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Putting fishermen first: An open letter to Donald Trump

March 23, 2017 — In your campaign, you correctly recognized that many basic industries in the United States — ones that have created stable jobs and communities for generations — have increasingly come under siege. You identified globalization, overzealous regulation, and the past administration’s inclination to advance international policy goals at the expense of domestic jobs, as among the culprits.

Your words struck a chord among many in the commercial fishing industry, where middle class jobs have been hollowed out of the coastal communities. There are many fishing ports around the country that bear witness to this sad fact.

While your policy prescription is general, like advanced cancer treatments, the best cures may be patient-specific.

We’d like in this column to focus on infrastructure, but not infrastructure as it’s generally thought of. There are plenty of fishing vessels available for use. Many issues with fish processing are largely a function of disuse, rather than a lack of capacity. Instead, we respectfully ask you to focus on the intellectual infrastructure of fisheries management.

Among our chief complaints with the administration just past is that it was long on big plans, but short on follow-through. It’s one thing to center fisheries management policy on data-hungry ecosystem management models and complex catch share programs. It’s quite another to implement these regimes effectively.

Maybe worse than being overzealous, fisheries management in the Obama administration became over-ambitious.

A reflexive reaction might be to throw out all regulation, but that’s not the solution, either. Sustainable fisheries do produce more economic benefits. The U.S. Atlantic scallop fishery is but one example of a somewhat flexible management regime producing an ecologically stable fishery. The lean years have become less lean, and the good — even great — years more prevalent. Product quality improved. Scallopers maintained a consistent level of supply when the rest of the world couldn’t or didn’t. Marketplace rewards followed.

Also, and this may be controversial even among our clients, but starving managers of federal funds does not necessarily make them do less. Specifications need to be set each year, and much of fisheries regulation is just keeping up with what’s happening in the ocean. A lack of resources can, however, make them do what they do less well. “Bureaucratic incompetence” can become a self-fulfilling prophesy when there aren’t sufficient funds for data collection and brain power.

Read the full opinion piece at the National Fisherman

New Bedford Standard-Times: Congress can realign the bureaucracy

March 17, 2017 — The designation of the Northeast Canyons and Seamounts as a national monument last summer might have appeared to be the end of a battle between environmentalists and commercial fishermen, but the installation of an administration focused on deregulation has revived the fight.

The House Committee on Natural Resources on Wednesday held an oversight hearing on the creation of national monuments that included testimony from New Bedford Mayor Jon Mitchell, as well as representatives of extractive industries, academia and commercial tuna fishing. Mayor Mitchell, who couldn’t attend the hearing because of weather-disrupted travel plans, testified about the impact on both the red crab fishery and those fisheries that involve migratory fish that swim in the upper part of the water column. There were questions from committee members that reflected both sides of the issue, including one from a Democrat questioning the validity of the mayor’s argument about migratory fish. The response by University of North Carolina biology professor John Bruno to Democratic Virginia Rep. Don Beyer was that the entire water column needs protection.

Mayor Mitchell also lamented the lack of stakeholder input involved in the monument designation through the executive instrument of the Antiquities Act used by President Barack Obama last year.

Republican Alaska Rep. Don Young also wondered at the Antiquities Act during the hearing, attributing more than just conservation as the goal to the former president: Rep. Young believes the ocean designations made under President Obama were calculated to limit offshore drilling and mining.

Rep. Young noted forcefully that Congress did not create the Antiquities Act to protect oceans, and it represented a clear case of executive overreach.

The Standard-Times is generally in favor of policies that reduce fossil fuel extraction. Nevertheless, Rep. Young’s observation about the Antiquities Act, Mayor Mitchell’s complaint about its use, and the duty of oversight point to the issue of Congress’ intent, which should have weight in the committee’s opinion. Congress has the authority to rein in the bureaucracy, though it doesn’t always exercise that authority.

Read the full story at the New Bedford Standard-Times

New England marine monument gets bad review from lawmakers

March 17, 2017 — Members of subcommittee of the House Natural Resources Committee are objecting to the way President Barack Obama created a national marine monument off the coast of New England last year.

The subcommittee on water, power and oceans held an oversight hearing on the creation and management of marine monuments on Wednesday. Republican members say the creation of the Northeast Canyons and Seamounts Marine National Monument lacked significant local input and scientific scrutiny.

