July 26, 2017

Trump’s Pen Will Dismantle Some of Obama’s Anti-Gun EOs

*Editor’s Note* – This morning I was listening to Fox and Whine News. In an interview with House Majority Leader, Kevin McCarthy, he was asked whether Trump’s seemingly endless first few days of Executive Actions, was any different than Obama’s. The answer was expected. McCarthy explained that Trump was not writing new Orders, per se, but repealing many of those Obama issued.

Immediately I painted an image in my mind that this would become the “tradition” of succeeding presidents, to spend the first week, month, year, signing Executive Orders to rescind Executive Orders. It is a legal act for a president to change (legally) or effectively repeal (legally) a standing Executive Order, however, what is the point then, if any?

Congress, the corrupt puppets that they are, over the years have allowed for Executive Orders to be used to write new law, side-stepping the Legislative process. That is NOT the job of the president….is it?

Perhaps, instead of perpetuating an act that shouldn’t be so blatantly wrong, it is time for Trump and Congress to get back to clarifying what the purpose of EOs are and keeping the legislative overreach in check.

There will always be EOs but they should be limited.

~~~~~~

Gun Owners of America is optimistic that this is only the first in a series of Trump actions overturning illegal Obama actions.

We are also asking for Trump administration action:

  • Removing the U.S. from the Anti-Gun UN Arms Trade Treaty;
  • Repealing bullet and gun import bans going from Obama back to George H. W. Bush’s semi-auto import ban;
  • Repealing the suspension of health privacy laws with respect to gun owners;
  • Repealing executive actions encouraging doctors to inquire about gun ownership and to enter this information into a federal health database;
  • Restoring gun rights for 257,000 law-abiding veterans;
  • Repealing Obama’s efforts to strip Social Security recipients of their guns, merely because a guardian processes their checks.<<<Read More>>>
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If You Can’t Laugh, See a Shrink

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Bishop Statement on Obama’s Use of 12(a) in the Arctic and Atlantic

Press Release from the House Committee on Natural Resources:

WASHINGTON, D.C., December 20, 2016

Today, President Obama banned offshore acreage in the Arctic and the Atlantic using section 12(a) of the Outer Continental Shelf Lands Act (OCSLA). Chairman Rob Bishop (R-UT) issued the following statement:

“The extremes to which this president will go to appease special interests never ceases to amaze. This is not a moral calling, it’s an abuse of power. Scratch below the façade of pragmatism and it is nothing more than ideological chest-thumping from the president for the far left.

“This White House fails to understand that America’s offshore is the foundation of our energy strength, and its responsible development has served to insulate families and businesses from the whims of global oil cartels such as OPEC. This naïve and unprecedented executive action undercuts our competitiveness and threatens regional economies across the country.”

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Good Riddance (and don’t let the door hit you in the…)

by James Beers

Two years ago I wasted quite a bit of time opposing the Minnesota DNR decree to impose a ban on using any lead ammunition on State Wildlife Areas.  During this thorough waste of time (it was a simple government decree in a decree-friendly state based on nonsense with no possibility of any change from the get-go) I trekked to downtown St. Paul to the DNR Headquarters for a “Hearing” and a chance to “testify”.

What a circus. The 40 or 50 attendees were divided by sex and costumes.  On “my” half sat males over 50 sitting in groups of friends all decked out in wool shirts; they were the opposition.  On the other half sat a gaggle of females under 50 that probably thought that a gunstock was something listed on the Stock Exchange: they were obviously all acquainted with each other and each was decked out in “professional” clothes suitable for CEO-level executives recently departed from their offices or some expensive urban watering hole for this important meeting; they were the supporters of the ban.

There were a few anomalies in the female supporters group.  First there was the DNR “chief” that obviously knew each lady and wandered amongst them like a movie star.  Then there was the old man dressed in impeccable Orvis duds that looked real “outdoorsy” as he self-identified as a “hunter”.

Last but not least was an older lady in fairly grubby clothes that identified herself and her plea as an “Eagle Rescue biologist”.  Her emotional “testimony”, that was allowed to exceed the time limit unlike the rest of us, was full of tales of Bald eagles injured by “hunters” and brought to her Rescue venue located on a heavily used wintering eagle stretch of the Mississippi.  She even shared X-rays of eagles showing “lead” pellets that were “killing them”.  She received an ovation at her conclusion.

