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Federal court rules against fishermen in Northeast Canyons monument lawsuit

October 10, 2018 — A federal judge last week dismissed a lawsuit brought by commercial fishing groups that challenged the creation of a marine national monument in 2016.

The organizations, which included the Long Island Commercial Fishing Association and the Massachusetts Lobstermen’s Association, claimed the administration of U.S. President Barack Obama did not have the authority to establish the Northeast Canyons and Seamounts Marine National Monument.

The monument is the first national marine monument established in the Atlantic Ocean. Because of the designation, commercial fishing – except for certain red crab and lobster fishing – is prohibited in the 5,000-square-mile area. The crab and lobster fishing will continue until their permits expire.

While the administration of current U.S. President Donald Trump has been considering reopening it and other marine monuments for commercial fishing, it did seek the dismissal of the lawsuit, claiming the Antiquities Act gave presidents the right to establish and define such monuments.

“This is not a joke, jobs will be lost and thousands of people’s lives will be impacted through a back-door process that did not require formal federal review,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in a Facebook post.

Read the full story at Seafood Source

 

NEFMC SSC Meeting Live Streaming Information

August 5, 2016 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council’s Scientific and Statistical Committee (SSC) will meet on Wednesday, August 10, 2016.  The public is invited to participate via webinar or telephone.  Here are the details.

MEETING LOCATION:  Hilton Garden Inn, Boston Logan Airport, 100 Boardman Street.  Hotel information is available here.

START TIME:  9:00 a.m.

WEBINAR REGISTRATION:  Online access to the meeting will be available here.

There is no charge to access the meeting through this webinar.

CALL-IN OPTION:  To listen by telephone, dial +1 (914) 614-3221.

The access code is 960-909-979.

Please be aware that if you dial in, your regular phone charges will apply.

AGENDA:  The SSC will develop overfishing levels (OFLs) and acceptable biological catch (ABC) recommendations for (1) Georges Bank yellowtail flounder for fishing year 2017; (2) monkfish for fishing years 2017-2019; and (3) Atlantic deep-sea red crab for fishing years 2017-2019.  The SSC also may take up other business as necessary.

MATERIALS:  Meeting materials are available on the Council’s website at SSC Aug. 10, 2016 meeting.

ASMFC Urges President to Minimize Potential Economic Harm from Atlantic Marine Monument Designation

ALEXANDRIA, Va. (Saving Seafood) – May 4, 2016 – The Atlantic States Marine Fisheries Commission (ASMFC) has taken a formal position on the possibility of a Presidential proclamation of an Atlantic Marine Monument.

The Obama administration, at the urging of major environmental groups, is considering creating a National Monument in the New England Canyons and Seamounts region via the Antiquities Act. Few specifics have been released about what the monument would look like, but it could have significant negative impacts on fishermen in the affected areas.

The ASMFC’s Interstate Fisheries Management Program (ISFMP) Policy Board unanimously (with three abstentions) approved a resolution today drawing a line in the ocean (see map), in close proximity to the Atlantic canyons and seamounts off of Georges Banks, and urging that the creation of a monument only take place in a region seaward of that line. The ASMFC resolution urges that management of waters under Federal control from the coastline to that line be managed under the Magnuson-Stevens Act.

The resolution states:

  • That it is the preference of ASMFC that the current New England Fishery Management Council coral management process continue without a Presidential proclamation on the issue;
  • That should the President decide to designate a deep-water marine monument off the New England coast prior to the end of his Presidency, it should be limited to the smallest area compatible with the proper care and management of the objects to be protected, as required by the Antiquities Act;
  • That the area be limited to depths greater than approximately 900 meters and encompass any or all of the region seaward of the line (see map) out to the outer limit of the EEZ;
  • That only bottom tending fishing effort be prohibited in the area and that all other mid-water/surface fishing methods (recreational and commercial) be allowed to continue to use the area;
  • That the public and affected user groups be allowed to review and comment on any specific proposal prior to its implementation.

The motion was initially crafted by members of the ASMFC Rhode Island Delegation, in consultation with other regional fisheries organizations. ASMFC’s Lobster Board, where the resolution originated, gave its unanimous approval to the proposal at its meeting on Monday.

In a letter this week to the ASMFC American Lobster Management Board requesting guidance on the monument issue, Board Chairman David Borden wrote about the potential consequences a monument would have for commercial and recreational fisheries in the area.

“The economic impacts of a potential Monument designation would undoubtedly be significant depending on where the boundaries are set. These economic impacts would be felt coast wide as the fishing fleets working in and around the canyons hail from ports across New England and the Mid-Atlantic.”

Specifically highlighted are the potential impacts on the offshore lobster and crab fisheries, which would be hurt by the prohibition on fishing in the monument area, or by being displaced into nearby fishing grounds. Lobster and Jonah crab revenue from Southern New England are estimated at $38 million per year. A monument designation could also hurt the lobster stock by pushing fishermen from areas where lobster is abundant into areas where lobster is more depleted. Concerns were also voiced about potential negative impacts of the proposal on whales and protected species.

