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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

WPRFMC: Papahanaumokuakea expansion is ‘arbitrary,’ ignores latest science

September 2, 2016 — Using the power given to presidents under the 1906 National Antiquities Act, [President] Obama has now set aside more than twice as much land and water as any president before him. His latest national monument is in the middle of the Pacific Ocean in waters near the Hawaiian islands.

The president is quadrupling an area first protected by President George W. Bush 10 years ago. It’s called the Papahanaumokuakea Marine National Monument.

Matt Rand, who directs the Global Ocean Legacy Project with the Pew Charitable Trusts, says expanding Papahanaumokuakea keeps [environmental] momentum going in a big way.

“Before President Obama expanded it, it [Papahanaumokuakea] had fallen to the 10th largest marine reserve, which is actually great news,” Rand said. “That means 10 other countries, and 10 other marine reserves, went and one-upped the original Papahanaumokuakea.”

Once again, it’s the largest marine sanctuary in the world.

“Our hope is that President Obama’s bold action now starts another race to protect the ocean,” Rand said.

But that’s sure to be met with stiff resistance from the fishing industry. Paul Dalzell, a senior scientist with the Western Pacific Regional Fishery Management Council in Hawaii, said they’ve set up their own protections to maintain healthy fish populations with things like catch limits. He said the new marine sanctuary is arbitrary and ignores the latest science.

“These environmentalists are going to try to protect something whether that protection is warranted or not,” Dalzell said. “They’re professional advocates, and it’s their job to find something to protect.”

Environmentalists argue that marine sanctuaries can actually help the fishing industry. Setting up marine protections strengthens ecosystems. This, in turn, promotes more productive fisheries outside of protected areas.

Dalzell sees things another way. He said limiting the areas where they traditionally fish will allow foreign fishermen to take away some of their market share.

“How would you like to be told, ‘We’re going to take away 10 percent of your income, but you’re free to go find other work that will make that up?” said Dalzell.

Read the full story at KBIA

Obama In Honolulu: ‘No Nation Is Immune To A Changing Climate’

September 1, 2016 — Climate change and cooperation emerged as key themes Wednesday when President Barack Obama addressed Pacific Island government leaders and others at the East-West Center in Honolulu.

“No nation, not even one as powerful as the United States, is immune to a changing climate,” he said, adding that “there’s no conflict between a healthy economy and a healthy planet.”

“While some members of the U.S. Congress still seem to be debating whether climate change is real or not, you are planning for new places for your people to live,” Obama said. “Crops are withering in the Marshall Islands. Kiribati bought land in another country because theirs may someday be submerged. High seas forced villagers from their homes in Fiji.”

The private speech before the Pacific Islands Conference of Leaders, a group of 20 government officials chaired by Papua New Guinea Prime Minister Peter O’Neill, came on the eve of the International Union for Conservation of Nature’s 10-day event in Honolulu.

More than 9,000 people from 190 countries are coming to what’s been dubbed the “Olympics of Conservation.” It’s the first time that the IUCN’s World Conservation Congress, created in 1948, will meet in the United States — something Obama highlighted in his speech.

Environmental advocates had wanted Obama to speak at the opening ceremony Thursday morning at Blaisdell Center, hoping that’s where he would announce the fourfold expansion of Papahanaumokuakea Marine National Monument around the Northwestern Hawaiian Islands.

Instead, the president signed the proclamation for the expansion last week.

Read the full story at the Honolulu Civil Beat

Undersea monument plan advocates hear fishermen’s concerns

August 31, 2016 — MYSTIC, Conn. — One hundred and fifty miles east of Cape Cod, a unique undersea landscape of deep canyons and high mountains supports a diverse ecosystem, abundant with colorful corals, fragile sponges, beaked whales, dragonfish and mussels adapted to living in methane hydrate seeps, that is being considered for protection as a National Monument.

Two leading advocates for the designation, which would be given by President Barack Obama under the American Antiquities Act before he leaves office in January, explained why they are lobbying for the designation Tuesday to an audience of both conservation advocates and commercial fishing representatives concerned about losing valuable fishing grounds.

U.S. Sen. Richard Blumenthal, D-Conn., and Peter Auster, retired University of Connecticut marine science professor and currently the senior research scientist at the Mystic Aquarium, made their case for declaring the New England Coral Canyons and Seamounts as a Marine National Monument during a program Tuesday evening at the aquarium.

But commercial fishing groups say the designation would cut off their access to productive areas for red crab, swordfish, tuna and offshore lobster harvests, among other species.

“Those areas have been used for hundreds of years,” said Joe Gilbert, owner of Empire Fisheries, which has operations in southeastern Connecticut and elsewhere along Long Island Sound.

He and other fishing representatives argued that if Obama uses the executive authority afforded him in the Antiquities Act to designate the area a monument, the federal and regional fisheries regulatory processes that require public input would be circumvented.

“We feel disenfranchised at this point,” Gilbert said.

Eric Reid of North Kingstown, R.I., who represents commercial fishing interests on the New England Fishery Management Council, said creating the monument would cause “localized economic damage” to the already stressed fishing industry, and advocated for a compromise being recommended by the Atlantic States Marine Fisheries Commission.

Read the full story at The Day

 

Proclamation of Papahanaumokuakea Marine National Monument Expansion

August 31, 2016 — The following is excerpted from the official proclamation of the expansion of the Papahanaumokuakea Marine National Monument Expansion:

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by the authority vested in me by section 320301 of title 54, United States Code, hereby proclaim the objects identified above that are situated upon lands and interests in lands owned or controlled by the Federal Government to be part of the Papaha ̄naumokua ̄kea Marine National Monument Expansion (Monument Expansion) and, for the purpose of pro- tecting those objects, reserve as a part thereof all lands and interests in lands owned or controlled by the Federal Government within the boundaries described on the accompanying map entitled ‘‘Papaha ̄naumokua ̄kea Marine National Monument Expansion’’ attached hereto, which forms a part of this proclamation. The Monument Expansion comprises the waters and sub- merged lands in the U.S. EEZ west of 163° West Longitude adjacent to the Monument. The Federal lands and interests in lands reserved consist of approximately 442,781 square miles, which is the smallest area compatible with the proper care and management of the objects to be protected.

All Federal lands and interests in lands within the boundaries of the Monument Expansion are hereby appropriated and withdrawn from all forms of entry, location, selection, sale, leasing, or other disposition under the public land laws to the extent that those laws apply, including but not limited to, withdrawal from location, entry, and patent under mining laws, and from disposition under all laws relating to development of oil and gas, minerals, geothermal, or renewable energy. Lands and interest in lands within the Monument Expansion not owned or controlled by the United States shall be reserved as part of the Monument Expansion upon acquisition of title or control by the United States.

See the full proclamation here

Hawaii set to host world’s largest conservation meeting

August 31, 2016 — Some 8,000 heads of state, policymakers and environmentalists convene in Hawaii this week for the world’s largest gathering aimed at forging a path forward on the planet’s toughest conservation problems.

US President Barack Obama is expected to be among the world leaders in Honolulu as the International Union for the Conservation of Nature (IUCN) opens its World Conservation Congress, held every four years in a different location around the globe.

This year, the conference theme of “Planet at the Crossroads” is aimed at exposing the plight of island nations that are at risk of disappearing in the coming decades due to rising seas.

It is the first major environmental meeting of global leaders since the Paris climate talks last year.

Read the full story at Phys.org

Environmentalists push for Atlantic Marine Monument

August 30, 2016 — President Obama made history last week when he more than quadrupled the size of a protected marine area off the coast of Hawaii, safeguarding fragile coral reefs and thousands of species that depend on the Pacific Ocean habitat.

Now conservationists hope the administration will protect the Atlantic Ocean’s deep-sea treasures.

Conservationists have called on the president to use his executive power to designate 6,180 square miles encompassing eight canyons and four seamounts as the New England Coral and Seamounts National Monument.

If the president heeds their advice, fishing groups warn the move would shut down portions of a productive $15 million lobster and crab fishery along the edges of the offshore canyons—and unnecessarily outlaw fishing within the zone’s borders for tuna and other open-ocean species that pass through the water column but don’t dwell on the seabed.

“What’s at issue is the lack of transparency in establishing a national monument,” said Robert Beal, executive director of the Atlantic States Marine Fisheries Commission, which is in charge of managing near-shore fishery resources for 15 coastal states. “If these large boxes are drawn and large areas of the ocean are deemed off-limits, than there is going to be a lot of fishing opportunities displaced or stopped altogether.”

Typically, state and interstate fishing councils are part of the public debate on determining fishery closures and habitat protection zones. That’s how the Mid-Atlantic Fishery Management Council moved to ban bottom trawling in 2015 along more than 35,000 square miles of seafloor from Long Island to North Carolina, just south of the proposed national monument area.

