Saving Seafood

Booker Announces Landmark Environmental Justice Bill

October 24, 2017 — NEWAWK, N.J. — The following was released by the office of Senator Cory Booker:

Today, U.S. Senator Cory Booker (D-NJ) was joined by local community leaders and advocates from across New Jersey and the nation in announcing a landmark bill that represents a major step toward eliminating environmental injustice. The Environmental Justice Act of 2017 requires federal agencies to address environmental justice through agency actions and permitting decisions, and strengthens legal protections against environmental injustice for communities of color, low-income communities, and indigenous communities.

“Many communities across the country are facing environmental and public health threats that for too long have gone unaddressed, seemingly only noticeable to those who deal with the effects on a daily basis. These communities are often communities of color or indigenous communities, and they tend to be low-income,” said Sen. Booker.

“This is unacceptable and our bill is an important step in changing this reality. This legislation codifies and expands requirements that federal agencies mitigate impacts on vulnerable and underserved communities when making environmental decisions, and provides those communities with legal tools to protect their rights. We cannot have social justice or economic justice without environmental justice,” Sen. Booker concluded.

The bill is the culmination of a months-long process of working with dozens of grassroots organizations across the country to craft a comprehensive bill that strengthens environmental justice protections for vulnerable communities.

The bill was informed by Booker’s experience dealing with environmental injustice as Newark’s mayor and recent trips he’s made to North Carolina , Louisiana, and Alabama, where he met with communities struggling with environmental injustices, such as open-air hog waste lagoons adjacent to people’s backyards, industrial garbage dumps that pervade neighborhoods, and exceedingly high concentrations of oil and gas refineries that residents suspect are leading to a wide array of chronic illnesses.

Video to Sen. Booker’s remarks can be found here

“In the forty years since the Clean Air Act and Clean Water Act became law, the country has made great strides to protect our shared resources, but minority, low-income, and indigenous communities have continued to suffer disproportionate harm.  I am proud to support the Environmental Justice Act of 2017, which will reduce racial and economic disparities in environmental policies,” said Rep. Payne.

“We must adopt substantive policies that will provide protections for communities Of Color and low-income communities from harmful pollution. This bill would help those communities and we hope everybody gives it the serious consideration it deserves,” said Dr. Nicky Sheats, Esq., New Jersey Environmental Justice Alliance.

“As a Newark School Board member and a mother of 3 kids with asthma, it’s clear environmental justice is a civil right. In my city and so many other EJ communities, there’s too much lead in our drinking water, raw sewage in our waterways and diesel emissions sending kids to the ER. Those are the kind of cumulative impacts Senator Booker’s legislation takes on,” said Kim Gaddy, Clean Water Action’s Environmental Justice Organizing Director.

“For too long low income and communities of color in this country have suffered under the weight of cumulative, chronic and disproportionate pollution. This bill is a reminder of how critical it is to protect and restore these communities,” said Ana Baptista, Board Member, Ironbound Community Corporation.

The bill will be cosponsored in the Senate by U.S. Senators Tom Carper (D-DE), Richard Durbin (D-IL), Kirsten Gillibrand (D-NY), Brian Schatz (D-HA), Tom Udall (D-NM), Sheldon Whitehouse (D-RI) and Ed Markey. U.S. Rep. Raul Ruiz (D-CA) will introduce a companion bill in the House.

The Environmental Justice Act of 2017 is endorsed by more than 40 public health and environmental justice organizations.

A full list of endorsing organizations can be found here.

Specifically, the bill does the following:

Codifies and expands the 1994 Executive Order on Environmental Justice. Executive Order 12898 focused federal attention on environmental and human health impacts of federal actions on minority and low-income communities. The Environmental Justice Act of 2017 would codify this order into law, protecting it from being revoked by future Presidents. It would also expand the EO by improving the public’s access to information from federal agencies charged with implementing the bill and creating more opportunities for the public to participate in the agencies’ decision-making process.

 

Codifies the existing National Environmental Justice Advisory Council (NEJAC) and environmental justice grant programs. The bill ensures that NEJAC will continue to convene and provide critical input on environmental justice issues to federal agencies, and that several important environmental justice grant programs, including Environmental Justice Small Grants and CARE grants, will continue to be implemented under federal law. Since these grant programs and NEJAC have never been Congressionally authorized, they are susceptible to being discontinued by future Administrations.

Establishes requirements for federal agencies to address environmental justice. The bill requires agencies to implement and update annually a strategy to address negative environmental and health impacts on communities of color, indigenous communities, and low income communities. In addition, the bill codifies CEQ (Council on Environmental Quality) guidance to assist federal agencies with their NEPA (National Environmental Policy Act) procedures so that environmental justice concerns are effectively identified and addressed. The bill also codifies existing EPA guidance to enhance EPA’s consultations with Native American tribes in situations where tribal treaty rights may be affected by a proposed EPA action.

