Saving Seafood

Fishermen not on board with Hudson Canyon sanctuary

April 7, 2017 — The Hudson Canyon is in the spotlight.

The Mid-Atlantic Fishery Management Council will hear a proposal from New York Aquarium, which has nominated the canyon for a National Marine Sanctuary designation.

The sanctuary program is run by the National Oceanic and Atmospheric Administration. In the program’s 40 years of existence 13 national marine sanctuaries and two marine national monuments have been established.

The sanctuaries are to be tailored to the needs of its stakeholders. New Jersey fishermen however, are raising concerns that they will be shut out of a prolific fishing ground.

“We’re in complete opposition. We’re not going to be fooled by the notion that the aquarium doesn’t intend to severely restrict fishing over time,” said Greg DiDomenico, Executive Director, Garden State Seafood Association.

The seafood association represents the interest’s of the state’s commercial fishermen.

The Hudson Canyon, a depression in the ocean floor that starts 80 miles east of Manasquan Inlet, is the largest submarine canyon on the Atlantic coast. It’s supports a rich diversity of marine life. Fishermen harvest seafood including squid, tunas, and shellfish from the canyon.

Read the full story at the Asbury Park Press

New Bedford Mayor Jon Mitchell Voices Coalition Concern Over Marine Monuments at House Hearing

WASHINGTON – March 15, 2017 – The following was released by the National Coalition for Fishing Communities:

Today, New Bedford, Mass. Mayor Jon Mitchell delivered written testimony to the House Natural Resources Committee on behalf of Saving Seafood’s National Coalition for Fishing Communities. His testimony expressed serious concerns about the impacts of marine monuments, designated using executive authority under the Antiquities Act, on fishermen and coastal communities.

Mayor Mitchell had planned to testify in person before the Subcommittee on Water, Power, and Oceans as a representative of the NCFC, but was unable to attend the hearing in Washington due to snow and severe weather conditions in the Northeast.

In his testimony, Mayor Mitchell questioned both the “poorly conceived terms of particular monument designations,” as well as “more fundamental concerns with the process itself.” Mayor Mitchell also delivered a letter to the committee signed by eleven NCFC member organizations further detailing their concerns with the monument process and how fishing communities across the country are affected by monument designations.

The letter was signed by the Atlantic Offshore Lobstermen’s Association, the California Wetfish Producers Association, the Fisheries Survival Fund, the Garden State Seafood Association, the Hawaii Longline Association, the Long Island Commercial Fishing Association, the Menhaden Fisheries Coalition, the North Carolina Fisheries Association, the Southeastern Fisheries Association, the West Coast Seafood Processors Association, and the Western Fishboat Owners Association.

In addition, three NCFC member organizations, the Atlantic Offshore Lobstermen’s Association, the Hawaii Longline Association, and the North Carolina Fisheries Association submitted individual letters outlining in further detail their opposition to marine monuments.

Mayor Mitchell was also critical of the monument designation process, by which a president can close off any federal lands or waters on a permanent basis using executive authority under the Antiquities Act. He instead praised the Fishery Management Council process created by the Magnuson-Stevens Act, which he said affords greater opportunities for input from stakeholders, scientists, and the public.

“The monument designation process has evolved effectively into a parallel, much less robust fishery management apparatus that has been conducted entirely independent of the tried and true Fishery Management Council process,” Mayor Mitchell said. “It lacks sufficient amounts of all the ingredients that good policy-making requires: Scientific rigor, direct industry input, transparency, and a deliberate pace that allows adequate time and space for review.”

Mayor Mitchell used his testimony to call attention to issues affecting fishing communities across the country, including New England fishermen harmed by the recently designated Northeast Canyons and Seamounts Marine National Monument, and Hawaii fishermen harmed by the expansion of the Papahānaumokuākea Marine National Monument. He also expressed the concerns of fishermen in Mid-Atlantic, South Atlantic, and Pacific waters in dealing with the monument process.

Mayor Mitchell concluded by calling on Congress to integrate the executive branch’s monument authority with the established processes of the Magnuson-Stevens Act, ensuring that the long-term interests of all stakeholders are accounted for.

