Saving Seafood

Quit crabbing: Obama creates major no-go zone for fishermen in the Atlantic

September 16, 2016 — President Barack Obama has created a 4,900 square mile no-go zone for commercial fishing and other activity off the coast of New England as the first-ever Atlantic marine monument, a move loudly hailed by many environmentalists, but drawing strong protests from the fishing industry as well as causing discomfort among some prominent Democratic politicians whose constituents  are affected.

According to the White House, the newly protected zone, which focuses on a section of the lip of the continental shelf near the fishing grounds of Georges Bank, “includes three underwater canyons deeper than the Grand Canyon and four underwater mountains known as ‘seamounts’ that are biodiversity hotspots and home to many rare and endangered species.”

But the area now known as the Northeast Canyons and Seamounts Marine National Monument is also the site of  rich lobster and crab fisheries and other commercial fishing activities that are overseen by regional fisheries management councils and are considered to be well-managed, sustainable activities. Some of the fisheries have self-imposed  restrictions that are tougher than those laid out by the regulators—and also fish at sea levels far above the ocean bottoms that the marine preserve claims to protect.

Under the monument designation, commercial fishermen have 60 days to depart from the area. Lobster and crab fishermen have been given a seven-year phase-out  provision. Recreational fishing will continue to be allowed.

As he did last month in creating a new Pacific marine preserve that is now the largest marine set-aside in the world, Obama used the Antiquities Act of 1906, which allows creation of the protected area by decree  rather than the normal legislative process—a procedure that has drawn as much criticism from fishing communities as the creation of the preserve itself.

In a press release, the Atlantic Offshore Lobstermen’s Association declared that “We find it deplorable that the government is kicking the domestic fishing fleet out of an area where they sustainably harvest healthy fish stocks.  Declaring a monument via Presidential fiat under unilateral authority of the Antiquities Act stands contrary to the principles of open government and transparency espoused by this President.”

Ray Hilborn, a fisheries scientist who is an expert on global fishing stocks, concurs. He told Fox News, “There is simply no need for arbitrary declaration of Marine Monuments.  We have a legal framework that can protect habitats, and rebuild fish stocks that relies on scientific analysis and consultation.  If there is a real threat these areas can be closed by the fisheries management councils.  Bypassing science and consultation is a very dangerous trend.”

Read the full story at Fox News

New England Fishery Managmement Council to Weigh New Marine Monument Impacts, Implications

September 15, 2016 — The following was released by the New England Fishery Managment Council:

President Obama today announced that he had used his authority under the Antiquities Act of 1906 to establish a “Northeast Canyons and Seamounts Marine National Monument,” the first of its kind in the Atlantic Ocean. The New England Fishery Management Council, which has been working for several years to develop its own coral protection measures throughout a significantly broader sweep of this offshore area, will now turn its efforts toward analyzing the impacts and implications of the newly established marine monument and determining how the designation affects the work that already has been conducted under the Council’s draft Omnibus Deep-Sea Coral Amendment.

The 4,913-square-mile monument encompasses three deep-sea canyons – Oceanographer, Gilbert, and Lydonia – as well as four seamounts – Physalia, Bear, Retriever, and Mytilus – that also were proposed for additional protection under the Council’s Coral Amendment.

However, the Council will need to reassess its management strategy given these new developments. Next week, the full Council will meet in Danvers, Massachusetts and discuss “next steps” for how the Habitat Committee should proceed given that some of the actions in the Coral Amendment have been superseded by the monument’s establishment.

“The monument area does overlap some of the proposals in our own Coral Amendment,” said Council Vice Chairman Dr. John Quinn, who also chairs the Council’s Habitat Committee. “Since there’s no need for duplication of conservation measures, I expect those alternatives to be removed.”

The Council is expected to continue working on numerous other provisions within its Coral Amendment, which covers 15 additional deep-sea canyons on Georges Bank, as well as areas of the continental slope between those canyons.