What she failed to mention was that the fact of lead or some other pellet metal was immaterial; lead pellets or bullets imbedded in muscle or other non-organ tissue is benign.  You or I or an eagle or a loon or a duck for that matter so afflicted may live a long life or die soon depending on the wound, not the presence of lead, since lead is not absorbed into the organs and blood (where accumulations can be fatal) when it is simply lodged in muscle or other non-organ tissue.  The lead ammunition bugaboo is based on waterfowl hyperbole and over estimation where ducks and geese, et al have CROPS full of GRIT (pebbles, shot and other small round and hard items they must constantly replenish) that they use to grind their hard plant food like seeds for digestion.  Lead shot (less than claimed) is often ground up and passes through the digestive system with the seeds and if absorbed over a long period can prove fatal.  This “climate-change”-like anecdotal over-estimation successfully justified banning lead for any waterfowl hunting over two decades ago.

Then the same folks used it to justify banning lead fishing tackle because loons were dying from “lead poisoning”.  When I tried to explain to a couple of Minnesota fishermen asking for others to turn in all their lead tackle a few years ago that the miniscule number of loons documented to have toxic lead levels ALSO had digestive systems plugged with fishing TACKLE (hooks, leaders, line) and were in fact starving to death thanks to the plugged digestive system and NOT LEAD, they got irate and told me to get lost.  You see loons HAVE NO CROP AND THEREFORE NO LEAD GRIT because they are fish eaters with digestive systems more like ours than their seed-eating cousins.  When a loon finds a bait minnow on a broken line (with tackle attached) on a snag, it swallows the minnow and the attached tackle that eventually knots up in the digestive system and starves the bird to death as its digestive juices flow freely and absorb as much of the lead as possible.

So let us return to the meeting about lead ammunition on MN State Wildlife Areas and the ladies emotional appeal on behalf of eagles.  Eagles don’t have, nor need, crops.  Eagles don’t need nor gather grit.  Eagles eat fish and meat.  So, all the eagle and lead-pellet X-rays that brought tears to our eyes that winter evening were simple deceptions.  Eagles that die from or are maimed by lead (or any other shot or bullet for that matter) either die from the wound; are disabled by the wound; or recover to stir all MN progressive’s patriotism as they soar above our waterways.

I remembered that little old lady recently and wondered where she is now as I read the following newspaper article titled, “Wind-turbine rule would allow for eagle deaths”.

Having been sensitized to the “fact” that no sacrifice (like ammunition cost and effectiveness or traditional family-heirloom weapon use) is too much to ask to “save” one, much less multiple eagles, from death or wounding I was shocked by the title.  Seeing men and kids investigated, prosecuted, fined, jailed (and prohibited from future voting and gun ownership unlike current prisoners incarcerated for “non-violent” drug crimes being released to vote and bloat growing recidivism statistics) and otherwise marginalized for shooting, mounting or possessing a Bald or Golden Eagle – all at great government expense – I read the article that upset me far more evidently than all the little old ladies or urban professional ladies or the old guys and bureaucrats that hang around them.

Here are the relevant parts of the article with my comments italicized in parentheses.

Wind-turbine rule would allow for eagle deaths

The Obama administration on Wednesday (14 December 2016) finalized a rule that lets wind-energy companies operate high-speed turbines for up to 30 years — even if means killing or injuring thousands of federally protected bald and golden eagles.

(THOUSANDS??  30 YEARS??  Those wind “farms” have been killing millions of “Protected” birds every spring and fall for 30 years already with nary a scream from all these do-gooders.  Not only were federal bureaucrats paid handsomely to “Protect” them, the bureaucrats of USFWS, the State bureaucrats, the “conservation” organizations, the bird outfits, the radical environmentalists and even the little old Eagle Rescue lady were all AWOL as they lied about lead to discourage hunting and fishing and treated their fellow citizens and their cherished pursuits far worse than government treats terrorists or incarcerated drug smugglers, sellers and perverters of America’s youth.)

    Under the new rule, wind companies and other power providers will not face a penalty if they kill or injure up to 4,200 bald eagles, nearly four times the current limit. Deaths of the more rare golden eagles would be allowed without penalty so long as companies minimize losses by taking steps such as retrofitting power poles to reduce the risk of electrocution.

(How come ranchers weren’t offered a silly “out” by these “concerned” bureaucrats like putting out eagle food or working at an eagle “rescue” center when they killed A golden eagle killing a lamb or a calf or a dog?  Maybe they could attach an electrical shocker to their dog or a lamb or a calf or a kid and let a golden eagle swoop in and get shocked when it grabs them?  It doesn’t work with wolves but then we could “test” it for years until the ranchers are gone. Just below you will see that the government won’t discuss or release eagle deaths data; so how do we know 4,200 is “four times” the current limit?)

     The new rule will conserve eagles while also spurring development of a pollution-free energy source intended to ease global warming, a cornerstone of President Barack Obama’s energy plan, said Fish and Wildlife Service Director Dan Ashe. 

