Conservation Law Foundation Archives - Page 6 of 7

Jim Kendall: Plenty of guilt to go around on Carlos Rafael

September 18, 2017 — OK, OK, I get it! Carlos Rafael, aka, “The Codfather,” has done some pretty reprehensible things while amassing what seemingly is the largest percentage of ownership of the US multispecies groundfish fleet.

I am not going to try to defend his actions, or his reasoning, but I would like to point out that there is plenty of guilt to go around and some people should not be so quick to point their finger at him alone. What is it that they say about casting the first stone?

Apparently, among his sins is his aforementioned ownership of the largest fleet of multi-species groundfish vessels, as well as some scallop vessels. While this may be true, let us ponder what enabled, abetted, and allowed him to gain such an advantage over everyone else. At this point, he wasn’t breaking the law, he was only taking advantage of it, and of those who most fervently wanted it!

It should be remembered, that the Environmental Defense Fund (EDF), as well as the Conservation Law Foundation (CLF), were several of the earliest, most emphatic, and dedicated supporters for the development, adoption, and implementation of the “Catch Share” program.

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

MASSACHUSETTS: CLF teleconference on Rafael agrees on one thing: More monitoring

September 14, 2017 — NEW BEDFORD, Mass. — Less than two weeks remain until the Carlos Rafael trial is scheduled to wrap up with sentencing set for Sept. 25 and 26.

The Conservation Law Foundation held a teleconference Wednesday to discuss the evolution of Rafael’s actions to his guilty plea and potential fallout from sentencing.

CLF attorney Peter Shelley discussed the topic with Togue Brawn of Downeast Dayboat, a commercial scallop company, and Patrick Shepard of the Maine Center for Coastal Fisheries.

“I think it’s fair to say all eyes on are NOAA fisheries and what’s it going to do,” Shelley said.

The answer at this point is no one really knows — at least until sentencing. NOAA has consistently told The Standard-Times it doesn’t comment on ongoing litigation.

However, the CLF teleconference provided recommendations on what can be done in the aftermath of Rafael’s sentencing.

Read the full story at the New Bedford Standard-Times

Conservation Law Foundation submits victim impact statement in Carlos Rafael case

September 7, 2017 — NEW BEDFORD — Within the past 10 days, the Conservation Law Foundation sent three letters to various individuals involved — either directly or indirectly — with the Carlos Rafael case.

The foundation doesn’t represent any party directly, but its goal is to “use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy,” according to its website.

CLF sees Rafael’s guilty plea in March to illegal fishing as infringing on its principles.

“Discovering there’s been someone who has been systematically trying to undercut management, from our perspective not only harms the fisheries but also the work we’ve done,” senior counsel for CLF Peter Shelley said.

Shelley drafted all three letters. The first, he sent Aug. 29 to the New England Fishery Management Council’s Chair John Quinn and Executive Director Thomas Nies.

The second was addressed to NOAA’s John Bullard, the regional administrator, and Joe Heckwolf, an enforcement attorney, was sent Sept. 1.

The final letter, dated Sept. 6, was addressed to Judge William Young, who presided over Rafael’s plea agreement and will sentence the New Bedford fishing giant on Sept. 25 and 26.

Read the full story at the New Bedford Standard-Times

Eagle-Tribune: Outdated Antiquities Act needs revisions

August 28, 2017 — The announcement last week that Interior Secretary Ryan Zinke had wrapped up his review of 27 recently established national monuments did little to lessen the controversy surrounding their status. Zinke’s unwillingness to be transparent about his review and its results all but guarantees a legal quagmire.

While most of the attention has been focused on Utah and the newly created Bears Ears National Monument, there are also high stakes in New England, where fishermen, boaters and environmentalists are waiting to see how the Trump administration views the Northeast Canyons and Seamounts Marine Monument.

All sides are already threatening lawsuits, so no matter the outcome, the issue will likely not be settled for years.

“The fate of these treasures shouldn’t be left hanging in the balance,” Peter Shelley, senior counsel for the Conservation Law Foundation, said in a statement last week. “Some 3 million people — more than 98 percent of the commenters — voiced their support for keeping our national monuments intact. Submitting recommendations that defy the will of the American people and then withholding these recommendations from the public is utterly unacceptable. The president has no legal authority to alter national monuments, and we will take him to court if he tries.”

