Saving Seafood

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

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

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

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

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steps” for how the Habitat Committee should proceed given that some of the actions in the Coral Amendment have been superseded by the monument’s establishment.

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

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

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

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

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

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

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

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

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

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

Obama Designates 1st Marine Monument In The Atlantic; Draws Ire of Fishermen

September 15, 2016 — During the Our Ocean conference in Washington, D.C., President Obama announced the creation of the first national marine monument in the Atlantic Ocean.

“We’re protecting fragile ecosystems off the coast of New England, including pristine underseas canyons and seamounts,” Obama said during his remarks. “We’re helping make the oceans more resilient to climate change … and we’re doing it in a way that respects the fishing industry’s unique role in New England’s economy and history.”

Opponents are already challenging the move, calling it an illegal use of presidential authority.

“We don’t normally create laws in this country by the stroke of an imperial pen,” says Bob Vanasse, a spokesman for the National Coalition for Fishing Communities.

He adds, “This is not only an end-run around Congress, it’s an end-run around the entire system the Congress created to protect these ocean resources.”

Vanasse says the move will seriously hurt the fishing industry: “We anticipate the offshore lobster industry will be affected to the tune of about $10 million per year. On top of that one of most affected industries is going to be the Atlantic red crab industry. It is going to be very significantly impacted.”

Senior administration officials say to mitigate the financial harm, they’re designating a smaller area than planned, and lobster and red crab fisheries have been given a seven-year grace period before they have to comply.

Jon Williams, president of the Atlantic Red Crab Company in Massachusetts, says his company will survive, but he tells The Associated Press, “It’s a big blow to us.”

Read and listen to the full story at NPR

Northeast Fishing Groups Question Legality of Antiquities Act in Monument Designation

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

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

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

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

II. FISHERIES ARE BEST MANAGED UNDER THE MSA 

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

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

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

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

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

Read the full letter here

Will Obama fence off more of the ocean? US fishermen are fearful

September 13, 2016 — American fishermen are deeply fearful that the Obama White House could cut them off as early as this week from major fishing areas of the U.S. continental shelf on both coasts, further restricting one of the most highly regulated fishing industries in the world.

At stake are millions of dollars in fishing revenue and hundreds of jobs — and in some parts of the country, the survival of an embattled way of life that has persisted for centuries but is facing environmentalist pressures unlike anything before — and without  the chance for hearings and legislative back-and-forth that U.S. laws normally require.

“This totally affects us, but we don’t know what’s going on,” one fishing boat owner, who asked to remain anonymous, told Fox News. “We are just out of the loop. No one even wants to say what effect it will have.”

“They are throwing all fishermen under the bus, along with their supporting industries” declared Marty Scanlon, a fishing boat owner and member of a National Oceanic and Atmospheric Administration fisheries advisory panel on highly migratory fish species in the Atlantic. “They’ve done everything they can to put us out of business.”

What the fishermen fear most is the kind of unilateral action by the White House that they have already seen elsewhere. As part of their ongoing environmental ambitions, the Obama administration’s Council on Environmental Quality, and the president himself, are aggressively interested in creating preservation zones that would ban fishing and other activities within large portions of the 200-mile U.S. “exclusive economic zone” of maritime influence, and just as interested in getting other nations to do so, in their own as well as international waters.

That aim, supported by many important environmental groups, is cited as urgently required for protection against diminishing  biodiversity, overfishing and damage to coral and unique underwater geological features — not to mention the fact that with only a few months remaining in his term, the president sees such sweeping gestures as part of his legacy of achievements, and as the boat owner put it, “the window is narrowing” for the administration to act.

As one result, pressure from lobbying campaigns both for and against new declarations of such no-go zones both along the U.S. northeastern Atlantic coast and the coast of California have been mounting.

So has, apparently, behind-the-scenes maneuvering to get influential Democratic legislators to support such new preservation areas publicly — a tough call, since the affected fishermen are also constituents. So far, many of the Democrats are keeping a low profile.

Read the full story at Fox News

National Marine Monument off New England coast?

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

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

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

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

Cashes Ledge currently is closed to commercial fishing.

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

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

Read the full story at the Gloucester Times

Late-term Obama, GOP clash over monuments

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

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

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

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

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

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

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

Read the full story at The Hill

House Water, Power and Oceans Newsletter August 2016

September 6, 2016 — The following was released by the House Committee on Natural Resources’ Subcommittee on Water, Power, and Oceans:

Over the past few months, the House Subcommittee on Water, Power and Oceans worked towards enhancing water and power supplies, instilling federal transparency and accountability and promoting fishing access in domestic and international waters. In the final months of the 114th Congress, the Subcommittee will continue these efforts through legislative and oversight activities. For additional information about the Subcommittee please visit our website.