(Pollution-free”??  4200 dead Bald eagles and an untold number of golden eagles minced up and lying about is a certain level of accumulated tissue and genes that is hardly describable as “pollution-free”.  The next time some jerk or jerkette bullies you or your children into a “come to Gaia” moment to deny any doubts about global warming, remember this bit of national disgrace because this bureaucrat justifies a magnitude of eagle killing unknown since federal ”protection” of eagles became a federal duty as a good because it eases “global warming.  As a nod to public information, this bureaucrat “Director” was a radical political staff Director in the US House and lost his job when Newt and the Republicans took control of the House 2 years into the reign of Clinton.  He was quickly picked up by USFWS in a top job and given charge of the federal Pittman Robertson Excise Taxes on arms and ammunition intended for state wildlife agencies and their wildlife programs.  Over the next two years $45 to 60 Million went missing, and per a General Accounting Office Audit was used to insert wolves into the Upper Rockies and open an office in California, both of which the Congress had refused to fund or authorize.  This effete environmentalist spent the Bush years in a non-job post and was then made Director under Obama.  The money was never replaced, state governments went AWOL, and no one was charged after Two Congressional hearings just before a Presidential election.  Yes, such a person is no surprise in the middle of this debacle.)

    “No animal says America like the bald eagle,” Ashe said in a statement, calling recovery of the bald eagle “one of our greatest national conservation achievements.” The new rule attempts to build on that success, Ashe said, adding that the Fish and Wildlife Service is trying to balance energy development with eagle conservation. 

(If this isn’t straight out of George Orwell’s description of Newspeak, i.e. meaningless babble that cannot be challenged or understood, then I don’t know what is.)

   Wind power has increased significantly since Obama took office, and wind turbines as tall as 30-story buildings are rising across the country. The wind towers have spinning rotors as wide as a passenger jet’s wingspan, and blades reach speeds of up to 170 mph at the tips, creating tornado-like vortexes.

The birds are not endangered species but are protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The laws prohibit killing, selling or otherwise harming eagles, their nests or eggs without a permit. 

(“30-story buildings”; “passenger jet’s wingspan”; “170 mph blades”: all built in enormous acreages EXACTLY where birds migrate and soar because that is where the best and most persistent winds have occurred for centuries.  Who knew such a situation was or even could be harming birds?  No wonder NO media or environmentalists or professors said anything.  Luckily we have the likes of the USFWS enforcing these bird protection laws and state DNR’s to do thing like manipulate “Rescue” ladies to regale us with why we should stop using economical and efficient ammunition for hunting because we might kill an eagle unknowingly. Al Capone had nothing on these guys.)

    It’s unclear what toll wind energy companies are having on eagle populations, although Ashe said as many 500 golden eagles a year are killed by collisions with wind towers, power lines, buildings, cars and trucks. Thousands more are killed by gunshots and poisonings.
Reporting of eagle mortality is voluntary, and the Interior Department refuses to release the information. 

(Raise your hand if you are surprised that the Administration that gave us the Hillary/ATF/Gun Smuggling/UN Small Arms Treaty Attempt/ Fast & Furious scandal; the Lois Lerner/IRS record destruction scandal; Private computer servers in basements; and just recently refused to explain computer hacking by Russia to Congress and magically disagreement between 17 government intelligence agencies disappeared while the President says he knows all about in a press conference as he scoots out to a 17-day vacation in Hawaii – also gives us:

“It’s unclear what toll wind energy companies are having on eagle populations.”

Ashe said as many 500 golden eagles a year are killed by collisions with wind towers, power lines, buildings, cars and trucks. Thousands more are killed by gunshots and poisonings”.  This latter is a lie.  If there was anything near this USFWS would have been screaming to Congress for more employees and budget and the “Establishment” would have granted it immediately for fear of being called “anti- America’s symbol”.

Reporting of eagle mortality is voluntary, and the Interior Department refuses to release the information. These guys must have taken public information classes in Moscow.  They should be fired for such illegal public employee arrogance to cover up…??)

    The new rule is set to take effect in mid-January, days before Obama leaves office. President-elect Donald Trump could change the rule or scrap it, but the process would likely takes months or years.

(Wow, can you imagine what things would be like if President Obama hadn’t promised President-elect Trump an honest and friendly transition of power?)

    Ashe declined to be interviewed, but he said in a blog entry Wednesday the total number of eagles killed per year is likely to be in the hundreds, not thousands. 

(How does a “public” “servant” decline” to tell the public about public business that has NO security (other than the tushes of the said bureaucrats) implications?  This swamp not only needs to be “drained”; it needs to be tiled and planted for the benefit of those paying for it!)

    Michael Hutchins of the American Bird Conservancy said Wednesday that his group has “some serious concerns” that the new rule will not do not enough to sustain populations of threatened eagles. 

