Tag Archives: Pacific Legal Foundation

Storm brews over Maine’s monument offshore, too

Zinke has recommended that the Northeast Canyons and Seamounts Marine National Monument – a 4,913-square-mile area of underwater canyons, thousand-year-old coral forests, and volcanic mountains on and beyond the southern edge of Georges Bank at the mouth of the Gulf of Maine – be opened to commercial fishing, a move proponents say would defeat its purpose.,, The heads of eight of the nation’s fisheries management councils – the industry-led bodies that implement fisheries regulations in federal waters – were already on record against the commercial fishing restrictions.,, Peter Shelley of the Conservation Law Foundation, an environmental attorney who is watching the case closely, strongly disagrees. click here to read the story 08:35

If Trump Doesn’t Revoke ‘Illegal’ National Monument Created By Obama, The Courts Might

Secretary of the Interior Ryan Zinke recommended President Donald Trump change the boundaries or management of 10 national monuments, including ocean monuments created by the Obama administration. Zinke asked Trump to allow commercial fishing at Obama-designated ocean monuments in the Pacific and Atlantic Oceans, but five of those monuments the Department of the Interior reviewed could be declared unlawful. Earlier this year, the Pacific Legal Foundation (PLF) filed suit against the Trump administration on behalf of New England fisherman opposed to the Northeast Canyons and Seamounts monument off the New England coast. click here to read the story 14:03

The Fate Of The 1st Atlantic Marine Monument Is Likely Headed To Court

Environmentalists and fishing groups said Thursday they are prepared for a legal battle in the wake of Interior Secretary Ryan Zinke’s decision to preserve the nation’s first Atlantic Ocean marine monument.,,, The Atlantic monument has been contested from the beginning. Some fishing groups have said it was created through an illegal use of the Antiquities Act of 1906 and jeopardizes their industry, and they’ve sued to challenge its creation. “I’m sure fishermen will appreciate any relief they get from the administration, but unless the monument is revoked it won’t cure the legal problem that we highlight in the lawsuit,” said Jonathan Wood, an attorney with Pacific Legal Foundation, which is representing the fishing groups. click here to read the story 16:01

The Latest: New England groups want fishing rights back – Rhode Island Fishermen’s Alliance president Richard Fuka says he hopes U.S. demand for locally harvested seafood convinced U.S. Interior Secretary Ryan Zinke to recommend reopening the area to fishing. Fishing groups said they were encouraged by Zinke stating that his recommendations would “provide a much needed change for the local communities who border and rely on these lands for hunting and fishing.” click here to read the story 20:16

Is the ocean ‘land owned or controlled’ by feds? Antiquities Act lawsuit aims to find out

Despite a lifetime of fishing off the New England coast, Eric Reid was like a fish out of water when President Barack Obama grabbed a piece of his livelihood. “I’m just a fish guy but I learned a lot about politics in a big hurry,” said Reid, general manager of Seafreeze Shoreside Inc., a seafood processing facility in Rhode Island. He is referring to Obama’s September 2016 designation of nearly 5,000 square miles of ocean as the Northeast Canyons and Seamounts National Monument, using his unilateral authority under the Antiquities Act of 1906.,,, We’re losing opportunity as we speak,” Reid told Watchdog.org. “It could easily be millions of dollars just this winter.” Reid is part of a coalition of New England fishing organizations suing the federal government over the designation. The Pacific Legal Foundation is representing the coalition in Massachusetts Lobstermen’s Association v. Ross. PLF attorney Jonathan Wood says the economic impact is magnified when considering the shoreside businesses that have grown up around the commercial fishing industry. “It’s not just the fishermen. It’s all the bait dealers, the mechanics and the marinas and all the businesses that only exist because there’s a commercial fishing industry,” he told Watchdog.org. read the article here 09:37

New England fishermen challenge Obama’s Northeast Canyons and Seamounts Marine National Monument designation

A coalition of New England fishermen organizations filed suit today over former President Barack Obama’s designation of a vast area of ocean as a national monument — a dictate that could sink commercial fishing in New England. The organizations filing the lawsuit are the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fisherman’s Alliance, and Garden State Seafood Association. They are represented, free of charge, by Pacific Legal Foundation, a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations. The lawsuit challenges President Obama’s September 15, 2016, creation of the Northeast Canyons and Seamounts Marine National Monument, 130 miles off the coast of Cape Cod. continue reading the story here 14:28

Fishermen’s Lawsuit Revived for Abalone Protection

This lawsuit is about Eco-Based Management in the purest sense. Overruling a trial court, the Ninth U.S. Circuit Court of Appeals [Tuesday] reinstated plflawsuit to protect abalone and other shellfish resources — and the industries dependent on them — from being ravaged by sea otters in the waters off the Southern California coast. The lawsuit — California Sea Urchin Commission, et al. v. Jacobson, et. al.targets the U.S. Fish and Wildlife Service for illegally eliminating a “sea otter management zone” (i.e., a zone of protection for shellfish off the Southern California coast) which Congress established under a 1986 statute. PLF attorneys represent fishermen, a California state commission, and several nonprofit organizations with a direct interest in maintaining healthy populations of shellfish. In challenging the Service’s violation of its legal mandate to contain the sea otter population, PLF attorneys represent: The California Sea Urchin Commission, California Abalone Association, California Lobster and Trap Fishermen’s Association, Commercial Fishermen of Santa Barbara. Read the rest here 20:35

Pacific Legal Foundation making news on the east coast by fulfilling its mandate

Meanwhile, just across the Potomac River from Alexandria, the Supreme Court of the United States in Washington, D.C., heard oral argument today in the case of John Yates v. United States. PLF filed its amicus brief on behalf of several commercial fishing associations earlier this year.  “Sort of inexplicably, the federal government decided to turn a regulatory minor fine into a federal prosecution involving a law for white-collar criminals.” Read the rest here 11:40

Filed on behalf of Fishermen, Pacific Legal Foundation Sea Otter Lawsuit Dismissed

“Obviously, we think the judge’s decision is wrong,” said PLF attorney Jonathan Wood, whose sole option, as detailed by the judge, is to pursue an Administrative Procedure Act petition to rescind relevant parts of the 1987 rule. “Since the dismissal took place so recently, the fishermen are still considering their options to appeal.” Read more here   independent.com 18:25

The Endangered Species Act Turns 40—Hold the Applause – Schiff and MacDonald – Center for the Defense of Free Enterprise

The badly administered law has had a limited effect on wildlife while inflicting great social and economic costs. Forty years ago, on Dec. 28, 1973, the Endangered Species Act became law. If you want to celebrate, you’ll need to close your eyes to hard truths. Read more @facebook.com  16:26

An otter mess – U.S. Fish and Wildlife Service Defies Congress and the law, The Otter Project announced they will be filing papers to intervene

“They’re seeing their commercial interests take precedent over everything else and I don’t believe that,” said Steve Shimek, executive director of The Otter Project. “I don’t believe the immediacy they’re portraying. They’re portraying mongrel hordes of otters are waiting in the line to eat all ‘their’ urchins and that is not the way it is.” [email protected]