Saving Seafood

‘That Ocean Belongs To Us,’ Former Governor Tells Feds

July 27, 2016 — Former Gov. George Ariyoshi said Tuesday that he doesn’t want “somebody from the outside” dictating how Hawaii residents can use the waters around the Northwestern Hawaiian Islands.

A few dozen opponents of the proposed fourfold expansion of Papahanaumokuakea Marine National Monument stood behind him in the Capitol Rotunda, holding signs saying “Not so fast” and “Protect our local food source.”

“That ocean belongs to us,” Ariyoshi said.

Former U.S. Sen. Dan Akaka followed suit, saying the public needs to know more about the proposal before President Barack Obama considers using his executive authority under the Antiquities Act to expand the monument.

“It’s unconscionable for us to enact a new policy of expanding Papahanaumokuakea without proper transparency,” Akaka said. “What does it do to the people of Hawaii?”

Supporters — a few of whom were at the rally to try to counter the opposition — want the president to expand the monument in September when Hawaii hosts the world’s largest conservation conference. The International Union for the Conservation of Nature’s World Conservation Congress is set to meet in Honolulu Sept. 1-10.

While no public hearings are required, the National Oceanic and Atmospheric Administration and U.S. Fish and Wildlife Service are planning to hold two public meetings next week, one on Oahu and the other on Kauai.

Opponents say that’s not good enough. Hawaii Longline Association President Sean Martin said the feds should have a more robust public process to vet the proposal, one in which comments are tabulated and and submitted. 

Read the full story at the Honolulu Civil Beat

SENATOR DANIEL AKAKA, GOVERNOR GEORGE ARIYOSHI, GOVERNOR BENJAMIN CAYETANO: OHA’s Power Grab will harm State’s ability to continue trust responsibility to Native Hawaiians

July 27, 2016 — The following is an excerpt from a letter to President Barack Obama published in the Hawai’i Free Press:

We oppose the proposed expansion of the Papahanaumokuakea Marine National Monument (PMNM).Native Hawaiian rights and Hawaii State rights have not been considered and there is no transparency in this process. No economic impact study was taken to determine the impact of this proposed expansion.Hawai’i is the only State in the union comprised of small islands surrounded by the ocean and remotely located thousands of miles from any other land mass. We depend on the ocean for food, livelihood,recreation, and the perpetuity of traditional native Hawaiian cultural practices.

Hawaii is the only State that met the Convention on Biological Diversity’s Aichi Target 11 to protect 10 percent of coastal and marine areas by 2020. Nearly 23 percent of the waters surrounding Hawai’i are in no-take reserves even though scientists recommend protecting 20 percent of the waters to maintain healthy oceans.

Your office is considering using the Antiquities Act of 1906 to extend the protection of the waters and submerged lands from 50 to 200 miles offshore of the Northwest Hawaiian Islands – we oppose that.That is a 350 percent expansion of the PMNM from 140,000 square miles to 583,000 square miles. The proposed monument area is equal in size to the landmass of all of the West Coast States (Washington,Oregon and California) and Texas combined.

The proposed expansion would include the entire U.S. exclusive economic zone (EEZ) surrounding the Northwestern Hawaiian Islands (i.e., 53 percent of the EEZ around the State of Hawai’i). The expansion would prohibit the State of Hawai’i from using the living and non-living resources within the U.S. EEZ as provided for in the United Nation’s Convention on the Law of the Sea, Proclamation 5030 on the Exclusive Economic Zone of the United States, and the Magnuson-Stevens Fishery Conservation and Management Act (MSA).

See the full letter at the Hawai’i Free Press

Rep. Zeldin Secures House Passage of Proposal to Protect LI Fishermen

July 15, 2016 — Congressman Lee Zeldin (R, NY-1) announced today that an amendment he introduced in the House of Representatives to the Department of the Interior, Environment, and Related Agencies Appropriations Act of 2017 (H.R. 5538) passed the House with a vote of 225 to 202. The Zeldin amendment bars funding for the designation of any National Marine Monuments by the President in the Exclusive Economic Zone (EEZ). Marine Monuments are massive areas of ocean where fishing would be banned without consulting the local community, fishermen, or regional fisheries managers. You can watch the Congressman discuss his amendment on the House floor, by clicking here.