(The “conservation” organizations are full of these guys.  They are like draft dodgers telling little kids what they did “in the war”.  I include here all those urban “useful idiots” that harm their rural fellow citizens for their own selfish imaginings and even the sincere little old ladies that babble on and are never challenged like some minority spouting nonsense or a terrorist-looking man or women stranger that shows up in some public gathering wearing heavy clothing and a backpack.  All of them intend to force the rest of us to submit to th+++eir vision of a society they run and we either submit or lose our rights or worse.

Yesterday I received an email telling me I was accusing Obama and his Administration unjustly of doing bad things as they went out the door.  The writer inferred that I must be a racist to be so anti-Obama.  Well, make your own decision here but I, for one, am glad to be done with them.  And as I said in the title, “don’t let the door hit you in the &$$ on the way out!”

Jim Beers

17 December 2016

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Wish to Be a Lynx Rather Than an Eagle

Actually, animals don’t matter when it comes to politics and profits.

But don’t go look!

Which reminds of the story of Barack “Walking Eagle” Obama, at a press conference, attempting, in his mumbling, stumbling, knuckle-dragging way, to speak about the need to protect the spotted owl. He told of the time he once ate a spotted owl. One reporter asked what it tasted like and he replied, “It was a cross between a bald eagle and a northern loon.”

If Obama’s greenie projects, to repay the cronies that got him elected, wanted to be put windmills up in the middle of the largest population of nesting spotted owls, you can bet it would happen.

We now see how, depending upon which environmental group and who forked over the most money for Obama’s “selection,” there is no rhyme or reason nor consistency in the hows and whys of the issuance of Incidental Take Permits – a Federal license to kill endangered animals.

So that Obama can pay off his political payback bills to his hacks before leaving office, in order for some of his crony wind farm owners to build their 500-plus windmill project, the Government is going to issue them an Incidental Take Permit to kill as many as 2 bald eagles and 14 golden eagles a year. The deaths occur from rotating windmill blades chopping the eagles and many other bird species into chucks fit for a stew. (Rumor has it the “road kill” is used in dog food.)

A previous study showed that such a wind project would result from between 46 and 64 eagle deaths. But, that information was discarded because it didn’t fit the president’s narrative on cronyism.

In comparison, Maine, in recent years, was issued an Incidental Take Permit that would allow trappers to kill one half a Canada lynx a year for ten years. Sound equitable to you? What a deal!

If lynx could fly, one has to wonder if some of the wind projects in Maine would have been granted Incidental Take Permits allowing for the destruction of 46 to 64 lynx over a prescribed period of time.

More information on the Incidental Take Permit for Eagles in Colorado.

Some online comments here.

And information about Obama’s environmental buddies putting up reward money to prosecute whoever killed two Canada lynx in Maine recently.

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Presidential Determination No. 2017-01 of November 14, 2016

Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012

Memorandum for the Secretary of State[,] the Secretary of the Treasury[, and] the Secretary of Energy

By the authority vested in me as President by the Constitution and the laws of the United States, after carefully considering the reports submitted to the Congress by the Energy Information Administration including the report of September 7, 2016, and other relevant factors, including global economic conditions, increased oil production by certain countries, the level of spare capacity, and the availability of strategic reserves, I determine, pursuant to section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112- 81, and consistent with my prior determinations, that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions. However, consistent with U.S. commitments specified in the Joint Comprehensive Plan of Action (JCPOA), the United States is no longer pursuing efforts to reduce Iran’s sales of crude oil. The United States action to fulfill these commitments became effective upon reaching Implementation Day under the JCPOA, which occurred once the International Atomic Energy Agency verified that Iran had implemented key nuclear-related steps specified in the JCPOA to ensure that its nuclear program is and will remain exclusively peaceful.

I will continue to monitor this situation closely.

The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, November 14, 2016 [FR Doc. 2016-28795 Filed 11-25-16; 11:15 am] Billing code 4710-10-P

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Proclamation 9496–Northeast Canyons and Seamounts Marine National Monument

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

For generations, communities and families have relied on the waters of the northwest Atlantic Ocean and have told of their wonders. Throughout New England, the maritime trades, and especially fishing, have supported a vibrant way of life, with deep cultural roots and a strong connection to the health of the ocean and the bounty it provides. Over the past several decades, the Nation has made great strides in its stewardship of the ocean, but the ocean faces new threats from varied uses, climate change, and related impacts. Through exploration, we continue to make new discoveries and improve our understanding of ocean ecosystems. In these waters, the Atlantic Ocean meets the continental shelf in a region of great abundance and diversity as well as stark geological relief. The waters are home to many species of deep-sea corals, fish, whales and other marine mammals. Three submarine canyons and, beyond them, four undersea mountains lie in the waters approximately 130 miles southeast of Cape Cod. This area (the canyon and seamount area) includes unique ecological resources that have long been the subject of scientific interest.

