Magnuson-Stevens Act Archives - Page 37 of 45

Northeast Fishing Groups Question Legality of Antiquities Act in Monument Designation

September 14, 2016 (NCFC) — In a letter today to Christy Goldfuss, Managing Director of the White House Council on Environmental Quality, representatives of the Atlantic offshore lobster, red crab, squid, and whiting fisheries challenged the legality of the use of the Antiquities Act in the declaration of a new marine monument off the coast of New England.

I. THE ANTIQUITIES ACT DOES NOT ALLOW FOR MARINE MONUMENT DESIGNATION IN THE EXCLUSIVE ECONOMIC ZONE

The letter, which was authored by attorneys from law firm Kelley Drye & Warren, representing the fisheries, argued the President’s use of the Antiquities Act to declare new marine monuments in the United States’ exclusive economic zone (EEZ) is “an illegal and illegitimate use of presidential authority.” The letter specifically notes the legal contradiction between the applicability of the Antiquities Act – passed in 1906 – and the EEZ, which was not established until 1976.

“The Antiquities Act did not apply to areas to which Congress staked its MSA [Magnuson-Stevens Act]-based claims, moreover, because the United States had never claimed any right or authority to manage the area for fisheries, natural resource protection, or anything else, prior to 1976”, the letter states. “Indeed, the MSA provides that it is “to maintain without change the existing territorial or other ocean jurisdiction of the United States for all purposes other than the conservation and management of fishery resources.”

II. FISHERIES ARE BEST MANAGED UNDER THE MSA

According to the letter, fisheries should instead be managed under the process established by the Magnuson-Stevens Act, particularly the successful marine conservation efforts undertaken by the New England and Mid-Atlantic Fishery Management Councils. The councils are required to operate according to science-based management.

“The MSA requires decisions to be made based on the best scientific information available,” the letter states. “In complete and total contrast, the monument ultimately designated in the Atlantic was largely the result of a series of political compromises layered with a thin veneer of public outreach.”

III. THE PROPOSAL IS NOT NARROWLY TAILORED AS REQUIRED UNDER THE ANTIQUITIES ACT

Finally, existing federal law requires monuments to be as tightly confined to the area necessary to accomplish their objectives as possible. The letter states this is not the case for the proposed monument in the Atlantic.
“The proposal for a monument designation in the Northwest Atlantic canyons is not narrowly tailored to achieve its objectives,” the attorneys wrote. “Unlike the deliberative, scientifically- based fishery management council activities to protect habitat based on the presence of or suitability for corals, a restricted fishing area based solely on geographic location and depth contour is neither narrowly tailored, nor practically defensible.”

For further information or to arrange interviews with any of the fishermen mentioned in the letter, please contact NCFC Executive Director Bob Vanasse at bob@savingseafood.org.

Read the full letter here

Majority of US Seafood Producers Call to Stop Undermining Magnuson with End Run for Marine Monuments

September 13, 2016 — WASHINGTON — SEAFOOD NEWS — The US has one of the most highly successful systems for managing living marine resources in the world. Under the Magnuson Act, stakeholders come together to determine fisheries management policy, guided by the best available science. The result has been a huge rebuilding of US fish stocks, and the protection of essential habitat. Many tradeoffs have been made to create closed areas, and to preserve fishing rights where coastal conditions support them.

The keys to this success are first, the decision process is completely open and transparent. Every argument and decision is made in open forums, and according to the best available science. This limits the ability to use fisheries resources to score political points.

Both Canada and Europe’s fisheries suffered greatly as governments for years abused their authority by trading fishing privileges for other political favors; with the result that these stocks have been significantly overfished. Only in the last few years has this process begun to be reversed.

Use of the Antiquities Act to create marine monuments, although legal, makes an end run around both state and federal management systems, and in short trades monument designations, made without public review, for political gain.

Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers. (Letter)

The letter has over 900 fishing industry signers and is supported by 35 fishing organizations that together represent a significant majority of domestic seafood producers. It urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of the past and ongoing efforts of almost everyone involved to continue to make Magnuson-Stevens management even more effective.”

The NCFC members join an ever-growing list of fishing organizations and individuals opposing new ocean monuments via use of the Antiquities Act. The Atlantic States Marine Fisheries Commission, the Council Coordination Committee, and over two dozen individual fish and seafood industry trade organizations have previously written to the White House asking for the MSA continue to guide fisheries management.

Mayors from major East and West coast ports have previously expressed their concerns with monument designations in letters to the White House. NCFC members have also spoke out in opposition to designating a monument off the coast of New England, which would hurt the valuable red crab, swordfish, tuna, and offshore lobster fisheries.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

U.S. Seafood Producers to White House: Don’t Harm Fisheries for Ocean Monuments

September 12, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — Today, in advance of the “Our Oceans” conference being held later this week at the State Department, the National Coalition for Fishing Communities (NCFC) delivered a letter to the White House calling on the President to refrain from designating new marine monuments under the Antiquities Act. Copies of the letter were also delivered to the offices of Senators representing the states of the signers.

The letter, with over 900 fishing industry signers and supported by 35 fishing organizations that represent the majority of domestic seafood harvesters, instead urges the President to conserve marine resources through the federal fisheries management process established by the bipartisan Magnuson-Stevens Fisheries Management Act (MSA).

“The federal fisheries management process is among the most effective systems for managing living marine resources in the world,” the letter states. “The misuse of the Antiquities Act to create a marine monument is a repudiation of past and ongoing efforts to make Magnuson-Stevens management even more effective.”

