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Fishing industry looks to Trump to undo marine monument designation

November 21, 2016 — When President Barack Obama announced in September the creation of the first ever marine national monument in U.S. Atlantic waters, 50 environmental organizations claimed victory in the long campaign to protect approximately 4,000 square miles of ocean from fishing and other human activities.

Since then, there has been another kind of victory. Donald Trump, once a long shot presidential candidate, will succeed Obama in January. During his campaign, the president-elect made promises to roll back environmental roadblocks to business and to cancel every “unconstitutional executive action, memorandum and order” by the sitting president.

While some in the fishing community took heart that Trump might reverse Obama’s decision on the offshore monument, legal experts believe there is little chance of that happening. Instead, opponents of the designation will likely have to use the more difficult and lengthy routes of congressional legislation or litigation to get it changed.

“We certainly hope that the new administration will look at commercial fishermen as working men and women that are in historic family businesses,” said David Frulla, an attorney based in Washington, D.C., who represents the Fisheries Survival Fund, a coalition that includes the majority of scallop vessels from Maine to Virginia.

The Trump transition team did not respond to an emailed request for comment for this story.

“There’s nothing in there (the Antiquities Act of 1906) that says they can’t rescind or modify,” Frulla said.

Some, including fishermen, the New England and Mid-Atlantic fishery management councils, and Gov. Charlie Baker, complained that Obama’s use of the Antiquities Act was an end run around fishery management. Both councils are developing protections for deep-sea corals and the New England council is getting close to completing a plan to protect fish habitat that it has been laboring on for over a decade.

Read the full story at the Cape Cod Times

New England Fishery Management Council Previews Deep-Sea Coral Amendment Analysis; Addresses Marine National Monument Overlap Issues

November 16, 2016 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council received a briefing yesterday from its Habitat Committee regarding preliminary Deep-Sea Coral Amendment analyses covering: (1) potential impacts of fishing activity on corals; and (2) available fishery effort and revenue data.

The Council also made two decisions related to the Northeast Canyons and Seamounts Marine National Monument, which President Obama established on Sept. 15, 2016 using his authority under the Antiquities Act of 1906. Although the President designated the monument, his proclamation directed the Secretary of Commerce, in consultation with the Secretary of the Interior, to manage the activities and species within the area under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act and other federal laws.

In an Oct. 21 letter to the Council, John Bullard, head of the National Marine Fisheries Service’s Greater Atlantic Regional Fisheries Office, asked the Council to amend its fishery management plans to “reflect the action of the President and implement the appropriate fishing regulations for the Marine National Monument.”

The Council discussed the request and decided not to develop its own amendment since it did not designate the monument. This means the Commerce Department will fulfill the President’s charge through a secretarial amendment.

Bullard said public hearings would be held under the secretarial action and any proposed amendments would be sent to both the New England and Mid-Atlantic Councils for “consideration and comment.”

The Council also debated a motion it had postponed during its September meeting to move all proposals in the Deep-Sea Coral Amendment that overlap with the Marine National Monument to the “considered but rejected” portion of the amendment.

After considerable debate, the Council voted to keep the overlapping alternatives in place for further consideration and analysis, noting that it was important to move forward with the coral protection process it had begun before the monument was designated.

Regarding the current list of alternatives in the coral amendment, the Council did vote to add an additional option to the mix.

For background, the Council is proposing to protect corals through the development of two types of coral zones – discrete areas and broad areas, which are defined as follows.

  • “Discrete Areas” designate narrowly defined coral zones in the Gulf of Maine, for single canyons, and on individual seamounts; and
  • “Broad Areas” designate a coral zone along the entire shelf-slope region between the US/Canada Exclusive Economic Zone boundary and the New England/Mid-Atlantic Council boundary.

Broad zones are meant to prevent the expansion of fishing effort into additional deep-water habitats. The Council is considering various minimum depth contours for defining these zones.

The Council further debated whether to continue developing potential lobster trap/pot restrictions in the inshore Gulf of Maine coral zones, which are offshore the state of Maine’s waters near the Outer Schoodic Ridge area and west of Mt. Desert Rock.

The Maine Department of Marine Resources and Maine lobstermen requested that the Council provide an exemption for lobster and crab fishing within these zones, arguing that the inshore lobster fishery in this area is the primary economic driver for two Downeast Maine coastal counties encompassing at least 15 harbors.

The Council acknowledged the importance of these coral zone areas to the lobster fishery but was not prepared to completely eliminate lobster gear restrictions from consideration at this stage of the amendment process. Instead, it will continue to develop inshore Gulf of Maine coral zone alternatives that may restrict these gears but will include an option to exempt lobster trap/pot fishing.

