Saving Seafood

Western Pacific Council to Tackle Management in Papahanaumokuakea Marine National Monument

March 23, 2017 — SEAFOOD NEWS — At this week’s Western Pacific Regional Fishery Management Council in Honolulu, members are developing new fishing rules for the marine national monument that was expanded last year and decided which species will be under federal management as components of the area’s ecosystem.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas. The Council includes the local fishery department directors from Hawai’i, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI), fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.  The meeting runs through tomorrow and is open to the public.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas.

The Hawai’i-based longline fleet is expected to redirect its fishing efforts to the high seas (beyond 200 miles from shore) or into the allowable longline fishing area 50 to 200 miles offshore around the main Hawaiian Islands. The Hawai’i longline fleet, which catches bigeye tuna and swordfish, is banned from 0 to 50 miles throughout Hawai’i.

While the Presidential proclamation bans commercial fishing around the NWHI, it allows regulated non-commercial and Native Hawaiian subsistence fishing.

This week the Council is considering the results of public scoping meetings that were conducted throughout Hawai’i in December as well as the recommendations of its advisory bodies.

The Council’s Scientific and Statistical Committee (SSC), which met March 7 to 9 in Honolulu, recommends that existing data, such as data from the former sport-fishing operation at Midway Atoll in the NWHI and the Hawaii tuna tagging project, be explored.

The SSC also recommends that potential impact on protected species be considered as fishing effort is redistributed.

The Council advisory bodies jointly support the removal of fishing provisions in the NWHI as well as other marine monuments in the region: Rose Atoll (American Samoa), Marianas Trench (CNMI) and Pacific Remote Islands (the US atoll and island possessions of Johnston, Palmyra, Wake, Baker, Howland, Jarvis and Kingman Reef). The group recommends that the Council continue to express its concerns to the new Administration regarding the impacts to fisheries from the monument designations and their expansions as well from military closures and other marine protected areas in the region.

In addition to management of the monument, the Council will determine which of the thousands of marine species in the region will be managed using annual catch limits as targeted fish species,  and which will be managed using other tools (for example, minimum sizes and seasonal closures) as ecosystem component species. The Council may endorse the SSC recommendation to form an expert working group to ensure the final listings take into account species of social, cultural, economic, biological and ecological importance.

As part of the Council meeting, a Fishers Forum on Using Fishers Knowledge to Inform Fisheries Management will be held 6 to 9 p.m. on March 22 at the Ala Moana Hotel, Hibiscus Ballroom. The  event includes informational booths, panel presentations and public discussion.

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

New Bedford Standard-Times: Congress can realign the bureaucracy

March 17, 2017 — The designation of the Northeast Canyons and Seamounts as a national monument last summer might have appeared to be the end of a battle between environmentalists and commercial fishermen, but the installation of an administration focused on deregulation has revived the fight.

The House Committee on Natural Resources on Wednesday held an oversight hearing on the creation of national monuments that included testimony from New Bedford Mayor Jon Mitchell, as well as representatives of extractive industries, academia and commercial tuna fishing. Mayor Mitchell, who couldn’t attend the hearing because of weather-disrupted travel plans, testified about the impact on both the red crab fishery and those fisheries that involve migratory fish that swim in the upper part of the water column. There were questions from committee members that reflected both sides of the issue, including one from a Democrat questioning the validity of the mayor’s argument about migratory fish. The response by University of North Carolina biology professor John Bruno to Democratic Virginia Rep. Don Beyer was that the entire water column needs protection.

Mayor Mitchell also lamented the lack of stakeholder input involved in the monument designation through the executive instrument of the Antiquities Act used by President Barack Obama last year.

Republican Alaska Rep. Don Young also wondered at the Antiquities Act during the hearing, attributing more than just conservation as the goal to the former president: Rep. Young believes the ocean designations made under President Obama were calculated to limit offshore drilling and mining.

Rep. Young noted forcefully that Congress did not create the Antiquities Act to protect oceans, and it represented a clear case of executive overreach.

