Saving Seafood

‘Sad day’ for the fishing industry following marine monument designation

September 16, 2016 — NEW BEDFORD, Mass. — Backers of the Northeast U.S. fishing industry reacted with anger, chagrin and legal arguments Thursday to President Barack Obama’s declaration of a marine national monument south of Cape Cod, saying the ocean preservation effort circumvented public process and will significantly damage a key economic engine — and way of life — in the region.

“It’s all anybody’s talking about, that’s for sure,” said Jon Williams, president of Atlantic Red Crab Co. on Herman Melville Boulevard. “The general feeling is (that) it’s a sad day for the New England fishing industry.”

Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument — in two areas also known as New England Canyons and Seamounts — permanently bars those areas from an array of commercial and industrial uses, including commercial fishing. The areas total 4,913 square miles, are more than 100 miles southeast of Cape Cod and are the first such monument in the Atlantic Ocean. The designation follows at least a year of concerns and opposition from advocates of the commercial fishing industry, who feared yet another financial hit from government regulations that already include catch limits and quotas broadly questioned by fishermen.

“Millions of dollars of lost revenue are at stake” in the monument decision, states a letter from the Washington, D.C. office of international law firm Kelley Drye & Warren.

The firm sent the letter Sept. 14 to Christy Goldfuss, managing director of the White House Council on Environmental Quality, on behalf of the Southern Georges Bank Coalition. The coalition of fishing representatives includes Williams, J. Grant Moore of Broadbill Fishing in Westport, and at least 10 other members from Rhode Island, New Hampshire, Massachusetts and New York.

The letter said those entities “are directly affected by the monument description, as it includes their fishing grounds,” and called Obama’s use of the Antiquities Act to declare the marine monument, “an illegal and illegitimate use of presidential authority.”

“I think there’s widespread and pretty much universal disappointment, anger, frustration and feelings of betrayal in the commercial fishing industry,” said Bob Vanasse, a New Bedford native and executive director of Washington, D.C.-based Saving Seafood.

“There is widespread and deep feeling that our fisheries should be managed under the public process of the Magnuson-Stevens Act,” Vanasse added.

Read the full story at the New Bedford Standard-Times

Obama sections off part of Atlantic Ocean

September 15, 2016 — President Obama will designate a section of the Atlantic Ocean off Cape Cod on Thursday as a national monument, banning commercial fishing in the area by 2023 in an effort to protect the region’s ecosystem.

The move, which the president will formally announce at the Third Annual Our Ocean Conference in Washington, won praise Wednesday from environmental groups but drew condemnation from the fishing industry.

But on Wednesday, the Southern Georges Bank Coalition, which has representatives from local fisheries and industry groups including the Massachusetts Lobstermen’s Association, criticized the new designation off the Cape.

In a letter to Christina W. Goldfuss of the White House Council on Environmental Quality, attorneys for the coalition wrote that “millions of dollars of lost revenue are at stake” for local fisheries, and they questioned the legality of the move.

Some elected officials in Massachusetts have raised concerns about the plan, including Mayor Jon Mitchell of New Bedford, whose city is home to a commercial fishing port.

“While I believe the industry generally was in a position to manage the implications of the so-called ‘sea mount’ area of the monument, the inclusion of the ‘canyons’ area would have benefited from more industry input,” Mitchell said, adding that “these types of decisions should be subjected to the more robust regulatory processes under the Magnuson-Stevens Act, which has successfully led to the protection of sea canyons . . . without unduly burdening the commercial fishing industry.”

His concerns were echoed by Senator Edward J. Markey, who called the president’s action an “important milestone” for conservation but said he was “concerned that the impacts of this marine monument designation on the fishing community in New England were not fully minimized.”

Read the full story at the Boston Globe

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

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.

Nominate a White House Champion of Change for Sustainable Seafood

August 26, 2016 — The following was released by the White House:

Help us identify Champions who are helping the ongoing recovery of America’s fishing industry and fishing communities.

Fishing is one of our nation’s oldest and proudest professions. Each day, long before the sun rises, thousands of men and women head out to sea. Others go off to repair boats and fishing equipment, or chill refrigeration trucks that will deliver fresh and healthy seafood to Americans’ tables.

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.

This is your chance to nominate someone you know and admire for contributing to the ongoing recovery of America’s fishing industry and our fishing communities as a White House Champion of Change for Sustainable Seafood.

Nominees may include:

· Fishers who are leaders and innovators in promoting sustainable fishing practices.

· Seafood purveyors, processors, chefs, and other business owners who have created new opportunities for economic and ecological prosperity.

· Innovators in the field of mariculture who are committed to sustainability and development in this growing domestic seafood sector.