Congressman Zeldin said, “The Antiquities Act has been an effective tool in the past to preserve historic sites like the Statue of Liberty, but the overly broad interpretation of this law held by the current Administration is threatening to shutdown thousands of square miles of ocean from fishing through a Presidential Proclamation. My amendment ensures that this President, or the next President, does not abuse the Antiquities Act to lock out thousands of fishermen on Long Island and nationwide from portions of federal waters that contain essential fisheries. We must protect our oceans and the solution is clear—any efforts to create a marine protected area must be done through the transparent process laid out by the Magnuson-Stevens fishery conservation law, not through executive fiat that threatens to put thousands of hardworking men and women out of business. Recent Marine Monument designations proclaimed by the Obama Administration have been the largest in U.S. history, locking out fishing in perpetuity—a severe departure from the original intent of the Antiquities Act to preserve historical sites and archeological treasures. Protecting the seafood economy, coastal communities, and the hardworking men and women of the seafood industry who provide for their families through fishing is a top priority for my constituents on the east end of Long Island. I will keep fighting to get this proposal signed into law on behalf of fishermen on Long Island and throughout the nation.”

Read and watch the full story at Long Island Exchange

U.S. House Makes Strong Statement Against Marine Monument

July 14, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON (NCFC) — The U.S. House of Representatives made a strong statement against the declaration of marine monuments last night, passing an amendment offered by Congressman Lee Zeldin (R-New York) to bar funding for the designation of any National Marine Monuments by the President.  The amendment to H.R. 5538, the Fiscal Year 2017 Interior and Environment Appropriations bill, passed the House by a vote of 225-202. Congressman Zeldin represents a coastal district and the fishing hub of eastern Long Island, N.Y.

Yesterday, National Coalition for Fishing Communities (NCFC) members the Garden State Seafood Association (NJ), the Red Crab Harvesters Association (MA), the Long Island Commercial Fishing Association, and Blue Water Fisheries Inc. (NY) asked fellow NCFC members to reach out to their representatives to support the amendment. The Montauk Tilefish Association (NY) and the Monkfish Defense Fund joined them in calling for support for the amendment.

Mr. Zeldin explained that he offered the amendment to keep commercial fishermen from losing access to important fishing areas through Marine Monument Designations. Opposition to the amendment was led by Congresswoman Niki Tsongas (D-Massachusetts) and Congresswoman Chellie Pingree (D-Maine).

“As we heard at a field hearing in Riverhead, New York, unilateral marine monument designations override the current public process of established fisheries management and threatens the livelihood of the U.S. fishing industry,” said House Natural Resources Committee Chairman Rob Bishop (R-Utah).

“Congressman Zeldin’s amendment brings us one step closer to protecting local economies while safeguarding local input in management decisions,” Chairman Bishop continued. “Many Presidents—but not all—have used the Antiquities Act, but they use it sparingly. Only a few Administrations, including this one, have abused the Act. President Obama has a long history of abusing the Antiquities Act, locking up land and water with the stroke of a pen.”

“We applaud Congressman Zeldin for his leadership on protecting fishermen both in his district here on Long Island, and across America,” said Bonnie Brady of the Long Island Commercial Fishing Association.

Marine Monuments are large areas of ocean where commercial fishing would be banned without consulting the local community, fishermen, or regional fishery managers. Mr. Zeldin’s amendment mandates that, “None of the funds made available by this Act may be used to declare a national monument under section 320301 of title 54, United States Code, in the exclusive economic zone of the United States established by Proclamation Numbered 5030, dated March 10, 1983.”

