Saving Seafood

New Bedford Standard-Times: Stakeholders deserve open process in monument designation

August 26, 2016 — Today, the Standard-Times in New Bedford, Mass., the highest grossing seaport in the country, dedicated its opinion section to the issue of marine monuments designated by executive authority under the Antiquities Act. This was done in conjunction with today’s announcement that President Obama will quadruple the size of the Papahanaumokuakea Marine National Monument off the coast of Hawaii.

In its editorial, the Standard-Times noted that a monument designation off the coast of New England “lacks checks and balances that would deliver a better policy” and that environmental groups have pushed for a monument in secret “in order to gain an advantage over industry and other stakeholders.” 

Together with today’s editorial, the Standard-Times published letters to the White House by two coastal mayors, Jon Mitchell from New Bedford and Clyde Roberson from Monterey, Calif., questioning the efficacy of offshore monument designations and asking for a more transparent process. The following is excerpted from the Standard-Times’ editorial:

The National Park Service was established 100 years ago when President Woodrow Wilson signed the National Park Service Organic Act.

The 84 million acres under the NPS is a treasure that belongs to all of us, and we applaud efforts to expand the protection of our natural resources, but we also recognize some such efforts go too far, including in the push to establish a national monument off the New England coast.

The Canyons and Seamounts are indeed precious resources, but the scope and the current process being advanced by environmental organizations lack checks and balances that would deliver a better policy.

New Bedford Mayor Jon Mitchell last week sent a letter to the acting director of the Council for Environmental Quality, a White House agency that advises the president on such issues, noting the push for the seamounts monument has kept stakeholders from participating in the process.

Indeed, we have previously reported on efforts by environmentalists to keep their advocacy for the monument designation a secret in order to gain an advantage over industry and other stakeholders.

The president did not go along with the environmentalists last fall, and it is our fervent hope that if he isn’t advised by CEQ to pursue the more open process, the duty to represent and hear all stakeholders will prevail.

See today’s opinion page in the New Bedford Standard-Times

Read the full editorial at the New Bedford Standard-Times

Read Mayor Jon Mitchell’s full letter here

Read Mayor Clyde Roberson’s full letter here

Fishing industry fears Obama’s power over coastal waters

August 25, 2016 — The prospect that President Barack Obama could designate as marine monuments areas off the Massachusetts and California coasts is being met with resistance from various fishing groups and port-town mayors. If Obama uses his authority under the Antiquities Act to name as federal monuments the New England Coral Canyons and Seamounts, and many of the seamounts, ridges and banks off California’s coast, commercial fishing would be significantly restricted and the viability of two of the country’s most important fishing ports would be threatened — Monterey, Calif., and New Bedford, Mass., (the nation’s highest-grossing fishing port), the mayors of those ports argued in letters to the White House on Wednesday.

The mayors — Jon Mitchell of New Bedford and Clyde Roberson of Monterey — and industry groups, like the National Coalition for Fishing Communities, also argue such actions would sidestep the fishery management system overseen by the National Oceanic and Atmospheric Administration, which makes decisions based on scientific analysis and public input to ensure the sustainability of seafood stocks.

Read the full story at POLITICO

REP. LEE ZELDIN: To Protect the Antiquities Act, Don’t Abuse It

August 25, 2016 — The Antiquities Act was passed by Congress in 1906 and signed into law by President Teddy Roosevelt in an effort to preserve American land after the pillage and destruction of a number of Native American and archaeological sites in the Southwest United States. The Antiquities Act is one of the most important pieces of conservation legislation in our nation’s history, providing the President with the sole power to declare National Monuments on federal land for the purposes of historical and natural preservation and waters. These sites often become part of the National Parks Systems under the care of the National Parks Service which is tasked with the protection of all of our valuable monuments.

Throughout its history, the Antiquities Act has had bipartisan support and has been used by 13 Presidents. The preservation of the Statue of Liberty, Death Valley and Grand Canyon are just a few of the monumental and historic American sites that were saved through the Antiquities Act. However, for fishermen on Long Island and nationwide, the current administration’s overzealous and overly broad interpretation of this law is causing great concern.