· Community leaders who are providing opportunities to recover and build sustainable local fishing economies.

We look forward to hearing stories of change by people in your community.

East & West Coast Mayors Write White House on New Marine Monument Declarations

August 25, 2016 — New Bedford Mayor Jon Mitchell recently sent a letter to the White House Council on Environmental Quality expressing concern about the possibility of President Barack Obama issuing an Executive Order that would declare certain offshore areas marine monuments.

Bob Vanasse, the Executive Director of Saving Seafood, told WBSM News that one of the biggest complaints from members of the fishing industry is that, although they met with federal officials, they weren’t presented with any specific proposal.

“There was no actual proposal from the administration to be discussed,” said Vanasse “they were having this listening session but the listening session was something of a peculiar one way street, in that they listened to concerns, but they never responded.”

Vanasse says that if the administration issued the order, through the Antiquities Act, it could have a huge impact on the local fishing industry.

“The best estimate suggests that 20 to 25 percent of the fishing areas in these regions could be affected,” said Vanasse “the most affected fisheries are the red crab industry, lobster, and tuna but there are other industries.”

While stating that the fishing industry would be opposed to such a move Vanessee says including at least one concession would make it more tolerable for many fishing families.

Read the full story at WBSM

Coastal mayors join to oppose Obama administration’s ‘marine monuments’ plan

August 24, 2016 — The Obama administration is running afoul of transparency and openness as it prepares to create offshore marine monuments off California and New England, two mayors including Jon Mitchell are telling the administration.

Mitchell was joined by Monterey, California Mayor Clyde Roberson in sending the Obama White House letters expressing “serious concerns” about the potential economic harm to their ports from the use of executive action by the administration to create new federal marine monuments off the coasts.

A chorus of opposition has been rising from fishermen and fishing communities across the country opposing the creation of marine monuments outside of the existing ocean management processes.

New Bedford is the highest-grossing fishing port in the nation; Monterey is one of the most valuable fishing ports in California.

Writing to Council on Environmental Quality Acting Director Christy Goldfuss, Mitchell praised the successes of the current fishing management process, overseen by NOAA, a process that includes the voices of all ocean stakeholders in its deliberations, according to a release from the The National Coalition for Fishing Communities. “The process is far from perfect, but it affords ample opportunity for stakeholders and the public alike to review and comment on policy decisions and for the peer reviewing of the scientific bases of those decisions,” Mitchell wrote.

Read the full story at the New Bedford Standard-Times

Scallopers to White House: Marine monument a bad idea

May 6, 2016 — A fishing trade group that represents scallopers from Maine to Virginia has joined Northeast groundfishermen in opposing the designation of any marine national monuments in New England waters.

The Fisheries Survival Fund (FSF) penned a May 4 letter to Obama administration officials stating its opposition to the establishment of the monuments while also criticizing the unilateral process — presidential decree through the Antiquities Act — being considered for designating them.

“A monument designation, with its unilateral implementation and opaque process, is the exact opposite of the fisheries management process in which we participate,” FSF legal counsels David Frulla and Andrew Minkiewicz wrote to Christy Goldfuss and Whitley Saumwebber, executives in the White House Council on Environmental Quality. “Public areas and public resources should be managed in an open and transparent manner, not an imperial stroke of the pen.”

The FSF letter comes almost two months after Goldfuss, the managing director of the White House environmental council, told fishing stakeholders at a March 24 meeting in Boston the White House has shelved the proposal pushed by environmental and conservation groups to establish a marine national monument about 80 miles east of Cape Ann in the area around Cashes Ledge.

Read the full story at the Gloucester Times

President Obama Will Not Designate Cashes Ledge as a National Monument

WASHINGTON (Saving Seafood) — March 25, 2016 — Earlier today, a spokesperson for the White House Council on Environmental Quality told the Associated Press that Cashes Ledge is “not under consideration for a [national monument] designation at this time.” According to attendees at meetings held yesterday in Massachusetts, Christy Goldfuss, Managing Director at the White House Council on Environmental Quality, stated, “Based on feedback we received, we are not considering Cashes Ledge for any kind of action at this time.” Located approximately 80 miles offshore in the Gulf of Maine, Cashes serves an important and historic area that has been fished commercially and recreationally for decades.

The Northeast Seafood Coalition and Associated Fisheries of Maine noted in a joint statement that, “Consideration of National Monument designations in the offshore Canyon areas of Southern New England remains ongoing, and affected fishermen should remain vigilant in assuring that any concerns they may have are addressed.”  Fishing interests including the Atlantic red crab fishery, offshore lobster fishery, squid, mackerel, butterfish, tilefish, albacore wahoo,dolphinfish (mahi mahi), and others have interests in areas that remain on the table. Pelagic longline, rod and reel and greenstick fisheries including yellowfin tuna, bluefin tuna, bigeye tuna and swordfish could also be affected.

