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NCFC Executive Director Bob Vanasse Responds to CLF Lawsuit Over Restoring Commercial Fishing in the Northeast Canyons and Seamounts Monument

June 17, 2020 – The following was written by Bob Vanasse, executive director of Saving Seafood’s National Coalition for Fishing Communities, in response to CLF’s announcement that it is filing suit over a presidential proclamation restoring commercial fishing in the Northeast Canyons and Seamounts Marine National Monument:

The creation of an Atlantic Marine monument without appropriate stakeholder consultation has been a centerpiece of the Conservation Law Foundation’s (CLF) political agenda for over five years.

In 2015, a public records request filed by Saving Seafood revealed emails showing that the CLF was working with the Center For American Progress, the Pew Charitable Trusts, Earth Justice, the Natural Resources Defense Council, and the National Geographic Society in an attempt to convince President Obama to announce the monument plan at the Our Ocean Conference in Chile in October 2015. In the emails, CLF’s Peter Shelley wrote, “I hope no one is talking about Chile to the outside world. It’s one of the few advantages we may have to know that it could happen sooner rather than later.” The email discussion included Monica Medina, who had served as Principal Deputy Undersecretary of Commerce for Oceans and Atmosphere during President Obama’s first term.

In a subsequent interview with E&E News, Mr. Shelley made clear that the effort was aimed at getting the monument proclaimed before the fishing industry could fully engage in the public process. “The time was pretty short to pull it off. We thought there might be an opportunity we could get them to think about these areas for an announcement in conjunction with the Our Ocean Conference,” Mr. Shelley said. “We were trying to keep that quiet because we didn’t want to give the opposition more of an advantage. The more time they had, the more opportunity they would have to lobby, to fight it, to organize against it.”

The inclusion of prohibitions against commercial fishing was controversial throughout the process of creating the monument. A NOAA internal document in 2015 noted that the Atlantic deep-sea red crab and commercial and recreational pelagic fisheries for highly migratory species “have a substantial portion of their landings from within the proposed area.” The same document noted that “any designation within the jurisdiction of the New England or Mid Atlantic Fishery Management Councils, as well as the Secretary of Commerce as delegated to NMFS/HMS Management Division, that restricts fishing activities will be seen as usurping their authorities. These processes are rigorous and provide for significant public input which this process does not.”

Managing commercial fishing sustainably under the Magnuson-Stevens Act is not controversial. CLF falsely states that President Trump “eliminated critical natural resource protections” in the monument. In fact, the Presidential proclamation explicitly states that commercial fishing inside the monument will be managed under Magnuson-Stevens. The proclamation “does not modify the monument in any other respect.”

On the occasion of the 40th Anniversary of Magnuson-Stevens in 2016, CLF praised fisheries management under the Act, stating that Magnuson-Stevens is “the primary reason why the United States can say that it has the most sustainable fisheries in the world,” and “it has traditionally represented a bipartisan effort toward responsible management of our fishery resources, economically and environmentally.”

CLF was correct in noting that fisheries management has traditionally been bipartisan, and opposition to the prohibition of commercial fishing inside the monument was not a partisan issue. The commercial fishing industry is deeply grateful to Massachusetts Senator Ed Markey for the work he did with the Obama White House to ensure that the offshore lobster industry and the red crab industry – the first Atlantic fishery to be certified sustainable by the Marine Stewardship Council – received a seven-year moratorium before fishing for those species inside the monument would have been prohibited. It is because of Senator Markey’s efforts that those sustainable fisheries have been preserved. Senator Elizabeth Warren has also been a longtime champion of fisheries management under the successful Magnuson-Stevens Act.

CLF argues that President Trump’s modification of the monument created by President Obama is illegal. But President Obama exercised the power to modify monuments created by his predecessors to expand Pacific marine monuments created by President Bush. It would seem that CLF’s position is that it is legal for a president to modify monuments created by a predecessor when CLF agrees with the modification, but illegal when CLF disagrees with the modification.

CLF President Brad Campbell states that President Trump’s action puts “national monuments on the block for the highest political bidder.” The record is clear that the highest political bidder during the Obama years was the environmental community. That is why environmentalists succeeded in including a prohibition against commercial fisheries in President Obama’s monument proclamation, but not against their friends in recreational fishing. If Mr. Campbell is interested in finding the historical “highest political bidder” on the designation of marine monuments, he should look in his own office.