The canyon and seamount area, which will constitute the monument as set forth in this proclamation, is composed of two units, which showcase two distinct geological features that support vulnerable ecological communities. The Canyons Unit includes three underwater canyons — Oceanographer, Gilbert, and Lydonia — and covers approximately 941 square miles. The Seamounts Unit includes four seamounts — Bear, Mytilus, Physalia, and Retriever — and encompasses 3,972 square miles. The canyon and seamount area includes the waters and submerged lands within the coordinates included in the accompanying map. The canyon and seamount area contains objects of historic and scientific interest that are situated upon lands owned or controlled by the Federal Government. These objects are the canyons and seamounts themselves, and the natural resources and ecosystems in and around them.

The canyons start at the edge of the geological continental shelf and drop from 200 meters to thousands of meters deep. The seamounts are farther off shore, at the start of the New England Seamount chain, rising thousands of meters from the ocean floor. These canyons and seamounts are home to at least 54 species of deep-sea corals, which live at depths of at least 3,900 meters below the sea surface. The corals, together with other structure-forming fauna such as sponges and anemones, create a foundation for vibrant deep-sea ecosystems, providing food, spawning habitat, and shelter for an array of fish and invertebrate species. These habitats are extremely sensitive to disturbance from extractive activities.

Because of the steep slopes of the canyons and seamounts, oceanographic currents that encounter them create localized eddies and result in upwelling. Currents lift nutrients, like nitrates and phosphates, critical to the growth of phytoplankton from the deep to sunlit surface waters. These nutrients fuel an eruption of phytoplankton and zooplankton that form the base of the food chain. Aggregations of plankton draw large schools of small fish and then larger animals that prey on these fish, such as whales, sharks, tunas, and seabirds. Together the geology, currents, and productivity create diverse and vibrant ecosystems.

The Canyons

Canyons cut deep into the geological continental shelf and slope throughout the mid-Atlantic and New England regions. They are susceptible to active erosion and powerful ocean currents that transport sediments and organic carbon from the shelf through the canyons to the deep ocean floor. In Oceanographer, Gilbert, and Lydonia canyons, the hard canyon walls provide habitats for sponges, corals, and other invertebrates that filter food from the water to flourish, and for larger species including squid, octopus, skates, flounders, and crabs. Major oceanographic features, such as currents, temperature gradients, eddies, and fronts, occur on a large scale and influence the distribution patterns of such highly migratory oceanic species as tuna, billfish, and sharks. They provide feeding grounds for these and many other marine species.

Toothed whales, such as the endangered sperm whale, and many species of beaked whales are strongly attracted to the environments created by submarine canyons. Surveys of the area show significantly higher numbers of beaked whales present in canyon regions than in non-canyon shelf-edge regions. Endangered sperm whales, iconic in the region due to the historic importance of the species to New England’s whaling communities, preferentially inhabit the U.S. Atlantic continental margin. Two additional species of endangered whales (fin whales and sei whales) have also been observed in the canyon and seamount area.

The Seamounts

The New England Seamount Chain was formed as the Earth’s crust passed over a stationary hot spot that pushed magma up through the seafloor, and is now composed of more than 30 extinct undersea volcanoes, running like a curved spine from the southern side of Georges Bank to midway across the western Atlantic Ocean. Many of them have characteristic flat tops that were created by erosion by ocean waves and subsidence as the magma cooled. Four of these seamounts — Bear, Physalia, Retriever, and Mytilus — are in the United States Exclusive Economic Zone. Bear Seamount is approximately 100 million years old and the largest of the four; it rises approximately 2,500 meters from the seafloor to within 1,000 meters of the sea surface. Its summit is over 12 miles in diameter. The three smaller seamounts reach to within 2,000 meters of the surface. All four of these seamounts have steep and complex topography that interrupts existing currents, providing a constant supply of plankton and nutrients to the animals that inhabit their sides. They also cause upwelling of nutrient-rich waters toward the ocean surface.

Geographically isolated from the continental platform, these seamounts support highly diverse ecological communities with deep-sea corals that are hundreds or thousands of years old and a wide array of other benthic marine organisms not found on the surrounding deep-sea floor. They provide shelter from predators, increased food, nurseries, and spawning areas. The New England seamounts have many rare and endemic species, several of which are new to science and are not known to live anywhere else on Earth.

The Ecosystem

The submarine canyons and seamounts create dynamic currents and eddies that enhance biological productivity and provide feeding grounds for seabirds; pelagic species, including whales, dolphins, and turtles; and highly migratory fish, such as tunas, billfish, and sharks. More than ten species of shark, including great white sharks, are known to utilize the feeding grounds of the canyon and seamount area. Additionally, surveys of leatherback and loggerhead turtles in the area have revealed increased numbers above and immediately adjacent to the canyons and Bear Seamount.

