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PETER APO: Marine Monument Proposal Isn’t ‘Hawaiian’

July 15, 2016 — It has surprised me that several notable Hawaiian leaders joined conservation advocates to help trigger the request to President Obama to expand the boundaries of the Papahanaumokuakea National Marine Monument in the northwestern Hawaiian Islands. I assume it means that they endorse the conservation model that underpins the global initiative to place 30 percent of the world’s oceans into marine reserves.

That conservation model is inconsistent with the traditional Hawaiian concepts of managing natural resources.

If the proposed monument expansion being advocated becomes law, the area that would be off-limits to fishing would dramatically balloon to 580,000 square miles, an area more twice the size of Texas.

The Western concept of conservation as a natural resource management strategy, if observed as actually practiced, seems based on two fundamental principles. The first is to “preserve” the area in perpetuity, protecting it from being used at all if possible. The second is to severely restrict humans from accessing the area, except perhaps for those who wish to study it.

The Hawaiian concept of conservation, or preservation or managing a natural resource – however you wish to characterize it – was never about closing out the resource forever. The traditional Hawaiian model would prefer planting a hillside in kalo (taro) as a productive, quality-of-life activity rather than adopting a model that would restrict access to the land simply to have it lie fallow. Indeed, by the time Captain Cook came to Hawaii in 1778, almost every bit of arable land was under cultivation, including such agriculturally marginal areas as the Kohala field system on the Big Island and Kahikinui on Maui.

Kapu Were Temporary

In practice, Hawaiians did invoke temporary kapu (restrictions) or closures in order to sustain or reinvigorate an environmental condition but always with the intention of returning it to a productive use and human access.

“Traditional Hawaiian fisheries management was carried out at a local level in sophisticated management schemes because biological processes that were the basis for management decisions often occurred on small geographical scales,” according to a 1923 Hawaiian-language article by Native Hawaiian fishing practitioner Z.P.K. Kawaikaumaiikamakaokaopua from Napoopoo.

Read the full story at the Honolulu Civil Beat

U.S. House Makes Strong Statement Against Marine Monument

July 14, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON (NCFC) — The U.S. House of Representatives made a strong statement against the declaration of marine monuments last night, passing an amendment offered by Congressman Lee Zeldin (R-New York) to bar funding for the designation of any National Marine Monuments by the President.  The amendment to H.R. 5538, the Fiscal Year 2017 Interior and Environment Appropriations bill, passed the House by a vote of 225-202. Congressman Zeldin represents a coastal district and the fishing hub of eastern Long Island, N.Y.

Yesterday, National Coalition for Fishing Communities (NCFC) members the Garden State Seafood Association (NJ), the Red Crab Harvesters Association (MA), the Long Island Commercial Fishing Association, and Blue Water Fisheries Inc. (NY) asked fellow NCFC members to reach out to their representatives to support the amendment. The Montauk Tilefish Association (NY) and the Monkfish Defense Fund joined them in calling for support for the amendment.

Mr. Zeldin explained that he offered the amendment to keep commercial fishermen from losing access to important fishing areas through Marine Monument Designations. Opposition to the amendment was led by Congresswoman Niki Tsongas (D-Massachusetts) and Congresswoman Chellie Pingree (D-Maine).

“As we heard at a field hearing in Riverhead, New York, unilateral marine monument designations override the current public process of established fisheries management and threatens the livelihood of the U.S. fishing industry,” said House Natural Resources Committee Chairman Rob Bishop (R-Utah).

“Congressman Zeldin’s amendment brings us one step closer to protecting local economies while safeguarding local input in management decisions,” Chairman Bishop continued. “Many Presidents—but not all—have used the Antiquities Act, but they use it sparingly. Only a few Administrations, including this one, have abused the Act. President Obama has a long history of abusing the Antiquities Act, locking up land and water with the stroke of a pen.”

“We applaud Congressman Zeldin for his leadership on protecting fishermen both in his district here on Long Island, and across America,” said Bonnie Brady of the Long Island Commercial Fishing Association.

Marine Monuments are large areas of ocean where commercial fishing would be banned without consulting the local community, fishermen, or regional fishery managers. Mr. Zeldin’s amendment mandates that, “None of the funds made available by this Act may be used to declare a national monument under section 320301 of title 54, United States Code, in the exclusive economic zone of the United States established by Proclamation Numbered 5030, dated March 10, 1983.”

The bill now goes to the U.S. Senate. Any differences between the House and Senate bills must be worked out between the two bodies, and a final bill is expected to be passed by both chambers before Sept. 30. Should the amendment survive the conference process, it will complicate the Obama Administration’s ability to act. While it would not stop a declaration, it would not allow funds to be spent to implement a declaration.

