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New Bedford Mayor Jon Mitchell set to testify to Congress about impact of marine monument

March 15, 2017 — Weather permitting, Mayor Jon Mitchell on Wednesday will be in Washington giving testimony to Congress about an underwater marine monument which former President Obama created with a stroke of the pen in 2016 over the protests of the fishing community.

The Northeast Canyons and Seamounts Marine National Monument spans nearly 5,000 square miles 150 miles off Cape Cod, and it was hailed by environmentalists for preserving enormous underwater mountains and vast, deep canyons only now being explored.

Three years earlier, an underwater remotely-operated vehicle sent back pictures of incredible life forms and geological features.

“These images, shared by the National Oceanic and Atmospheric Administration, demonstrated to the world that this bit of the Atlantic was an ecological hot spot, a veritable underwater Serengeti,” said the Natural Resources Defense Council.

The NRDC was among the leaders of many organizations that jumped at the opportunity to preserve the monument against human activity, fishing in particular.

Read the full story at the New Bedford Standard-Times

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.

Commercial Fishing Interests Fight New York Offshore Wind Project In U.S. District Court

Heat map of scallop fishing effort in the area around the proposed New York wind energy area. The proposed wind energy area is in blue.

WASHINGTON (Saving Seafood) – February 9, 2017 – Lawyers representing a host of fishing communities, associations, and businesses, led by scallop industry trade group the Fisheries Survival Fund, argued in U.S. District Court in Washington, D.C., yesterday against the lease sale of 127 square miles of ocean off the coast of Long Island for wind energy development. A ruling is expected in the coming days.

The plaintiffs are seeking a preliminary injunction against the wind farm lease, which the Bureau of Ocean Energy Management (BOEM) preliminarily awarded to Norwegian oil and gas company Statoil for $42.5 million at auction in December, arguing that the site of the project is in the middle of important fishing grounds, particularly for the valuable scallop and squid fisheries. They claim that allowing the lease sale to go through would cause irreparable harm to commercial fishermen and is unlawful.

The plaintiffs argued that the lease sale would have an immediate impact on fishing interests by giving the government and Statoil free rein to conduct a number of harmful actions, including installing a meteorological tower that could damage scallop beds, and performing sonic testing that studies suggest hurts fish populations. The plaintiffs also said that, should the lease proceed, additional investments make it nearly certain that a wind farm will be constructed, permanently restricting fishermen who make their livelihoods in the area.

Lawyers representing BOEM and Statoil countered that the plaintiffs failed to demonstrate immediate and irreparable harm to their livelihoods, saying that any impact on fishermen would not happen for years, and that there would be time to address fishing concerns in future environmental assessments.

Federal law requires a balanced process that considers all stakeholders when developing wind energy projects, but the plaintiffs said that fishing concerns have not been properly addressed in the siting of the New York wind energy area.

BOEM estimates the value of fishing grounds in the proposed wind energy area at $90 million, a figure that the plaintiffs argued is too low because the government used less precise vessel trip reports instead of more accurate satellite-based vessel monitoring systems. The defendants argued that the lease siting process was transparent, including meetings with fishermen and multiple requests for information.

The plaintiffs responded that their more accurate information was ignored, the location of the wind farm was chosen in private, and fishermen never had a chance to advocate for alternative sites.

The plaintiffs maintained that their complaint was not against wind energy as a whole, pointing out that Mayor Jon Mitchell of New Bedford, Mass., a plaintiff in the case, has been an outspoken proponent of wind energy development. Specifically, they are challenging the use of the unsolicited bid process that allows private entities to claim part of the ocean for wind energy development.

The plaintiffs in the case are the Fisheries Survival Fund, the Garden State Seafood Association, the Long Island Commercial Fishing Association, the Narragansett Chamber of Commerce, the Fishermen’s Dock Cooperative, the Rhode Island Fishermen’s Alliance, the City of New Bedford, Mass., the Borough of Barnegat Light, N.J., the Town of Narragansett, R.I., SeaFreeze Shoreside, Sea Fresh USA, and the Town Dock. The case was heard by Judge Tanya S. Chutkan.

Read more about the lawsuit here

Court Accepts New Bedford Mayor’s Declaration in Support of Lawsuit Against BOEM

December 9, 2016 — WASHINGTON (Saving Seafood) – This morning, the court accepted a declaration by New Bedford Mayor Jon Mitchell in support of a lawsuit filed yesterday by a group of 12 commercial fishing organizations, businesses and municipalties including the Fisheries Survival Fund and the City of New Bedford. The lawsuit alleges the federal government’s Bureau of Ocean Energy Management (BOEM), failed to adequately consider the voices of commercial fishermen in the consideration of a proposed offshore wind farm off the coast of New York.

“During my administration, the City also has become a national leader in the development of the offshore wind industry,” said Mayor Mitchell. “Among other initiatives, my administration established the New Bedford Wind Energy Center, the only local economic development agency of its kind in the US, and has facilitated investment in port infrastructure and workforce training programs to support the industry.”