Marine birds concentrate in upwelling areas near the canyons and seamounts. Several species of gulls, shearwaters, storm petrels, gannets, skuas, and terns, among others, are regularly observed in the region, sometimes in large aggregations. Recent analysis of geolocation data found that Maine’s vulnerable Atlantic puffin frequents the canyon and seamount area between September and March, indicating a previously unknown wintering habitat for those birds.

These canyons and seamounts, and the ecosystem they compose, have long been of intense scientific interest. Scientists from government and academic oceanographic institutions have studied the canyons and seamounts using research vessels, submarines, and remotely operated underwater vehicles for important deep-sea expeditions that have yielded new information about living marine resources. Much remains to be discovered about these unique, isolated environments and their geological, ecological, and biological resources.

WHEREAS, the waters and submerged lands in and around the deep-sea canyons Oceanographer, Lydonia, and Gilbert, and the seamounts Bear, Physalia, Retriever, and Mytilus, contain objects of scientific and historic interest that are situated upon lands owned or controlled by the Federal Government;

WHEREAS, section 320301 of title 54, United States Code (the “Antiquities Act”), authorizes the President, in his discretion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Federal Government to be national monuments, and to reserve as a part thereof parcels of land, the limits of which shall be confined to the smallest area compatible with the proper care and management of the objects to be protected;

WHEREAS, it is in the public interest to preserve the marine environment, including the waters and submerged lands, in the area to be known as the Northeast Canyons and Seamounts Marine National Monument, for the care and management of the objects of historic and scientific interest therein;

WHEREAS, the well-being of the United States, the prosperity of its citizens and the protection of the ocean environment are complementary and reinforcing priorities; and the United States continues to act with due regard for the rights, freedoms, and lawful uses of the sea enjoyed by other nations under the law of the sea in managing the canyon and seamount area and does not compromise the readiness, training, and global mobility of the U.S. Armed Forces when establishing marine protected areas;

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Federal Government to be the Northeast Canyons and Seamounts Marine National Monument (monument) and, for the purpose of protecting those objects, reserve as a part thereof all lands and interests in lands owned or controlled by the Federal Government within the boundaries described on the accompanying map entitled “Northeast Canyons and Seamounts Marine National Monument,” which is attached hereto, and forms a part of this proclamation. The Federal lands and interests in lands reserved consist of approximately 4,913 square miles, which is the smallest area compatible with the proper care and management of the objects to be protected.

The establishment of the monument is subject to valid existing rights. All Federal lands and interests in lands within the boundaries of the monument are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, leasing, or other disposition under the public land laws to the extent that those laws apply, including but not limited to, withdrawal from location, entry and patent under mining laws, and from disposition under all laws relating to development of oil and gas, minerals, geothermal, or renewable energy. Lands and interest in lands within the monument not owned or controlled by the United States shall be reserved as part of the monument upon acquisition of title or control by the United States.

Management of the Marine National Monument

The Secretaries of Commerce and the Interior (Secretaries) shall share management responsibility for the monument. The Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), and in consultation with the Secretary of the Interior, shall have responsibility for management of activities and species within the monument under the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act (for species regulated by NOAA), the Marine Mammal Protection Act, and any other applicable Department of Commerce legal authorities. The Secretary of the Interior, through the United States Fish and Wildlife Service (FWS), and in consultation with the Secretary of Commerce, shall have responsibility for management of activities and species within the monument under its applicable legal authorities, including the National Wildlife Refuge System Administration Act, the Refuge Recreation Act, and the Endangered Species Act (for species regulated by FWS), and Public Law 98-532 and Executive Order 6166 of June 10, 1933.

The Secretaries shall prepare a joint management plan, within their respective authorities, for the monument within 3 years of the date of this proclamation, and shall promulgate as appropriate implementing regulations, within their respective authorities, that address any further specific actions necessary for the proper care and management of the objects and area identified in this proclamation. The Secretaries shall revise and update the management plan as necessary. In developing and implementing any management plans and any management rules and regulations, the Secretaries shall consult, designate, and involve as cooperating agencies the agencies with jurisdiction or special expertise, including the Department of Defense and Department of State, in accordance with the National Environmental Policy Act (42 U.S.C. 4321 et seq.) and its implementing regulations. In addition, the Secretaries shall work to continue advances in resource protection in the Monument area that have resulted from a strong culture of collaboration and enhanced stewardship of marine resources.

