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NCFC Members View Interior Department Review of National Monuments As Step In the Right Direction

Responsibly and sustainably caught Atlantic red crab, harvested from the Northeast Canyons and Seamounts Monument region, and landed in New Bedford, Massachusetts, being served at Luke’s Lobster in Washington, D.C.

August 24, 2017 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities (NCFC):

This afternoon, Secretary of the Interior Ryan Zinke delivered his recommendations to President Trump on changes to existing national monuments. While the details of the Secretary’s recommendations have not been made public, the AP reported today that they pertain to a “handful” of monuments, and include boundary adjustments and restoration of public access for uses such as fishing.

In March, Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port, submitted testimony to Congress on behalf of the NCFC expressing concern over marine monuments. The mayor released the following statement in light of Secretary Zinke’s findings and recommendations today on national monuments:

“The fisheries management process under the existing Magnuson Act is far from perfect but its great strength is that it has afforded ample structured opportunities for all stakeholders to study and comment on policy decisions and for peer review of the scientific basis for those decisions. The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think the decision to step back and reassess how best to proceed on marine monument designations ought to be welcomed no matter where one stands in the current fisheries debates. We are now presented with an opportunity to integrate the monument designation process with the proven processes established under Magnuson, and that will lead to better policy and better outcomes for all stakeholders.”

Robert Vanasse, Executive Director of Saving Seafood and the NCFC, released the following statement:

“We appreciate Interior Secretary Ryan Zinke’s comments to the Associated Press regarding his report to the President on the review of national monuments created by prior administrations. We are encouraged by his statement that in certain national monuments, public access for uses including fishing would be maintained or restored. We agree with the Secretary that regions inside monuments can be protected ‘by keeping public access to traditional uses.’ The Secretary’s review has been professional, open, and transparent. The Secretary and his staff have been respectful and courteous. They have listened and paid attention to the concerns of our members whose interests were damaged by actions of previous administrations. The vitriol aimed at the Secretary and his staff, and the inaccurate mass e-mail campaigns from numerous groups who oppose a thoughtful review of these monuments has been unfortunate. We look forward to seeing the Secretary’s recommendations in full after they are reviewed by the White House, and we are hopeful for a return to the management of fisheries under the Magnuson-Stevens Act in the regions contained in these marine monuments.”

The following members of our National Coalition for Fishing Communities will comment upon the release of the Secretary’s full recommendations:

Atlantic Offshore Lobstermen’s Association
Destin Charter Boat Association
Fisheries Survival Fund
Garden State Seafood Association
Hawaii Longline Association
Long Island Commercial Fishing Association
North Carolina Fisheries Association
Seafreeze Shoreside
Southeastern Fisheries Association
Western Fishboat Owners Association
West Coast Seafood Processors Association

NOAA recommending $1.5 million for Maine

June 14, 2017 — The National Oceanic and Atmospheric Administration announced last week that it was recommending six Maine fisheries research projects for a total of $1.5 million in Saltonstall-Kennedy program grants.

In line for funding, but still subject to final approval, are grants to the following.

The Downeast Institute for Applied Marine Research and Education, $278,000 for demonstrating aquaculture technologies designed to increase the supply, quality and diversification of domestic seafood and field experiments with cultured arctic surf clams. Last Friday, the organization celebrated the groundbreaking of a $5.8 million expansion of its facilities on Beals Island.

The Gulf of Maine Research Institute, $288,888 to study the issue of “choke species” in a changing climate. Choke species are fish with very small landings quotas. Fishermen who haul them in as bycatch may be forced to stop fishing for other species.

The Atlantic Offshore Lobstermen’s Association, $141,092 to continue and expand the 2015 tagging effort studying lobster migration and growth on Georges Bank and in the Gulf of Maine.

The Bigelow Laboratory for Ocean Sciences, $298,932 to study the phytoremediation potential of farmed kelp in connection with shellfish aquaculture.

The University of Maine, $299,623 to evaluate the life history and stock structure of yellowfin tuna in the northwest Atlantic Ocean.

The University of Maine, $275,308 to assess the potential for the sustainability of fishing-dependent coastal Maine communities in the face of environmental and socioeconomic change.

Read the full story at the Mount Desert Islander

NOAA recommends Maine fisheries research projects for $1.5M in funding

June 8, 2017 — The National Oceanic and Atmospheric Administration has recommended over $1.5 million in Saltonstall-Kennedy Grant Program funding for six fisheries research projects in Maine.