Requires consideration of cumulative impacts and persistent violations in federal or state permitting decisions under the Clean Water Act and the Clean Air Act. Currently, Clean Air Act and Clean Water Act permitting decisions do not take into account an area’s cumulative pollutant levels when a permit for an individual facility is being issued or renewed. This can result in an exceedingly high concentration of polluting facilities in certain areas, such as the area between Baton Rouge and New Orleans, Louisiana infamously known as Cancer Alley, where Senator Booker visited this summer. The bill also requires permitting authorities to consider a facility’s history of violations when deciding to issue or renew a permit.

Clarifies that communities impacted by events like the Flint water crisis may bring statutory claims for damages and common law claims in addition to requesting injunctive relief. Under current legal precedent, environmental justice communities are often prevented from bringing claims for damages. The bill would ensure that impacted communities can assert these claims.

Reinstates a private right of action for discriminatory practices under the Civil Rights Act. The bill overrules the Supreme Court decision in Alexander v. Sandoval and restores the right for individual citizens to bring actions under the Civil Rights Act against entities engaging in discriminatory practices that have a disparate impact. Currently citizens must rely upon federal agencies to bring such actions on their behalf.

Since his time as a tenant lawyer, City Council member, and mayor of Newark, Booker has seen first-hand how low-income communities and communities of color are disproportionately affected by poor air quality, tainted drinking water, and toxic Superfund sites. For example, Newark has one of the highest rates of child asthma in the state, and half of all New Jerseyans live within three miles of a Superfund site. As Mayor, Booker championed the cleanup of the polluted Passaic River, a  federal Superfund site, and spearheaded the creation of community gardens that required planting in raised beds since the soil was too toxic to grow food for human consumption.

The following advocates also voiced their support of the Environmental Justice Act of 2017:

Cecilia Martinez, Executive Director. Center for Earth, Energy and Democracy, Minneapolis, Minnesota

“Some communities continue to bear the harmful consequences of industrial pollution.  This bill will help to ensure that all communities, especially environmental justice communities will be healthy, safe and free from environmental harm.”

Vernon Haltom, executive director, Coal River Mountain Watch, Naoma, W.Va.

“From mountaintop removal coal mining in Appalachia to oil refining in Texas to uranium mining in the Southwest, polluting industries devastate the health of the communities least able to take a stand. This bill will support human rights for people traditionally ignored or oppressed by polluters.”

Michele Roberts, National Co-Coordinator, Environmental Justice Health Alliance

“This bill is much needed at this critical time when both public health and the environment are under attack. It will provide protection for communities that have been permitted to suffer the disproportionate burdens of toxic pollution.”

Robert Spiegel, Executive Director of the Edison Wetlands Association, Edison, NJ

“This bill by Senator Booker is a great start in addressing decades of environmental injustices. Environmental justice, clean water, clean air, and safe places to raise our families are not Republican or Democrat issues, they are human rights issues.”

Avery Grant, Executive Director, Concerned Citizens of Long Branch, Long Branch, New Jersey

“The Concerned Citizens Coalition of Long Branch endorses The Environmental Justice Act of 2017 as we have suffered the devastating effects of a 17-acre contaminated site in our community. It is paramount that we prevent future occurrences of contamination.”

U.S. Senate passes resolution designating Sept. 25, 2017, as ‘National Lobster Day’

August 4, 2017 — In recognition of the historic and economic importance of the lobster industry to Rhode Island and other coastal states, the U.S. Senate unanimously approved a resolution designating Monday, Sept. 25, 2017, as “National Lobster Day.” The resolution, cosponsored by U.S. Senators Jack Reed (D-RI), Sheldon Whitehouse (D-RI) and seven New England colleagues, invites lobster-lovers to mark their culinary calendars for the last Monday in September.

“This is a fitting tribute to our local lobstermen and women and the important economic impact lobsters have on Rhode Island’s economy. As consumer demand for sustainably harvested, wild-caught New England lobsters continues to grow, ‘National Lobster Day’ offers an opportunity to celebrate and appreciate an industry that supports hundreds of Rhode Island families and helps bring tourists to the area to enjoy delicious, freshly caught lobster and seafood,” Reed said. “It will also help showcase Rhode Island’s culinary diversity and boost sales. Whether you enjoy lobster fresh off the boat, or with fresh-made pasta, Rhode Island offers plenty of ways to join the celebration.”

“National Lobster Day is a great time to remember that the lobsters caught off of Rhode Island are some of the best on the East Coast, and we’re fortunate to have no shortage of first-rate restaurants to serve them up,” Whitehouse said. “Although warming seas have contributed to the reduction of our lobster landings by half in the last twenty years, I’ll continue to do everything in my power to make sure lobstermen and other Rhode Island fishermen, who make enormous contributions to the local economy, will continue to find healthy stocks off our coast and be able to call Rhode Island ports home for decades to come.”