“This Congress has an important opportunity to restore the centrality of Magnuson’s Fishery Management Councils to their rightful place as the critical arbiters of fisheries management matters,” Mayor Mitchell said. “Doing so would give fishing communities much more confidence in the way our nation approaches fisheries management. And it could give the marine monument designation process the credibility and acceptance that it regrettably lacks today.”

The mayor spoke at the hearing on behalf of the NCFC. The city of New Bedford, as Mayor Mitchell stated in his testimony, was instrumental in the founding of the Coalition, providing an initial seed grant for its creation.

Read Mayor Mitchell’s full testimony here

Read the NCFC letter here

Read the Atlantic Offshore Lobstermen’s Association letter here

Read the Hawaii Longline Association letter here

Read the North Carolina Fisheries Association letter here

New England fishermen challenge Obama’s marine national monument

March 7, 2017 — The following was released by the Pacific Legal Foundation: 

A coalition of New England fishermen organizations filed suit today over former President Barack Obama’s designation of a vast area of ocean as a national monument — a dictate that could sink commercial fishing in New England.

The organizations filing the lawsuit are the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fisherman’s Alliance, and Garden State Seafood Association.

They are represented, free of charge, by Pacific Legal Foundation, a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.

Watch this brief video

The lawsuit challenges President Obama’s September 15, 2016, creation of the Northeast Canyons and Seamounts Marine National Monument, 130 miles off the coast of Cape Cod.

“By declaring over 5,000 square miles of ocean — an area the size of Connecticut — to be a national monument, President Obama set this entire area off-limits to most fishing immediately, with what remains of fishing opportunities to be phased out over the next few years,” said PLF attorney Jonathan Wood. “This illegal, unilateral presidential action threatens economic distress for individuals and families who make their living through fishing, and for New England communities that rely on a vibrant fishing industry.”

A monumental abuse of presidential power

President Obama claimed to be relying on the federal Antiquities Act. But as today’s lawsuit makes clear, his decree far exceeded the authority granted to presidents by that 1906 statute. The Antiquities Act was enacted to protect ancient antiquities and human relics threatened by looting, giving the president broad powers to declare monuments consistent with that purpose.

However, the statute permits creation of national monuments only on “lands owned or controlled” by the federal government. Moreover, any designation must be “confined to the smallest area” needed to protect the artifacts or objects that the monument is intended to safeguard.

“President Obama violated both of those core requirements of the law when he created the Northeast Canyons and Seamounts Marine National Monument,” Wood noted. “Most fundamentally, the ocean, where the monument is located, is not ‘land,’ nor is it federally owned or controlled. The monument designation is also not confined to the smallest necessary area; on the contrary, its sprawling boundaries bear no relation to the underwater canyons and seamounts it is supposed to protect. In short, the designation of a vast area of ocean as a national monument was a blatant abuse of presidential power.

“Unfortunately, the Antiquities Act has morphed into a favorite tool for presidents to abuse,” Wood continued. “Today, presidents use it to place vast areas of federal lands off limits to productive use with little input. Monument designations are particularly common at the end of a chief executive’s term, once the president can no longer be held accountable.

“Former President Obama was the king of Antiquities Act abuse, invoking it more times than any prior president and including vastly more area within his designations than any predecessor,” said Wood. “Our lawsuit is intended to rein in abuse of the Antiquities Act and underscore that it is not a blank check allowing presidents to do whatever they want. The creation of the Northeast Canyons and Seamounts Marine National Monument is a clear example of a president exceeding his authority, and we are suing to make sure this edict is struck down and the rule of law prevails.”

No environmental justification

“Beyond its violation of the law, the monument designation also threatens to harm the environment by pushing fishermen to other, less sustainable fisheries, and increasing conflicts between their gear and whales,” said Wood. “The president’s proclamation cites protection of coral as one of the reasons for the monument. But the corals remain pristine after more than four decades of commercial fishing because fishermen know where the corals are, and carefully avoid them, out of environmental concern and because coral destroys their gear.