If anything, the debate over Canyons and Seamounts shows the need for Congress to update the outdated Antiquities Act, which allows presidential administrations to designate and reshape national monuments with little or no oversight.

Read the full editorial at the Eagle-Tribune

Advancing fishing rule aims to protect deep-sea coral in New England waters

May 31, 2017 — Fishing trawlers bring in an average of $6.4 million annually to Bay State ports from fish scooped off seabeds 600 meters or more below the surface of New England waters.

In an effort to save coral on the ocean floor, the New England Fisheries Management Council is advancing a proposed restriction on draggers and trawlers fishing at those depths.

The waters off New England do not get that deep until beyond George’s Bank and lobstermen that fish on the bank do not set traps at that depth, according to council staff. The proposed rule would exempt the relatively small red crab fishery.

The council’s Habitat Committee signed off Tuesday on the proposal, which affect fishing operations in a roughly 25,000 square mile area. If it is passed by the full council it would need to go through the National Marine Fisheries Service, also known as NOAA Fisheries, before it would go into effect.

Environmental groups Wild Oceans, Earthjustice, Pew Charitable Trusts and Conservation Law Foundation urged the council’s scientists to study an alternative proposal, which they said would protect more coral than the plan the council advanced. The council agreed to study the conservation groups’ proposal.

“There could be changes at any point in time. Ultimately when the full council votes on this June 22, we’ve got this preferred alternative going in. That hasn’t changed. But other things may be brought up,” said Habitat Committee Chairman John Quinn, a Dartmouth resident and former state rep.

Read the full story at the Boston Business Journal

MASSACHUSETTS: A National Marine Monument for New England? Maritime Gloucester Talk

March 23, 2016 — A National Marine Monument for New England. Should the President designate the Cashes Ledge Closed Area and the New England Coral Canyons and Seamounts as the first Marine National Monument in the Atlantic? Come and hear experts Vito Giacalone from the Northeast Seafood Coalition and Peter Shelley of Conservation Law Foundation tackle the issues and the controversies surrounding Presidential action. A Panel with Vito Giacalone, Volunteer Chair of Governmental Affairs, Northeast Seafood Coalition and Peter Shelley, Senior Counsel, Conservation Law Foundation Massachusetts, with moderator, Sean Horgan, Gloucester Daily Times. Recorded at Maritime Gloucester on 3/3/2016

Watch the full video at Cape Ann TV

NPR: Conservationists Push for a National Undersea Monument

October 22, 2015 — WASHINGTON (Saving Seafood) — October 22, 2015 — The following is an excerpt from a story by Heather Goldstone, originally published October 19 on NPR affiliate WCAI. It also appeared on NPR’s Weekend Edition Sunday.

Editor’s Note: In the article, the Conservation Law Foundation’s Priscilla Brooks comments that the Antiquities Act is “how we’ve gotten many of our incredible national parks – the Grand Canyon, Yellowstone.” However, Yellowstone National Park predates the Antiquities Act of 1906 by 34 years, having been established in 1872 by an act of Congress.

The ocean off New England’s coast is known for lobster and cod, but there are also lush kelp forests and rare deep-sea corals. Environmentalists want President Obama to declare those natural riches a marine national monument – the first of its kind in the Atlantic. Fishermen say the plan not only threatens their business, it silences their voices.

…

Environmentalists are pushing President Obama to declare a marine national monument covering Cashes Ledge, the canyons, and everything in between – six thousand square miles in all. Shank agrees that some protection is needed, but he’s not convinced a monument is the way to go.

“Maybe I’m too much of a nerd scientist,” he jokes. “I just want to see us be informed about what we’re doing.”

By law, fishery managers are required to involve scientists, fishermen, and the public in crafting regulations. Fishermen don’t always like the result, but they have a say, and decisions can usually be revisited. The president, on the other hand, can declare a monument and permanently shut down fishing without any public process at all. Steve Welch of Scituate, MA, helped shape the current rules for Cashes Ledge. Standing outside a recent fishery management meeting, he says the president shouldn’t have that power.

“This is not what America is about,” Welch says. “We might as well have a dictator in the White House.”

Fishermen from twenty six states have signed a petition opposing a presidential proclamation, and the House is considering a bill that would require state and congressional approval for ocean monuments. But monument supporters point to our national parks as living proof that executive action is warranted.