This proclamation shall be applied in accordance with international law, and the Secretaries shall coordinate with the Department of State to that end. The management plans and their implementing regulations shall not unlawfully restrict navigation and overflight and other internationally recognized lawful uses of the sea in the monument and shall incorporate the provisions of this proclamation regarding U.S. Armed Forces actions and compliance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law. Also, in accordance with international law, no restrictions shall apply to foreign warships, naval auxiliaries, and other vessels owned or operated by a state and used, for the time being, only on government non-commercial service, in order to fully respect the sovereign immunity of such vessels under international law.

Restrictions

Prohibited Activities

The Secretaries shall prohibit, to the extent consistent with international law, any person from conducting or causing to be conducted the following activities:

1. Exploring for, developing, or producing oil and gas or minerals, or undertaking any other energy exploration or development activities within the monument.

2. Using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of a monument resource.

3. Introducing or otherwise releasing an introduced species from within or into the monument.

4. Removing, moving, taking, harvesting, possessing, injuring, disturbing, or damaging, or attempting to remove, move, take, harvest, possess, injure, disturb, or damage, any living or nonliving monument resource, except as provided under regulated activities below.

5. Drilling into, anchoring, dredging, or otherwise altering the submerged lands; or constructing, placing, or abandoning any structure, material, or other matter on the submerged lands, except for scientific instruments and constructing or maintaining submarine cables.

6. Fishing commercially or possessing commercial fishing gear except when stowed and not available for immediate use during passage without interruption through the monument, except for the red crab fishery and the American lobster fishery as regulated below.

Regulated Activities

Subject to such terms and conditions as the Secretaries deem appropriate, the Secretaries, pursuant to their respective authorities, to the extent consistent with international law, may permit any of the following activities regulated by this proclamation if such activity is consistent with the care and management of the objects within the monument and is not prohibited as specified above:

1. Research and scientific exploration designed to further understanding of monument resources and qualities or knowledge of the North Atlantic Ocean ecosystem and resources.

2. Activities that will further the educational value of the monument or will assist in the conservation and management of the monument.

3. Anchoring scientific instruments.

4. Recreational fishing in accordance with applicable fishery management plans and other applicable laws and other requirements.

5. Commercial fishing for red crab and American lobster for a period of not more than 7 years from the date of this proclamation, in accordance with applicable fishery management plans and other regulations, and under permits in effect on the date of this proclamation. After 7 years, red crab and American lobster commercial fishing is prohibited in the monument.

6. Other activities that do not impact monument resources, such as sailing or bird and marine mammal watching so long as those activities are conducted in accordance with applicable laws and regulations, including the Marine Mammal Protection Act. Nothing in this proclamation is intended to require that the Secretaries issue individual permits in order to allow such activities.

7. Construction and maintenance of submarine cables.

Regulation of Scientific Exploration and Research

The prohibitions required by this proclamation shall not restrict scientific exploration or research activities by or for the Secretaries, and nothing in this proclamation shall be construed to require a permit or other authorization from the other Secretary for their respective scientific activities.

Emergencies and Law Enforcement Activities

The prohibitions required by this proclamation shall not apply to activities necessary to respond to emergencies threatening life, property, or the environment, or to activities necessary for law enforcement purposes.

U.S. Armed Forces

1. The prohibitions required by this proclamation shall not apply to activities and exercises of the U.S. Armed Forces, including those carried out by the United States Coast Guard.

2. The U.S. Armed Forces shall ensure, by the adoption of appropriate measures not impairing operations or operation capabilities, that its vessels and aircraft act in a manner consistent so far as is practicable, with this proclamation.

3. In the event of threatened or actual destruction of, loss of, or injury to a monument resource or quality resulting from an incident, including but not limited to spills and groundings, caused by a component of the Department of Defense or the United States Coast Guard, the cognizant component shall promptly coordinate with the Secretaries for the purpose of taking appropriate action to respond to and mitigate any harm and, if possible, restore or replace the monument resource or quality.

4. Nothing in this proclamation or any regulation implementing it shall limit or otherwise affect the U.S. Armed Forces’ discretion to use, maintain, improve, manage or control any property under the administrative control of a Military Department or otherwise limit the availability of such property for military mission purposes, including, but not limited to, defensive areas and airspace reservations.

Other Provisions

Nothing in this proclamation shall be deemed to revoke any existing withdrawal, reservation, or appropriation; however, the monument shall be the dominant reservation.

Warning is hereby given to all unauthorized persons not to appropriate, excavate, injure, destroy, or remove any feature of this monument and not to locate or settle upon any lands thereof.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of September, in the year of our Lord two thousand sixteen, and of the Independence of the United States of America the two hundred and forty-first.