The Standard-Times is generally in favor of policies that reduce fossil fuel extraction. Nevertheless, Rep. Young’s observation about the Antiquities Act, Mayor Mitchell’s complaint about its use, and the duty of oversight point to the issue of Congress’ intent, which should have weight in the committee’s opinion. Congress has the authority to rein in the bureaucracy, though it doesn’t always exercise that authority.

Read the full story at the New Bedford Standard-Times

New Bedford Mayor Jon Mitchell Voices Coalition Concern Over Marine Monuments at House Hearing

WASHINGTON – March 15, 2017 – The following was released by the National Coalition for Fishing Communities:

Today, New Bedford, Mass. Mayor Jon Mitchell delivered written testimony to the House Natural Resources Committee on behalf of Saving Seafood’s National Coalition for Fishing Communities. His testimony expressed serious concerns about the impacts of marine monuments, designated using executive authority under the Antiquities Act, on fishermen and coastal communities.

Mayor Mitchell had planned to testify in person before the Subcommittee on Water, Power, and Oceans as a representative of the NCFC, but was unable to attend the hearing in Washington due to snow and severe weather conditions in the Northeast.

In his testimony, Mayor Mitchell questioned both the “poorly conceived terms of particular monument designations,” as well as “more fundamental concerns with the process itself.” Mayor Mitchell also delivered a letter to the committee signed by eleven NCFC member organizations further detailing their concerns with the monument process and how fishing communities across the country are affected by monument designations.

The letter was signed by the Atlantic Offshore Lobstermen’s Association, the California Wetfish Producers Association, the Fisheries Survival Fund, the Garden State Seafood Association, the Hawaii Longline Association, the Long Island Commercial Fishing Association, the Menhaden Fisheries Coalition, the North Carolina Fisheries Association, the Southeastern Fisheries Association, the West Coast Seafood Processors Association, and the Western Fishboat Owners Association.

In addition, three NCFC member organizations, the Atlantic Offshore Lobstermen’s Association, the Hawaii Longline Association, and the North Carolina Fisheries Association submitted individual letters outlining in further detail their opposition to marine monuments.

Mayor Mitchell was also critical of the monument designation process, by which a president can close off any federal lands or waters on a permanent basis using executive authority under the Antiquities Act. He instead praised the Fishery Management Council process created by the Magnuson-Stevens Act, which he said affords greater opportunities for input from stakeholders, scientists, and the public.

“The monument designation process has evolved effectively into a parallel, much less robust fishery management apparatus that has been conducted entirely independent of the tried and true Fishery Management Council process,” Mayor Mitchell said. “It lacks sufficient amounts of all the ingredients that good policy-making requires: Scientific rigor, direct industry input, transparency, and a deliberate pace that allows adequate time and space for review.”

Mayor Mitchell used his testimony to call attention to issues affecting fishing communities across the country, including New England fishermen harmed by the recently designated Northeast Canyons and Seamounts Marine National Monument, and Hawaii fishermen harmed by the expansion of the Papahānaumokuākea Marine National Monument. He also expressed the concerns of fishermen in Mid-Atlantic, South Atlantic, and Pacific waters in dealing with the monument process.

Mayor Mitchell concluded by calling on Congress to integrate the executive branch’s monument authority with the established processes of the Magnuson-Stevens Act, ensuring that the long-term interests of all stakeholders are accounted for.

“This Congress has an important opportunity to restore the centrality of Magnuson’s Fishery Management Councils to their rightful place as the critical arbiters of fisheries management matters,” Mayor Mitchell said. “Doing so would give fishing communities much more confidence in the way our nation approaches fisheries management. And it could give the marine monument designation process the credibility and acceptance that it regrettably lacks today.”

The mayor spoke at the hearing on behalf of the NCFC. The city of New Bedford, as Mayor Mitchell stated in his testimony, was instrumental in the founding of the Coalition, providing an initial seed grant for its creation.

Read Mayor Mitchell’s full testimony here

Read the NCFC letter here

Read the Atlantic Offshore Lobstermen’s Association letter here

Read the Hawaii Longline Association letter here

Read the North Carolina Fisheries Association letter here

Calls grow louder for Trump to reverse marine monument designations

March 13, 2017 — Elected representatives in Congress and industry groups are appealing to the administration of U.S. President Donald Trump to investigate the potential of removing marine monument designations made by Trump’s predecessors, Barack Obama and George W. Bush.