“We learned a century ago that giving the President the authority to protect special areas has been a huge boon for the public,” says Priscilla Brooks, Vice President and Director of Ocean Conservation for Conservation Law Foundation. “That’s how we’ve gotten many of our incredible national parks – the Grand Canyon, Yellowstone.”

Read the full story and listen to the audio at WCAI

Obama admin mulls marine monument off New England

September 17, 2015 — The Obama administration appears to be considering a marine monument off the coast of New England, with federal officials holding a “town hall” meeting on the idea earlier this week.

The National Oceanic and Atmospheric Administration organized the meeting in Providence, R.I. More than 100 people attended — with some estimates exceeding 300 — to debate the protection of deep-sea canyons and underwater mountains 150 miles offshore.

Environmental groups proposed the monument just two weeks ago, urging President Obama to use the Antiquities Act to permanently protect almost 5,000 square nautical miles (Greenwire, Sept. 1). Such requests are not unusual as Obama nears the end of his term and ramps up his use of the act.

But this time, the proposal came from a coalition of some of the largest conservation groups. Among them: the Natural Resources Defense Council, Earthjustice, the Conservation Law Foundation, Pew Charitable Trusts and Environment America. Other groups also voiced their support.

Within days, NOAA announced a town hall to “discuss permanent protections” off New England. The agency has been vague on details; it has not specified that the discussion will inform the White House for a possible marine monument.

But the agency is not proposing a marine sanctuary, according to spokeswoman Ciaran Clayton. Such sanctuaries, which are created and managed by NOAA, can take years to materialize.

“NOAA hasn’t proposed anything,” Clayton said in an email before Tuesday night’s public meeting. “We’re holding this town hall because there’s been interest from a number of groups on many types of protections. The public meeting is an opportunity for stakeholders to provide input.”

Read the full story at E&E Reporter

AP: Proposal to Protect Offshore Sites Draws Support, Opposition

September 3, 2015 (AP) — Environmental advocates say the federal government should extend permanent protection to two underwater sites off the New England coast by making them national monuments.

Fishing advocacy group Saving Seafood said Wednesday it opposes more restrictions on the areas, already closed to fishing and monitored by federal regulators.

Maine Gov. Paul LePage wrote President Barack Obama last week saying he opposes the proposal, which he said would hurt the state’s economy.

Read the full story from the Associated Press

A Simple Map Shows Cashes Ledge Habitat Is Already Protected

WASHINGTON (Saving Seafood) — September 2, 2015 — Yesterday, Saving Seafood released an analysis explaining how the proposal to use a National Monument designation to protect Cashes Ledge, as advocated by the Conservation Law Foundation, Pew Charitable Trusts, the National Geographic Society, and the Natural Resources Defense Council, overlooks existing protections and overrides the current, successful system of open, democratic management. In short, we called the proposal “a solution in search of a problem,” one that removes the public from the management of public resources.

Read the full Saving Seafood analysis here

The New England Fishery Management Council (NEFMC) today provided Saving Seafood with an updated map (see below), one that is clear, simple, and easy to understand. It delineates the protections the Council voted for last June in Omnibus Habitat Amendment 2 (OHA2), which are currently being evaluated by the National Oceanic and Atmospheric Administration (NOAA) for final approval. In light of this evening’s public event at the New England Aquarium which will describe the uniqueness and value of this region, Saving Seafood is sharing this map so that all interested parties can be fully aware of the protections already in place, additional protections currently in progress, and of the decade of work by numerous scientists, fishermen, regulators, environmentalists, elected officials, researchers, academics, and career government staff at the Council and the Agency that has gone into developing them.

As we noted in our analysis, the NEFMC and NOAA have successfully protected Cashes Ledge over the last decade though a collaborative, consultative process that built a consensus among the scientists, fishermen, regulators, and other valuable New England stakeholders. The Council has also ensured that the region remains protected well into the future with the recent approval of Omnibus Habitat Amendment 2 (OHA2), and is working to extend similar protections to the New England Canyons and Seamounts through their in-progress Deep-Sea Coral Amendment.

These developments support Saving Seafood’s conclusion that the process as it exists is working, and the a National Monument designation would only circumvent and undermine the public management of these areas that have been so beneficial to Cashes Ledge and other unique habitats.

See the updated map below: