Saving Seafood

New Bedford Mayor Jon Mitchell Submits Additional Testimony on Marine Monuments to Congress

WASHINGTON (Saving Seafood) – March 30, 2017 – On March 15, Mayor Jon Mitchell of New Bedford, Massachusetts delivered written testimony to the House Natural Resources Committee expressing serious concerns about the impact of marine monuments on fishermen and coastal communities, as well as the process by which president’s designate monuments using the Antiquities Act.

Yesterday, Mayor Mitchell submitted additional answers to questions from Rep. Doug Lamborn, Chairman of the Subcommittee on Water, Power, and Oceans. In his follow-up answers, Mayor Mitchell supported fisheries management under the Council process created by the Magnuson-Stevens Fishery Conservation and Management Act.

“I would argue that the Council has both the resources and the approach necessary to achieve ecosystem protection (while balancing economic productivity) commensurate with any protections that could be pursued in conjunction with a monument designation under the Antiquities Act,” Mayor Mitchell wrote. “I have witnessed firsthand the strengths of the of the Fishery Council’s deliberative- and decision-making processes.”

Mayor Mitchell went on to cite two recent examples of the Council process effectively being used to protect important marine resources. In the Mid-Atlantic, the Frank R. Lautenberg Deep-Sea Coral Protection Area, designated by the Mid-Atlantic Fishery Management Council in 2015, brought together a broad range of stakeholders to protect over 38,000 square miles of federal waters. The resulting protected area was applauded by conservation groups and fishermen alike.

In New England, the Omnibus Habitat Amendment 2, passed last year by the New England Fishery Management Council after more than a decade of work, used the most up-to-date science to protect essential and vulnerable New England habitats, while opening up areas no longer considered important for successfully conserving fish stocks. The development of this amendment was deliberative and collaborative, with input from federal and state regulators, environmental groups, scientists and academics, and members of the fishing industry, Mayor Mitchell wrote.

Read Mayor Mitchell’s letter here

New Bedford Standard-Times: Congress can realign the bureaucracy

March 17, 2017 — The designation of the Northeast Canyons and Seamounts as a national monument last summer might have appeared to be the end of a battle between environmentalists and commercial fishermen, but the installation of an administration focused on deregulation has revived the fight.

The House Committee on Natural Resources on Wednesday held an oversight hearing on the creation of national monuments that included testimony from New Bedford Mayor Jon Mitchell, as well as representatives of extractive industries, academia and commercial tuna fishing. Mayor Mitchell, who couldn’t attend the hearing because of weather-disrupted travel plans, testified about the impact on both the red crab fishery and those fisheries that involve migratory fish that swim in the upper part of the water column. There were questions from committee members that reflected both sides of the issue, including one from a Democrat questioning the validity of the mayor’s argument about migratory fish. The response by University of North Carolina biology professor John Bruno to Democratic Virginia Rep. Don Beyer was that the entire water column needs protection.

Mayor Mitchell also lamented the lack of stakeholder input involved in the monument designation through the executive instrument of the Antiquities Act used by President Barack Obama last year.

Republican Alaska Rep. Don Young also wondered at the Antiquities Act during the hearing, attributing more than just conservation as the goal to the former president: Rep. Young believes the ocean designations made under President Obama were calculated to limit offshore drilling and mining.

Rep. Young noted forcefully that Congress did not create the Antiquities Act to protect oceans, and it represented a clear case of executive overreach.

The Standard-Times is generally in favor of policies that reduce fossil fuel extraction. Nevertheless, Rep. Young’s observation about the Antiquities Act, Mayor Mitchell’s complaint about its use, and the duty of oversight point to the issue of Congress’ intent, which should have weight in the committee’s opinion. Congress has the authority to rein in the bureaucracy, though it doesn’t always exercise that authority.

Read the full story at the New Bedford Standard-Times

MASSACHUSETTS: New Bedford Mayor questions decision-making process behind marine monuments

March 16, 2017 — Tuesday’s winter storm prevented Mayor Jon Mitchell from appearing in front of the U.S. House Committee on Natural Resources on Wednesday, but he still voiced his opinion on the matter of national marine monuments through written testimony.