Read the full story at the Westerly Sun

Concerns aired about marine monument

June 21, 2017 — Editor’s Note:

Fishing groups have widely criticized the Obama Administration’s marine monument designation process as opaque, and argued that administration officials did not adequately address concerns raised. Conversely, in this Cape Cod Times article, Priscilla Brooks, Vice President and Director of Ocean Conservation at the Conservation Law Foundation, claimed that the Obama administration adequately took fishermen’s concerns into account before designating the Northeast Canyons and Seamounts Marine National Monument.

Ms. Brooks said this was evidenced by the administration’s decision to reduce the size of the monument by 60 percent from the original proposal.

However, there was never an official Atlantic marine monument proposal from the Obama administration. Fishermen, elected officials, regulators, and concerned shoreside businesses were not apprised of the specifics of the Obama Administration’s monument plan until the final shape of it was shared just days and hours before it was announced.

The environmental community, including the Conservation Law Foundation, provided a proposal to the Administration, which officials referred to at times in meetings, but always with the caveat that the environmentalist proposal was not an official Administration proposal. At no time before the announcement was imminent did the commercial fishing community have any idea of what action the Administration might take.

It is possible that Ms. Brooks was stating that the monument eventually proposed by the Obama Administration was reduced by 60 percent from the plan that CLF and other environmental groups proposed. Commercial fishermen were apprehensive about the relationship between the Administration and the environmental community with due cause, since in 2015 environmental activists attempted to push a monument designation through the Administration in secret before the Our Ocean conference in Chile.

Ms. Brooks also claimed that “there was a robust public process.”

In the lead-up to the 2016 monument designation, there was one public meeting in Rhode Island where fishermen were allowed just 2 minutes to talk.

There were a number of subsequent meetings in fishing ports, and in the White House complex. But those who attended those meeting largely felt their views were being ignored. In fact, many of them participated in the recent meeting with new Secretary of the Interior Ryan Zinke.

In July 2016, Eric Reid, General Manager at Seafreeze, who participated in both regional and White House meetings wrote, “No one in the Obama administration’s Council on Environmental Quality has put forward an actual, concrete proposal of what an Atlantic monument might look like.” He added, “The uncertain and opaque nature of the process that has so far surrounded the potential marine monument has left fishermen with no idea as to what areas and which fisheries will be affected, nor which activities will be prohibited.”

BOSTON — Fishing groups from around New England met with Interior Secretary Ryan Zinke on Friday to air complaints about former President Barack Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument last year.

The monument, the first marine national monument in U.S. Atlantic waters, protects about 4,000 square miles of ocean 150 miles southeast of Cape Cod.

Fishermen say the protected area in which fishing is prohibited hurts their business and places an undue burden on an already heavily regulated industry. But scientists say the area, which is home to hundreds of species of marine life and fragile coral, is an important natural resource that must be protected.

In his proclamation creating the marine monument, Obama prohibited fossil fuel or mineral exploration, all commercial fishing, and other activities that could disturb the sea floor. Scientific research is allowed with a permit. Commercial red crab and lobster fishermen have to phase out their operations within the monument area over the next seven years.

During their meeting with Zinke at Legal Sea Foods on Boston Harbor, fishermen and industry representatives asked the secretary to consider dissolving the monument or changing the regulations within its boundaries and complained about the way it was originally designated.

“As an American, this brought me to tears at my desk,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “No one should have the power to sign people out of work.”

Some commercial fishermen said they felt the former administration did not take their concerns into account before designating the monument.

“Even though we were allowed minimal — and that’s an understatement — input, we received mostly lip service,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, Rhode Island. “Small businesses like me that need stability to grow their business and invest in America are at risk. We can make America and commercial fishing great again.”

But Priscilla Brooks, vice president and director of ocean conservation at the Conservation Law Foundation, said the former administration did take fishermen’s concerns into account. Obama reduced the size of the original proposed monument by 60 percent and allowed lobster and crab fishermen a seven-year grace period to continue fishing there.

“There was a robust public process,” she said.

Read the full story at the Cape Cod Times

Interior secretary visits Mass. to review marine monument

June 19, 2017 — Editor’s Note: At the request of the Department of the Interior, Saving Seafood’s National Coalition for Fishing Communities helped facilitate a meeting between Interior Secretary Ryan Zinke and over 20 representatives of the commercial fishing industry. The meeting also included staff members from the offices of Senators Elizabeth Warren (D-MA), Ed Markey (D-MA), and Sheldon Whitehouse (D-RI):

Capping off a four-day New England tour, US Secretary of the Interior Ryan Zinke visited Boston Friday to meet with local scientists and fishermen in his review of the East Coast’s only — and highly controversial — marine monument.