Additionally, many of the States represented on ASMFC have major interests in finfish, pelagic longline, squid, and red crab fisheries, or have large recreational fisheries. “All of these fisheries could be directly affected by a closure or indirectly affected by a redirection of effort.”

According to ASMFC Chairman Doug Grout the ASMFC leadership plans to meet with representatives of CEQ next week to discuss ways to mitigate impacts on commercial and recreational fisheries.

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About the ASMFC
In the early 1940s, recognizing that they could accomplish far more through cooperation rather than individual effort, the Atlantic coast states came together to form the Atlantic States Marine Fisheries Commission. An Interstate Compact, ratified by the states and approved by the U.S. Congress in 1942, acknowledged the necessity of the states joining forces to manage their shared migratory fishery resources and affirmed the states’ commitment to cooperative stewardship in promoting and protecting Atlantic coastal fishery resources.

Read a letter from ASMFC Lobster Board Chairman David Borden to the ASMFC Lobster Board

Read a letter from Blue Water Fishermen’s Association Executive Director Terri Lei Beideman to the White House

JON WILLIAMS: Not So Fast On Atlantic Marine Monument

WASHINGTON — November 4, 2015 — The following is an excerpt from an opinion piece written by Jon Williams, President of the Atlantic Red Crab Company of New Bedford, Massachusetts. It was originally published today by The Hill, a Washington-based publication covering Congressional policy and politics: 

An ongoing campaign led by large, well-funded environmental organizations is urging President Obama to use the 1906 Antiquities Act to designate parts of the Atlantic Ocean-such as Cashes Ledge in the Gulf of Maine and the New England Canyons and Seamounts-as marine National Monuments. In September, I had the privilege of testifying before House Natural Resources Committee Subcommittee on Water, Power and Oceans about the aspect of this proposal that seeks to exclude historic fisheries from the designated area.

The Antiquities Act, originally enacted to give Teddy Roosevelt authority to protect vulnerable Native American archeological sites, allows the president to act quickly, unilaterally, and without Congressional oversight to preserve sites in danger of destruction. The act, while undoubtedly created in good faith, has been misused in the case of marine monuments to a frightening extent.

In my case, 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.  We were the first U.S. Atlantic Coast fishery certified as sustainable by the Marine Stewardship Council, demonstrating we have minimal impact on the health of the species and its environment. Additionally, we are listed as “Ocean-Friendly” by the New England Aquarium Seafood Guide program. 

Although these processes took years of effort and hundreds of thousands of dollars-a significant cost for a fishery of our size-it was important that we understood how the red crab fishery impacted the environment and demonstrated that our practices were indeed sustainable. 

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? By labeling our fishery as an imminent threat despite our ability to keep the area pristine, these environmental groups have both ignored the facts and devalued our successful efforts to operate a sustainable fishery.

In addition, those of us who have fished sustainably and responsibly in the area for decades have had our voices almost completely shut out of this process. A prime example was the September 15 “town hall” meeting held by NOAA in Providence, Rhode Island. Hastily arranged, many fishermen who would be affected by the proposals were not even aware that it took place. Those in attendance were provided no firm details on the scope of the proposal, preventing them from commenting substantively about something that could dramatically affect or even eliminate their livelihoods. There’s no guarantee that there will be any future opportunity for those affected to voice their concerns. The Antiquities Act does not require such input, and a designation could come at any time.

Read the full opinion piece at The Hill 

New Bedford crab fisherman opposes ‘National Marine Monument’ for Atlantic

September 29, 2015 — WASHINGTON — Jon Williams is hoping President Obama will think twice before establishing a National Marine Monument off the New England coast in waters where his five boats fish for Atlantic red crab.

“It’s very scary,” said Williams, owner of New Bedford’s Atlantic Red Crab Co. that employs nearly 150 people.

Should the New England Coral Canyons and Seamounts Area be named a national monument, Williams said he would be cut off from fishing grounds that account for between 20 and 40 percent of his red crab haul – an annual loss of around $5 million.

“We have to fish these areas. That’s where the red crab live – at these depths,” he said.

Williams testified Tuesday before a House Natural Resources subcommittee that was examining the issue. Some House Republicans oppose the process of designating national monuments, which essentially leaves the decision solely in the hands of the president. Rep. Don Young, R-Alaska, has proposed giving Congress and affected governors a say.

A number of petitions are pending with the Obama Administration to designate areas off of Alaska and Cape Cod, which would permanently protect them from commercial fishing or oil exploration. And, the entire Connecticut delegation wrote President Obama earlier this month asking that he establish the Atlantic monument to safeguard “the abundance of fish, whales, dolphins and other marine creatures found in this spectacular undersea landscape.”

Read the full story at the Taunton Daily Gazette

Read Jon Williams’ testimony here

 

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