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

Trump’s plans to expand offshore drilling face headwind on Atlantic coast

February 22, 2018 — WASHINGTON — President Donald Trump’s bid to open Atlantic waters to offshore drilling has sparked bipartisan opposition in the states with the largest oil and gas reserves off their coasts, presenting unexpected obstacles to the long-held designs of the energy industry.

In recent years, political leaders in Virginia, North Carolina and South Carolina had supported oil and gas drilling off their coasts, envisioning high-paying jobs and increased tax revenues. But new governors in the three states – two Democrats and a Republican – have all reversed the positions of their predecessors, fearing the potential impact on beaches, fisheries and tourism industries.

“This last election we’ve seen a significant shift at the leadership level,” said David Holt, president of the Consumer Energy Alliance, a trade group representing large energy users and producers. “If you look at the last 10 years, the majority of the governors and the public had been supportive.”

For oil executives in Houston, an international center of the offshore oil and gas sector, the Atlantic coast is a new frontier that could potentially mean significant profits in the decades ahead. Most of the world’s biggest oil companies, including Exxon Mobil, Chevron and Royal Dutch Shell, have a major presence here, employing thousands of people, as do firms specializing in offshore drilling and services, including TechnipFMC, National Oilwell Varco, McDermott International and Transocean.

But the recent shift in political and public sentiment represents a very real threat to their plans.

The oil and gas industry has sought access to U.S. Atlantic waters for years, hoping to find rich oil and gas fields similar to those off the coasts of Nigeria and Ghana. In Trump – who proclaims “energy dominance” almost as frequently as “Make America great again” – the industry believed it had found the key to achieving its goal.

Energy companies came close two years ago when former President Barack Obama considered allowing oil and gas development in Atlantic waters. They had the support of Republicans and Democrats, including Virginia Sen. Tim Kaine, the Democratic nominee for vice president in 2016, and former Virginia Gov. Terry McAuliffe, a longtime friend and fund raiser for Hillary and Bill Clinton, but Obama ultimately decided against an expansion of offshore drilling.

Read the full story at the Houston Chronicle

 

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

Presidential Executive Order Implementing an America-First Offshore Energy Strategy

May 1, 2017 — The following was released by the White House:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and in order to maintain global leadership in energy innovation, exploration, and production, it is hereby ordered as follows:

Section 1.  Findings.  America must put the energy needs of American families and businesses first and continue implementing a plan that ensures energy security and economic vitality for decades to come.  The energy and minerals produced from lands and waters under Federal management are important to a vibrant economy and to our national security.  Increased domestic energy production on Federal lands and waters strengthens the Nation’s security and reduces reliance on imported energy.  Moreover, low energy prices, driven by an increased American energy supply, will benefit American families and help reinvigorate American manufacturing and job growth.  Finally, because the Department of Defense is one of the largest consumers of energy in the United States, domestic energy production also improves our Nation’s military readiness.

Sec. 2.  Policy.  It shall be the policy of the United States to encourage energy exploration and production, including on the Outer Continental Shelf, in order to maintain the Nation’s position as a global energy leader and foster energy security and resilience for the benefit of the American people, while ensuring that any such activity is safe and environmentally responsible.

Sec. 3.  Implementing an America-First Offshore Energy Strategy.  To carry out the policy set forth in section 2 of this order, the Secretary of the Interior shall:

(a)  as appropriate and consistent with applicable law, including the procedures set forth in section 1344 of title 43, United States Code, in consultation with the Secretary of Defense, give full consideration to revising the schedule of proposed oil and gas lease sales, as described in that section, so that it includes, but is not limited to, annual lease sales, to the maximum extent permitted by law, in each of the following Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management (BOEM) (Planning Areas):  Western Gulf of Mexico, Central Gulf of Mexico, Chukchi Sea, Beaufort Sea, Cook Inlet, Mid-Atlantic, and South Atlantic;

(b)  ensure that any revisions made pursuant to subsection (a) of this section do not hinder or affect ongoing lease sales currently scheduled as part of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Proposed Final Program, as published on November 18, 2016; and

(c)  develop and implement, in coordination with the Secretary of Commerce and to the maximum extent permitted by law, a streamlined permitting approach for privately funded seismic data research and collection aimed at expeditiously determining the offshore energy resource potential of the United States within the Planning Areas.

