine protected area at nearly 600,000 square miles.

Bush first designated the site โ€” originally named the Northwestern Hawaiian Islands Marine National Monument โ€” in 2006, then renamed it to Papahฤnaumokuฤkea in early 2007 in honor of Hawaiian gods Papahฤnaumoku and Wฤkea, whose mythology includes the creation of the Hawaiian archipelago and its people.

In 2016, Obama opted to quadruple the siteโ€™s size to protect the 7,000 species that live in the monumentโ€™s boundaries, as well as to extend prohibitions on commercial fishing and extractive activities (E&E Daily, Aug. 26, 2016).

The Trump administration could opt to try to roll back those prohibitions as well as the monumentโ€™s size.

Read the full story from E&E News at Science Magazine

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