Commercial fishing will be prohibited within the Northeast Canyons and Seamounts Marine National Monument, although the Administration is giving lobster and deep-sea red crab fishermen a seven-year exception to phase out fishing activities and exit the area. Other impacted fishermen, such as whiting and squid harvesters, will have 60 days to transition out. Recreational fishing will be allowed.

According to the White House, “The geographic boundaries of the monument have been narrowly tailored based on the best available science and stakeholder input.”

Acknowledging this statement, Council Chairman Terry Stockwell said, “The designation is smaller than proposals circulated earlier in the process, indicating an effort to at least partly address fishing industry concerns.”

The New England Council never took a formal position on any of the marine monument proposals that were put forward over the past year for this region. However, the Council was a signatory to the position developed last spring by the Council Coordination Committee (CCC), a body that pulls together the leadership teams of the nation’s eight Regional Fishery Management Councils.

The CCC, in a late-June letter to the President, requested that, in the event of a marine monument designation, the Councils be allowed to continue managing fishing and habitat related activities under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), as has been the case since the Act was first passed by Congress in 1976 and implemented in 1977.

The MSA requires that fishery regulations be developed through a science-based, open, and very transparent public process where all stakeholders can participate in the discussion within multiple venues, including through advisory panel and committee meetings, workshops, scientific meetings, full Council meetings, and, these days, through webinars.

Chairman Stockwell said, “The position of all eight Councils is that we still prefer to be allowed to continue managing fishing activity and establishing essential fish habitat designations under the MSA.”

About the NEFMC:
The New England Fishery Management Council, one of eight regional councils established by federal legislation in 1976, is charged with conserving and managing fishery resources from three to 200 miles off the coasts of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut.

Northeast Fishing Groups Question Legality of Antiquities Act in Monument Designation

September 14, 2016 (NCFC) — In a letter today to Christy Goldfuss, Managing Director of the White House Council on Environmental Quality, representatives of the Atlantic offshore lobster, red crab, squid, and whiting fisheries challenged the legality of the use of the Antiquities Act in the declaration of a new marine monument off the coast of New England.

I. THE ANTIQUITIES ACT DOES NOT ALLOW FOR MARINE MONUMENT DESIGNATION IN THE EXCLUSIVE ECONOMIC ZONE 

The letter, which was authored by attorneys from law firm Kelley Drye & Warren, representing the fisheries, argued the President’s use of the Antiquities Act to declare new marine monuments in the United States’ exclusive economic zone (EEZ) is “an illegal and illegitimate use of presidential authority.” The letter specifically notes the legal contradiction between the applicability of the Antiquities Act – passed in 1906 – and the EEZ, which was not established until 1976.

“The Antiquities Act did not apply to areas to which Congress staked its MSA [Magnuson-Stevens Act]-based claims, moreover, because the United States had never claimed any right or authority to manage the area for fisheries, natural resource protection, or anything else, prior to 1976”, the letter states. “Indeed, the MSA provides that it is “to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources.”

II. FISHERIES ARE BEST MANAGED UNDER THE MSA 

According to the letter, fisheries should instead be managed under the process established by the Magnuson-Stevens Act, particularly the successful marine conservation efforts undertaken by the New England and Mid-Atlantic Fishery Management Councils. The councils are required to operate according to science-based management.

“The MSA requires decisions to be made based on the best scientific information available,” the letter states. “In complete and total contrast, the monument ultimately designated in the Atlantic was largely the result of a series of political compromises layered with a thin veneer of public outreach.”

III. THE PROPOSAL IS NOT NARROWLY TAILORED AS REQUIRED UNDER THE ANTIQUITIES ACT 

Finally, existing federal law requires monuments to be as tightly confined to the area necessary to accomplish their objectives as possible. The letter states this is not the case for the proposed monument in the Atlantic.
“The proposal for a monument designation in the Northwest Atlantic canyons is not narrowly tailored to achieve its objectives,” the attorneys wrote. “Unlike the deliberative, scientifically- based fishery management council activities to protect habitat based on the presence of or suitability for corals, a restricted fishing area based solely on geographic location and depth contour is neither narrowly tailored, nor practically defensible.”