The New England Fishery Management Council (NEFMC) is in the midst of an ongoing process working with fishing, environmental and scientific interests to protect deep sea coral and other important sea bottom attributes in the Northeast Canyons. NEFMC executive director Tom Nies told Saving Seafood, “The Council’s recommendations to protect Cashes Ledge are still being reviewed as part of our Omnibus Habitat Amendment. The Council has not taken a position on any of the monument proposals that have been circulated, but the meeting in Boston did give us the opportunity to explain our deep-sea coral amendment process directly to Ms. Goldfuss. We are very pleased that CEQ traveled to New England to give us this opportunity. I think the industry and state representatives present also appreciated this face-to-face meeting and we all look forward to a continuing dialogue.”

In response to the announcement, Terry Alexander, President, Associated Fisheries of Maine said, “Commercial fishermen in New England face continuous regulatory uncertainty, so it is a relief to know that there is one less restriction on fishing to worry about. We believe that the President was persuaded by a lack of scientific information to support such a designation, as well as the position expressed by stakeholders that decisions about closing areas to fishing should take place under the process outlined in the Magnuson Stevens Fishery Conservation and Management Act (MSA).”

Vito Giacalone, Chair of Governmental Affairs for the Northeast Seafood Coalition said, “We are relieved by the President’s decision to forego a National Monument designation on Cashes Ledge, As stakeholders who participated in a lengthy, thorough and transparent public process to identify and protect important marine habitats such as Cashes Ledge, we are grateful and pleased to hear that the MSA process we all followed has been acknowledged and respected by the Obama Administration. We are sincerely grateful that the President, after gathering all pertinent facts, saw that the use of Executive Order was unnecessary in light of the process that has already taken place through the New England Fisheries Management Council.

The American Antiquities Act of 1906 provides authority for the President to declare national monuments by public proclamation on lands owned or controlled by the Government of the United States, but fishing representives attending the meeting expressed concern that establishing an Atlantic marine monument usurps the public, inclusive Council/NMFS processes already undertaken and ongoing.

While the process in New England is ongoing, similar processes in the Mid-Atlantic were praised by environmental groups. For their efforts Garden State Seafood Association (GSSA) Executive Director Greg DiDomenico and Mid Atlantic Fishery Management Council (MAFMC) Chairman Rich Robbins were lauded last September as as Conservation Leaders by the New York Aquarium. In October, the two men were honored again together with GSSA president Ernie Panacek as Regional Ocean Champions by the Urban Coast Institute at Monmouth University. “The process in the Mid-Atlantic should be the model for developing targeted habitat protection in New England,” said Mr. DiDomenico. “An open, collaborative process is the best way to build on these efforts.”

Obama to Designate New National Monuments; Atlantic Monument Still Under Consideration

February 12, 2016 — The following is an excerpt from a story by Juliet Eilperin, Washington Post White House bureau chief, who addresses new national monuments to be declared this week, and mentions possibilities for additional designations before the end of the Obama Administration including New England corals, canyons, and seamounts, and an expansion of Papahanaumokuakea in the Pacific.

“We have big, big ambitions this year, so let’s see what happens,” said Christy Goldfuss, managing director of the White House Council on Environmental Quality, adding that the administration is focused on “local requests for action. It’s really been driven by activities on the ground.

The big question: What next?

Other possible future designations include Bears Ears, a sacred site for several Native American tribes in southeastern Utah; Stonewall, the site of a 1969 inn riot by members of New York City’s gay community; the New England Coral Canyons and Seamounts; the historic headquarters of the National Woman’s Party, Sewall-Belmont House in Washington, D.C.; and Nevada’s Gold Butte, an area where rancher Cliven Bundy and his supporters have defied federal authorities.

It is less clear what Obama will do in federal waters, where nearly all of the strict protections are in the central Pacific. There are a group of Hawaiians lobbying the president to expand Papahanaumokuakea – a monument George W. Bush created a decade ago, whose islands and atolls are home to 1,750 marine species found nowhere else on Earth – to the full extent under the law. That would make it 520,000 square miles, or nine times its current size.

“Some people here are working here to provide the president with a legacy opportunity,” said William Aila Jr., looking down from a rocky outcropping in Oahu as two endangered Hawaiian monk seals nestled below. “It would be the largest marine protected area for a long, long time. It would be almost impossible to top it.”

Read the full story at the Washington Post