BARACK OBAMA

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I’m Not Paying For That F***ing Wall

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Obama Bypasses Congress; New England Legislatures to Create Yet Another National Monument

Press Release from the National Center for Public Policy Research:
Reform Needed, Group Says: No President Should Be Able to Create a 5,000-Square-Mile National Monument Without Consulting Congress and Affected States

National Center for Public Policy Research Calls on Congress to Repeal 1906 Law that Allows Presidents of Both Parties to Bypass States and Localities When Creating National Monuments

Says States Lose Opportunities for Environmental Management of Lands After Monument Designations Are Made

Hiking, Fishing, Swimming, Hunting and Other Uses Also Often Are Restricted, which In Turn Kills Local Jobs and Reduces Local Tax Revenues

Washington, D.C.  R.J. Smith and Bonner Cohen, senior fellows for environmental policy at the National Center for Public Policy Research, are responding to the White House’s announcement that President Obama is today unilaterally creating a new 5,000-square-mile national monument off the coast of New England.

President Obama is creating the monument without the approval of Congress or local state legislatures under the 1906 Antiquities Act, and has chosen the name “The Northeast Canyons and Seamounts Marine National Monument.”

“The 1906 Antiquities Act was designed to allow presidents to protect the theft of items from ancient Indian archaeological sites, and significant natural items such as fossils or petrified wood,” said Amy Ridenour, chairman of the National Center for Public Policy Research. “Because the scope of the Act was perceived to be limited, and due to the slowness of communication and transportation during that era, the Act was written not to require Congressional or local approval for monument designations.”

“Communications and transportation technologies have advanced tremendously in 110 years while presidents of both parties have exploited the Act to expand federal land control in ways never dreamed of by Congress in 1906,” Ridenour continued. “The National Center for Public Policy Research has called on Congress to repeal the Antiquities Act of 1906 and replace it with a law that allows not just Presidents, but Congress, affected states, and affected localities to have a say in federal monument designations. These designations affect states and localities tremendously. Unknown to most, they limit environmental management of affected lands. They also limit multiple-use activities such as hiking and fishing, and kill jobs and with them the loss of local tax revenues, which in turn affects revenues of local public schools and public services.”

The National Center for Public Policy Research published a new paper, “Time to Repeal the Antiquities Act of 1906,” by R.J. Smith earlier this week. It is available online here.

Robert J. Smith:

President Barack Obama and his out-of-control pen seem to be on a mission to demonstrate disregard of the Congress and the American people. He is accelerating the pace of his use of the long out-of-date Antiquities Act of 1906 to lock up vast expanses of the nation’s land and waters — in no-use or extremely limited-use categories. He is effectively creating national parks and wilderness areas — areas traditionally under the purview of the Congress.

He is doing this against the wishes of state, county and local officials and the working men and women in or adjacent to those areas.

Such designations, if they are to be created at all, should be done following careful debate by the U.S. Congress and the officials of the affected areas.

The President should be representing the interests of all Americans and not just a crusade to please the radical Green fringe. Hopefully, his actions of the past few weeks will be of such concern to members of Congress that they will begin immediate efforts to repeal this antiquated law and return the management decisions of our land and water to the American people.

R.J. Smith has served as a senior fellow in environmental policy at The National Center for Public Policy Research since 2005. Once president of a local Audubon Society chapter, Mr. Smith has studied environmental policy for nearly forty years and coined the term “free market environmentalism.” He has served as a consultant to the U.S. Department of the Interior, a consultant to the President’s Council on Environmental Quality, and as a special assistant at the EPA.

Bonner Cohen, Ph.D.:

The Administration’s alleged concern for undersea wildlife is ludicrous. This is the same Administration that has proposed giving operators of giant industrial, and taxpayer-subsidized, wind facilities 30-year permits to kill thousands of eagles and other birds. The area’s red crab fishery already operates under a management plan that has been certified by the independent Marine Stewardship Council. These are the kinds of arrangements that protect rare species and the livelihoods of fishermen. We see how well the Washington ‘protects’ eagles and other avian species on wind-farm-laden federal land. Who can seriously believe they’ll do a better job in the Atlantic Ocean?

Bonner R. Cohen is a senior fellow at the National Center for Public Policy Research. His articles have appeared in the Wall Street Journal, Forbes, Investor’s Business Daily, the New York Post and dozens of other publications. He has testified before U.S. Senate and House committees and has spoken at conferences on three continents, and is the author of two books, including “The Green Wave: Environmentalism and its Consequences (Washington: Capital Research Center, 2006).”

*     *     *

The National Center for Public Policy Research, founded in 1982, is a non-partisan, free-market, independent conservative think-tank. Ninety-four percent of its support comes from individuals, less than four percent from foundations, and less than two percent from corporations. It receives over 350,000 individual contributions a year from over 96,000 active recent contributors. Sign up for free issue alerts here or follow us on Twitter at @NationalCenter.

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I Understand Your Struggle…You Idiot!

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