Antiquities Act Archives - Page 14 of 17

Rep. Rob Bishop: Antiquities Act abuse heads East

June 27, 2016 — The following is excerpted from an opinion piece by Rep. Rob Bishop (R-UT), chairman of the House Committee on Natural Resources, published Saturday by the Boston Herald. Rep. Bishop visited New Bedford, Mass., earlier this month, where he met with Mayor Jon Mitchell, Rep. Bill Keating (D-MA), and representatives of the local commercial fishing industry. He also toured a local scallop vessel, the New Bedford harbor, the Fairhaven Shipyard, and a scallop processing company.

Some say cultural trends start on the West Coast and make their way East, but one trend moving eastward is bad news for New Englanders.

In my home state of Utah, the federal government owns 65 percent of the land. That is a problem. In the waning days of his administration, President Clinton compounded the problem by mandating the Grand Staircase Escalante National Monument. With virtually no local support, he locked up 1.7 million acres of Utah, an area larger than some states.

This monument designation was an abuse of the Antiquities Act. Passed in 1906, the Antiquities Act was originally intended for presidents to quickly prevent looting of archaeological sites. The executive power exercised under the Antiquities Act has grown far beyond the original purpose.

Now [President Obama] has his sights set on New England fisheries off the coast of Cape Cod.

Earlier this month I traveled to New Bedford, the highest-grossing commercial fishing port in our country. I spoke with local seafood workers about a potential marine monument designation off the coast. Such a designation would override the current public process of established fisheries management and could be catastrophic to the 1.8 million-plus jobs that fishing creates.

Fishing leaders expressed concern over restricted access, potential job loss, and the damage to the local fishing industry that would obviously follow a marine monument designation. Instead, they want a better public process created under the House-passed Magnuson-Stevens Act, still pending renewal in the Senate.

Read the full opinion piece at the Boston Herald

Scientist says expanding Hawaii monument is abuse of law

June 16, 2016 — The senior scientist of a regional fishing body says a presidential executive order to expand Hawaii’s protected waters is an abuse of federal law.

United States President Barack Obama announced a series of measures in 2014 to protect parts of the world’s oceans which include expanding Hawaii’s Papahanaumokuakea monument under the Antiquities Act.

Paul Dalzell said claims that the expansion would improve conservation were false.

“The Antiquities Act was meant to protect small places. Stop them from being overrun by tourists or being stripped by souvenir hunters. And it’s supposed to be the for the smallest area possible. It was never intended to parcel off great large areas of land or indeed to be applied to make these huge expansions of water.”

Read the full story at Radio New Zealand

Councils: Fisheries Should be Managed Under Magnuson-Stevens Even if Monuments are Designated

May 31, 2016 — The Council Coordination Committee (CCC), which consists of representatives from each of the eight U.S. regional fishery management councils, met last week in St. Thomas, U.S.V.I., to discuss issues relevant to all regional councils.The following is excerpted from a statement released by the CCC:

The CCC notes the successes of the Magnuson-Stevens Fishery Conservation and Management Act in managing fishery resources of the United States as well as the marine ecosystems of the United States Exclusive Economic Zone (EEZ) and the CCC recognizes that there have been a number of proposals regarding the designation of new, or the expansion of existing, Marine National Monuments within the U.S. EEZ.

The CCC reiterates its support for the public, transparent, science-based process and management required by the Magnuson-Stevens Fishery Conservation and Management Act.

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.

Read the full statement here

NPR Rhode Island: Interstate Fisheries Group Opposes Marine National Monument Proposal

May 13, 2016 — More than 160,000 people have signed a petition asking President Obama to declare a marine national monument in New England waters. It’s an effort spearheaded by a coalition of environmental groups and scientists. But the Atlantic States Marine Fisheries Commission is asking the president to reject this proposal.