Commercial Fishermen Question Obama’s Ocean ‘Monument’ Preserve

September 29, 2016 — Commercial fishing boat owners and groups are reacting to the executive action taken by President Obama that created a marine national preserve in the North Atlantic on Sept. 15. They say that banning commercial fishing there is unnecessary, since the fishing industry has already been working with government agencies on conservation measures. Plus, they fear the preserve will be expanded in the future, like the recent quadrupling of the Papahānaumokuākea Marine National Monument off the Hawaiian islands.

The new 4,193-square-mile Northeast Canyons and Seamounts Marine National Monument is located about 130 miles southeast of Cape Cod.

Environmentalists praise the fact that the preserve will also protect marine life from all drilling. However, the fishing angle is another matter, according to industry organizations such as the Garden State Seafood Association.

“All commercial fishing is excluded from the area, but fisheries in the top 10 to 20 feet, no way in the world they’re going to impact the bottom,” pointed out Nils Stolpe, communications director of the association.

Such is the case for a lot of the Barnegat Light-based boats, he said, for example, longliners and some hook-and-line tuna boats. “They’re fishing 3 miles up above all of this on the ocean floor.”

“Longliners are probably affected more than any of our other fisheries up there” by the declaration, said Ernie Panacek, general manager at Viking Village Commercial Seafood Producers in Barnegat Light. “Our bottom longlining boats and surface longlining for sword and tuna boats are going to be affected up there.”

Read the full story at The Sand Paper

Fishermen upset over creation of Atlantic’s first monument

September 16, 2016 — PROVIDENCE, R.I. — Fishermen in New England say President Barack Obama needlessly dealt a big blow to their industry when he created the Atlantic Ocean’s first marine national monument and circumvented the existing process for protecting fisheries.

The new Northeast Canyons and Seamounts Marine National Monument consists of nearly 5,000 square miles of underwater canyons and mountains off the New England coast. The designation will close the area to commercial fishermen, who go there primarily for lobster, red crab, squid, whiting, butterfish, swordfish and tuna.

After Thursday’s announcement, fishermen pondered their next move: sue, lobby Congress to change the plan or relocate. It’s hard to move, they said, because other fishermen would likely already be fishing where they would want to go.

They said the designation process wasn’t transparent and the administration should have let the New England Fishery Management Council finish working on the coral protection measures it’s considering.

“There seems to be a huge misconception that there are limitless areas where displaced fishermen can go,” said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. “Basically with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

The lobstermen’s association and other fishermen wanted the White House to allow fishing in depths of up to 450 meters, so they could still go there but deep-sea corals would have been protected. Annually, about 800,000 pounds (362,877 kilograms) of lobster are caught near the canyons, according to the lobstermen’s association.

White House officials said the administration listened to industry’s concerns and made the monument smaller, with a seven-year transition period for the lobster and red crab industries.

Industry advocate Robert Vanasse said it’s clear the plan will decrease the supply of fish species, and typically a decrease in supply, raises prices. It’s difficult to gauge the economic impact this early, added Vanasse, executive director of Saving Seafood.

Read the full story from the Associated Press at Fox Business

Obama creates the first US marine monument in the Atlantic Ocean

September 16, 2016 — WASHINGTON — President Barack Obama created the Atlantic Ocean’s first marine monument Thursday, protecting an expanse of underwater volcanoes and canyons, along with the creatures that live among them, off the coast of New England.

“If we’re going to leave our children with oceans like the ones that were left to us then we’re going to have to act. And we’re going to have to act boldly,” Obama said during the Our Ocean conservation conference in Washington, D.C.

The Northeast Canyons and Seamounts Marine National Monument is an area roughly the size of Connecticut and falls 130 miles off the coast of Cape Cod, Mass.

There, the steep slopes of the canyons and seamounts meet currents that push nutrient filled water from the depths of the ocean to the surface. Those nutrients mix with sunlight to spur the growth of phytoplankton and zooplankton. The microscopic life forms the basis of the food chain, drawing in schools of fish and the animals that feed on them — whales, sharks, tunas, porpoises, dolphins, sea turtles and seabirds.

Read the full story at Talk Media News 

Local fishermen upset about new marine monument

September 16, 2016 — GLOUCESTER, Mass. — President Obama has created the first marine monument in the Atlantic Ocean saying it’s an effort to protect the planet from climate change.

The president said the Northeast Canyons and Seamounts National Monument, located off George’s Bank, will help safeguard the oceans.

The monument consists of nearly 5,000 square miles including three underwater canyons and underwater mountains.

While the decision makes environmentalists happy, many fisherman said the announcement is deeply disappointing.

“People have made business plans to use this area and then all of a sudden the rug is getting pulled out from under them,” commercial fisherman Al Cottone told FOX25. “How do you plan for the future when you can be basically be shut down with a stroke of the pen?”

The head of the Massachusetts Fishermen’s Partnership and Gloucester Fishermen’s Wives Association said these farmers can’t just pick up and move their operation.