For further information or to arrange interviews with any of the fishermen mentioned in the letter, please contact NCFC Executive Director Bob Vanasse at bob@savingseafood.org.

Read the full letter here

Majority of US Seafood Producers Call to Stop Undermining Magnuson with End Run for Marine Monuments

September 13, 2016 — WASHINGTON — SEAFOOD NEWS — The US has one of the most highly successful systems for managing living marine resources in the world.  Under the Magnuson Act, stakeholders come together to determine fisheries management policy, guided by the best available science.  The result has been a huge rebuilding of US fish stocks, and the protection of essential habitat.  Many tradeoffs have been made to create closed areas, and to preserve fishing rights where coastal conditions support them.

The keys to this success are first, the decision process is completely open and transparent.  Every argument and decision is made in open forums, and according to the best available science.  This limits the ability to use fisheries resources to score political points.

Both Canada and Europe’s fisheries suffered greatly as governments for years abused their authority by trading fishing privileges for other political favors; with the result that these stocks have been significantly overfished. Only in the last few years has this process begun to be reversed.

Use of the Antiquities Act to create marine monuments, although legal, makes an end run around both state and federal management systems, and in short trades monument designations, made without public review,  for political gain.

Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers. (Letter)

The letter has over 900 fishing industry signers and is supported by 35 fishing organizations that together represent a significant majority of domestic seafood producers.  It urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of the past and ongoing efforts of almost everyone involved to continue to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

U.S. Seafood Producers to White House: Don’t Harm Fisheries for Ocean Monuments

September 12, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers.

The letter, with over 900 fishing industry signers and supported by 35 fishing organizations that represent the majority of domestic seafood harvesters, instead urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of past and ongoing efforts to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

Today’s letter was signed by the following fishing organizations:

  • Alaska Bering Sea Crabbers
  • American Scallop Association
  • American Albacore Fisheries Association
  • At-Sea Processors Association
  • Atlantic Bluefin Tuna Association
  • Atlantic Offshore Lobstermen’s Association
  • California Fisheries and Seafood Institute
  • California Lobster & Trap Fishermen’s Association
  • California Sea Urchin Commission
  • California Wetfish Producers Association
  • Coalition of Coastal Fisheries
  • Coos Bay Trawlers
  • Directed Sustainable Fisheries
  • Fisheries Survival Fund
  • Fishermen’s Dock Co-Op
  • Garden State Seafood Association
  • Golden King Crab Coalition
  • Groundfish Forum
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • Midwater Trawlers Cooperative
  • National Fisheries Institute
  • North Carolina Fisheries Association
  • Oregon Trawl Commission
  • Organized Fishermen of Florida
  • Pacific Coast Federation of Fishermen’s Associations
  • Pacific Seafood Processors Association
  • Pacific Whiting Conservation Cooperative
  • Southeastern Fisheries Association
  • Sustainable Fisheries Coalition
  • United Catcher Boats
  • Ventura County Commercial Fishermen’s Association
  • Washington Trollers Association
  • West Coast Seafood Processors Association
  • Western Fishboat Owners Association

Read the letter here

National Marine Monument off New England coast?

September 12, 2016 — The third installment of the Our Ocean forum will convene in Washington, D.C., this week and the betting window is open on whether the Obama administration will use the event to announce the designation of new National Marine Monuments.

No one — neither conservationists nor fishing stakeholders — claims to know exactly what will happen when the two-day, international event opens Thursday. But it has not escaped anyone’s attention that the Obama administration has used the same forum in the past to make similar announcements.

[In March], in a victory for fishing stakeholders, the White House’s Council on Environmental Quality removed Cashes Ledge, which sits about 80 miles off of Gloucester, from consideration as a possible site for a new National Marine Monument.

The Obama administration’s decision not to use the Antiquities Act to designate any portion of Cashes Ledge as a monument validated fishing stakeholders and others who characterized the proposal — which originated with the Conservation Law Foundation, the Natural Resources Defense Council and Pew Charitable Trusts — as an end-run around the existing fisheries management system and wholly unnecessary given the existing protections already afforded the area.