But with the Antiquities Act—a law presidents since Theodore Roosevelt have used to protect iconic landscapes such as Mount Olympus in Washington, the Grand Canyon in Arizona, and Muir Woods in California—Obama could decide to fully protect the region without input from the fishing industry.

Past presidents have mostly used the authority to preserve land from development. The first president to use the power offshore was George W. Bush, who established the Papahānaumokuākea Marine National Monument in 2006.

“It’s frustrating because that power is meant to close off the smallest amount of area as possible that needs protecting, and that’s not the case here,” said Robert Vanasse, executive director of Saving Seafood, a fishing industry advocacy group.

He said the proposed national monument boundaries outlined by Connecticut’s congressional delegation and led by Sen. Richard Blumenthal, D-Conn., bans fishing far away from the most sensitive coral habitat and could unnecessarily hinder fishing industries that don’t target bottom-dwelling species. Vanasse’s group, along with the fisheries commission, is asking that if the regions are declared a national monument, fishing be allowed up to depths of 3,000 feet.

“If they really just want to protect the seamounts and the canyons, why would you want to stop fishing over them?” Vanasse said. “You don’t tell planes to stop flying over Yosemite.”

Read the full story at Take Part

Battle over Cashes Ledge continues between fishermen, environmentalists

August 29, 2016 — Despite the Obama administration’s declaration that Cashes Ledge has been taken off the table as a possible location for a marine national monument, the divisive issue of the monuments continues to percolate nationally between fishermen and conservationists.

From Hawaii to New England, the lines are clearly drawn.

Conservation groups have sustained a steady lobbying campaign to convince President Obama to employ the Antiquities Act to create new marine national monuments in the waters around Cashes Ledge, about 80 miles off Gloucester, and the seamounts off southern New England and Monterey, California.

On Friday, Obama ended a contentious process in the Pacific Ocean when he expanded an existing marine national monument area in the northwest Hawaiian Islands to create the largest protected area on Earth — 582,578 square miles.

Fishing stakeholders and fishing communities have countered with their own public campaign that sharply criticizes the collateral impact of closing more areas to commercial and recreational fishing, as well as the method of using the Antiquities Act as an end-run around the Magnuson-Stevens Fishery Conservation Act.

“The Antiquities Act does not require transparency or a robust analysis of the science,” the Gloucester-based Northeast Seafood Coalition said in a statement. “It does not require any socioeconomic considerations be taken into account. No process is required other than an executive action by the president of the United States.”

The coalition and others, including several members of the Massachusetts congressional delegation and Gov. Charlie Baker, have tried to drive home the point that the current system of federal ocean management requires fishing businesses and communities to follow the established and intricate regulatory procedures established under Magnuson-Stevens.

To allow the creation of marine national monuments by what amounts to presidential fiat, they say, is unfair to those who have operated under the established rules and makes a mockery of Magnuson-Stevens.

“The New England Fishery Management Council is in charge of carrying out this requirement in our region,” the NSC said. “Last year, the council approved Omnibus Habitat Amendment 2 and is presently working on an Omnibus Deep Coral Amendment. These areas include the very areas now proposed and under consideration for a national monument.”

Read the full story at the Gloucester Times

D.B. PLESCHNER: Why Does President Obama Want to Eliminate Sustainable Commercial Fisheries?

August 29, 2016 — SEAFOOD NEWS — Dear Seafood News Editor,

“Help us identify Champions who are helping the ongoing recovery of America’s fishing industry and fishing communities,” Secretary of Commerce Penny Pritzker and Council of Environmental Quality Director Christy Goldfuss posted on the White House Blog on August 10.   They were appealing for nominees for this year’s White House Champion of Change for Sustainable Seafood.”

The blogpost had many complimentary things to say about our U.S. commercial fisheries:

“America’s fishers, and our seafood industry, have fed Americans and their families since our nation’s beginning. What’s more, this industry remains critical to the economic health and well-being of communities across the country.

“After decades of decline, we are witnessing the economic and ecological recovery of America’s fishing industry.  Overfishing has hit an all-time low, and many stocks are returning to sustainable levels. The U.S. fishing industry contributed nearly $200 billion annually to the American economy in 2014 and supports 1.7 million jobs.

“This shift did not come easy.  It took hard work, collaboration, and sacrifice by many across the country. Although there’s still more to do, America’s fisherman have led the way to the United States becoming a global leader in sustainable seafood management.

“This turnaround is a story about innovative ways to catch fish and other seafood sustainably, and connect fishers with their customers. It is a story about the value of science and management working together, and a willingness to make sacrifices today for a better tomorrow. And it is a story about sustaining a proud livelihood that is the backbone of so many coastal communities nationwide.