“Instead of punishing New England’s fishermen — and shutting down their businesses — federal officials should be acknowledging their positive role as stewards of the ocean’s environmental resources,” Wood added. “This is shown in their laudable efforts to promote sustainability. PLF’s clients, for instance, have spent years working to improve their methods and equipment and to retire excess fishing permits, knowing that these costly sacrifices will provide long-term benefits to their industry and the environment. The monument designation undermines those sustainability efforts, by depriving the fishermen of any reward for their sacrifices.”

With a ‘stroke of the pen,’ Obama’s illegal action ‘puts men and women out of work’

“We are fighting every day to keep the men and women in the commercial fishing industry working, but with one stoke of President Obama’s pen — and his abuse of the Antiquities Act — they are out of work,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

“The monument designation will have a negative rippling effect across the region as fishermen will have to search for new fishing grounds — only to find they are already being fished,” she said. “The shoreside businesses will also feel the impacts, as fishermen have to go further and further to harvest their catch, leaving less funds to reinvest in their businesses.

“We are extremely grateful to have PLF at our side as we fight back against this legal travesty, which is causing so much hardship for the commercial fishing industry here in the Northeast.”

The case is Massachusetts Lobstermen’s Association v. Ross. More information, including the complaint (see attached), a video, photos, podcast, and an explanatory blog post, is available at: www.pacificlegal.org.

Read the full legal filing here 

About Pacific Legal Foundation

Pacific Legal Foundation, America’s most powerful ally for justice, litigates in courts nationwide for limited government, property rights, individual liberty, and a balanced approach to environmental regulations. PLF represents all clients free of charge.

Fishermen: not so fast with wind farm

December 30, 2016 — Could sea scallops and longfin squid be reason enough to stop an offshore wind farm on the coast of New York and New Jersey?

The Fisheries Survival Fund, which represents the majority of the U.S. Atlantic scallop industry, claims the site picked for the farm is on documented fishing grounds for both commercially important species. It claims the wind turbines would shut fishermen out.

The group is the lead plaintiff in a federal lawsuit filed against the Bureau of Ocean Energy Management (BOEM) and Sally Jewell, the secretary of the U.S. Department of the Interior.  The BOEM has jurisdiction over the sea floor.

Other plaintiffs include the Garden State Seafood Association, the Fishermen’s Dock Co-Operative in Point Pleasant Beach and the Borough of Barnegat Light.

“We’re looking to stop the construction in it’s proposed location. If they want to build it somewhere else, that’s fine,” said Andrew E. Minkiewicz, attorney for the group.

Last year, the co-op handled close to $15 million worth of seafood, of which roughly two-thirds were scallops, according to the lawsuit.

Read the full story at the Asbury Park Press

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen for the 127 square mile wind farm is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social, and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit include: the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren.  The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

Mid-Atlantic Congressmen: No to Marine Sanctuaries in Baltimore, Hudson, and Norfolk Canyons

WASHINGTON — December 8, 2016 — In a recent letter to NOAA Administrator Kathryn D. Sullivan, Members of Congress representing five Mid-Atlantic states expressed trepidation regarding the potential designations of Baltimore, Hudson, and Norfolk Canyons as Marine Sanctuaries. Those signing the letter included Congressman Tom MacArthur (NJ-03), Congressman Walter B. Jones (NC-03), Congressman Frank LoBiondo (NJ-2), Congressman Lee Zeldin (NY-01), Congressman Chris Smith (NJ-04), Congressman Rob Wittman (VA-01), and Congressman Andy Harris, M.D. (MD-01).

In their letter, the Members of Congress argued the Canyons are already protected by the groundbreaking Deep Sea Coral amendment passed in 2015 by the Mid Atlantic Fishery Management Council.

The Garden State Seafood Association (GSSA), which took a leading role in the amendment effort, opposes the new designations, noting they are unnecessarily burdensome and fail to incorporate the voices of all ocean stakeholders.

“The GSSA does not believe a sanctuary designation is necessary as the canyons are already sufficiently protected by the Deep Sea Coral amendment,” said GSSA Executive Director Greg DiDomenico. “Designation of these canyons as marine sanctuaries would unjustifiably and unnecessarily extend prohibited fishing areas for hundreds of miles. Most egregiously, the unilateral nature of a marine sanctuary designation runs counter to the cooperative and participatory nature under which the Deep Sea Coral amendment was developed.”

Read the full letter here

Recreational fishermen push for pots off reefs

November 18, 2016 — A couple lobster men spoke their opposition to any plan that would deny them use of the ocean floor.

Greg DiDomenico, the head of the commercial fishing trade group Garden State Seafood Association, said he didn’t doubt the existence of gear conflicts on the reefs but would like to see a compromise made instead.

“All we really want is some resolution to this problem other than a complete prohibition,” he said.

The group suggested before that the reefs should be divided among users groups: three reefs for divers, six for recreational fishermen, and three for commercial fishermen. One reef would remain as a scientific no take zone.

Read the full story at the Asbury Park Press 

American’s seafood appetite is on the rise

October 27, 2016 — The numbers are in: Americans ate nearly a pound more seafood in 2015 than the year before.

It marked the third consecutive year that consumers put more seafood on their plates, but their rising appetite still isn’t back to where it was nearly a decade ago when people ate a record average of 16.6 pounds in 2004.

The numbers come from the National Oceanic and Atmospheric Administration’s annual Fisheries of the United States report, published this week.

The recent trend is a promising sign to seafood harvesters who make a living hauling fish and hard shell from the water.

The Garden State Seafood Association, a New Jersey commercial fishing trade group, said it’s “encouraged that Americans are eating more seafood” and urges consumers “to buy, eat and learn more about U.S. domestic fisheries.”

The United States imported 90 percent of its seafood in 2015, the report found.

New Jersey ranks 9th in the United States for seafood commercial harvests, according to the report.

American’s consumed on average 15.5 pounds of seafood last year, up from 14.6 pounds in 2014.

Read the full story at the Asbury Park Press 

NEW JERSEY: Reefs could get special management zone status

October 6, 2016 — The 13 artificial reefs that sit outside of three miles on the New Jersey coastline could get a Special Management Zone designation.

The designation would allow for restrictive gear rules on the reefs that would limit the taking of fish to hook and line and spear only. It would prohibit commercial fisherman from the use of fixed pots or trap gear.

The New Jersey Department of Environmental Protection petitioned the Mid-Atlantic Marine Fisheries Council to designate the 13 artificial reef sites as Special Management Zones last November.

That, of course, was preceded by a long, turf war between commercial and recreational fishermen on the reefs that culminated with the state’s artificial reef program being shut down in 2011.

A compromise was reached last year on the reefs in state waters where commercial fishermen were given access to portions of two existing reefs and a new square-mile reef was agreed to be constructed in state waters for use by recreational anglers.

Read the full story at the Asbury Park Press

Commercial Fishermen Question Obama’s Ocean ‘Monument’ Preserve

September 29, 2016 — Commercial fishing boat owners and groups are reacting to the executive action taken by President Obama that created a marine national preserve in the North Atlantic on Sept. 15. They say that banning commercial fishing there is unnecessary, since the fishing industry has already been working with government agencies on conservation measures. Plus, they fear the preserve will be expanded in the future, like the recent quadrupling of the Papahānaumokuākea Marine National Monument off the Hawaiian islands.

The new 4,193-square-mile Northeast Canyons and Seamounts Marine National Monument is located about 130 miles southeast of Cape Cod.

Environmentalists praise the fact that the preserve will also protect marine life from all drilling. However, the fishing angle is another matter, according to industry organizations such as the Garden State Seafood Association.

“All commercial fishing is excluded from the area, but fisheries in the top 10 to 20 feet, no way in the world they’re going to impact the bottom,” pointed out Nils Stolpe, communications director of the association.

Such is the case for a lot of the Barnegat Light-based boats, he said, for example, longliners and some hook-and-line tuna boats. “They’re fishing 3 miles up above all of this on the ocean floor.”

“Longliners are probably affected more than any of our other fisheries up there” by the declaration, said Ernie Panacek, general manager at Viking Village Commercial Seafood Producers in Barnegat Light. “Our bottom longlining boats and surface longlining for sword and tuna boats are going to be affected up there.”

Read the full story at The Sand Paper