The environmental community had ample opportunity to create a protected area using the Marine Sanctuaries Act, and they have actively worked with both the Mid-Atlantic Fishery Management Council and the New England Fishery Management Council on actions to protect those areas under the Magnuson-Stevens Act.  But, as NOAA noted, those “processes are rigorous and provide for significant public input.” Instead, they chose the politically expedient route, and used their contacts and clout in the Obama administration to circumvent the scientific and public process. What they are now discovering is that what one president might create with the stroke of a pen, another president might take away.

Lobster fishery violates Endangered Species Act, judge declares

April 13, 2020 — U.S. District Judge James Boasberg filed a 20-page order Thursday, April 9, declaring the American lobster fishery violates the Endangered Species Act.

The federal lawsuit challenged a biological opinion filed by NMFS in 2014 stating that the American lobster fishery “may adversely affect, but is not likely to jeopardize, the continued existence of North Atlantic right whales.”

The judge ruled against NMFS, noting that the agency failed to include an “incidental take statement.” That failure, the judge declared, renders the biological opinion illegal under the Endangered Species Act. The suit — filed by the Center for Biological Diversity, Conservation Law Foundation and several other environmental groups — is similar to the California Dungeness crab lawsuit (led by the Center for Biological Diversity) which also claimed the fishery violated the ESA. The finding there forced the crab fishery to file for an incidental take permit, a process that can take years, and negotiate with the plaintiffs on whether there will be fishing seasons in the interim and what those opening and closing parameters will be.

Read the full story at National Fisherman

Conservation Law Foundation petitions to halt Northeast cod fishing

February 14, 2020 — Charging that New England fishery regulators are dominated by “deference to short-term economic interests,” the Conservation Law Foundation on Thursday filed a petition with the Department of Commerce seeking a halt to all directed fishing for Atlantic cod.

No fishing should be allowed until the New England Fishery Management Council and NMFS meet their legal obligation to end overfishing and rebuild the Georges Bank and Gulf of Maine cod stocks, the Boston-based environmental group says. Those steps should include 100 percent at-sea monitoring, area closures to protect spawning locations and habitat, and requiring selective groundfish gear, such as haddock separator trawls, the petition says.

The foundation wants a prohibition on directed commercial and recreational fishing using large area closures “once a stock’s incidental catch limit is caught.” The petition also calls for reducing “the incidental catch rate annually consistent with the current acceptable biological catch control rule until overfishing at sea is ended.”

 “Our regional managers have lost control of and abandoned the cod fishery,” said Peter Shelley, the foundation’s senior counsel, in announcing the petition.

“After decades of reckless decision-making, Atlantic cod populations are now in crisis,” said Shelley. “To give this iconic species a chance at survival and recovery, the federal government must take the strongest possible action today and temporarily prohibit further cod fishing.”

Read the full story at National Fisherman

Atlantic Marine Monument Withstands Federal Appeals Court Challenge

December 30, 2019 — A federal appeals court has ruled that President Barack Obama acted within his authority when he created the country’s first Atlantic marine monument off the coast of New England in 2016.

“The fishermen have had the ocean all to themselves for centuries.” says Peter Shelley, senior council for the Conservation Law Foundation in Boston.

Shelley says the lawsuit challenging the Northeast Canyons and Seamounts National Monument, and the presidential authority that created it, failed to acknowledge other “values” such as conservation and preservation as powers granted in the Antiquities Act of 1906.

Shelley says the appeals decision is good news for a very delicate region of the Atlantic Ocean.

“But it’s also good news for other areas of great scientific interest that need to be protected from the destructive effects of fishing and oil and gas drilling and other sorts of development activities,” he says.

Read the full story at Maine Public

Court Upholds Creation of National Monument in Atlantic

December 27, 2019 — A federal appeals court on Friday upheld former President Barack Obama’s designation of a federally protected conservation area in the Atlantic Ocean, a move that commercial fishermen oppose.

Fishing groups sued over the creation of Northeast Canyons and Seamounts Marine National Monument, a 5,000-square-mile (8,000-square-kilometer) area that contains fragile deep sea corals and vulnerable species of marine life. The monument was established in 2016.

A federal judge dismissed the lawsuit last year, and the Court of Appeals for the District of Columbia Circuit upheld the decision Friday.

The appeals panel brushed aside arguments that federal law governing monuments applies only to land, not oceans; that the area of the ocean is not “controlled” by the federal government; that it is not compatible with National Marine Sanctuaries Act; and that it is not the “smallest area compatible” with management goals.

Read the full story from the Associated Press at The New York Times

Maine Lobstermen Skeptical Of Proposal To Tie ‘Whale-Safe’ Seafood Label To Use Of New Fishing Gear

December 17, 2019 — A movement is emerging among conservation groups to create a “whale-safe” seal of approval for lobster caught with new types of gear designed to protect endangered North Atlantic right whales. But it could be a tough sell in Maine, where some say the iconic fishery is already sustainable.

A specific “whale-friendly” or even “whale-safe” brand would likely apply to lobster harvested from traps with weak, breakaway rope or remote-controlled “ropeless” gear systems.

Scientists and conservationists say such gear changes, while still in the developmental stage, could reduce or even eliminate the risk that whales will be injured or killed by entanglements.

“That’s really important, that fishermen willing to test this gear, and certainly those fishermen fishing with ropeless gear should be rewarded,” says Erica Fuller, a lawyer at the Conservation Law Foundation, one of several organizations suing the federal government for stronger protections of the roughly 400 North Atlantic right whales remaining on the planet.

Read the full story at Maine Public

D.C. court rules fisheries remain closed to help right whales

November 5, 2019 — For all the work going into North Atlantic right whale conservation in Georgia and Florida ahead of another calving season, a political and legal battle continues where the whales live and feed most of the year — off the coast of New England. Thursday, a federal district judge ruled two lobster fisheries can remain closed to protect the lives of right whales moving through the area.

The case began nearly two years ago as a set of environmental groups — the Center for Biological Diversity, Conservation Law Foundation, Defenders of Wildlife and the Humane Society of the United States — filed a complaint against the federal government because they disputed the finding of “no jeopardy” to right whales in the lobster fisheries, despite the finding that an average of 3.25 right whales a year would die through gillnet fishing operations.

The National Marine Fisheries Service, also known as NOAA Fisheries, is working on new rules that NMFS states will provide additional protections to North Atlantic right whales in lobster fisheries, and that the rulemaking should be complete by around the middle of 2020. As such, the agency filed a motion to stay the case, which Judge James Boasberg denied.

Read the full story at The Brunswick News

MPA, invasive species advisory panels killed by Trump lacked commercial fishing voice

October 2, 2019 — The US commercial fishing industry isn’t likely to shed many tears over the recent news that the president Donald Trump administration is disbanding two federal advisory boards focused on maintaining marine protected areas (MPAs) and battling invasive species, Bob Vanasse, the founder of industry advocacy group Saving Seafood, told Undercurrent News.

The panels were improperly constituted, including many representatives from ocean conservation groups and even the recreational fishing industry but none from commercial harvesters, he said.

The government will no longer fund the Marine Protected Areas Federal Advisory Committee run by the National Oceanic and Atmospheric Administration (NOAA) or the Department of the Interior’s (DOI’s) Invasive Species Advisory Committee, the two agencies confirmed on Tuesday. Both panels have been in operation for more than a decade.

Read the full story at Undercurrent News

River Herring May Be Added to Endangered Species List

June 14, 2019 — A decision to add two species of river herring to the federal endangered species list is due from the National Marine Fisheries Service (NMFS) later this month, and it could have significant implications for southeastern New England.

Alewives and blueback herring, collectively called river herring, were once abundant in rivers and nearshore waters from Canada to South Carolina, but dams, climate change, and overfishing have contributed to their decline by as much as 98 percent.

“Historically, they used all the big and small rivers on the entire Atlantic Seaboard,” said Erica Fuller, senior attorney for the Conservation Law Foundation, who has been advocating for increased management of the species for years. “They were the fish that fed the settlers; they were everywhere. There’s even a story of General Washington feeding the troops with alewives.”

But, she added, the species have been at historic lows for decades.

Read the full story at EcoRI

Lobstering industry objecting to ‘unfair closure’

May 9, 2019 — Lobstering industry members plan to gather in Plymouth on Thursday to speak out against what they see as the unfair closure of lobstering in the waters south of Scituate.

Industry representatives on the South Shore say they have worked to implement fishing techniques to protect right whales but say their efforts have been ignored by regulators in favor of blanket policies. They plan to make the case that there have been no whale entanglements in certain parts of Cape Cod Bay.

In late April, the Atlantic Large Whale Take Reduction Team recommended measures that could protect critically endangered North Atlantic right whales.

Read the full story at the Gloucester Daily Times

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