“Under the Antiquities Act, the president can act without any public comment, any public input. I think that’s the big issue right now,” said Mark Gibson, chief of the fisheries division at the state Department of Environmental Management. He represents Rhode Island in fisheries groups. He said the New England Fisheries Management Council is already working to protect important habitats for corals, using the nation’s primary fishing law, the Magnuson-Stevens Act.

“So it will take some time,” said Gibson. “We are going through the full process of committee recommendations for areas that need to be protected, and the council will have to consider those, move them to public hearings, move them to the next council meeting, so it’s a long process that goes on.”

It’s a long process, but it works, adds David Borden, a member of the Atlantic States Marine Fisheries Commission and a lobsterman. He said this proposal is missing the comprehensive review that happens among regulators, fishermen and environmental advocates.

“I think it’s important for the public to realize that there is no formal proposal that’s available for either the fishing industry or the public to look at and so we’ve requested that the public be afforded that opportunity,” said Borden.

Read and listen to the full story at Rhode Island Public Radio

ASMFC Urges Transparency and Public Input in Proposed New England Offshore Canyons & Seamounts Monument Decision Making Process

May 12, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

ARLINGTON, Va. — In a May 9^th letter to President Barack Obama, the Atlantic States Marine Fisheries Commission (Commission) urged the President and the White House Council on Environmental Quality (CEQ) for transparency and a robust opportunity for public input as the Administration considers designating a National Monument through its authority under the Antiquities Act. While details on the specific location of the monument remain unknown, one potential area discussed centers around the New England offshore canyons and seamounts.

Currently, the New England Fishery Management Council (Council) is drafting an Omnibus Deep-Sea Coral Amendment which considers protection of corals in and around the canyons of the Atlantic Ocean. At the request of the Council, the Commission conducted a survey of active offshore lobstermen to understand the potential impacts to the fishery should lobster traps be limited by the Draft Amendment. Preliminary results indicate a high dependence on the offshore canyons for revenue, with over $15 million in revenue generated each year by fishermen targeting American lobster and Jonah crab in the canyons. Given that input from concerned stakeholders is a key component of the Council’s decision-making process, the Commission strongly supports using the Council process to develop measures to protect the ecosystems within these deep waters.

If the President chooses to use the Antiquities Act to protect deep sea corals, the Commission requested the designated area be limited to the smallest area compatible with the proper care and management of the objects to be protected. Additionally, the Commission requested the area be limited to depths greater than approximately 900 meters and encompass any or all of the region seaward of this line out to the outer limit of the exclusive economic zone. Further, the Commission asked that only bottom tending fishing effort be prohibited in the area and all other mid water/surface fishing methods (recreational and commercial) be allowed to continue in the area.

Read this release and the ASMFC letter to the White House as a PDF

Scallopers to White House: Marine monument a bad idea

May 6, 2016 — A fishing trade group that represents scallopers from Maine to Virginia has joined Northeast groundfishermen in opposing the designation of any marine national monuments in New England waters.

The Fisheries Survival Fund (FSF) penned a May 4 letter to Obama administration officials stating its opposition to the establishment of the monuments while also criticizing the unilateral process — presidential decree through the Antiquities Act — being considered for designating them.

“A monument designation, with its unilateral implementation and opaque process, is the exact opposite of the fisheries management process in which we participate,” FSF legal counsels David Frulla and Andrew Minkiewicz wrote to Christy Goldfuss and Whitley Saumwebber, executives in the White House Council on Environmental Quality. “Public areas and public resources should be managed in an open and transparent manner, not an imperial stroke of the pen.”

The FSF letter comes almost two months after Goldfuss, the managing director of the White House environmental council, told fishing stakeholders at a March 24 meeting in Boston the White House has shelved the proposal pushed by environmental and conservation groups to establish a marine national monument about 80 miles east of Cape Ann in the area around Cashes Ledge.

Read the full story at the Gloucester Times

Eric Hansen: Atlantic marine monument would harm fisheries

May 6, 2016 — With President Obama leaving office in less than a year, environmental groups have urged him to once again use executive authority via the Antiquities Act to declare a new marine national monument, this time in the Atlantic Ocean. Such a proposal, which circumvents all established rules and procedures, is fundamentally undemocratic, and would put a stranglehold on the commercial fishing industry.

