Saving Seafood

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

Majority of US Seafood Producers Call to Stop Undermining Magnuson with End Run for Marine Monuments

September 13, 2016 — WASHINGTON — SEAFOOD NEWS — The US has one of the most highly successful systems for managing living marine resources in the world.  Under the Magnuson Act, stakeholders come together to determine fisheries management policy, guided by the best available science.  The result has been a huge rebuilding of US fish stocks, and the protection of essential habitat.  Many tradeoffs have been made to create closed areas, and to preserve fishing rights where coastal conditions support them.

The keys to this success are first, the decision process is completely open and transparent.  Every argument and decision is made in open forums, and according to the best available science.  This limits the ability to use fisheries resources to score political points.

Both Canada and Europe’s fisheries suffered greatly as governments for years abused their authority by trading fishing privileges for other political favors; with the result that these stocks have been significantly overfished. Only in the last few years has this process begun to be reversed.

Use of the Antiquities Act to create marine monuments, although legal, makes an end run around both state and federal management systems, and in short trades monument designations, made without public review,  for political gain.

Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers. (Letter)

The letter has over 900 fishing industry signers and is supported by 35 fishing organizations that together represent a significant majority of domestic seafood producers.  It urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of the past and ongoing efforts of almost everyone involved to continue to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

U.S. Seafood Producers to White House: Don’t Harm Fisheries for Ocean Monuments

September 12, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers.

The letter, with over 900 fishing industry signers and supported by 35 fishing organizations that represent the majority of domestic seafood harvesters, instead urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of past and ongoing efforts to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

Today’s letter was signed by the following fishing organizations:

  • Alaska Bering Sea Crabbers
  • American Scallop Association
  • American Albacore Fisheries Association
  • At-Sea Processors Association
  • Atlantic Bluefin Tuna Association
  • Atlantic Offshore Lobstermen’s Association
  • California Fisheries and Seafood Institute
  • California Lobster & Trap Fishermen’s Association
  • California Sea Urchin Commission
  • California Wetfish Producers Association
  • Coalition of Coastal Fisheries
  • Coos Bay Trawlers
  • Directed Sustainable Fisheries
  • Fisheries Survival Fund
  • Fishermen’s Dock Co-Op
  • Garden State Seafood Association
  • Golden King Crab Coalition
  • Groundfish Forum
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • Midwater Trawlers Cooperative
  • National Fisheries Institute
  • North Carolina Fisheries Association
  • Oregon Trawl Commission
  • Organized Fishermen of Florida
  • Pacific Coast Federation of Fishermen’s Associations
  • Pacific Seafood Processors Association
  • Pacific Whiting Conservation Cooperative
  • Southeastern Fisheries Association
  • Sustainable Fisheries Coalition
  • United Catcher Boats
  • Ventura County Commercial Fishermen’s Association
  • Washington Trollers Association
  • West Coast Seafood Processors Association
  • Western Fishboat Owners Association

Read the letter here

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

Hawaii and other big marine protected areas ‘could work against conservation’

September 6, 2016 — British and US marine scientists say that the race to designate ever-bigger marine national parks in remote parts of the world could work against conservation.

In an commentary timed to coincide with President Obama’s announcement of the huge extension of a marine park off Hawaii, the authors argue that the creation of very large marine protection areas (Vlmpas) may give the illusion of conservation, when in fact they may be little more than “paper parks”.

“It is not enough to simply cover the remotest parts of our oceans in notional ‘protection’ – we need to focus on seas closer to shore, where most of the fishing and drilling actually happens,” said Peter Jones, a marine researcher at University College London.

Co-author Elizabeth de Santo, an assistant professor at Franklin and Marshall College in Pennsylvania, added that the push for quantity over quality threatens to undermine sustainability.

“There are concerns that marine conservation aims could be undermined by this focus on a few big areas. The marine biodiversity target is about much more than the proportion of the seas that are covered,” she said.

In the past five years over 20 huge new marine parks have been designated by countries, including Britain, in response to calls by marine scientists to protect more of the oceans.

Read the full story at The Guardian

A reel honor: Scientists name new fish after Obama

September 6, 2016 — It isn’t exactly a squid pro quo, but scientists are naming a new fish after President Barack Obama partly as a way to say thanks for his decision last month to create a new protected area off the Hawaiian coast.

National Geographic reported Friday that the maroon and gold creature, which was discovered 300 feet deep in the waters off Kure Atoll, is the only known fish to live within Papahānaumokuākea, an expanse of coral reefs and seamounts home to more than 7,000 species.

One looking for the fish’s official name, however, is likely to stay hooked — a formal description of the species isn’t expected to be published until later this year.

Last week, Obama established the largest protected marine sanctuary in the world when he more than quadrupled the size of the Papahānaumokuākea Marine National Monument to protect reefs, marine life habitats and other resources. The expansion will add 442,781 square miles to the monument, making it now a total of 582,578 square miles.

Read the full story at CNN

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