In 2014, President Obama declared a 407,000 square mile National Marine Monument in the Pacific Ocean where commercial fishing was banned and recreational fishing was severely limited.

Now important fishing areas in the Northwest Atlantic, on the West Coast, and in Alaska, where fishermen have worked for centuries, are under consideration for Monument designations with little public input and no transparency.

In a letter to House colleagues, Mr. Zeldin stated that there is an emerging national consensus that “any efforts to create marine protected areas in the EEZ must be done through the transparent and consultative process laid out by the landmark Magnuson-Stevens fishery conservation law. No one is more invested in protecting America’s waters from overfishing than the hardworking families who rely upon fishing for their livelihoods.”

New Poll the Latest Salvo in Fight Over a Marine National Monument for New England

July 14, 2016 — A new poll finds that eighty percent of Massachusetts residents favor protecting special ocean areas from activities like mining and fishing. A coalition pushing President Obama to create a marine national monument in New England waters say this is one more measure of support. But opponents say the poll was misleading and biased.

The National Coalition for Fishing Communities has criticized the poll, calling it misleading. They say the way the poll was constructed led people into saying yes. Also, they argue economic impacts on fisheries were down-played, and alternative ways of achieving conservation goals – besides a marine monument – were omitted.

“This isn’t an issue of do you believe or do you not believe important natural assets should be protected,” said Bob Vanasse, Executive Director of Saving Seafood. “It’s a question of how they should be protected, what should be allowed in those areas, and should there be a fair public process using existing law to do that.”

The fishing industry has maintained that they’re not opposed to protecting important areas, but that those protections should come out of a transparent public process. The pro-monument coalition counters that the fishery management process doesn’t provide adequate protection, and the federal legislature is unlikely to act. That leaves executive action as the only feasible option, they say.

Read the full story at WCAI

Opposition to California Offshore Monuments Mounts After Draft Proposal Leaked

July 14, 2016 — SEAFOOD NEWS — What do creation of national monuments have in common? A lack of transparency when it comes to discussing the potential access restrictions with stakeholders. That same closed-door effort is happening off of California, as effort mounts to create offshore monuments on both west and east coasts.

California sport and commercial interests first became aware of the proposal to establish monuments around nine seamounts, ridges and banks (SRBs) as rumors a few months ago. In June, the industry got a look at the first proposal draft. Washington State Sen. Kevin Ranker, D-Orcas Island, was urging California state lawmakers and West Coast members of congress in Washington, D.C., to support the proposal that could make the nine areas off-limits to commercial fishing but remain open to all recreational fishing, including charter boats.

Diane Pleschner-Steele, one of the signatories to an opposition letter, noted the proponents argue the nine areas are not significant commercial fishing areas.

“However, the fishermen I’ve spoken with hotly contest that,” Pleschner-Steele, Executive Director of the California Wetfish Producers Association, said in an email. “Those are productive fishing grounds and to lose them forever would be a huge economic blow to many fishermen, processors and local communities.”

Ranker is no stranger to proposed monuments. As a co-chair of the president’s National Ocean Council’s Governance Coordinating Committee, he is one of the advisers to the NOC that provide guidance on the development of strategic action plans, policy and research priorities. In 2013, he worked with Washington leaders to create a national monument in the San Juan Islands.

Nearly 40 people representing sport and commercial fisheries signed on to a letter opposing the designation of monuments that could include Gorda Ridges and Mendocino Ridge off of northern California; Gumdrop and Pioneer seamounts, Guide Seamount and Taney Seamounts off of central California; and Rodriguez Seamount, San Juan Seamount, Northeast Bank and Tanner and Cortes Banks off of southern California.

“We oppose the designation of California offshore marine monuments that prohibit fishing under the Antiquities Act because monument status is irreversible and the Antiquities Act process involves no public peer-reviewed scientific analysis, no NEPA analysis, no public involvement or outreach to parties most impacted – no transparency,” the opponents wrote in the July 6 letter to President Obama, the Council on Environmental Quality, the secretaries of Commerce and Interior and a number of senators and congressmen.

A joint letter from the American Albacore Fishing Association and Western Fishboat Owners Association further note that some of the proponents’ data about the economic importance of the seamounts, ridges and banks is old and outdated. Some fisheries expanded their use of the offshore areas when California imposed marine protected areas in southern California in 2012.

The groups also note the Council Coordination Committee that includes members of the eight regional fishery management councils recently made a resolution that says, “therefore be it resolved, the CCC recommends that if any designations are made in the marine environment under authorities such as the Antiquities Act of 1906 that fisheries management in the U.S. EEZ waters continue to be developed, analyzed and implemented through the public process of the Magnuson-Stevens Fishery Conservation and Management Act.”