A presidential declaration of a new national marine monument would result in potentially thousands of acres of prime fishing ground being closed off to fishermen. This would lead directly to increased costs for seafood processors, restaurants, and yes, seafood consumers. All of this will be done through a process that solicited little public input or stakeholder engagement and disregards the current, successful management process.

Such a declaration would also go against rules set out by President Obama himself. Specifically, Executive Order 13563 details the manner in which new regulations should be created and implemented. In that document, the guidelines were very clear: Regulations should not hinder the economy, should be implemented following public engagement and participation, should be based on best available science, and should be flexible.

Read the full opinion piece at the New Bedford Standard-Times

Statement from the Garden State Seafood Association on ASMFC Marine Monument Policy

May 6, 2016 — The following statement was released by Greg DiDomenico, Executive Director of the Garden State Seafood Association, following the passage of the ASMFC motion calling for the president not to declare a marine monument in the Atlantic Ocean:

“The Antiquities Act was perhaps a necessary tool to protect sensitive areas in 1906, but with our increased technological capabilities, knowledge, and an all-encompassing regulatory system, it is an unnecessary and blunt tool for 2016.

The Magnuson–Stevens Act specifically allows for any fishery management plan under the authority of any Council to protect deep-sea corals and other habitat features from physical damage from fishing gear.

It is time that the years of on-the-water experience possessed by the commercial fishing industry be acknowledged, especially in the context of this issue. The intellectual power of the regional Councils, in conjunction with the fishing industry, will result in the most meaningful protections of deep-water corals and habitat while allowing for traditional fishing activity to continue.”

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The Garden State Seafood Association is dedicated to sincere and effective representation in order to protect the interests of New Jersey fishermen and New Jersey’s fisheries dependent businesses.

Atlantic Sea Scallop group opposes an Atlantic Marine Monument; says it contradicts the President’s own order

WASHINGTON – May 4, 2016 – The organization representing the Atlantic sea scallop industry, one of the most economically valuable fisheries in the nation, has written to the White House opposing the creation of an Atlantic Marine Monument, noting that such an action subverts public processes, and contradicts the President’s own executive order on public participation in the regulatory process.

The Fisheries Survival Fund (FSF), an organization that comprises the majority of the Limited Access Atlantic sea scallop fleet, is one of the many stakeholders that frequently participates in the public fisheries management process. FSF opposes any attempts to circumvent this process, as noted in the letter.

“We strongly urge the President to not designate any marine monuments in New England, but rather to allow the public process to continue moving forward,” states the letter, which was sent to the White House Council on Environmental Quality. “Let the President’s legacy be that he allowed the public to have a voice in how we manage our shared resources.”

The White House has been considering designating an offshore monument in the Northeast Atlantic at the behest of several environmental groups, an authority granted by the Antiquities Act. President Bush previously used this authority to create two expansive monuments in the Pacific Ocean around Hawaii and the Northern Mariana Islands.

As argued in the letter, “Public areas and public resources should be managed in an open and transparent manner, not an imperial stroke of the pen.” In fact, several regulations have already been developed through the Council process that ensure fisheries are properly conserving and managing marine resources.

FSF’s position mirrors that of Executive Order 13563, authored by President Obama himself, which states in part that regulations must be based on the best available science, involve public participation, and include greater coordination across agencies. The current management system is more consistent with these standards than a monument designation, which could be abused by a few select insiders. Through regional councils, the government is already protecting Cashes Ledge and deep-water corals.

If the Administration insists on the designation of a monument, the President should accept recommendations made by members of the Atlantic States Marine Fisheries Commission (ASMFC) Rhode Island Delegation, in consultation with other regional fisheries organizations, and approved unanimously by the ASMFC. Their proposal would ensure the protection of deep-water corals and ocean canyon substrates while allowing for fishing that would not affect the protected areas.