The goal of the Saltonstall-Kennedy program is to fund projects that address the needs of fishing communities, optimize economic benefits by building and maintaining sustainable fisheries and increase other opportunities to keep working waterfronts viable.

The program has recommended the following projects for funding; final approval is pending:

Downeast Institute for Applied Marine Research and Education, $278,000: Demonstrating aquaculture technologies designed to increase the supply, quality and diversification of domestic seafood: Field experiments with cultured arctic surf clams.
Gulf of Maine Research Institute, $288,888: Addressing the issue of “Choke” species in a changing climate.
Atlantic Offshore Lobstermen’s Association Lobster, $141,092: Migration and growth: Continuation and expansion of 2015 tagging effort on Georges Bank and in the Gulf of Maine.
Bigelow Laboratory for Ocean Sciences, $298,932: A ‘Halo’ for shellfish aquaculture: Discovering the phytoremediation potential of farmed kelp.
University of Maine, $299,623: Evaluating the life history and stock structure of yellowfin tuna in the northwest Atlantic Ocean.
University of Maine, $275,308: Assessing the potential for sustainability of fishing-dependent communities in coastal Maine in the face of environmental and socioeconomic change.

In a news release announcing the NOAA’s recommendations, U.S Rep. Chellie Pingree, D-Maine, characterized the projects as “key to the future of the Gulf of Maine and the thousands of Mainers who make their living from it.”

Read the full story at MaineBiz

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

New England fishermen challenge Obama’s marine national monument

March 7, 2017 — The following was released by the Pacific Legal Foundation:

A coalition of New England fishermen organizations filed suit today over former President Barack Obama’s designation of a vast area of ocean as a national monument — a dictate that could sink commercial fishing in New England.

The organizations filing the lawsuit are the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fisherman’s Alliance, and Garden State Seafood Association.

They are represented, free of charge, by Pacific Legal Foundation, a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.

Watch this brief video

The lawsuit challenges President Obama’s September 15, 2016, creation of the Northeast Canyons and Seamounts Marine National Monument, 130 miles off the coast of Cape Cod.

“By declaring over 5,000 square miles of ocean — an area the size of Connecticut — to be a national monument, President Obama set this entire area off-limits to most fishing immediately, with what remains of fishing opportunities to be phased out over the next few years,” said PLF attorney Jonathan Wood. “This illegal, unilateral presidential action threatens economic distress for individuals and families who make their living through fishing, and for New England communities that rely on a vibrant fishing industry.”

A monumental abuse of presidential power

President Obama claimed to be relying on the federal Antiquities Act. But as today’s lawsuit makes clear, his decree far exceeded the authority granted to presidents by that 1906 statute. The Antiquities Act was enacted to protect ancient antiquities and human relics threatened by looting, giving the president broad powers to declare monuments consistent with that purpose.

However, the statute permits creation of national monuments only on “lands owned or controlled” by the federal government. Moreover, any designation must be “confined to the smallest area” needed to protect the artifacts or objects that the monument is intended to safeguard.

“President Obama violated both of those core requirements of the law when he created the Northeast Canyons and Seamounts Marine National Monument,” Wood noted. “Most fundamentally, the ocean, where the monument is located, is not ‘land,’ nor is it federally owned or controlled. The monument designation is also not confined to the smallest necessary area; on the contrary, its sprawling boundaries bear no relation to the underwater canyons and seamounts it is supposed to protect. In short, the designation of a vast area of ocean as a national monument was a blatant abuse of presidential power.

“Unfortunately, the Antiquities Act has morphed into a favorite tool for presidents to abuse,” Wood continued. “Today, presidents use it to place vast areas of federal lands off limits to productive use with little input. Monument designations are particularly common at the end of a chief executive’s term, once the president can no longer be held accountable.

“Former President Obama was the king of Antiquities Act abuse, invoking it more times than any prior president and including vastly more area within his designations than any predecessor,” said Wood. “Our lawsuit is intended to rein in abuse of the Antiquities Act and underscore that it is not a blank check allowing presidents to do whatever they want. The creation of the Northeast Canyons and Seamounts Marine National Monument is a clear example of a president exceeding his authority, and we are suing to make sure this edict is struck down and the rule of law prevails.”

No environmental justification

“Beyond its violation of the law, the monument designation also threatens to harm the environment by pushing fishermen to other, less sustainable fisheries, and increasing conflicts between their gear and whales,” said Wood. “The president’s proclamation cites protection of coral as one of the reasons for the monument. But the corals remain pristine after more than four decades of commercial fishing because fishermen know where the corals are, and carefully avoid them, out of environmental concern and because coral destroys their gear.