“in the even this proposal moves forward, we strongly support maintaining management of fisheries under the MSA, through the [Pacific Fishery Management Council],” AAFA and WFOA wrote.

The proponents state the sites are “for discussion purposes only; specific sites, boundaries and regulations will be determined through a robust public consultation process that includes tribes, fishermen and stakeholders. There is a full commitment to working with these interests to better understand the activities occurring in these areas and mitigate potential concern.”

Meanwhile, other groups also are preparing written comments in an effort to fend off the threat of limited access to the nine offshore areas as the opposition grows. It’s unlikely anyone from the seafood industry is fooled by some of the behind-the-scenes political maneuvering that is taking place to create the monuments.

“In our opinion, which is informed by the lack of any attempt at collaboration with industry, this proposal is no more than legacy, political ambition and preservation being prioritized over the best available science and a multi-lateral, collaborative political process in the design of marine conservation measures,” AAFA and WFOA said in their letter.

Click here to read the letter sent to Congressman Huffman.

Click here to read the letter by Sandy Smith of the Ventura County Economic Development Association.

Click here to read the oppositon letter from the National Coalition for Fishing Communities.

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

GLOUCESTER TIMES: Obama should hold firm on Cashes Ledge decision

July 12, 2016 — The Obama administration must hold firm to its decision earlier this year to reject so-called monument status for the vast swath of ocean around Cashes Ledge despite last-minute arm twisting from powerful environmental lobbying groups.

Earlier this spring, the administration passed on a proposal that he decree a large portion of the Gulf of Maine, including Cashes Ledge, a permanent “maritime national monument.” The edict, made through the federal Antiquities Act, would have come with little or no input from the citizenry at large or groups whose livelihoods are tied to the ocean, like the Northeast fishing industry.

Cashes Ledge, about 80 miles off the coast of Cape Ann, serves as a habitat for sharks, dolphins and sea turtles as well as migrating right whales. The area — more than 520 square miles is already off limits to fishing. There are no efforts on the part of the industry to change that.

“We’re not all nut cases here,” said Robert Vanasse, executive director of the fishing advocacy group Saving Seafood. “It’s pretty much every non-environmentally subsidized fishery organization that is opposed to the use of the Antiquities Act to create marine monuments. The Magnuson-Stevens process works. It could be better, but it’s working.”

Read the full editorial at the Gloucester Times

AP: Conservationists keep pressing for Atlantic Ocean monuments

July 11, 2016 — The following is excerpted from a story published today by the Associated Press. In it, representatives of the Pew Charitable Trusts and the Conservation Law Foundation (CLF) call for President Obama to use executive authority under the Antiquities Act to designate multiple national marine monuments off the coast of New England.

Last month, eight members of the National Coalition for Fishing Communities (NCFC) and the valuable fishing port of New Bedford, Mass., united in opposition to proposed Atlantic monuments. The groups agreed that fishing areas and resources should continue to be managed in the open and transparent manner stipulated by the Magnuson-Stevens Act (MSA).

Previously, many of the environmental groups calling for Atlantic monuments expressed support for fisheries management under the MSA. In December, Pew called the MSA “the bedrock of one of the world’s best fishery management systems.” In April, the CLF wrote that the MSA is “the primary reason why the United States can say that it has the most sustainable fisheries in the world.” In February, the Environmental Defense Fund said that the MSA “has made the United States a global model for sustainable fisheries management.”

PROVIDENCE, R.I. — Environmental conservationists aren’t giving up on trying to persuade the White House to designate an area in the Gulf of Maine as a national monument.

In the final months of President Barack Obama’s term, they’re hoping he’ll protect an underwater mountain and offshore ecosystem in the Gulf of Maine known as Cashes Ledge. They also want him to protect a chain of undersea formations about 150 miles off the coast of Massachusetts known as the New England Coral Canyons and Seamounts.

The White House Council on Environmental Quality said in March, and reiterated last week, that while the New England Coral Canyons and Seamounts area is under consideration, Cashes Ledge currently is not. There are no marine national monuments in the Atlantic Ocean.

Robert Vanasse, executive director of the fishing advocacy group Saving Seafood, said environmental groups seemed to be “in denial and shock” after the White House first said it wasn’t considering Cashes Ledge in March.

“I think they overplayed their hand. They arrogantly seemed to think that they could dictate to the White House,” he said on Wednesday.

Vanasse said fishing interests are now taking the White House at its word that Cashes Ledge is off the table. The industry is already struggling with quota cuts and climate change.