Sec. 4.  Responsible Planning for Future Offshore Energy Potential.  (a)  The Secretary of Commerce shall, unless expressly required otherwise, refrain from designating or expanding any National Marine Sanctuary under the National Marine Sanctuaries Act, 16 U.S.C. 1431 et seq., unless the sanctuary designation or expansion proposal includes a timely, full accounting from the Department of the Interior of any energy or mineral resource potential within the designated area    including offshore energy from wind, oil, natural gas, methane hydrates, and any other sources that the Secretary of Commerce deems appropriate    and the potential impact the proposed designation or expansion will have on the development of those resources.  The Secretary of the Interior shall provide any such accounting within 60 days of receiving a notification of intent to propose any such National Marine Sanctuary designation or expansion from the Secretary of Commerce.

(b)  The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Homeland Security, shall conduct a review of all designations and expansions of National Marine Sanctuaries, and of all designations and expansions of Marine National Monuments under the Antiquities Act of 1906, recently recodified at sections 320301 to 320303 of title 54, United States Code, designated or expanded within the 10-year period prior to the date of this order.

(i)   The review under this subsection shall
include:

(A)  an analysis of the acreage affected and an analysis of the budgetary impacts of the costs of managing each National Marine Sanctuary or Marine National Monument designation or expansion;

(B)  an analysis of the adequacy of any required Federal, State, and tribal consultations conducted before the designations or expansions; and

(C)  the opportunity costs associated with potential energy and mineral exploration and production from the Outer Continental Shelf, in addition to any impacts on production in the adjacent region.

(ii)  Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense and the Secretary of the Interior, shall report the results of the review under this subsection to the Director of the Office of Management and Budget, the Chairman of the Council on Environmental Quality, and the Assistant to the President for Economic Policy.

(c)  To further streamline existing regulatory authorities, Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience), is hereby revoked.

Sec. 5.  Modification of the Withdrawal of Areas of the Outer Continental Shelf from Leasing Disposition.  The body text in each of the memoranda of withdrawal from disposition by leasing of the United States Outer Continental Shelf issued on December 20, 2016, January 27, 2015, and July 14, 2008, is modified to read, in its entirety, as follows:

“Under the authority vested in me as President of the United States, including section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), I hereby withdraw from disposition by leasing, for a time period without specific expiration, those areas of the Outer Continental Shelf designated as of July 14, 2008, as Marine Sanctuaries under the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431-1434, 33 U.S.C. 1401 et seq.”

Nothing in the withdrawal under this section affects any rights under existing leases in the affected areas.

Sec. 6.  Reconsideration of Notice to Lessees and Financial Assurance Regulatory Review.  The Secretary of the Interior shall direct the Director of BOEM to take all necessary steps consistent with law to review BOEM’s Notice to Lessees No. 2016 N01 of September 12, 2016 (Notice to Lessees and Operators of Federal Oil and Gas, and Sulfur Leases, and Holders of Pipeline Right-of-Way and Right-of-Use and Easement Grants in the Outer Continental Shelf), and determine whether modifications are necessary, and if so, to what extent, to ensure operator compliance with lease terms while minimizing unnecessary regulatory burdens.  The Secretary of the Interior shall also review BOEM’s financial assurance regulatory policy to determine the extent to which additional regulation is necessary.