Read the full FSF letter to the White House here

ASMFC Urges President to Minimize Potential Economic Harm from Atlantic Marine Monument Designation

ALEXANDRIA, Va. (Saving Seafood) – May 4, 2016 – The Atlantic States Marine Fisheries Commission (ASMFC) has taken a formal position on the possibility of a Presidential proclamation of an Atlantic Marine Monument.

The Obama administration, at the urging of major environmental groups, is considering creating a National Monument in the New England Canyons and Seamounts region via the Antiquities Act. Few specifics have been released about what the monument would look like, but it could have significant negative impacts on fishermen in the affected areas.

The ASMFC’s Interstate Fisheries Management Program (ISFMP) Policy Board unanimously (with three abstentions) approved a resolution today drawing a line in the ocean (see map), in close proximity to the Atlantic canyons and seamounts off of Georges Banks, and urging that the creation of a monument only take place in a region seaward of that line. The ASMFC resolution urges that management of waters under Federal control from the coastline to that line be managed under the Magnuson-Stevens Act.

The resolution states:

That it is the preference of ASMFC that the current New England Fishery Management Council coral management process continue without a Presidential proclamation on the issue;
That should the President decide to designate a deep-water marine monument off the New England coast prior to the end of his Presidency, it should be limited to the smallest area compatible with the proper care and management of the objects to be protected, as required by the Antiquities Act;
That the area be limited to depths greater than approximately 900 meters and encompass any or all of the region seaward of the line (see map) out to the outer limit of the EEZ;
That only bottom tending fishing effort be prohibited in the area and that all other mid-water/surface fishing methods (recreational and commercial) be allowed to continue to use the area;
That the public and affected user groups be allowed to review and comment on any specific proposal prior to its implementation.

The motion was initially crafted by members of the ASMFC Rhode Island Delegation, in consultation with other regional fisheries organizations. ASMFC’s Lobster Board, where the resolution originated, gave its unanimous approval to the proposal at its meeting on Monday.

In a letter this week to the ASMFC American Lobster Management Board requesting guidance on the monument issue, Board Chairman David Borden wrote about the potential consequences a monument would have for commercial and recreational fisheries in the area.

“The economic impacts of a potential Monument designation would undoubtedly be significant depending on where the boundaries are set. These economic impacts would be felt coast wide as the fishing fleets working in and around the canyons hail from ports across New England and the Mid-Atlantic.”

Specifically highlighted are the potential impacts on the offshore lobster and crab fisheries, which would be hurt by the prohibition on fishing in the monument area, or by being displaced into nearby fishing grounds. Lobster and Jonah crab revenue from Southern New England are estimated at $38 million per year. A monument designation could also hurt the lobster stock by pushing fishermen from areas where lobster is abundant into areas where lobster is more depleted. Concerns were also voiced about potential negative impacts of the proposal on whales and protected species.

Additionally, many of the States represented on ASMFC have major interests in finfish, pelagic longline, squid, and red crab fisheries, or have large recreational fisheries. “All of these fisheries could be directly affected by a closure or indirectly affected by a redirection of effort.”

According to ASMFC Chairman Doug Grout the ASMFC leadership plans to meet with representatives of CEQ next week to discuss ways to mitigate impacts on commercial and recreational fisheries.

About the ASMFC
In the early 1940s, recognizing that they could accomplish far more through cooperation rather than individual effort, the Atlantic coast states came together to form the Atlantic States Marine Fisheries Commission. An Interstate Compact, ratified by the states and approved by the U.S. Congress in 1942, acknowledged the necessity of the states joining forces to manage their shared migratory fishery resources and affirmed the states’ commitment to cooperative stewardship in promoting and protecting Atlantic coastal fishery resources.

Read a letter from ASMFC Lobster Board Chairman David Borden to the ASMFC Lobster Board

Read a letter from Blue Water Fishermen’s Association Executive Director Terri Lei Beideman to the White House