The bill now goes to the U.S. Senate. Any differences between the House and Senate bills must be worked out between the two bodies, and a final bill is expected to be passed by both chambers before Sept. 30. Should the amendment survive the conference process, it will complicate the Obama Administration’s ability to act. While it would not stop a declaration, it would not allow funds to be spent to implement a declaration.

In 2014, President Obama declared a 407,000 square mile National Marine Monument in the Pacific Ocean where commercial fishing was banned and recreational fishing was severely limited.

Now important fishing areas in the Northwest Atlantic, on the West Coast, and in Alaska, where fishermen have worked for centuries, are under consideration for Monument designations with little public input and no transparency.

In a letter to House colleagues, Mr. Zeldin stated that there is an emerging national consensus that “any efforts to create marine protected areas in the EEZ must be done through the transparent and consultative process laid out by the landmark Magnuson-Stevens fishery conservation law. No one is more invested in protecting America’s waters from overfishing than the hardworking families who rely upon fishing for their livelihoods.”

Opposition to California Offshore Monuments Mounts After Draft Proposal Leaked

July 14, 2016 — SEAFOOD NEWS — What do creation of national monuments have in common? A lack of transparency when it comes to discussing the potential access restrictions with stakeholders. That same closed-door effort is happening off of California, as effort mounts to create offshore monuments on both west and east coasts.

California sport and commercial interests first became aware of the proposal to establish monuments around nine seamounts, ridges and banks (SRBs) as rumors a few months ago. In June, the industry got a look at the first proposal draft. Washington State Sen. Kevin Ranker, D-Orcas Island, was urging California state lawmakers and West Coast members of congress in Washington, D.C., to support the proposal that could make the nine areas off-limits to commercial fishing but remain open to all recreational fishing, including charter boats.

Diane Pleschner-Steele, one of the signatories to an opposition letter, noted the proponents argue the nine areas are not significant commercial fishing areas.

“However, the fishermen I’ve spoken with hotly contest that,” Pleschner-Steele, Executive Director of the California Wetfish Producers Association, said in an email. “Those are productive fishing grounds and to lose them forever would be a huge economic blow to many fishermen, processors and local communities.”

Ranker is no stranger to proposed monuments. As a co-chair of the president’s National Ocean Council’s Governance Coordinating Committee, he is one of the advisers to the NOC that provide guidance on the development of strategic action plans, policy and research priorities. In 2013, he worked with Washington leaders to create a national monument in the San Juan Islands.

Nearly 40 people representing sport and commercial fisheries signed on to a letter opposing the designation of monuments that could include Gorda Ridges and Mendocino Ridge off of northern California; Gumdrop and Pioneer seamounts, Guide Seamount and Taney Seamounts off of central California; and Rodriguez Seamount, San Juan Seamount, Northeast Bank and Tanner and Cortes Banks off of southern California.

“We oppose the designation of California offshore marine monuments that prohibit fishing under the Antiquities Act because monument status is irreversible and the Antiquities Act process involves no public peer-reviewed scientific analysis, no NEPA analysis, no public involvement or outreach to parties most impacted – no transparency,” the opponents wrote in the July 6 letter to President Obama, the Council on Environmental Quality, the secretaries of Commerce and Interior and a number of senators and congressmen.

A joint letter from the American Albacore Fishing Association and Western Fishboat Owners Association further note that some of the proponents’ data about the economic importance of the seamounts, ridges and banks is old and outdated. Some fisheries expanded their use of the offshore areas when California imposed marine protected areas in southern California in 2012.

The groups also note the Council Coordination Committee that includes members of the eight regional fishery management councils recently made a resolution that says, “therefore be it resolved, the CCC recommends that if any designations are made in the marine environment under authorities such as the Antiquities Act of 1906 that fisheries management in the U.S. EEZ waters continue to be developed, analyzed and implemented through the public process of the Magnuson-Stevens Fishery Conservation and Management Act.”

“in the even this proposal moves forward, we strongly support maintaining management of fisheries under the MSA, through the [Pacific Fishery Management Council],” AAFA and WFOA wrote.

The proponents state the sites are “for discussion purposes only; specific sites, boundaries and regulations will be determined through a robust public consultation process that includes tribes, fishermen and stakeholders. There is a full commitment to working with these interests to better understand the activities occurring in these areas and mitigate potential concern.”

Meanwhile, other groups also are preparing written comments in an effort to fend off the threat of limited access to the nine offshore areas as the opposition grows. It’s unlikely anyone from the seafood industry is fooled by some of the behind-the-scenes political maneuvering that is taking place to create the monuments.

“In our opinion, which is informed by the lack of any attempt at collaboration with industry, this proposal is no more than legacy, political ambition and preservation being prioritized over the best available science and a multi-lateral, collaborative political process in the design of marine conservation measures,” AAFA and WFOA said in their letter.

Click here to read the letter sent to Congressman Huffman.

Click here to read the letter by Sandy Smith of the Ventura County Economic Development Association.

Click here to read the oppositon letter from the National Coalition for Fishing Communities.

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

GLOUCESTER TIMES: Obama should hold firm on Cashes Ledge decision

July 12, 2016 — The Obama administration must hold firm to its decision earlier this year to reject so-called monument status for the vast swath of ocean around Cashes Ledge despite last-minute arm twisting from powerful environmental lobbying groups.

Earlier this spring, the administration passed on a proposal that he decree a large portion of the Gulf of Maine, including Cashes Ledge, a permanent “maritime national monument.” The edict, made through the federal Antiquities Act, would have come with little or no input from the citizenry at large or groups whose livelihoods are tied to the ocean, like the Northeast fishing industry.

Cashes Ledge, about 80 miles off the coast of Cape Ann, serves as a habitat for sharks, dolphins and sea turtles as well as migrating right whales. The area — more than 520 square miles is already off limits to fishing. There are no efforts on the part of the industry to change that.

“We’re not all nut cases here,” said Robert Vanasse, executive director of the fishing advocacy group Saving Seafood. “It’s pretty much every non-environmentally subsidized fishery organization that is opposed to the use of the Antiquities Act to create marine monuments. The Magnuson-Stevens process works. It could be better, but it’s working.”

Read the full editorial at the Gloucester Times

AP: Conservationists keep pressing for Atlantic Ocean monuments

July 11, 2016 — The following is excerpted from a story published today by the Associated Press. In it, representatives of the Pew Charitable Trusts and the Conservation Law Foundation (CLF) call for President Obama to use executive authority under the Antiquities Act to designate multiple national marine monuments off the coast of New England.

Last month, eight members of the National Coalition for Fishing Communities (NCFC) and the valuable fishing port of New Bedford, Mass., united in opposition to proposed Atlantic monuments. The groups agreed that fishing areas and resources should continue to be managed in the open and transparent manner stipulated by the Magnuson-Stevens Act (MSA).

Previously, many of the environmental groups calling for Atlantic monuments expressed support for fisheries management under the MSA. In December, Pew called the MSA “the bedrock of one of the world’s best fishery management systems.” In April, the CLF wrote that the MSA is “the primary reason why the United States can say that it has the most sustainable fisheries in the world.” In February, the Environmental Defense Fund said that the MSA “has made the United States a global model for sustainable fisheries management.”

PROVIDENCE, R.I. — Environmental conservationists aren’t giving up on trying to persuade the White House to designate an area in the Gulf of Maine as a national monument.

In the final months of President Barack Obama’s term, they’re hoping he’ll protect an underwater mountain and offshore ecosystem in the Gulf of Maine known as Cashes Ledge. They also want him to protect a chain of undersea formations about 150 miles off the coast of Massachusetts known as the New England Coral Canyons and Seamounts.

The White House Council on Environmental Quality said in March, and reiterated last week, that while the New England Coral Canyons and Seamounts area is under consideration, Cashes Ledge currently is not. There are no marine national monuments in the Atlantic Ocean.

Robert Vanasse, executive director of the fishing advocacy group Saving Seafood, said environmental groups seemed to be “in denial and shock” after the White House first said it wasn’t considering Cashes Ledge in March.