U.S. House of Representatives Committee on Natural Resources Chairman Rob Bishop (R-UT) and Rep. Aumua Amata Coleman Radewagen (R-American Samoa) sent a letter to Trump earlier this week requesting the removal of fishing restrictions and the reinstatement of fisheries management under federal law, according to a letter released by the committee.

“Using the Antiquities Act to close U.S. waters to domestic fisheries is a clear example of federal overreach and regulatory duplication and obstructs well-managed, sustainable U.S. fishing industries in favor of their foreign counterparts,” the letter said. “You alone can act quickly to reverse this travesty, improve our national security, and support the U.S. fishing industry that contributes to the U.S. economy while providing healthy, well-managed fish for America’s tables.”

The letter attributes the closure of the Tri Marine’s Samoa Tuna Processors canning factory in American Samoa in December 2016 to the U.S. purse-seining tuna fleet’s loss of access to fishing areas in the Pacific Remote Islands Marine National Monument designated in 2009 by President George W. Bush. It also criticizes the Papahānaumokuākea Marine National Monument – created by Bush and expanded by Obama – for removing fishing territory from the Hawaii longline fleet.

“[The monument designations] exemplify how a president and government bureaucracies can dispassionately decimate U.S. fishing industries,” the letter said.

In their letter, Bishop and Radewagen urge Trump to “act swiftly and effectively to remove all marine monument fishing prohibitions,” but do not clarify what specific actions they are asking Trump to take to undo the marine monument designations made under the powers of the Antiquities Act.

Read the full story at Seafood Source

American Samoa Congresswomen Asks President Trump To Remove Fishing Prohibitions

March 9, 2017 — U.S President Donald Trump has been asked to remove all marine monument fishing prohibitions and reinstate fisheries management in accordance with federal law.

The request, made yesterday in a two-page letter by US Rep. Rob Bishop, chairman of the House Committee on Natural Resources and American Samoa’s Congresswoman Aumua Amata, says prohibitions on commercial fishing in waters around marine monuments have impacted US fishing fleet as well as one cannery operation in Pago Pago.

“Using the Antiquities Act to close U.S waters to domestic fisheries is a clear example of federal overreach and regulatory duplication and obstructs well managed, sustainable U.S. fishing industries in favor of their foreign counterparts,” the letter from the Republican lawmakers point out.

Read the full story at the Pacific Islands Report

Fishermen sue Trump over monument Obama created

March 8, 2017 — A commercial fishing coalition is reportedly suing the Trump administration over a massive marine monument that was created by President Obama off the coast of New England last year.

The fishermen claim that the president’s designation of the Northeast Canyons and Seamounts Marine National Monument back in September — under the Antiquities Act — was a “unilateral” action that ultimately wound up causing economic distress and hardship for locals.

In their lawsuit, filed Tuesday in federal court, the groups requested that the move be ruled as unlawful and asked that President Trump not move forward with Obama’s decision.

“The Northeast Canyons and Seamount National Marine Monument purports to designate a monument in the ocean 130 miles from the nation’s coast. This area of the ocean is not ‘lands owned or controlled’ by the federal government,” the suit says.

“Therefore, the Antiquities Act does not authorize the President to establish the Northeast Canyon and Seamounts Marine National Monument.”

Read the full story at the New York Post

Chairman Bishop, Rep. Radewagen Call on President Trump to Reverse Unilateral Fishing Restrictions

WASHINGTON — March 7, 2017 — The following was released by the House Committee on Natural Resources:

Chairman Rob Bishop (R-UT) and Rep. Aumua Amata Coleman Radewagen (R-American Samoa) sent a letter to President Trump today requesting removal of all marine monument fishing prohibitions and reinstatement of fisheries management under federal law.

“Access to several of the nation’s key fisheries is in jeopardy – through the establishment and expansion of marine national monuments. […] The commercial fishing prohibitions of marine national monuments impact shore-side businesses and local economies of the U.S.,” the letter states.