When BOEM previously designated wind lease areas off the coasts of Rhode Island and Massachusetts, New Bedford worked hand-in-hand with BOEM to ensure fishing voices were considered. Consequently, the wind lease areas were drawn in such a way that they had minimal impact on the commercial fishing industry. In the case of the proposed New York wind farm, however, BOEM, according to the Mayor, has failed to take the same steps to ensure commercial fishing voices are heard.

“The City of New Bedford is joining this lawsuit because in its assessment of the New York Bight for offshore wind development, BOEM has not properly considered the legitimate concerns of the fishing industry,” said Mayor Mitchell. “I believe the opening of the New York Bight for offshore wind leasing, as currently proposed, will cause direct harm to existing fishing interests in New Bedford and elsewhere.”

Read Mayor Mitchell’s full declaration here

Obama Closes Ocean Waters South of Cape Cod

September 15, 2016 — WASHINGTON — President Barack Obama will declare the first marine national monument in the Atlantic Ocean today, barring uses including commercial fishing in nearly 5,000 square miles of waters southeast of Cape Cod.

Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument — in an area also known as New England Canyons and Seamounts — follows at least a year of concerns and opposition from advocates of the commercial fishing industry, including local elected officials.

Marine monument debates over the past year have involved balancing the preservation of marine life, ocean health and sustainable fisheries with potential oil and gas exploration, unsustainable fisheries, mineral mining, fishing-reliant regional economies and more.

Jon Williams, president of Atlantic Red Crab Co. on Herman Melville Boulevard, said in November 2015 that a monument designation “would be a big hit for the company,” which employs about 150 full-time workers in New Bedford and fishes several times a year in the affected areas.

Mayor Jon Mitchell acknowledged potential challenges for the commercial fishing industry Wednesday night.

“While I believe the industry generally was in a position to manage the implications of the so-called ‘seamount’ area of the monument, the inclusion of the ‘canyons’ area would have benefited from more industry input,” Mitchell said. “I appreciate that the White House sought out more input than is required, but 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 in other parts of the Atlantic without unduly burdening the commercial fishing industry.”

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

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

New Bedford Standard-Times: Stakeholders deserve open process in monument designation

August 26, 2016 — Today, the Standard-Times in New Bedford, Mass., the highest grossing seaport in the country, dedicated its opinion section to the issue of marine monuments designated by executive authority under the Antiquities Act. This was done in conjunction with today’s announcement that President Obama will quadruple the size of the Papahanaumokuakea Marine National Monument off the coast of Hawaii.

In its editorial, the Standard-Times noted that a monument designation off the coast of New England “lacks checks and balances that would deliver a better policy” and that environmental groups have pushed for a monument in secret “in order to gain an advantage over industry and other stakeholders.” 

Together with today’s editorial, the Standard-Times published letters to the White House by two coastal mayors, Jon Mitchell from New Bedford and Clyde Roberson from Monterey, Calif., questioning the efficacy of offshore monument designations and asking for a more transparent process. The following is excerpted from the Standard-Times’ editorial:

The National Park Service was established 100 years ago when President Woodrow Wilson signed the National Park Service Organic Act.

The 84 million acres under the NPS is a treasure that belongs to all of us, and we applaud efforts to expand the protection of our natural resources, but we also recognize some such efforts go too far, including in the push to establish a national monument off the New England coast.

The Canyons and Seamounts are indeed precious resources, but the scope and the current process being advanced by environmental organizations lack checks and balances that would deliver a better policy.

New Bedford Mayor Jon Mitchell last week sent a letter to the acting director of the Council for Environmental Quality, a White House agency that advises the president on such issues, noting the push for the seamounts monument has kept stakeholders from participating in the process.

Indeed, we have previously reported on efforts by environmentalists to keep their advocacy for the monument designation a secret in order to gain an advantage over industry and other stakeholders.

The president did not go along with the environmentalists last fall, and it is our fervent hope that if he isn’t advised by CEQ to pursue the more open process, the duty to represent and hear all stakeholders will prevail.

See today’s opinion page in the New Bedford Standard-Times

Read the full editorial at the New Bedford Standard-Times

Read Mayor Jon Mitchell’s full letter here

Read Mayor Clyde Roberson’s full letter here

Fishing industry fears Obama’s power over coastal waters

August 25, 2016 — The prospect that President Barack Obama could designate as marine monuments areas off the Massachusetts and California coasts is being met with resistance from various fishing groups and port-town mayors. If Obama uses his authority under the Antiquities Act to name as federal monuments the New England Coral Canyons and Seamounts, and many of the seamounts, ridges and banks off California’s coast, commercial fishing would be significantly restricted and the viability of two of the country’s most important fishing ports would be threatened — Monterey, Calif., and New Bedford, Mass., (the nation’s highest-grossing fishing port), the mayors of those ports argued in letters to the White House on Wednesday.

The mayors — Jon Mitchell of New Bedford and Clyde Roberson of Monterey — and industry groups, like the National Coalition for Fishing Communities, also argue such actions would sidestep the fishery management system overseen by the National Oceanic and Atmospheric Administration, which makes decisions based on scientific analysis and public input to ensure the sustainability of seafood stocks.

Read the full story at POLITICO

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

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