Cashes Ledge currently is closed to commercial fishing.

In the wake of that defeat, conservationists redoubled their lobbying efforts, urging Obama to invoke the 1906 Antiquities Act to unilaterally designate a number of potential sites, including canyons and seamounts off southern New England and off the coast of Monterey, California, as Maritime National Monuments.

“All eyes are on the canyons and seamounts,” said Jackie Odell, executive director of the Gloucester-based Northeast Seafood Coalition.

Read the full story at the Gloucester Times

Late-term Obama, GOP clash over monuments

September 6, 2016 — President Obama likely isn’t finished using his authority to unilaterally protect land and water as national monuments.

Environmentalists are hoping that Obama will continue his string of monument designations in his final months in office, following the footsteps of many of his predecessors who used the end of their presidencies for major land protections.

Conservationists hope Obama will set aside a massive area in the Atlantic Ocean off Cape Cod, a large swath of land in Utah that American Indian tribes believe to be sacred, an area upstream of the Grand Canyon that’s been eyed for uranium mining and a mountain range near El Paso, Texas, among other locations.

With Congress gridlocked and unable to pass major legislation regarding public lands, greens, Democrats and local advocates near the proposed monuments are calling on Obama to keep bypassing Congress to protect land and water areas.

But nearly every proposal to protect an area from various types of harm and development carries opposition from some locals and industries whose activities could be curtailed or stopped.

Republicans also want to stop Obama and repeal the 1906 Antiquities Act, which the president has used to protect lands.

They say Obama is stretching the law with his monument designations to take unilateral action when Congress will not help, like he has on immigration and climate change.

Read the full story at The Hill

WPRFMC: Papahanaumokuakea expansion is ‘arbitrary,’ ignores latest science

September 2, 2016 — Using the power given to presidents under the 1906 National Antiquities Act, [President] Obama has now set aside more than twice as much land and water as any president before him. His latest national monument is in the middle of the Pacific Ocean in waters near the Hawaiian islands.

The president is quadrupling an area first protected by President George W. Bush 10 years ago. It’s called the Papahanaumokuakea Marine National Monument.

Matt Rand, who directs the Global Ocean Legacy Project with the Pew Charitable Trusts, says expanding Papahanaumokuakea keeps [environmental] momentum going in a big way.

“Before President Obama expanded it, it [Papahanaumokuakea] had fallen to the 10th largest marine reserve, which is actually great news,” Rand said. “That means 10 other countries, and 10 other marine reserves, went and one-upped the original Papahanaumokuakea.”

Once again, it’s the largest marine sanctuary in the world.

“Our hope is that President Obama’s bold action now starts another race to protect the ocean,” Rand said.

But that’s sure to be met with stiff resistance from the fishing industry. Paul Dalzell, a senior scientist with the Western Pacific Regional Fishery Management Council in Hawaii, said they’ve set up their own protections to maintain healthy fish populations with things like catch limits. He said the new marine sanctuary is arbitrary and ignores the latest science.

“These environmentalists are going to try to protect something whether that protection is warranted or not,” Dalzell said. “They’re professional advocates, and it’s their job to find something to protect.”

Environmentalists argue that marine sanctuaries can actually help the fishing industry. Setting up marine protections strengthens ecosystems. This, in turn, promotes more productive fisheries outside of protected areas.

Dalzell sees things another way. He said limiting the areas where they traditionally fish will allow foreign fishermen to take away some of their market share.

“How would you like to be told, ‘We’re going to take away 10 percent of your income, but you’re free to go find other work that will make that up?” said Dalzell.

Read the full story at KBIA

Undersea monument plan advocates hear fishermen’s concerns

August 31, 2016 — MYSTIC, Conn. — One hundred and fifty miles east of Cape Cod, a unique undersea landscape of deep canyons and high mountains supports a diverse ecosystem, abundant with colorful corals, fragile sponges, beaked whales, dragonfish and mussels adapted to living in methane hydrate seeps, that is being considered for protection as a National Monument.