“Using the Antiquities Act to close U.S. waters to domestic fisheries is a clear example of federal overreach and regulatory duplication and obstructs well managed, sustainable U.S. fishing industries in favor of their foreign counterparts. You alone can act quickly to reverse this travesty, improve our national security, and support the U.S. fishing industry that contributes to the U.S. economy while providing healthy, well-managed fish for America’s tables.”

Click here to read the full letter.

26 Senators Introduce Bill to Reform Monument Designation Process

January 10, 2017 — The following was released by the office of Senator Lisa Murkowski (R-AK):

U.S. Sen. Lisa Murkowski, R-Alaska, today reintroduced the Improved National Monument Designation Process Act, a bill to facilitate greater local input and require state approval before national monuments can be designated on federal lands and waters.

The following senators are original cosponsors of the bill: Sens. Mitch McConnell (R-Ky.), John Barrasso (R-Wyo.), Roy Blunt (R-Mo.), Shelley Capito (R-W. Va.), Bill Cassidy (R-La.), Thad Cochran (R-Miss.), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Jeff Flake (R-Ariz.), Chuck Grassley (R-Iowa), Orrin Hatch (R-Utah), Dean Heller (R-Nev.), Jim Inhofe (R-Okla.), Ron Johnson (R-Wis.), Mike Lee (R-Utah), John McCain (R-Ariz.), Jim Risch (R-Idaho), Pat Roberts (R-Kan.), Mike Rounds (R-S.D.), Marco Rubio (R- Fla.), Jeff Sessions (R-Ala.), Dan Sullivan (R-Alaska), Thom Tillis (R-N.C.), and Roger Wicker (R-Miss.).

The bill requires, before any national monument can be declared on public land or within the exclusive economic zone, that the following be met:

  • Specific authorization by an Act of Congress;
  • Approval by the state legislature, and for marine monuments, approval by each state legislature within 100 miles of the proposed monument; and
  • Certification of compliance with the National Environmental Policy Act.

“President Obama has locked up more acres through monument designations than the previous 18 presidents combined,” Murkowski said. “His unilateral withdrawals have routinely come with complete disregard for local concerns and opposition, threatening energy, mining, fishing, ranching, recreation, and other reasonable uses of public land and waters. At this point, we have no choice but to reform the Antiquities Act to ensure that the people being impacted by these designations are heard and respected.”

“After President Obama abused the Antiquities Act worse than any president in history, now is the perfect time for some common sense public lands reform,” Lee said. “This bill would take power from the federal government and give it back to the people where it belongs.”

“I’ve long advocated for extensive consultation with the communities most affected by federal land management decisions,” Flake said. “By requiring state and congressional sign-off on all future national monuments, this bill will ensure that local stakeholders finally have their voices heard in the designation process.”

“This legislation would allow for greater transparency in the monument designation process and would allow Idahoans to have greater input on monument proposals,” Risch said.“Further, congressional authorization would be required before any national monument can be declared on public land, which would prevent the president from designating a monument based on the administration’s agenda.”

“As a fifth generation Montanan and avid sportsman, I know how important it is for Montanans to play a strong role in the management of these precious parts of our state,” Daines said. “Any designation should be driven locally, not by out-of-state Washington, D.C. bureaucrats.”

“For too long, Utahans and Westerners have been the victims of unjustified federal land grabs,” Hatch said. “The President’s recent designation of Bears Ears National Monument goes well beyond the original intent of the Antiquities Act, which was intended to give presidents only limited authority to designate special landmarks, such as a unique natural arch or the site of old cliff dwellings. The President was never meant to set aside millions of acres through the Antiquities Act. I believe we can strike a balance—through Congress—that allows us to maintain our rural towns and communities and also protects the cultural integrity of our lands.”

“Last month, with the quick stroke of a pen, Nevadans watched as this Administration locked up millions of acres of public land in Nevada and nearby Utah,” Heller said. “These types of unilateral federal land grabs by the executive branch should not be allowed. As an advocate for public input and local support to the decision-making process of federal land designations, I’m proud to support Senator Murkowski’s effort to legally require local approval of future designations.”