“I think they overplayed their hand. They arrogantly seemed to think that they could dictate to the White House,” he said on Wednesday.

Vanasse said fishing interests are now taking the White House at its word that Cashes Ledge is off the table. The industry is already struggling with quota cuts and climate change.

Commercial fishing groups oppose creating any marine monument in the Atlantic under the American Antiquities Act because the decision is left entirely to the president, Vanasse said. There are existing procedures to protect areas where the public participates in the process under the top law regulating fishing in U.S. oceans, the Magnuson-Stevens Fishery Conservation and Management Act, he added.

“We’re not the fringe nutcases here,” Vanasse said. “It’s pretty much every non-environmentally subsidized fishery organization that is opposed to the use of the Antiquities Act to create marine monuments. The Magnuson-Stevens process works. It could be better, but it’s working.”

Read the full story from the Associated Press at the Boston Herald

Fishermen Concerned by Marine Monument Proposals

July 11, 2016 — As the Obama administration enters its final months, federal officials are considering the use of the Antiquities Act to designate one or more new areas as marine monuments – a streamlined process permitting the president to create a permanent, protected zone without the review procedures required for other legal designations.

On the Atlantic seaboard, the Atlantic States Marine Fisheries Commission says that it has been informed the administration may create a marine monument to protect deep-sea coral. To date, details of such a plan have not been made publicly available, but a group of scientists and conservationists have called for the administration to use its authority to designate several areas off Maine and Massachussetts for purposes of preserving high-biodiversity marine habitats. The Commission, along with industry representatives, has asked the president to leave the regulation of these areas to regional bodies like the Northeast Fisheries Management Council, which is already working on coral protection measures.

In California, a group of fishing industry representatives have released what they claim is a copy of an environmental proposal for a new set of areas for marine monument designation; they object to the what they describe as an opaque process, and to the prospect of having these areas withdrawn from fishing. “We’re trying to head it off before the president considers nominating these as national monuments,” said Mike Conroy of West Coast Fisheries Consultants, the group which released a copy of the proposal. The five page document has no authors listed, and its authenticity could not immediately be confirmed. The consultants group suggested in a letter to the Pacific Fishery Management Council that some commercial and recreational fishing interests felt that they were “kept in the dark” as the proposal took shape. “We are very alarmed that this action is being promoted behind closed doors, without any involvement of those who will be most impacted,” the group wrote.

See the full story at The Maritime Executive

West Coast groups unite to fight offshore monuments that prohibit commercial fishing

July 7, 2016 — The following was released by the National Coalition for Fishing Communities:

A collection of more than 40 West Coast commercial and recreational fishing groups, working in conjunction with the National Coalition for Fishing Communities, has written to the White House, the Secretaries of Commerce and Interior, and officials in the National Oceanic and Atmospheric Administration, opposing the proposed designation of marine monuments off the coast of California that prohibit commercial fishing.

The letter is in direct response to a recent proposal calling on President Obama to declare virtually all Pacific seamounts, ridges, and banks (SRB’s) off the California coast as National Monuments using his executive authority under the Antiquities Act. If enacted by executive order, the new monuments would permanently close virtually all of California’s offshore SRB’s to commercial fishing.

“[This proposal] was drafted and advanced behind closed doors with no public peer-reviewed scientific analysis, no [National Environmental Policy Act] analysis, and virtually no public engagement,” the letter to the White House states. “The initial justification for this proposed action is filled with sensational, inaccurate statements and omissions. The economic analysis for the proposed closures grossly understates the importance and value of the identified [SRB’s] to fisheries and fishing communities.”

“Fisheries provide healthy food for people, and our fisheries are a well-managed renewable resource,” the letter continues, noting that California already has the most strictly managed fisheries in the world.

Among the areas proposed for monument status are Tanner and Cortes Banks in southern California, which are critically important for many fisheries including tuna, swordfish, rockfish, spiny lobster, sea urchin, white seabass, mackerel, bonito, and market squid.