The monument is made up of nearly 5,000 square miles of underwater canyons and mountains. A group of commercial fishermen has filed a lawsuit challenging the legality of its creation.

Read the full story from the Associated Press at NH1

MASSACHUSETTS: New Bedford Mayor questions decision-making process behind marine monuments

March 16, 2017 — Tuesday’s winter storm prevented Mayor Jon Mitchell from appearing in front of the U.S. House Committee on Natural Resources on Wednesday, but he still voiced his opinion on the matter of national marine monuments through written testimony.

Mitchell submitted five pages laying out criticism of President Barack Obama’s executive order that created a protected marine area about 130 miles off the coast of Cape Cod last September.

“The monument designation last fall puts New Bedford jobs in peril, specifically jobs associated with the crab and lobster industries,” he told The Standard-Times. “More generally, the authority exercised by the president is something that could be used again and put other jobs at risk.”

In his testimony, Mitchell highlighted two key concerns with the monuments. First, he called the monument “poorly conceived” and again questioned the process of establishing the protected waters.

“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,” Mitchell wrote in his testimony.

He also questioned the effectiveness of the monuments in protecting marine life, stating that fisheries focused on fish near the surface of the water would “have no impact on the integrity of the bathymetry and substrate that a monument is meant to protect.”

Proponents of the monument refer to the order as a vital piece to the future of marine life. Dr. John Bruno, a biology professor at the University of North Carolina who attended Wednesday’s hearing, supported the protected waters. He criticized past legislation like the Magnuson-Stevens Act saying it’s failed to protect oceanic ecosystems.

Under the Magnuson-Stevens act, temporary fishery management plans are enacted for finite periods. Monuments like those enacted by Obama under the Antiquities Act, are permanent.

“Permanent is an awfully long time to state the obvious,” Mitchell said. “When decisions like that are made, they have to be subjected to the fullest possible input. I’m certainly not taking the position that this sort of thing should never happen but rather these decisions need to be more carefully made.”

Read the full story at the New Bedford Standard-Times

Congressional panel says New England marine monument hurts fishing communities

March 16, 2017 — Members of subcommittee of the House Natural Resources Committee are objecting to the way President Barack Obama created a national marine monument off the coast of New England last year.

The subcommittee on water, power and oceans held an oversight hearing Wednesday on the creation and management of marine monuments. Republican members say the creation of the Northeast Canyons and Seamounts Marine National Monument lacked significant local input and scientific scrutiny.

The monument is made up of nearly 5,000 square miles of underwater canyons and mountains. A group of commercial fishermen has filed a lawsuit challenging the legality of its creation.

The subcommittee is chaired by Doug Lamborn, a Colorado Republican. The subcommittee issued a statement on Wednesday that said the monument negatively impacts New England fishing communities.

Read the full story at the Portland Press Herald

New Bedford Mayor Jon Mitchell set to testify to Congress about impact of marine monument

March 15, 2017 — Weather permitting, Mayor Jon Mitchell on Wednesday will be in Washington giving testimony to Congress about an underwater marine monument which former President Obama created with a stroke of the pen in 2016 over the protests of the fishing community.

The Northeast Canyons and Seamounts Marine National Monument spans nearly 5,000 square miles 150 miles off Cape Cod, and it was hailed by environmentalists for preserving enormous underwater mountains and vast, deep canyons only now being explored.

Three years earlier, an underwater remotely-operated vehicle sent back pictures of incredible life forms and geological features.

“These images, shared by the National Oceanic and Atmospheric Administration, demonstrated to the world that this bit of the Atlantic was an ecological hot spot, a veritable underwater Serengeti,” said the Natural Resources Defense Council.

The NRDC was among the leaders of many organizations that jumped at the opportunity to preserve the monument against human activity, fishing in particular.

Read the full story at the New Bedford Standard-Times

Calls grow louder for Trump to reverse marine monument designations

March 13, 2017 — Elected representatives in Congress and industry groups are appealing to the administration of U.S. President Donald Trump to investigate the potential of removing marine monument designations made by Trump’s predecessors, Barack Obama and George W. Bush.

U.S. House of Representatives Committee on Natural Resources Chairman Rob Bishop (R-UT) and Rep. Aumua Amata Coleman Radewagen (R-American Samoa) sent a letter to Trump earlier this week requesting the removal of fishing restrictions and the reinstatement of fisheries management under federal law, according to a letter released by the committee.