Sec. 7.  Reconsideration of Well Control Rule.  The Secretary of the Interior shall review the Final Rule of the Bureau of Safety and Environmental Enforcement (BSEE) entitled “Oil and Gas and Sulfur Operations in the Outer Continental Shelf-Blowout Preventer Systems and Well Control,” 81 Fed. Reg. 25888 (April 29, 2016), for consistency with the policy set forth in section 2 of this order, and shall publish for notice and comment a proposed rule revising that rule, if appropriate and as consistent with law.  The Secretary of the Interior shall also take all appropriate action to lawfully revise any related rules and guidance for consistency with the policy set forth in section 2 of this order.  Additionally, the Secretary of the Interior shall review BSEE’s regulatory regime for offshore operators to determine the extent to which additional regulation is necessary.

Sec. 8.  Reconsideration of Proposed Offshore Air Rule.  The Secretary of the Interior shall take all steps necessary to review BOEM’s Proposed Rule entitled “Air Quality Control, Reporting, and Compliance,” 81 Fed. Reg. 19718 (April 5, 2016), along with any related rules and guidance, and, if appropriate, shall, as soon as practicable and consistent with law, consider whether the proposed rule, and any related rules and guidance, should be revised or withdrawn.

Sec. 9.  Expedited Consideration of Incidental Harassment Authorizations, Incidental-Take, and Seismic Survey Permits.  The Secretary of the Interior and the Secretary of Commerce shall, to the maximum extent permitted by law, expedite all stages of consideration of Incidental Take Authorization requests, including Incidental Harassment Authorizations and Letters of Authorization, and Seismic Survey permit applications under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., and the Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.

Sec. 10.  Review of National Oceanic and Atmospheric Administration (NOAA) Technical Memorandum NMFS-OPR-55.  The Secretary of Commerce shall review NOAA’s Technical Memorandum NMFS-OPR-55 of July 2016 (Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing) for consistency with the policy set forth in section 2 of this order and, after consultation with the appropriate Federal agencies, take all steps permitted by law to rescind or revise that guidance, if appropriate.

Sec. 11.  Review of Offshore Arctic Drilling Rule.  The Secretary of the Interior shall immediately take all steps necessary to review the Final Rule entitled “Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf,” 81 Fed. Reg. 46478 (July 15, 2016), and, if appropriate, shall, as soon as practicable and consistent with law, publish for notice and comment a proposed rule suspending, revising, or rescinding this rule.

Sec. 12.  Definition.  As used in this order, “Outer Continental Shelf Planning Areas, as designated by the Bureau of Ocean Energy Management” means those areas delineated in the diagrams on pages S-5 and S-8 of the 2017-2022 Outer Continental Shelf Oil and Gas Leasing Draft Proposed Program, as published by the BOEM in January 2015, with the exception of any buffer zones included in such planning documents.

Sec. 13.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Trump orders review of national monuments, vows to ‘end these abuses and return control to the people’

April 27, 2017 — The following is an excerpt of a story published in the Washington Post on April 26:

President Trump signed an executive order Wednesday instructing Interior Secretary Ryan Zinke to review any national monument created since Jan. 1, 1996, that spans at least 100,000 acres in a move he said would “end another egregious use of government power.”

The sweeping review — which Trump predicted would “end these abuses and return control to the people, the people of all of the states, the people of the United States” — could prompt changes to areas designated not only by former president Barack Obama but also by George W. Bush and Bill Clinton.

The review will also examine major marine areas that Bush and Obama put off limits. That includes Hawaii’s Papahanaumokuakea Marine National Monument, which Bush designated in 2006 and Obama quadrupled in size a decade later.

James L. Connaughton, who chaired the Council on Environmental Quality under Bush, said that Bush criticized “the flawed process” that led to Clinton’s designation of Grand Staircase-Escalante and that his deputies solicited local input once he took office.

Although Connaughton defended the Antiquities Act as “one of the best balances between the two branches,” he said Obama had overreached in his expansion of Papahanaumokuakea and the creation of a controversial marine monument off New England’s coast.

“They fell short on the process and the substance underlying the justification for them,” Connaughton said of Obama administration officials. “As a result, it’s created legitimate criticism, which undermines the support for subsequent designations.”