“The ocean is huge but fish are not everywhere. Fish live in designated area by nature. Just like we live,” Angela Sanfilippo said.

Read the full story at Fox25

JOHN SACKTON: Are the Big NGO’s Winning the Marine Monument Battle, But Losing the War

September 15, 2016 — SEAFOOD NEWS — Coinciding with the opening of the Our Oceans conference in Washington, DC today, President Obama announced a new 5000 square mile marine monument on the southeast corner of George’s Bank, encompassing three submarine canyons and some seamounts further off the continental shelf.

The map of the monument closely hews to the proposed map put out by Connecticut Senator Richard Blumenthal in a letter to Obama in July.  It follows a letter at the end of June from the six senators representing Massachusetts, Rhode Island, and Connecticut, along with a host of environmental NGOs.

The argument is simple:  America has created a series of national parks on land.  It should offer the same protections in the marine environment.

NGOs have been urging Obama to use executive authority to create marine monuments under the antiquities act, which are designated as areas with no human economic activity except recreational fishing. (click image for larger version)

The Oceans Conference hosted by Secretary of State John Kerry has the same goal:  to put aside large areas  of the global marine ecosystem in a series of reserves or marine protected areas.

This is not a goal opposed by fishery managers or the industry.

You might be surprised to learn that currently 32% of US marine waters are in marine protected areas.  3% of US waters are in fully protected no-take reserves, such as the monument just created today.

The State Dept. says that at the inaugural 2014 Our Ocean conference, President Obama announced our intent to expand the Pacific Remote Islands Marine National Monument.  This expansion – to over 1.2 million sq km, or about three times the size of California – was finalized September 26, 2014, creating the world’s largest MPA that is off limits to commercial extractive uses, including commercial fishing.

Last month, the US expanded this monument by five times, to an area the size of the Gulf of Mexico.

“In total, governments attending the 2014 and 2015 Our Ocean conferences announced new commitments to protect nearly 6 million square kilometers of the ocean – an area more than twice the size of India.  NGOs and philanthropies attending the conferences also announced significant commitments to help establish and implement these and other MPAs.”

“The world has agreed to a target of conserving at least 10 percent of coastal and marine areas, including through effectively managed protected areas, by 2020.  Through the Our Ocean conferences, we seek to help achieve and even surpass this goal. ”

The reason that all of the fishery management councils, most state fishery managers, and a majority of the US seafood industry recently wrote Obama pleading to stop the expansion of protected areas without scientific review is that these managers and the industry already work with large areas that are protected, and yet also allow for non-destructive economic activity.

Furthermore, the people involved in creating the protected areas often know nothing about them.  For example, the Boston Globe this morning reports “Administration officials said that a study from the National Oceanic Atmospheric Administration showed waters in the Northeast are projected to rise three times faster than the global average.  In addition, officials said, climate change is threatening fish stocks in the region — such as salmon, lobster, and scallops — and the monument will provide a refuge for at-risk species.”

Lets unpack this absurdity.  Global warming is causing species to move, so they will move out of the protected areas and into non-protected areas.   Second, the examples given are so uninformed.  Lobster populations are the highest in a hundred years; scallop populations have rebounded under one of the most successful fisheries management initiatives on the East Coast.  And Salmon?  Why salmon have not been fished in quantity in New England for hundreds of years, and the designation of part of the continental shelf for protection has nothing to do whatsoever with salmon habitat.  They are not there, and never have been.   It is this level of ignorance that makes the fishery councils throw up their hands in despair.

Given the ease with which the NGOs can communicate the desire for no-take reserves, they demonize the alternative, which is managed areas for protection.  This is the way most of the US protected areas have been created: through a review and nomination process that is scientifically vetted, and through use of the essential habitat laws that are part of Magnuson.  In fact, in the examples above, it is precisely managed protection that has led to a huge abundance of scallops, lobsters, and preserved salmon runs.

NGOs are winning the battle on creating no-take marine monuments.  But to do this, they have to deny the validity of the scientific and public review that has led to the dramatic changes in global fisheries sustainability over the past twenty years.  It is no mystery why many wild fish stocks are rebounding.  It is because managers imposed the correct science of harvest control and protection of spawning areas.

It is precisely when they abandon arguments based on science-driven actions to protect areas where the NGOs may lose us the war.

By encouraging their supporters to devalue the existing protections (32% of US waters) because only 10% are full no-take zones, the NGOs also deny the validity of the scientific review process which fishery managers have used to bring back global fish stocks.

Protecting marine environments should be a joint goal our entire country, including the seafood industry, environmental activists, and the public at large.  The most effective way to do that is to constantly support the application of science driven decision making to questions about marine habitats and resources.

By undermining that approach, NGOs risk advancing those who will claim their uses of the marine environment don’t have to be analyzed for impacts.