Two leading advocates for the designation, which would be given by President Barack Obama under the American Antiquities Act before he leaves office in January, explained why they are lobbying for the designation Tuesday to an audience of both conservation advocates and commercial fishing representatives concerned about losing valuable fishing grounds.

U.S. Sen. Richard Blumenthal, D-Conn., and Peter Auster, retired University of Connecticut marine science professor and currently the senior research scientist at the Mystic Aquarium, made their case for declaring the New England Coral Canyons and Seamounts as a Marine National Monument during a program Tuesday evening at the aquarium.

But commercial fishing groups say the designation would cut off their access to productive areas for red crab, swordfish, tuna and offshore lobster harvests, among other species.

“Those areas have been used for hundreds of years,” said Joe Gilbert, owner of Empire Fisheries, which has operations in southeastern Connecticut and elsewhere along Long Island Sound.

He and other fishing representatives argued that if Obama uses the executive authority afforded him in the Antiquities Act to designate the area a monument, the federal and regional fisheries regulatory processes that require public input would be circumvented.

“We feel disenfranchised at this point,” Gilbert said.

Eric Reid of North Kingstown, R.I., who represents commercial fishing interests on the New England Fishery Management Council, said creating the monument would cause “localized economic damage” to the already stressed fishing industry, and advocated for a compromise being recommended by the Atlantic States Marine Fisheries Commission.

Read the full story at The Day

 

Environmentalists push for Atlantic Marine Monument

August 30, 2016 — President Obama made history last week when he more than quadrupled the size of a protected marine area off the coast of Hawaii, safeguarding fragile coral reefs and thousands of species that depend on the Pacific Ocean habitat.

Now conservationists hope the administration will protect the Atlantic Ocean’s deep-sea treasures.

Conservationists have called on the president to use his executive power to designate 6,180 square miles encompassing eight canyons and four seamounts as the New England Coral and Seamounts National Monument.

If the president heeds their advice, fishing groups warn the move would shut down portions of a productive $15 million lobster and crab fishery along the edges of the offshore canyons—and unnecessarily outlaw fishing within the zone’s borders for tuna and other open-ocean species that pass through the water column but don’t dwell on the seabed.

“What’s at issue is the lack of transparency in establishing a national monument,” said Robert Beal, executive director of the Atlantic States Marine Fisheries Commission, which is in charge of managing near-shore fishery resources for 15 coastal states. “If these large boxes are drawn and large areas of the ocean are deemed off-limits, than there is going to be a lot of fishing opportunities displaced or stopped altogether.”

Typically, state and interstate fishing councils are part of the public debate on determining fishery closures and habitat protection zones. That’s how the Mid-Atlantic Fishery Management Council moved to ban bottom trawling in 2015 along more than 35,000 square miles of seafloor from Long Island to North Carolina, just south of the proposed national monument area.

But with the Antiquities Act—a law presidents since Theodore Roosevelt have used to protect iconic landscapes such as Mount Olympus in Washington, the Grand Canyon in Arizona, and Muir Woods in California—Obama could decide to fully protect the region without input from the fishing industry.

Past presidents have mostly used the authority to preserve land from development. The first president to use the power offshore was George W. Bush, who established the Papahānaumokuākea Marine National Monument in 2006.

“It’s frustrating because that power is meant to close off the smallest amount of area as possible that needs protecting, and that’s not the case here,” said Robert Vanasse, executive director of Saving Seafood, a fishing industry advocacy group.

He said the proposed national monument boundaries outlined by Connecticut’s congressional delegation and led by Sen. Richard Blumenthal, D-Conn., bans fishing far away from the most sensitive coral habitat and could unnecessarily hinder fishing industries that don’t target bottom-dwelling species. Vanasse’s group, along with the fisheries commission, is asking that if the regions are declared a national monument, fishing be allowed up to depths of 3,000 feet.

“If they really just want to protect the seamounts and the canyons, why would you want to stop fishing over them?” Vanasse said. “You don’t tell planes to stop flying over Yosemite.”

Read the full story at Take Part