Read the full story at the Washington Post

KIMBERLY STRASSEL: Barack Obama’s Midnight Regulation Express

December 23, 2016 — The technical definition of a midnight regulation is one issued between Election Day and the inauguration of a new president. The practice is bipartisan. George W. Bush, despite having promised not to do so, pushed through a fair number of rules in his final months. But Jimmy Carter and Bill Clinton were more aggressive, and Mr. Obama is making them look like pikers.

Mr. Obama has devoted his last year to ramming through controversial and far-reaching rules. Whether it was born of a desire to lay groundwork for a Clinton presidency, or as a guard against a Trump White House, the motive makes no difference. According to a Politico story of nearly a year ago, the administration had some 4,000 regulations in the works for Mr. Obama’s last year. They included smaller rules on workplace hazards, gun sellers, nutrition labels and energy efficiency, as well as giant regulations (costing billions) on retirement advice and overtime pay.

Since the election Mr. Obama has broken with all precedent by issuing rules that would be astonishing at any moment and are downright obnoxious at this point. This past week we learned of several sweeping new rules from the Interior Department and the Environmental Protection Agency, including regs on methane on public lands (cost: $2.4 billion); a new anti-coal rule related to streams ($1.2 billion) and renewable fuel standards ($1.5 billion).

This follows Mr. Obama’s extraordinary announcement that he will invoke a dusty old law to place nearly all of the Arctic Ocean, and much of the Atlantic Ocean, off limits to oil or gas drilling. This follows his highly politicized move to shut down the Dakota Access pipeline in North Dakota. And it comes amid reports the administration is rushing to implement last-minute rules on commodities speculation, immigrant workers and for-profit colleges—among others.

Any action that is rushed is likely to be shoddy, especially if it’s from the federal government. The point is for Mr. Obama to have his way and to swamp the Trump administration with a dizzying array of new rules to have to undo. That diverts manpower from bigger and better priorities.

Read the full story at The Wall Street Journal 

Council Wants Money For Fishers Hurt By Monument Expansion

November 14, 2016 — The Western Pacific Fishery Management Council is wasting no time seeking financial compensation for those in the fishing industry who may claim they have been harmed by President Barack Obama’s expansion of the Papahanaumokuakea Marine National Monument in late August.

At its meeting last month — shortly after being advised by counsel of restrictions on lobbying legislatures or the president for funds — the council decided to send a letter to Obama highlighting the expansion’s impacts on Hawaii fishing and seafood industries and indigenous communities and requesting that the Department of Commerce mitigate those impacts through “direct compensation to fishing sectors.”

The council’s letter will also include a request that the ban on commercial fishing in the expansion area — which includes the waters between 50 and 200 nautical miles off the Northwestern Hawaiian Islands — be phased in. The letter will also ask for “other programs that would directly benefit those impacted from the monument expansion.”

Compensation for fisheries closures in federal waters is not unprecedented. In 2005, the National Marine Fisheries Service (NMFS) reimbursed the Hawaii Longline Association $2.2 million for legal expenses tied to the group’s lawsuit opposing a temporary closure of the swordfish fishery. Also, as part of the same $5 million federal grant that funded the reimbursement, lobster and bottomfish fishers displaced by the Northwestern Hawaiian Islands (NWHI) Coral Reef Ecosystem Reserve established by President Bill Clinton also received hundreds of thousands of dollars in direct compensation and funds for fisheries research.

With regard to the Papahanaumokuakea Marine National Monument, after it was first established by President George W. Bush in 2006, then-Sen. Daniel Inouye inserted an earmark in the Consolidated Appropriations Act of 2007 that provided more than $6 million to NMFS for a “capacity reduction program.” That program allowed vessel owners with permits to fish for lobster or bottomfish in the NWHI to be paid the economic value of their permits if they chose to stop fishing well ahead of the date all commercial fishing was to end in the monument, June 15, 2011.