The proposal also called for the closures of Gorda and Mendocino Ridges in northern California, which are important grounds for the albacore tuna fishery.

As the letter states, closure of these important areas to commercial fishing would cause disastrous economic impacts to fishermen, seafood processors and allied businesses, fishing communities and the West Coast fishing economy.  Even more important than the value of the fisheries is the opportunity cost of losing these productive fishing grounds forever.

Unilateral action under the Antiquities Act would also contradict the fully public and transparent process that currently exists under the federal Magnuson-Stevens Act. Such a designation would also conflict with the President’s own National Ocean Policy Plan, which promises “robust stakeholder engagement and public participation” in decision-making on ocean policy.

“We ask you stop the creation of these California offshore monuments under the Antiquities Act because monument status is irreversible, and the Antiquities Act process involves no science, no public involvement nor outreach to the parties who will be most affected by this unilateral action – no transparency,” the letter concludes.

Read the full letter here

About the NCFC 
The National Coalition for Fishing Communities provides a national voice and a consistent, reliable presence for fisheries in the nation’s capital and in national media. Comprised of fishing organizations, associations, and businesses from around the country, the NCFC helps ensure sound fisheries policies by integrating community needs with conservation values, leading with the best science, and connecting coalition members to issues and events of importance.

PETER APO: Obama Should Say No To Expanded Marine Monument

June 27, 2016 — President Obama is considering a request to more than quadruple the size of the Papahanaumokuakea Marine National Monument in the Northwestern Hawaiian Islands to 580,000 square miles – an area as large as the states of Texas, California and Montana.

If Obama takes this step, the federal government essentially would assert control over hundreds of thousands of miles of ocean around Hawaii with no public discussion.

According to the Antiquities Act of 1906, the trigger to designate an area as a national monument is simply the president’s signature. No discussion required — not by Congress, not by state government and not by citizens who rely on the targeted geo-cultural area.

The Big Picture

The push to expand the Papahanaumokuakea Marine National Monument is part of a larger global strategy to bring millions of square miles of the world’s oceans under a common umbrella of environmental protective governance that would designate vast expanses as marine sanctuaries, monuments or conservation areas.

The intent of such a sweeping global objective seems noble, given global warming and the degradation of the ocean environment. No doubt we need to manage our ocean resources better. But the zealousness with which a loose global coalition of ultra-conservative scientists and marine environmentalists are pushing to create new marine conservation areas is imposing draconian restrictions on human access to vast expanses of the ocean.

These restrictions work by installing a gatekeeper permit application process subject to a blanket of government regulations, some of which don’t make sense.

For instance, in Hawaii’s Papahanaumokuakea National Marine Monument, Native Hawaiians can practice subsistence fishing. So Hawaiians, with a conditional permit, can access the area and fish – but they have to eat the fish before leaving the zone to go home.

To this writer, clearly the analysis of the ultra-conservative wing of marine conservation scientists and environmentalists is: The less human access, the better.

The Long Shadow of Uncle Sam

The federal government already controls access to 850 square miles of Hawaii’s lands and is the second largest land owner in Hawaii. The inventory of lands under federal control, either by lease or title, includes some of the most important historic, cultural and strategically positioned lands, inland waterways and coastal waters in the state.

The list includes Pearl Harbor, Hickam Field, Bellows Air Force Station, Kaneohe Marine base, Pohakuloa Training Area, upper reaches of Waimea Valley, Pililaau Army Recreation Center, Lualualei Naval ammunition depot, Fort Shafter, Tripler Army Medical Center, Camp H.M. Smith, Wheeler Army Airfield, Makua Valley, Volcanoes National Park, Haleakala National Park and a number of other less high-profile locations.

To this writer, as onerous as the degree of federal control over Hawaii lands might be, it pales compared to the tightening of the federal grip on hundreds of thousands of square miles of Hawaii’s Northwestern seas being put on the table by the request to expand the current boundaries of Papahanaumokuakea.

Read the full opinion piece at the Honolulu Civil Beat