Mitchell submitted five pages laying out criticism of President Barack Obama’s executive order that created a protected marine area about 130 miles off the coast of Cape Cod last September.

“The monument designation last fall puts New Bedford jobs in peril, specifically jobs associated with the crab and lobster industries,” he told The Standard-Times. “More generally, the authority exercised by the president is something that could be used again and put other jobs at risk.”

In his testimony, Mitchell highlighted two key concerns with the monuments. First, he called the monument “poorly conceived” and again questioned the process of establishing the protected waters.

“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,” Mitchell wrote in his testimony.

He also questioned the effectiveness of the monuments in protecting marine life, stating that fisheries focused on fish near the surface of the water would “have no impact on the integrity of the bathymetry and substrate that a monument is meant to protect.”

Proponents of the monument refer to the order as a vital piece to the future of marine life. Dr. John Bruno, a biology professor at the University of North Carolina who attended Wednesday’s hearing, supported the protected waters. He criticized past legislation like the Magnuson-Stevens Act saying it’s failed to protect oceanic ecosystems.

Under the Magnuson-Stevens act, temporary fishery management plans are enacted for finite periods. Monuments like those enacted by Obama under the Antiquities Act, are permanent.

“Permanent is an awfully long time to state the obvious,” Mitchell said. “When decisions like that are made, they have to be subjected to the fullest possible input. I’m certainly not taking the position that this sort of thing should never happen but rather these decisions need to be more carefully made.”

Read the full story at the New Bedford Standard-Times

Fishing Industry Tells Committee Regulations Go Too Far

March 16, 2017 — Allegations of bad science and lobbying by overzealous environmentalists dominated talks on marine sanctuary and monument designations during a Congressional hearing Wednesday.

The House Committee on Natural Resources met to unpack the pros and cons of such designations with a panel of industry insiders and their supporters called to testify.

Among those who testified were Brian Hallman, executive director of the American Tunaboat Association, and Chett Chiasson, executive director of the Greater Lafourche Port Commission.

Hallman offered a robust defense of watermen and the fishing industry and was quick to remind representatives that tuna profits reel in a half billion dollars annually and serves as a major boon for the U.S. economy.

According to Hallman, his organization represents all U.S. flagged fishing vessels in the Pacific Ocean and trawls the waters there pursuant to three separate treaties.

Read the full story at the Courthouse News Service

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

Marine Monument Designations Sideline Communities and the Domestic Fishing Industry

March 15, 2017 — The following was released by the House Committee on Natural Resources:

Today, the Subcommittee on Water, Power and Oceans held an oversight hearing on the creation and management of marine monuments and sanctuaries. The panel overwhelmingly objected to the lack of local input, transparency and scientific scrutiny in the marine monument designation process.

“Federal decision-making directly impacts local citizens, local economies and the environment. It is important to review how these decisions are being implemented, and, where needed, correct or improve the laws guiding these decisions,” Subcommittee Vice Chairman Daniel Webster (R-FL) said.

Chairman Rob Bishop (R-UT) discussed his visit to New Bedford, MA, the nation’s top-grossing commercial fishing port, with Democrat Mayor Jon Mitchell, who was unable to attend due to weather.

“[D]uring my visit to New Bedford, we met with dozens of local fishermen and industry to talk about the Magnuson-Stevens reauthorization as well as the state of federal fisheries management. It didn’t take long for the conversation to quickly turn to the then-proposed Marine National Monument off of the coast of Massachusetts. However, the fishermen weren’t just blindly opposing the Monument, they actually came to the table with a pragmatic solution,” Bishop stated.

Unfortunately with the stroke of his pen, President Obama ignored a viable alternative developed with stakeholders and unnecessarily cordoned off vital acreage for fishing communities off the coast of Cape Cod.

In his written testimony, Mayor Mitchell pointed out inherently flawed issues in the monument designation process: “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,” Mitchell wrote.  