“Using the Antiquities Act to close U.S. waters to domestic fisheries is a clear example of federal overreach and regulatory duplication and obstructs well-managed, sustainable U.S. fishing industries in favor of their foreign counterparts,” the letter said. “You alone can act quickly to reverse this travesty, improve our national security, and support the U.S. fishing industry that contributes to the U.S. economy while providing healthy, well-managed fish for America’s tables.”

The letter attributes the closure of the Tri Marine’s Samoa Tuna Processors canning factory in American Samoa in December 2016 to the U.S. purse-seining tuna fleet’s loss of access to fishing areas in the Pacific Remote Islands Marine National Monument designated in 2009 by President George W. Bush. It also criticizes the Papahānaumokuākea Marine National Monument – created by Bush and expanded by Obama – for removing fishing territory from the Hawaii longline fleet.

“[The monument designations] exemplify how a president and government bureaucracies can dispassionately decimate U.S. fishing industries,” the letter said.

In their letter, Bishop and Radewagen urge Trump to “act swiftly and effectively to remove all marine monument fishing prohibitions,” but do not clarify what specific actions they are asking Trump to take to undo the marine monument designations made under the powers of the Antiquities Act.

Read the full story at Seafood Source

Fishermen Fight to Dismantle First Marine Monument

March 10, 2017 — Unhappy that a Connecticut-sized area off the coast of New England has become a commercial-fishing-free zone, lobstermen and other groups are asking a federal judge to find that President Barack Obama lacked the authority to designate the nation’s first marine monument.

Obama created the Northeast Canyons and Seamounts National Marine Monument this past September, a move that banned oil and gas exploration within the monument area almost immediately, as well as most commercial fishing. Fishing of lobster and red crab is allowed to continue only for the next seven years.

In a March 7 federal complaint, the Massachusetts Lobstermen’s Association and four other groups say that designation affects nearly 5,000 square miles of Atlantic Ocean that has been an important commercial fishery for decades.

“For centuries, the Georges Bank has supported lucrative fisheries,” the complaint states. “The iconic fishing communities of New England and throughout the East Coast sprang up because of the value of this fishery.”

The commercial fishers say restrictions associated with the monument are causing irreparable harm.

Read the full story at Courthouse News

Fishing groups challenge Obama’s creation of underwater national monument

March 8, 2017 — A coalition of commercial fishing groups filed a lawsuit Tuesday to challenge the creation of a national monument off the coast of New England.

President Obama created the monument in September using executive authority under the Antiquities Act. The Northeast Canyons and Seamounts Marine National Monument is made up of nearly 5,000 square miles of underwater canyons and mountains.

The creation of the monument closed the area to most commercial fishing and has been opposed by fishing groups for months. A coalition of the groups filed their lawsuit Tuesday in federal court.

The groups said creation of the monument was a “unilateral” action by Obama that is bringing economic distress to fishermen and their families. They want it ruled an unlawful use of the Antiquities Act.

“The Northeast Canyons and Seamount National Marine Monument purports to designate a monument in the ocean 130 miles from the nation’s coast. This area of the ocean is not ‘lands owned or controlled’ by the federal government,” the lawsuit says. “Therefore, the Antiquities Act does not authorize the President to establish the Northeast Canyon and Seamounts Marine National Monument.”

Read the full story from the Associated Press at the Portland Press Herald

Fishermen sue Trump over monument Obama created

March 8, 2017 — A commercial fishing coalition is reportedly suing the Trump administration over a massive marine monument that was created by President Obama off the coast of New England last year.

The fishermen claim that the president’s designation of the Northeast Canyons and Seamounts Marine National Monument back in September — under the Antiquities Act — was a “unilateral” action that ultimately wound up causing economic distress and hardship for locals.

In their lawsuit, filed Tuesday in federal court, the groups requested that the move be ruled as unlawful and asked that President Trump not move forward with Obama’s decision.

“The Northeast Canyons and Seamount National Marine Monument purports to designate a monument in the ocean 130 miles from the nation’s coast. This area of the ocean is not ‘lands owned or controlled’ by the federal government,” the suit says.

“Therefore, the Antiquities Act does not authorize the President to establish the Northeast Canyon and Seamounts Marine National Monument.”

Read the full story at the New York Post

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