“President Obama and his Administration want to honor America’s fishers and our coastal communities for their efforts.”

We agree with everything Secretary Pritzker and Director Golfuss said.

Yet on Friday, August 26, President Obama announced he was expanding the Papahānaumokuākea Marine National Monument off the coast of Hawaii, creating the world’s largest marine protected area. The fact sheet stated:  “Building on the United States’ global leadership in marine conservation, today’s designation will more than quadruple the size of the existing marine monument, permanently protecting pristine coral reefs, deep sea marine habitats, and important ecological resources in the waters of the Northwest Hawaiian Islands.”

But President Obama’s executive order, authorized under the Antiquities Act, also prohibited commercial fishing in an area increased by 442,781 square miles, bringing the total protected area of the expanded monument to 582,578 square miles.   This unilateral action happened without the transparency, science-based decision-making and robust public process trumpeted in the President’s own National Ocean Policy, nor the bipartisan Congressionally mandated Magnuson Stevens Fishery Conservation and Management Act (MSA), which requires fisheries to be managed under a transparent, science-based process administered by regional fishery management councils.

The announcement precipitated extreme disappointment from commercial fishermen and Council members alike, who decried the lack of science and economic pain inflicted on sustainable fisheries and fishing communities. “Closing 60 percent of Hawaii’s waters to commercial fishing, when science is telling us that it will not lead to more productive local fisheries, makes no sense,” said Edwin Ebiusi Jr., chair of the Western Pacific Fishery Management Council.  “Today is a sad day in the history of Hawaii’s fisheries and a negative blow to our local food security.”

“It serves a political legacy rather than any conservation benefits …” said Council Executive Director Kitty Simonds.  “The campaign to expand the monument was organized by a multibillion dollar, agenda-driven environmental organization…  The President obviously chose not to balance the interests of Hawaii’s community, which has been divided on this issue,” she added.  Fisheries are the state’s top food producer, according the Hawaii Department of Agriculture.

“Our party’s over,” wrote Sean Martin, president of the Hawaii Longline Association, but the monument lobbying effort continues on the east coast and off California, where well-heeled environmental advocates are lobbying to close productive sea mounts in New England, as well as most of the offshore seamounts, banks and ridges off the California coast, all of which are critically important to the long-term sustainability of commercial fisheries in those regions.

On both the east and west coast, fishermen, allied seafood companies and business interests as well as the regional fishery management councils have mounted vigorous opposition to the use of unilateral executive order under the Antiquities Act to manage fisheries.   They point to existing National Ocean Policy promises and the Magnuson Act, which require science-based decision-making and robust stakeholder involvement.  A transparent process that includes scientific and economic analysis and public involvement already exists through the MSA and fishery management councils.    Why not use it?

This Administration’s disrespect for Congressional mandate and its own ocean policies begs the question:  Why does this President want to curtail sustainable fisheries?

D.B. Pleschner
Executive Director
California Wetfish Producers Association

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

Obama creates world’s largest marine protected area

August 29, 2016 — WASHINGTON — President Barack Obama on Friday expanded a national monument off the coast of Hawaii, creating a safe zone for tuna, sea turtles and thousands of other species in what will be the world’s largest marine protected area.

Obama’s proclamation quadrupled in size a monument originally created by President George W. Bush in 2006. The Papahanaumokuakea Marine National Monument will contain some 582,578 square miles, more than twice the size of Texas.

The regional council that manages U.S. waters in the Pacific Islands voiced disappointment with Obama’s decision, saying it “serves a political legacy” rather than a conservation benefit.

The council recommends catch limits and other steps designed to sustain fisheries. It said it recommended other expansion options that would have minimized impacts to the Hawaii longline fishery, which supplies a large portion of the fresh tuna and other fish consumed in Hawaii.

“Closing 60 percent of Hawaii’s waters to commercial fishing, when science is telling us that it will not lead to more productive local fisheries, makes no sense,” said Edwin Ebisui Jr., chairman of the Western Pacific Regional Fishery Management Council. “Today is a sad day in the history of Hawaii’s fisheries and a negative blow to our local food security.”

Sean Martin, the president of the Hawaii Longline Association, said his organization was disappointed Obama closed an area nearly the size of Alaska without a public process.

“This action will forever prohibit American fishermen from accessing those American waters. Quite a legacy indeed,” he said in an email to The Associated Press.

Read the full story from the Associated Press at the Hawaii Tribune-Herald

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