“A decision-making process driven by the simple assertion of executive branch authority ultimately leaves ocean management decisions permanently vulnerable to short-term political considerations,” Mitchell added. “Such an outcome is cause for deep concern no matter one’s position in the current policy debates.”

Brian Hallman, Executive Director of the American Tunaboat Association, outlined the troubling conflicts monuments and sanctuaries have with established procedures including the federal Magnuson-Stevens Act and international treaties and conventions.

“The fundamental purpose of marine monuments, as I understand it, is to preclude, or at least severely limit, human activity in the designated area […] but limiting fishing via marine monuments makes no sense whatsoever. […] The establishment of marine monuments completely pre-empts and usurps these longstanding, legally binding and effective processes,” Hallman stated.

Click here to read full witness testimony.

Last week Chairman Bishop and Rep. Aumua Amata Coleman Radewagen (R-American Samoa) sent a letter to President Trump requesting the removal of all marine monument fishing prohibitions. Click here to read the letter.

Chairman Bishop, Rep. Radewagen Call on President Trump to Reverse Unilateral Fishing Restrictions

WASHINGTON — March 7, 2017 — The following was released by the House Committee on Natural Resources:

Chairman Rob Bishop (R-UT) and Rep. Aumua Amata Coleman Radewagen (R-American Samoa) sent a letter to President Trump today requesting removal of all marine monument fishing prohibitions and reinstatement of fisheries management under federal law.

“Access to several of the nation’s key fisheries is in jeopardy – through the establishment and expansion of marine national monuments. […] The commercial fishing prohibitions of marine national monuments impact shore-side businesses and local economies of the U.S.,” the letter states.

“Using the Antiquities Act to close U.S. waters to domestic fisheries is a clear example of federal overreach and regulatory duplication and obstructs well managed, sustainable U.S. fishing industries in favor of their foreign counterparts. You alone can act quickly to reverse this travesty, improve our national security, and support the U.S. fishing industry that contributes to the U.S. economy while providing healthy, well-managed fish for America’s tables.”

Click here to read the full letter.

LOUISIANA: Charlie Melancon continues battle with Garret Graves’ bill

October 6, 2016 — Controversy continues to swirl around Charlie Melancon and his state agency’s position on regional management of red snapper in the Gulf of Mexico.

The latest for Gov. John Bel Edwards’ appointed top man in the Louisiana Department of Wildlife and Fisheries comes from a Sept. 15 letter Melancon penned to Rep. Rob Bishop, R-Utah, the standing chairman of the U.S. House Natural Resources Committee.

In the missive, Melancon continued to decry HR 3094, a bill introduced by Rep. Garret Graves, R-Louisiana, that would hand recreational red snapper management in the Gulf of Mexico to the five Gulf states.

Melancon continued to state his objections to the bill, the same ones he and his staff offered in July, and continued to indicate that Bishop’s amendment passed with HR 3094 would put the onus of data collection on the states despite Bishop’s letter to the LDWF that his amendment did not indicate the states would have to assume the costs of data collection.

Read the full story at The Advocate

LOUISIANA: LDWF snapper-management cost estimate undermined

September 13, 2016 — The Louisiana Department of Wildlife and Fisheries’ contention that state-run management of red snapper would cost more than $10 million in its first year alone was undermined Wednesday when Congressional officials confirmed the federal government would still pay for stock assessments and research efforts in the Gulf of Mexico — absorbing most of the LDWF cost estimate.

The news came during LDWF’s “Red Snapper Education Day” that featured speakers hand-picked by the department to inform members of the Louisiana Wildlife and Fisheries Commission and the general public on the status of the snapper fishery.

The department, led by Secretary Charlie Melancon, has come under fire from recreational anglers since midsummer for opposing H.R. 3094, which would remove management of Gulf red snapper from the federal government and award it to the Gulf States Red Snapper Management Authority, a group comprised of representatives from each of the five states.

Congressman Garret Graves (R-Baton Rouge) sponsored the bill.

Recreational anglers — who received an 11-day federal snapper season in the Gulf this summer — have long complained the federal system is highly-politicized, mismanaged and favors commercial fishermen.