“Instead of punishing New England’s fishermen — and shutting down their businesses — federal officials should be acknowledging their positive role as stewards of the ocean’s environmental resources,” Wood added. “This is shown in their laudable efforts to promote sustainability. PLF’s clients, for instance, have spent years working to improve their methods and equipment and to retire excess fishing permits, knowing that these costly sacrifices will provide long-term benefits to their industry and the environment. The monument designation undermines those sustainability efforts, by depriving the fishermen of any reward for their sacrifices.”

With a ‘stroke of the pen,’ Obama’s illegal action ‘puts men and women out of work’

“We are fighting every day to keep the men and women in the commercial fishing industry working, but with one stoke of President Obama’s pen — and his abuse of the Antiquities Act — they are out of work,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

“The monument designation will have a negative rippling effect across the region as fishermen will have to search for new fishing grounds — only to find they are already being fished,” she said. “The shoreside businesses will also feel the impacts, as fishermen have to go further and further to harvest their catch, leaving less funds to reinvest in their businesses.

“We are extremely grateful to have PLF at our side as we fight back against this legal travesty, which is causing so much hardship for the commercial fishing industry here in the Northeast.”

The case is Massachusetts Lobstermen’s Association v. Ross. More information, including the complaint (see attached), a video, photos, podcast, and an explanatory blog post, is available at: www.pacificlegal.org.

Read the full legal filing here

About Pacific Legal Foundation

Pacific Legal Foundation, America’s most powerful ally for justice, litigates in courts nationwide for limited government, property rights, individual liberty, and a balanced approach to environmental regulations. PLF represents all clients free of charge.

Opponents of Atlantic monument say process lacked sufficient analysis

September 19th, 2016 — Opponents of President Barack Obama’s newly designated Atlantic marine monument, which will eventually bar all commercial fishing in a 5,000 square-mile area, say its creation was not preceded by sufficient cost-benefit analysis.

Last week, Obama established a protected area — which will be called the Northeast Canyons and Seamounts National Marine Monument — of nearly 5,000 square miles 130 miles southeast of Cape Cod.

The area was established under the 1906 Antiquities Act, which allows the president to create national monuments without congressional approval, and the method means there was a severe lack of economic and scientific analysis before the decision was made, opponents said.

By contrast, the creation of a national park or changes to fishing policies under the Magnuson-Stevens Act typically trigger extensive public comment and review processes.

Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, estimated to Undercurrent News that the economic impact could be over $120 million in lost revenue, but added that making predictions is difficult given how diverse and dynamic the fishery is.

“There was absolutely no analysis done. This was basically behind closed doors,” he said, adding that there were some private meetings, but “nothing that you would have to go through under Magnuson-Stevens”.

According to Moore, many in the industry never expected the monument to pass when they first heard about it a year ago at a meeting in Providence, Rhode Island and is now trying to figure out how it will adjust.

“Basically the industry right now is taking a step back and taking a deep breath. It came at everybody pretty fast,” Moore said. “It was not until last Friday that certain members of the industry saw the proposal for the first time. That doesn’t give you a whole lot of time to comment and try to work with them. It was basically a done deal.”

Read full story from Undercurrent News

Fishermen upset over creation of Atlantic’s first monument

September 19th, 2016 — Fishermen in New England say President 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, which is charged with regulating the region’s fisheries, 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.”

Read the full story from The Concord Monitor

MASSACHUSETTS: Gov. Baker says marine monument designation hurts fishermen

September 16, 2016 — Gov. Charlie Baker is “deeply disappointed” by President Barack Obama’s plan to designate an area off the New England coast as the first deep-sea marine national monument in the Atlantic Ocean, a move the Swampscott Republican’s administration sees as undermining Massachusetts fishermen.

Obama on Thursday announced the creation of the Northeast Canyons and Seamounts Marine National Monument, a 4,913 square mile area that includes three underwater canyons and four underwater mountains that provide habitats for protected species including sea turtles and endangered whales.

Recreational fishing will be allowed in the protected zone but most commercial fishing operations have 60 days to “transition from the monument area,” according to the White House. Red crab and lobster fisheries will be given seven years to cease operations in the area, which is about 150 miles southeast of Cape Cod.