“I am proud to cosponsor this legislation that would reform the monument designation process, a process particularly important to Arizona,” McCain said. “The proposed Grand Canyon Watershed Monument in Arizona will threaten hunting, grazing, water resources and wildfire prevention in one of the most celebrated and enjoyed regions of my home state.”

The Antiquities Act provides the president with authority to create national monuments, but explicitly requires the reservation of “the smallest area compatible with the proper care and management of the objects to be protected.” This has not been the case with designations in recent years, however, as the Antiquities Act has become a tool to sidestep Congress and create sweeping conservation areas despite opposition from local residents. The Obama administration alone has now designated a total of 554 million acres—equal to 865,625 square miles, an area five times the size of California—onshore and offshore as national monuments.

Murkowski is chairman of the Committee on Energy and Natural Resources. She sponsored the previous version of this bill, S. 437, in the 114th Congress. In July 2016, the committee held a field hearing to examine the impacts of large-scale monument designations in Blanding, Utah, which was chaired by Sen. Lee. Audio and background from that hearing are available here.

See the press release at Sen. Murkowski

OPINION: Obama’s Political Monuments

January 3, 2017 — President Obama is settling accounts before leaving office, and then some. This week he delivered a parting gift to Democratic Senator Harry Reid and parting shot at Utah Republicans by designating two new national monuments in their respective states.

Desert and canyon landscapes in the West are among the most majestic in America, and Mr. Obama has cited cultural treasures as a pretext for consecrating 1.3 million acres in southeastern Utah (Bears Ears) and 300,000 acres in southern Nevada (Gold Butte). The real goal is to shield land-use decisions from public input.

Sixteen presidents have invoked the Antiquities Act to establish 152 national monuments, though rarely in defiance of state and local lawmakers as President Obama has now done. The 1906 law was intended to let Presidents act expeditiously to protect national treasures from desecration. Mr. Obama has used it to wall off more land than any of his predecessors.

The Antiquities Act instructs the President to designate “the smallest area compatible with the proper care and management of the objects to be protected,” yet Bears Ears is nearly twice the size of Rhode Island and one million acres bigger than Utah’s largest national park. Most desert land around Gold Butte is already protected, but the Obama Administration says the national monument is needed as a wildlife corridor for desert bighorn sheep and the Mojave Desert tortoise. Don’t expect predator species to respect the sanctuary habitat.

Read the full opinion piece at the Wall Street Journal

Will Trump Be Able To Undo Papahanaumokuakea?

November 28, 2016 — In the months leading up to the Nov. 8 election, President Barack Obama signed a series of proclamations to dramatically increase the amount of land and water that is federally protected from commercial fishing, mining, drilling and development.

On Aug. 24, he established a nearly 90,000-acre national monument in the Katahdin Woods of Maine. 

Two days later, Obama expanded Papahanaumokuakea Marine National Monument around the Northwestern Hawaiian Islands by 283 million acres, making it the world’s largest protected area at the time.

And on Sept. 15, he created the first national monument in the Atlantic Ocean, protecting more than 3 million acres of marine ecosystems, seamounts and underwater canyons southeast of Cape Cod, Massachusetts.

Obama has used a century-old law called the Antiquities Act to federally protect more land — 550 million acres and counting — than any other president. He’s established 24 new national monuments in at least 14 states since taking office eight years ago, with the bulk of the acreage in Papahanaumokuakea and the Pacific Remote Islands.

But with Republican Donald Trump’s surprise upset of Democrat Hillary Clinton, attention is turning to what Trump plans to do when he takes office in January and whether he will seek to undo or at least modify the national monuments that Obama created.

Advocates for commercial fishing interests on the East Coast have started nudging policymakers to consider what changes the next administration could make. But West Coast and Hawaii industry groups are still gathering information and developing plans.

Saving Seafood, a nonprofit that represents commercial fishing interests, has already started pushing policymakers to consider what changes the next administration could make to the Northeast Canyons and Seamounts Marine National Monument. 

Saving Seafood Executive Director Robert Vanasse told the Associated Press earlier this month that he thinks it would be “rational” to allow some sustainable fishing in the monuments.

Read the full story at the Honolulu Civil Beat