The prior LDWF administration labored for years to strip management from the Gulf of Mexico Fishery Management Council, and worked closely with Graves as the bill made its way through the Congressional process.

Melancon contended in June that an amendment offered by U.S. House Natural Resources Chairman Rob Bishop (R-Utah) to eliminate from the bill federal funding of state management was a “poison pill” designed to kill the legislation in Washington, D.C.

Read the full story at Louisiana Sportsman

House Water, Power and Oceans Newsletter August 2016

September 6, 2016 — The following was released by the House Committee on Natural Resources’ Subcommittee on Water, Power, and Oceans:

Over the past few months, the House Subcommittee on Water, Power and Oceans worked towards enhancing water and power supplies, instilling federal transparency and accountability and promoting fishing access in domestic and international waters. In the final months of the 114th Congress, the Subcommittee will continue these efforts through legislative and oversight activities. For additional information about the Subcommittee please visit our website.

PROTECTING FISHING ACCESS

NATIONAL OCEAN POLICY HAS FISHING AND FARMING INTERESTS CONCERNED

The Subcommittee held a May hearing on President Obama’s National Ocean Policy. Following unsuccessful efforts to pass major national ocean policy legislation during three successive Congresses under both Democrat and Republican majorities, the Administration initiated the development of a sweeping multi-agency federal management plan for oceans, which culminated in July 2010 when President Obama issued Executive Order 13547. This Executive Order created the National Ocean Council, which includes the heads of 27 different federal agencies. The National Ocean Policy imposes a new governance structure over agencies to ensure to the fullest extent that all agency actions are consistent with the objectives laid out in the Executive Order, including marine spatial planning and ecosystem-based management.

The Subcommittee heard from witnesses representing fishing interests in the Northeast and Gulf of Mexico and a western farming and ranching witness. The Administration refused to provide a witness for the hearing to help clear up many unanswered questions. Representative Bradley Byrne (R-AL) successfully offered an amendment preventing federal funds from being used to execute actions under the National Ocean Policy to the Fiscal Year 2017 Interior Department appropriations bill.

CHAIRMAN BISHOP VISITS NEW ENGLAND COMMERCIAL FISHERIES PORT

Following the one-year anniversary of the House passage of H.R. 1335, legislation reauthorizing the Magnuson-Stevens Act, House Committee on Natural Resources Chairman Rob Bishop spent June 2, 2016 touring one of the Nation’s leading commercial fishing ports in New Bedford, Massachusetts. Accompanied by New Bedford Mayor Jon Mitchell, Representative Bill Keating, and fishing industry leaders, Bishop spent the day touring the harbor and shore-side facilities that support this robust working waterfront.

Chairman Bishop also participated in a roundtable discussion with dozens of industry representatives at the historic New Bedford Whaling Museum. While the roundtable initially focused on the work of the Committee and efforts to reauthorize the Magnuson-Stevens Act, the conversation quickly turned to the proposed Marine National Monument off the coast of Massachusetts currently under consideration by President Obama. During the roundtable, industry representatives noted the lack of transparency and presented an industry alternative to the proposal. This alternative mirrors the unified stance taken by state fisheries directors from Maine to Florida outlined in a May 9 letter to President Obama from the Atlantic States Marine Fisheries Commission.

Following this visit, Chairman Rob Bishop penned an op-ed in the Boston Herald discussing the Administration’s Marine National Monument proposal and highlighting the lack of transparency and stakeholder input in the Antiquities Act process. The Chairman’s op-ed can be found here. In response to widespread local opposition to this proposal, Representative Lee Zeldin (R-NY) successfully offered an amendment to the Fiscal Year 2017 Interior Department appropriations bill that prevents federal funds from being used to designate a Marine National Monument in U.S. federal waters (three miles from shore out to 200 miles). This followed the House’s June passage of Zeldin’s H.R. 3070, the “EEZ Zone Clarification and Access Act.” The bill allows recreational striped bass fishing in the Block Island Transit Zone and is the result of grassroots efforts by Long Island fishermen who testified at Natural Resources Committee hearings.

Read the full newsletter at the House Committee on Natural Resources