“The Baker-Polito Administration is deeply disappointed by the federal government’s unilateral decision to undermine the Commonwealth’s commercial and recreational fishermen with this designation,” Baker spokesman Brendan Moss said in an email. “The Commonwealth is committed to working with members of the fishing industry and environmental stakeholders through existing management programs to utilize the best science available in order to continue our advocacy for the responsible protection of our state’s fishing industry while ensuring the preservation of important ecological areas.”

The Atlantic Offshore Lobstermen’s Association condemned the declaration, accusing the president of abusing his power and “indiscriminately” drawing a border “without taking into account the complexity of the marine ecosystem and domestic fishing fleet.”

Baker in November sent a letter to Obama, outlining what he described as “apprehension” over what was then a potential monument designation. Baker wrote that declaring a protected area could undermine ongoing work to develop marine habitat and ocean plans.

Read the full story at Wicked Local

Quit crabbing: Obama creates major no-go zone for fishermen in the Atlantic

September 16, 2016 — President Barack Obama has created a 4,900 square mile no-go zone for commercial fishing and other activity off the coast of New England as the first-ever Atlantic marine monument, a move loudly hailed by many environmentalists, but drawing strong protests from the fishing industry as well as causing discomfort among some prominent Democratic politicians whose constituents are affected.

According to the White House, the newly protected zone, which focuses on a section of the lip of the continental shelf near the fishing grounds of Georges Bank, “includes 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.”

But the area now known as the Northeast Canyons and Seamounts Marine National Monument is also the site of rich lobster and crab fisheries and other commercial fishing activities that are overseen by regional fisheries management councils and are considered to be well-managed, sustainable activities. Some of the fisheries have self-imposed restrictions that are tougher than those laid out by the regulators—and also fish at sea levels far above the ocean bottoms that the marine preserve claims to protect.

Under the monument designation, commercial fishermen have 60 days to depart from the area. Lobster and crab fishermen have been given a seven-year phase-out provision. Recreational fishing will continue to be allowed.

As he did last month in creating a new Pacific marine preserve that is now the largest marine set-aside in the world, Obama used the Antiquities Act of 1906, which allows creation of the protected area by decree rather than the normal legislative process—a procedure that has drawn as much criticism from fishing communities as the creation of the preserve itself.

In a press release, the Atlantic Offshore Lobstermen’s Association declared that “We find it deplorable that the government is kicking the domestic fishing fleet out of an area where they sustainably harvest healthy fish stocks. Declaring a monument via Presidential fiat under unilateral authority of the Antiquities Act stands contrary to the principles of open government and transparency espoused by this President.”

Ray Hilborn, a fisheries scientist who is an expert on global fishing stocks, concurs. He told Fox News, “There is simply no need for arbitrary declaration of Marine Monuments. We have a legal framework that can protect habitats, and rebuild fish stocks that relies on scientific analysis and consultation. If there is a real threat these areas can be closed by the fisheries management councils. Bypassing science and consultation is a very dangerous trend.”

Read the full story at Fox News

Tarr: Marine monument punishes fishermen

September 16, 2016 — Creating the Atlantic Ocean’s first marine national monument is a needed response to dangerous climate change, oceanic dead zones and unsustainable fishing practices, President Barack Obama said Thursday.

But state Senate Minority Leader Bruce Tarr, a Gloucester Republican, said the designation “singled out commercial fishing for more punishment.”

The new Northeast Canyons and Seamounts Marine National Monument consists of nearly 5,000 square miles of underwater canyons and mountains about 150 miles southeast of Cape Cod.

Gov. Charlie Baker said he is “deeply disappointed” by Obama’s designation of an area off the New England coast as the first deep-sea marine national monument in the Atlantic Ocean, a move the Swampscott Republican’s administration sees as undermining Massachusetts fishermen.

The monument area includes three underwater canyons and four underwater mountains that provide habitats for protected species including sea turtles and endangered whales.

Fishing operations

Tarr said the designation marked a missed opportunity to “balance conservation and support for commercial fishing.”

“In New England, we have one of the most highly regulated fishing industries in the world, and we have had a steady decline in the amount of area available to fish, and it should be a last resort to take away more area as opposed to trying to carefully draw the lines of this monument area,” Tarr told the State House News Service.

The marine protections will hurt red crab, swordfish, tuna, squid, whiting and offshore lobster fisheries, according to the Atlantic Offshore Lobstermen’s Association, which said industry representatives offered White House aides alternative proposals that would have protected coral habitat while still allowing fishing in some areas.

Read the full story at the Gloucester Times