Today, the political powers broadly support more marine protection.  In the future, political powers may broadly support increased jobs in the arctic or wherever needed, without regard to the impact on marine ecosystems.

It was the North Pacific Council, who put in place a moratorium on fishing in the arctic ocean, that took one of the most dramatic steps for marine protection in a changing environment.  They did this in the context of making the best scientific decisions possible, and they set up a review process that would curtail any reckless or damaging approaches to that marine environment.

The NGO’s, by failing to recognize the strong advancement of protections already in place, may end up weakening these protections in a future of warmer waters and fisheries crisis.  That will be precisely when we may need them the most.

Abandoning a public process of scientific review is a dangerous game because we do not know what the future will bring.  Yet the NGO’s are arguing that their emotional approach leads to the strongest long-term protection.

The actual results may be the opposite.

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

RHODE ISLAND: Newport lobsterman opposes plan for marine national monument

September 14, 2016 — In a move that will rile at least one Newport lobsterman, President Obama is expected to designate the first marine national monument Thursday in a bid to preserve underwater mountains, canyons and ecosystems about 150 miles off the New England coast.

The president is expected to announce the creation of the Northeast Canyons and Seamounts Marine National Monument at the third annual Our Ocean Conference, hosted by U.S. Secretary of State John Kerry in Washington D.C., according to the White House.

The offshore monument aims to protect 4,913 square miles of ocean ecosystems. The protected area includes three underwater canyons deeper than the Grand Canyon.

It also encompasses four underwater mountains known as “seamounts,” which “are biodiversity hotspots” and home to many rare and endangered species, according to the White House.

The “designation will help build the resilience of that unique ecosystem, provide a refuge for at-risk species, and create natural laboratories for scientists to monitor and explore the impacts of climate change,” says a press release.

Read the full story at the Providence Journal

Obama sections off part of Atlantic Ocean

September 15, 2016 — President Obama will designate a section of the Atlantic Ocean off Cape Cod on Thursday as a national monument, banning commercial fishing in the area by 2023 in an effort to protect the region’s ecosystem.

The move, which the president will formally announce at the Third Annual Our Ocean Conference in Washington, won praise Wednesday from environmental groups but drew condemnation from the fishing industry.

But on Wednesday, the Southern Georges Bank Coalition, which has representatives from local fisheries and industry groups including the Massachusetts Lobstermen’s Association, criticized the new designation off the Cape.

In a letter to Christina W. Goldfuss of the White House Council on Environmental Quality, attorneys for the coalition wrote that “millions of dollars of lost revenue are at stake” for local fisheries, and they questioned the legality of the move.

Some elected officials in Massachusetts have raised concerns about the plan, including Mayor Jon Mitchell of New Bedford, whose city is home to a commercial fishing port.

“While I believe the industry generally was in a position to manage the implications of the so-called ‘sea mount’ area of the monument, the inclusion of the ‘canyons’ area would have benefited from more industry input,” Mitchell said, adding that “these types of decisions should be subjected to the more robust regulatory processes under the Magnuson-Stevens Act, which has successfully led to the protection of sea canyons . . . without unduly burdening the commercial fishing industry.”

His concerns were echoed by Senator Edward J. Markey, who called the president’s action an “important milestone” for conservation but said he was “concerned that the impacts of this marine monument designation on the fishing community in New England were not fully minimized.”

Read the full story at the Boston Globe

Obama’s Atlantic Monument Hurts Lobster, Red Crab, and Other Fisheries

September 15, 2016 — President Obama will designate a national monument Thursday covering thousands of square miles in the Atlantic Ocean, pleasing environmental groups but flying in the face of opposition from state officials and fishing organizations.

The Northeast Canyons and Seamounts Marine National Monument will cover 4,913 square miles off the coast of New England — an area nearly the size of the state of Connecticut — the White House announced Thursday. It will include “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,” it said.

Robert Vanasse, executive director of fishing advocacy group Saving Seafood, slammed the declaration, saying White House officials never seriously took the concerns of locals into account.

“It’s just really obvious that the fix was in from the start,” Vanasse told BuzzFeed News. “I believe the sound waves hit their eardrums but I don’t believe they were actually listening.”

Though the exact parameters of the monument were not available late Wednesday, Vanasse said the designation could potentially cost the offshore lobster community $10 million a year. He also said red crab, squid, and other fishing industries could take significant hits by a monument designation.

According to the White House, fishing within the monument will be phased out; red crab and lobster fisheries will have seven years before having to leave, and other commercial fishers will have a 60-day transition period.

Vanasse praised the gradual change — because it’ll give the industry time to fight the designation.

“The fact that they have some time is going to be a good thing because we can fight this and we’ll be fighting it with a different administration,” he said. “I imagine that we will see a legal challenge.”

Read the full story at BuzzFeed News

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