President Biden Signs Executive Orders on Arctic, Border Refuges, Marine Monuments

On January 20, 2021, the United States of America swore in its new President, Joseph R. Biden, Jr, and its new Vice President, Kamala D. Harris. Along with the new Biden Administration, Vice President Harris also swore in three new Democratic Senators, flipping the upper chamber to Democratic control. Margins in both the House of Representatives and the Senate are razor-thin, meaning almost any legislation will require bipartisan support to pass.

The National Wildlife Refuge Association sent its recommendations to the Biden Transition Team, and we look forward to working with them to advance their agenda to protect wildlife and refuge habitat. 

Prickly wild roses (Rosa acicularis) in Arctic National Wildlife Refuge’s boreal forest by USFWS

Prickly wild roses (Rosa acicularis) in Arctic National Wildlife Refuge’s boreal forest by USFWS

For wildlife conservation, much is going to change from the last four years. Last night, President Biden signed an executive order on climate change that impacted two different national wildlife refuges. In the Arctic National Wildlife Refuge, the President placed a temporary moratorium on oil and gas development on the coastal plain. He has asked the Secretary of the Interior (he has nominated New Mexico Representative Deb Haaland to the position, but no confirmation hearing has been scheduled) to examine the potential environmental impacts of the oil and gas program on the refuge.

President Biden, cannot, however, unilaterally terminate any oil and gas development in the Arctic NWR. The 1002 coastal plain was opened, and the purpose of the refuge changed, in the 2017 Tax Act. A lease sale was required in that legislation, which netted a mere $14 million, or $26 an acre. Further legislation must be passed by Congress to reverse the Tax Act. The National Wildlife Refuge Association is working with Congress to ensure this language is included in legislation in 2021.

Sea urchin and coral species in Northeast Canyons and Seamounts Marine National Monument by NOAA

Sea urchin and coral species in Northeast Canyons and Seamounts Marine National Monument by NOAA

Also included in this same executive order on climate change was a directive for the Interior Secretary to review the orders on monuments, including the Northeast Canyons and Seamounts Marine National Monument. We are very engaged in making sure the Proclamation of June 5, 2020, is reversed and commercial fishing is again banned within these marine national monument boundaries. Thankfully, the Pacific Marine National Monuments boundaries and uses were not changed during the last four years. 

One thing we did learn from the controversy surrounding the Northeast Canyons and Seamounts MNM in 2020 is that, legally, it is not clear whether this MNM is included in the National Wildlife Refuge System. We will work with the Chief of the NWRS and the Director of the U.S. Fish and Wildlife Service to ensure the proper steps are taken to guarantee this Atlantic monument the full protections of the System.

Buenos Aires National Wildlife Refuge by USFWS

Buenos Aires National Wildlife Refuge by USFWS

We are also thrilled to report a second executive order which will stop the construction of border fencing along the U.S./Mexico border. Four border refuges have been heavily impacted, from both habitat fragmentation and clear-cutting to draining of underground aquifers—Cabeza Prieta NWR, San Bernardino NWR, and Buenos Aires NWR in Arizona, and Lower Rio Grande NWR in Texas. Congress prohibited construction on the Santa Ana NWR in south Texas, but clear-cutting occurred right up to its boundaries.  

All four of these national wildlife refuges are now marred by tall, metal bollard fencing that has completely cut off migration corridors and destroyed desert and river habitats. It will take decades and millions of dollars to repair the damage wrought.

The National Wildlife Refuge Association is looking forward to working with the 117th Congress and the new Biden Administration to protect and restore the National Wildlife Refuge System, and to ensure that funding is increased to at least $600 million in Fiscal Year 2022.