Commercial fishing groups oppose creating any marine monument in the Atlantic under the American Antiquities Act because the decision is left entirely to the president, Vanasse said. There are existing procedures to protect areas where the public participates in the process under the top law regulating fishing in U.S. oceans, the Magnuson-Stevens Fishery Conservation and Management Act, he added.

“We’re not the fringe nutcases here,” Vanasse said. “It’s pretty much every non-environmentally subsidized fishery organization that is opposed to the use of the Antiquities Act to create marine monuments. The Magnuson-Stevens process works. It could be better, but it’s working.”

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

PETER APO: Can We Talk About Papahanaumokuakea?

July 11, 2016 — My previous column raised concerns over the request to President Obama to expand the Papahanaumokuakea Marine National Monument in the Northwestern Hawaiian Islands.

I start this column by clarifying for readers my perspective regarding marine conservation and the Northwestern Hawaiian Islands.

I do join most people of Hawaii in generally supporting the establishment of the existing Papahanaumokuakea National Marine Monument, which was signed into law by President George W. Bush.

In the hours I’ve spent researching the monument-expansion request from every possible angle, I have been frustrated that the search for answers only led to more questions.

The one thing that became clear is that given the complexity of all the moving parts of the Papahanaumokuakea issue, I would have to leave any deep dive for another day and spare you the confusion.

Read the full story at the Honolulu Civil Beat 

Fishers balk at proposal to designate Pacific Ocean national monuments

July 8, 2016 — West Coast fishers, including those that supply Los Angeles and Long Beach with local seafood, are incensed at a “secret” proposal from environmentalists asking President Barack Obama to create new national monuments in the Pacific Ocean.

Dozens of California fishing businesses and their representatives signed a letter this week asking Obama to ignore suggestions to block fishing in open-ocean areas rich with sea life by designating them as offshore marine monuments.

Environmental groups made the proposal in a “secret effort” to lobby the president to declare that many Pacific Ocean seamounts, ridges and banks are national landmarks, according to the letter.

The five-page environmental proposal, “The Case for Protecting California’s Seamounts, Ridges and Banks,” argues that these parts of the ocean should be preserved for scientific research. Seamounts and ridges are craggy underwater mountains, and banks are shallow areas near deep ocean drop-offs.

“These special places are home to thousand-year-old corals thriving against all odds in the dark, cold depths,” the proposal states. “And they attract a remarkable variety of migratory predators such as sharks, tuna, billfishes, seabirds, and endangered sea turtles, which congregate to fuel up on the food produced by nutrient-rich upwelling currents.”

Read the full story in the Daily Breeze

Northeast Ocean Plan is solidifying

July 6, 2016 — ELLSWORTH, Maine — The new Northeast Regional Ocean Plan currently being developed will not create any new regulatory authority, Maine Department of Marine Resources Deputy Commissioner Meredith Mendelson told a group at the Ellsworth Library last week.

The hearing, one of three in Maine, was held to solicit comment from the public and from “stakeholders” on what it anticipates is a near-final draft of the Northeast Ocean Plan. The public comment period began May 25 and ends July 25.

Six years ago, President Obama signed an executive order establishing a National Ocean Policy that called for the creation of nine regional boards to develop plans “to better manage the nation’s oceans and coasts.”

Four years ago, the Northeast Regional Planning Board was formed to develop a strategy for the waters off New England. The board includes representatives of nine federal agencies with authority of one sort or another over activities in the ocean, six federally recognized tribes, the New England Fishery Management Council and all six New England states.

Read the full story at the Mount Desert Islander

ERIC REID: Work on marine monument not done yet

July 5, 2016 — In June, House Natural Resources Committee Chairman Rob Bishop, a Republican U.S. Rep. Utah, visited New Bedford and spoke to several members of the industry regarding their concerns about a potential marine monument off the coast of New England. Following the meeting, I remarked to The Standard-Times reporter that a monument could potentially cost the industry up to $500 million in economy activity, in addition to countless jobs.

This estimate has been criticized for being far too high. But it is based on two premises — a conservative estimate of the economic impact of fishing in New England, and the lack of clarity surrounding the marine monument discussion.

Currently, the commercial fishing industry from Maine to New Jersey brings in an estimated $1.4 billion per year in landings. These landings support hundreds of millions of dollars more in economic activity for related and shoreside businesses, and employ tens of thousands of people up and down the coast.

Because no one in the Obama administration’s Council on Environmental Quality has put forward an actual, concrete proposal of what an Atlantic monument might look like, the industry considers all of this to be potentially at risk.

Read the full opinion piece at the New Bedford Standard-Times

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