Recent Marine Monument designations proclaimed by the Obama Administration have been the largest in U.S. history, locking out fishing in perpetuity—a severe departure from the original intent of the Antiquities Act to preserve historical sites and archeological treasures. In 2014, President Obama declared a 490,000 square mile area of water in the Pacific Ocean as a National Marine Monument after receiving little public input and through a process where transparency was severely lacking. As a result of this new monument, recreational fishing was severely limited and commercial fishing was completely banned, hurting fishermen in the Pacific Ocean. Now, important fishing areas in the Northwest Atlantic, where fishermen from Greenport, Montauk, and throughout the entire New York and New England region have worked for centuries, are under consideration for a National Marine Monument designation by the current administration. As the President is pushing to apply this power to large areas of ocean in the Northwest Atlantic, he is threatening to shutdown thousands of square miles of ocean from Long Island fishermen through abuse of the Antiquities Act.

Read the full op-ed at Rep. Lee Zeldin’s House Website

Coastal mayors join to oppose Obama administration’s ‘marine monuments’ plan

August 24, 2016 — The Obama administration is running afoul of transparency and openness as it prepares to create offshore marine monuments off California and New England, two mayors including Jon Mitchell are telling the administration.

Mitchell was joined by Monterey, California Mayor Clyde Roberson in sending the Obama White House letters expressing “serious concerns” about the potential economic harm to their ports from the use of executive action by the administration to create new federal marine monuments off the coasts.

A chorus of opposition has been rising from fishermen and fishing communities across the country opposing the creation of marine monuments outside of the existing ocean management processes.

New Bedford is the highest-grossing fishing port in the nation; Monterey is one of the most valuable fishing ports in California.

Writing to Council on Environmental Quality Acting Director Christy Goldfuss, Mitchell praised the successes of the current fishing management process, overseen by NOAA, a process that includes the voices of all ocean stakeholders in its deliberations, according to a release from the The National Coalition for Fishing Communities. “The process is far from perfect, but it affords ample opportunity for stakeholders and the public alike to review and comment on policy decisions and for the peer reviewing of the scientific bases of those decisions,” Mitchell wrote.

Read the full story at the New Bedford Standard-Times

JON WILLIAMS: Monument Area Vital To Fishermen

August 23, 2016 — The following is excerpted from a letter to the editor written by Jon Williams, president of the New England Red Crab Harvesters’ Association. It was published today:

I was disappointed with The Courant’s Aug. 18 editorial “Atlantic Marine Preserve Would Be Victory For Environment” endorsing a plan for President Obama to designate a marine national monument off the New England coast.

Contrary to what the editorial stated, a monument would profoundly impact commercial fishermen. The editorial cited the Natural Resources Defense Council’s claim that the “vast majority of red crab landings” along the Eastern Seaboard are outside the proposed protection area. But take it from a crab fisherman: That area is vital to our livelihoods.

Read the full letter at the Hartford Courant

Obama’s Environmental Legacy: Some 24 National Monuments

August 15, 2016 — The race is on to win President Barack Obama’s attention as he puts some final touches on his environmental legacy.

Conservation groups, American Indian tribes and federal lawmakers are urging his administration to preserve millions of acres as national monuments. Such a designation often prevents new drilling and mining on public lands, or the construction of new roads and utility lines.

The flurry of activity is creating enthusiasm — and tensions — in several parts of the country.

Efforts are underway in Utah, Arizona, Nevada, Maine and elsewhere to get Obama to designate new national monuments. Proponents aren’t just focused on land. They’re also looking to greater protections for vast swaths of ocean bottom off the coasts of New England, California and Hawaii.

Proponents of the various monument proposals know that the next administration will have other immediate priorities. Some presidents, including Richard Nixon, Ronald Reagan and George H.W. Bush, never exercised their powers to designate national monuments through the 1906 Antiquities Act. The proponents recognize the window of opportunity could be closing for several years.

They’re also aware that Obama’s immediate predecessors, Presidents Bill Clinton and George W. Bush, waited almost exclusively until their final months in office to designate national monuments, so there is a chance Obama will become even more active.

That’s disconcerting for many members in Congress, particularly Republicans, who say the Antiquities Act wasn’t designed to bolster a president’s legacy.

“Presidents are starting to abuse this authority as they leave the office. If they actually tried to do this on the first day so that Congress had some ability to respond to it, and the people did, I’d be more comfortable about what their motives are,” said GOP Rep. Rob Bishop of Utah, chairman of the House Natural Resources Committee.