The Northeast Canyons and Seamounts Marine National Monument, located approximately 130 miles off the coast of Cape Cod, covers more than 4,000 square miles. It includes three underwater canyons and four seamounts — mountains rising from the ocean floor —housing dozens of deep-sea corals and several species of endangered whales.

Former president Barack Obama proclaimed the area the country’s first marine national monument in the Atlantic Ocean in September 2016. The Antiquities Act, signed into law in 1906 by national parks champion Theodore Roosevelt, grants presidents unilateral authority to establish national monuments on federal land.

But now, under President Trump, the fate of the underwater zone is in doubt.

Trump signed an executive order in April directing Zinke to review all national monuments designated over the past 21 years, calling the practice of using executive authority to designate such monuments an “abusive practice.”

Zinke met with scientists from the New England Aquarium and the Massachusetts marine monument’s superintendent from the US Fish and Wildlife Service in the morning, before heading to a roundtable with local fishermen.

“Right now, I’m in the information collection stage, so everything is on the table,” Zinke said.

Read the full story at the Boston Globe

Sen. Whitehouse Mentions RI Fishermen During Pruitt Hearings

January 19, 2017 — WASHINGTON — U.S. Sen. Sheldon Whitehouse quizzed President-elect Trump’s nominee for Administrator of the Environmental Protection Agency about his support for Rhode Island fishermen.

During Senate hearins today, Whitehouse asked Oklahoma Attorney General Scott Pruitt if “he would support the fishing and aquaculture industries in the face of climate change, and whether he would protect Rhode Islanders from out-of-state polluters.”

“As we discussed when you and I met, the oceans off our Ocean State are warming due to fossil fuel-driven climate change,” said Whitehouse. “It is crashing our fisheries, like lobster and winter flounder, and making earning a living harder for our fishermen. I see nothing in your career to give those fishermen any confidence that you will care one bit for their well-being, and not just the well-being of the fossil fuel industry.”

Read the full story at Patch Narragansett

On Long Island Sound, Discord Over Push for Fishing Rights

PROVIDENCE, R.I. (AP) — February 26, 2016 — The proposal: to open part of Long Island Sound, the sliver of ocean separating New York’s Long Island from Connecticut and Rhode Island, to striped bass fishing by shifting it from federal to state control.

The problem: The New York congressman who’s pushing the idea didn’t check first with Rhode Island or Connecticut, where lawmakers say the proposal is pointless at best and environmentally dangerous at worst.

Striped bass fishing is allowed in state waters but banned in the federal area, and Rep. Lee Zeldin of New York says he wants to restore local control and common sense to fishery management. He introduced a bill to change the boundary for 150 square miles.

Though Rhode Island would get control over a slice, U.S. Rep. David Cicilline, a Rhode Island Democrat, said the notion of removing federal jurisdiction just doesn’t make sense here.

“I’m not sure the rationale for it,” Cicilline said.

U.S. Sen. Sheldon Whitehouse, another Rhode Island Democrat, called the bill “an odd little thing.” He said his office contacted Rhode Island fishermen and regulators and “nobody’s very interested in it.”

Recreational anglers who catch striped bass legally in state waters sometimes stray into, or travel through, the federal exclusive economic zone, or EEZ, between areas south of Montauk, New York, and south of Point Judith, Rhode Island.

According to Zeldin’s office, some have been fined for having striped bass on board because they couldn’t prove the bass were caught legally in state waters. Zeldin, whose district encompasses eastern Long Island, is responding to concerns from local fishermen, his office said.

Zeldin is a vulnerable freshman lawmaker who has been targeted by Democrats in a swing district that President Barack Obama narrowly won twice. Passage of the legislation could help him in his re-election bid.

Joe McBride, of the Montauk Boatmen & Captains Association, publicly thanked Zeldin for his leadership on the issue. Sport fishing is important to the Long Island economy, especially in Montauk, McBride said.

Connecticut’s entire congressional delegation signed a letter opposing the “misguided bill,” citing the potential for “major economic losses” to the Connecticut fishing industry and a “major blow” to efforts to rebuild the striped bass stock.

Read the full story from the Associated Press at the New Jersey Herald

URI researchers to study climate change effect on fisheries

December 19, 2015 — PROVIDENCE, R.I. (AP) — Researchers at the University of Rhode Island have been awarded a federal grant to study the effects of climate change on Atlantic fisheries.

The state’s congressional delegation says the National Oceanic and Atmospheric Administration is giving the researchers $227,850.

Jeremy Collie, at the URI Graduate School of Oceanography, is leading the team. Scientists are participating from NOAA’s Northeast Fisheries Science Center, Narragansett Laboratory, located on URI’s Bay Campus.

Read the full story from the Associated Press at ABC6 News