PROTECTING FISHING ACCESS

NATIONAL OCEAN POLICY HAS FISHING AND FARMING INTERESTS CONCERNED

The Subcommittee held a May hearing on President Obama’s National Ocean Policy. Following unsuccessful efforts to pass major national ocean policy legislation during three successive Congresses under both Democrat and Republican majorities, the Administration initiated the development of a sweeping multi-agency federal management plan for oceans, which culminated in July 2010 when President Obama issued Executive Order 13547. This Executive Order created the National Ocean Council, which includes the heads of 27 different federal agencies. The National Ocean Policy imposes a new governance structure over agencies to ensure to the fullest extent that all agency actions are consistent with the objectives laid out in the Executive Order, including marine spatial planning and ecosystem-based management.

The Subcommittee heard from witnesses representing fishing interests in the Northeast and Gulf of Mexico and a western farming and ranching witness. The Administration refused to provide a witness for the hearing to help clear up many unanswered questions. Representative Bradley Byrne (R-AL) successfully offered an amendment preventing federal funds from being used to execute actions under the National Ocean Policy to the Fiscal Year 2017 Interior Department appropriations bill.

CHAIRMAN BISHOP VISITS NEW ENGLAND COMMERCIAL FISHERIES PORT

Following the one-year anniversary of the House passage of H.R. 1335, legislation reauthorizing the Magnuson-Stevens Act, House Committee on Natural Resources Chairman Rob Bishop spent June 2, 2016 touring one of the Nation’s leading commercial fishing ports in New Bedford, Massachusetts. Accompanied by New Bedford Mayor Jon Mitchell, Representative Bill Keating, and fishing industry leaders, Bishop spent the day touring the harbor and shore-side facilities that support this robust working waterfront.

Chairman Bishop also participated in a roundtable discussion with dozens of industry representatives at the historic New Bedford Whaling Museum. While the roundtable initially focused on the work of the Committee and efforts to reauthorize the Magnuson-Stevens Act, the conversation quickly turned to the proposed Marine National Monument off the coast of Massachusetts currently under consideration by President Obama. During the roundtable, industry representatives noted the lack of transparency and presented an industry alternative to the proposal. This alternative mirrors the unified stance taken by state fisheries directors from Maine to Florida outlined in a May 9 letter to President Obama from the Atlantic States Marine Fisheries Commission.

Following this visit, Chairman Rob Bishop penned an op-ed in the Boston Herald discussing the Administration’s Marine National Monument proposal and highlighting the lack of transparency and stakeholder input in the Antiquities Act process. The Chairman’s op-ed can be found here. In response to widespread local opposition to this proposal, Representative Lee Zeldin (R-NY) successfully offered an amendment to the Fiscal Year 2017 Interior Department appropriations bill that prevents federal funds from being used to designate a Marine National Monument in U.S. federal waters (three miles from shore out to 200 miles). This followed the House’s June passage of Zeldin’s H.R. 3070, the “EEZ Zone Clarification and Access Act.” The bill allows recreational striped bass fishing in the Block Island Transit Zone and is the result of grassroots efforts by Long Island fishermen who testified at Natural Resources Committee hearings.

Read the full newsletter at the House Committee on Natural Resources

Undersea monument plan advocates hear fishermen’s concerns

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

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

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

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

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

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

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

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

Read the full story at The Day

 

Environmentalists push for Atlantic Marine Monument

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

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

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

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

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

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

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

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

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

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

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

Read the full story at Take Part

Battle over Cashes Ledge continues between fishermen, environmentalists

August 29, 2016 — Despite the Obama administration’s declaration that Cashes Ledge has been taken off the table as a possible location for a marine national monument, the divisive issue of the monuments continues to percolate nationally between fishermen and conservationists.

From Hawaii to New England, the lines are clearly drawn.

Conservation groups have sustained a steady lobbying campaign to convince President Obama to employ the Antiquities Act to create new marine national monuments in the waters around Cashes Ledge, about 80 miles off Gloucester, and the seamounts off southern New England and Monterey, California.

On Friday, Obama ended a contentious process in the Pacific Ocean when he expanded an existing marine national monument area in the northwest Hawaiian Islands to create the largest protected area on Earth — 582,578 square miles.

Fishing stakeholders and fishing communities have countered with their own public campaign that sharply criticizes the collateral impact of closing more areas to commercial and recreational fishing, as well as the method of using the Antiquities Act as an end-run around the Magnuson-Stevens Fishery Conservation Act.

“The Antiquities Act does not require transparency or a robust analysis of the science,” the Gloucester-based Northeast Seafood Coalition said in a statement. “It does not require any socioeconomic considerations be taken into account. No process is required other than an executive action by the president of the United States.”

The coalition and others, including several members of the Massachusetts congressional delegation and Gov. Charlie Baker, have tried to drive home the point that the current system of federal ocean management requires fishing businesses and communities to follow the established and intricate regulatory procedures established under Magnuson-Stevens.

To allow the creation of marine national monuments by what amounts to presidential fiat, they say, is unfair to those who have operated under the established rules and makes a mockery of Magnuson-Stevens.

“The New England Fishery Management Council is in charge of carrying out this requirement in our region,” the NSC said. “Last year, the council approved Omnibus Habitat Amendment 2 and is presently working on an Omnibus Deep Coral Amendment. These areas include the very areas now proposed and under consideration for a national monument.”

Read the full story at the Gloucester Times