Read the full story from the Associated Press at ABC News

Connecticut Lawmakers, Proposed Atlantic Monument Met With Opposition From Commercial Fishermen

August 5, 2016 — The following is excerpted from a story published yesterday by the Hartford Courant:

A plan announced Thursday that would designate a unique undersea area 150 miles off the New England coast as the nation’s first Atlantic marine national monument was met with immediate opposition from commercial fishermen.

Connecticut’s congressional delegation, as well as environmental and educational groups, want President Barack Obama to preserve the “New England Coral Canyons and Seamounts” area, which lies along the continental shelf.

The proposal would dramatically restrict commercial fishing in that area and is drawing fierce opposition from commercial fisherman like Stonington’s Bobby Guzzo, who owns and operates two boats.

“That’s just the government trying to take all our water,” Guzzo said Thursday from aboard his fishing vessel. “I’m dead set against it.”

Joseph Gilbert’s Empire Fisheries operates four fishing boats out of Stonington, and he also has problems with the proposed undersea sanctuary. “Fishermen are conservationists, too,” Gilbert said, explaining that he believes the proposal “is well intentioned” but simply “goes too far” without considering the impact on commercial fishing operations and supplies of fish for consumers.

“A lot of these areas are protected already,” Gilbert said.

Commercial fishing groups such as the National Coalition for Fishing Communities argue that there already exist federal laws and regulatory commissions that are set up to protect valuable marine resources like those within the proposed marine sanctuary.

The Atlantic States Marine Fisheries Commission, which is responsible for regulating fishing in the region, is also opposed to creation of a protected marine monument off New England’s continental shelf. Commercial fishing organizations warn that the plan would hamper fishing for red crab, swordfish, tuna, as well as off-shore lobster fisheries.

Jon Mitchell, mayor of New Bedford, Mass., New England’s most important fishing port, has also objected to the proposal, as has Maine Gov. Paul LePage.

Read the full story at the Hartford Courant

New England Fishing Groups Oppose Use of Antiquities Act for Atlantic Marine Monument as Requested by Connecticut Lawmakers

August 4, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON (NCFC) – August 4, 2016 – Led by Sen. Richard Blumenthal, the Connecticut Congressional Delegation today asked President Obama to use executive authority under the Antiquities Act to designate the New England Coral Canyons and Seamounts as a Marine National Monument. The Connecticut Congressional Delegation is comprised of Sen. Blumenthal, Sen. Chris Murphy, Rep. John Larson, Rep. Joe Courtney, Rep. Rosa DeLauro, Rep. Jim Himes, and Rep. Elizabeth Esty.

Members of the National Coalition for Fishing Communities (NCFC) have previously expressed opposition to the misuse of the Antiquities Act to designate an Atlantic Marine Monument. A monument designation would subvert the open and transparent process for fisheries management currently in place under the Magnuson-Stevens Act, and threatens the jobs and livelihoods of hardworking fishermen.

Below are statements from NCFC members on their opposition to an Atlantic Marine Monument designation.

David Frulla and Andrew Minkiewicz, Fisheries Survival Fund (Atlantic Scallops):

“A monument designation, with its unilateral implementation and opaque process, is the exact opposite of the fisheries management process in which we participate. Public areas and public resources should be managed in an open and transparent manner, not an imperial stroke of the pen.”

Jon Williams, New England Red Crab Harvesters’ Association:

“The red crab fishing business I’ve been operating for twenty years is active in some of the areas under the proposal. Not only has our fishery complied with every regulation, but we have expended significant resources and time to ensure the health of the resource we fish. These efforts to both understand and minimize our impact on the environment have been so successful that after forty years of red crab fishing, our fishing grounds are described as ‘pristine’ by the same environmental groups who seek the monument designation. If these habitats are still ‘pristine’ after forty years of fishing, how can a serious argument be made that the area is in imminent danger and in need of immediate, unilateral protection by presidential fiat?”

Greg DiDomenico, Garden State Seafood Association:

“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. 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.”

Richard P. Ruais, American Bluefin Tuna Association:

“Given that our fishing gear has no negative impact on deep sea coral, a proposed prohibition on the fishing methods we employ would be arbitrary, completely unnecessary and would result in significant negative economic consequences.”

Statements from more NCFC members on their opposition to an Atlantic Marine Monument are available here.

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

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

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

Read and watch the full story at Long Island Exchange

U.S. House Makes Strong Statement Against Marine Monument

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

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

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

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

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

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

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

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

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

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

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

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