Read the full story at the Honolulu Civil Beat

DONALD J. KOCHAN: Midnight monuments

October 4th, 2016 — The lure of legacy is pulling President Obama to designate national monuments at an unprecedented rate and with even greater vigor in the midnight hour of his last term. President Obama has already designated more than two dozen national monuments, the most ever of any President. Teddy Roosevelt designated 18 monuments; Bill Clinton 19; and George W. Bush just 6.

President Obama’s monuments encompass 548 million acres of federal land and water, double the amount of any preceding President. This includes the recent quadrupling of the size of the Papahānaumokuākea Marine National Monument off northwestern Hawaii to 582,578 square miles, making it what some have called the largest protected place on Earth. He’s not done yet. Several possible designations loom, including the approximately 1.9 million-acre proposed Bears Ears national monument in Utah.

Some see these acts as excessive. But those who lodge complaints sometimes blame the President too quickly. Fault lies mostly with the U.S. Congress (of 1906) for delegating near plenary authority to a President to unilaterally convert normal public lands into high-level protected zones. The Antiquities Act of 1906 provides, in part, that “The President may, in the President’s discretion, declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated on land owned or controlled by the Federal Government to be national monuments.” This language has been interpreted by presidents as permitting proclamations of monuments for the preservation of places of natural significance, often the most controversial ways the Act is used.

Read the full opinion piece at The Hill 

Rep. Rob Bishop: Antiquities Act abuse heads East

June 27, 2016 — The following is excerpted from an opinion piece by Rep. Rob Bishop (R-UT), chairman of the House Committee on Natural Resources, published Saturday by the Boston Herald. Rep. Bishop visited New Bedford, Mass., earlier this month, where he met with Mayor Jon Mitchell, Rep. Bill Keating (D-MA), and representatives of the local commercial fishing industry. He also toured a local scallop vessel, the New Bedford harbor, the Fairhaven Shipyard, and a scallop processing company.

Some say cultural trends start on the West Coast and make their way East, but one trend moving eastward is bad news for New Englanders.

In my home state of Utah, the federal government owns 65 percent of the land. That is a problem. In the waning days of his administration, President Clinton compounded the problem by mandating the Grand Staircase Escalante National Monument. With virtually no local support, he locked up 1.7 million acres of Utah, an area larger than some states.

This monument designation was an abuse of the Antiquities Act. Passed in 1906, the Antiquities Act was originally intended for presidents to quickly prevent looting of archaeological sites. The executive power exercised under the Antiquities Act has grown far beyond the original purpose.

Now [President Obama] has his sights set on New England fisheries off the coast of Cape Cod.

Earlier this month I traveled to New Bedford, the highest-grossing commercial fishing port in our country. I spoke with local seafood workers about a potential marine monument designation off the coast. Such a designation would override the current public process of established fisheries management and could be catastrophic to the 1.8 million-plus jobs that fishing creates.

Fishing leaders expressed concern over restricted access, potential job loss, and the damage to the local fishing industry that would obviously follow a marine monument designation. Instead, they want a better public process created under the House-passed Magnuson-Stevens Act, still pending renewal in the Senate.

Read the full opinion piece at the Boston Herald

Deseret News: Antiquities Act and underwater monuments

October 6, 2015 — The Grand Staircase-Escalante National Monument was created by President Bill Clinton well over 20 years ago, but for many southern Utah residents whose livelihoods were affected by this arbitrary and unilateral exercise of executive authority, the wounds are still fresh. That monument also placed billions of dollars of clean-burning coal off limits forever. Since those resources were located on school trust lands that provide funding for public schools, Utah students paid, and continue to pay, a steep price for this massive executive overreach.

The lesson that should have been drawn from that episode is that the 1906 Antiquities Act, the legal justification that allows presidents to create national monuments for “the protection of objects of historic and scientific interest,” is outdated, overused and too easily abused. While the designation of these monuments is supposed to be confined to areas of historical significance and limited to “the smallest area compatible with proper care and management of the objects to be protected,” this language has done nothing to prevent presidents from making designations of whatever size and location they choose with no congressional input or oversight.

Read the full editorial at Deseret News