Today’s letter was signed by the following fishing organizations:

Alaska Bering Sea Crabbers
American Scallop Association
American Albacore Fisheries Association
At-Sea Processors Association
Atlantic Bluefin Tuna Association
Atlantic Offshore Lobstermen’s Association
California Fisheries and Seafood Institute
California Lobster & Trap Fishermen’s Association
California Sea Urchin Commission
California Wetfish Producers Association
Coalition of Coastal Fisheries
Coos Bay Trawlers
Directed Sustainable Fisheries
Fisheries Survival Fund
Fishermen’s Dock Co-Op
Garden State Seafood Association
Golden King Crab Coalition
Groundfish Forum
Hawaii Longline Association
Long Island Commercial Fishing Association
Midwater Trawlers Cooperative
National Fisheries Institute
North Carolina Fisheries Association
Oregon Trawl Commission
Organized Fishermen of Florida
Pacific Coast Federation of Fishermen’s Associations
Pacific Seafood Processors Association
Pacific Whiting Conservation Cooperative
Southeastern Fisheries Association
Sustainable Fisheries Coalition
United Catcher Boats
Ventura County Commercial Fishermen’s Association
Washington Trollers Association
West Coast Seafood Processors Association
Western Fishboat Owners Association

Read the letter here

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

Battle over Cashes Ledge continues between fishermen, environmentalists

August 29, 2016 — Despite the Obama administration’s declaration that Cashes Ledge has been taken off the table as a possible location for a marine national monument, the divisive issue of the monuments continues to percolate nationally between fishermen and conservationists.

From Hawaii to New England, the lines are clearly drawn.

Conservation groups have sustained a steady lobbying campaign to convince President Obama to employ the Antiquities Act to create new marine national monuments in the waters around Cashes Ledge, about 80 miles off Gloucester, and the seamounts off southern New England and Monterey, California.

On Friday, Obama ended a contentious process in the Pacific Ocean when he expanded an existing marine national monument area in the northwest Hawaiian Islands to create the largest protected area on Earth — 582,578 square miles.

Fishing stakeholders and fishing communities have countered with their own public campaign that sharply criticizes the collateral impact of closing more areas to commercial and recreational fishing, as well as the method of using the Antiquities Act as an end-run around the Magnuson-Stevens Fishery Conservation Act.

“The Antiquities Act does not require transparency or a robust analysis of the science,” the Gloucester-based Northeast Seafood Coalition said in a statement. “It does not require any socioeconomic considerations be taken into account. No process is required other than an executive action by the president of the United States.”

The coalition and others, including several members of the Massachusetts congressional delegation and Gov. Charlie Baker, have tried to drive home the point that the current system of federal ocean management requires fishing businesses and communities to follow the established and intricate regulatory procedures established under Magnuson-Stevens.

To allow the creation of marine national monuments by what amounts to presidential fiat, they say, is unfair to those who have operated under the established rules and makes a mockery of Magnuson-Stevens.

“The New England Fishery Management Council is in charge of carrying out this requirement in our region,” the NSC said. “Last year, the council approved Omnibus Habitat Amendment 2 and is presently working on an Omnibus Deep Coral Amendment. These areas include the very areas now proposed and under consideration for a national monument.”

Read the full story at the Gloucester Times

Sea to Table: There are plenty of fish in the sea

August 17, 2016 — Overfishing and illegal behavior in the seafood trade is a serious issue in many fisheries around the world. A recent study found that the annual global catch was roughly 30 percent higher than reported in 2010. This means that approximately 109 billion metric tons of fish go unreported each year.

In the United States, the picture is a lot brighter. Thanks to the Manguson-Stevens Fisheries Conservation and Management Act that went into effect in 1976, many fisheries in the U.S. have been rebuilt over the past 40 years. As of 2015, 84 percent of federally managed stocks were not on the overfished list, indicating that the population sizes are at sustainable levels.

The problem? “Over 90 percent of all seafood consumed in the U.S. comes from outside the U.S.,” says Michael Dimin, the founding director of Sea to Table. “The U.S. has the world’s largest fisheries, we have the largest exclusive economic zone in the world, and we have the best-managed fisheries, yet we only want to buy cheap fish.”

Dimin’s business, Sea to Table, is working with chefs across the country to address this dichotomy. The concept is inherently simple: Sea to Table passes fish from the nets of fishermen directly to the hands of chefs and diners. Fish that land on a dock anywhere in the U.S. can arrive at a kitchen the next day. Making the logistics work is a little more complicated.

The Sea to Table team has spent years cultivating personal relationships with small-scale fishermen to provide a lucrative market for their wild, domestic, responsibly caught fish. “The seafood supply chain is kind of long and opaque and doesn’t really create value so much for fishermen, but creates value for the middle of the chain,” Dimin explains. “We thought it would be a good idea to figure out how to get a little better market for fishermen, and to get better quality fish to diners.”

Read the full story at DC Refined

Rick Robins Receives MAFMC Award of Excellence

August 17, 2016 — The following was released by the Mid-Atlantic Fishery Management Council:

VIRGINIA BEACH, Va. — Last week the Mid-Atlantic Fishery Management Council presented its outgoing chairman, Richard B. Robins, Jr., with the first MAFMC Award of Excellence. The award was presented to Robins for his distinguished service to the Council and outstanding contribution to the conservation and management of our nation’s marine fisheries resources.

Robins was appointed to the Council in 2007 and was elected as Chairman the following year. During his 8-year tenure as chairman, Robins led the Council in the development of more than 25 amendments, 17 frameworks, numerous specifications for the Council’s managed species, and a number of other major projects. He also served on the Council Coordination Committee and the Northeast Region Coordinating Council, represented the Council at New England Council meetings, attended and participated in numerous workshops and committees, and served as the Council representative at various meetings around the world.

“Rick Robins has demonstrated exemplary leadership as chairman of the Council,” said Chris Moore, Executive Director of the Council. “His chairmanship has been defined by an unwavering commitment to the sustainability of Mid-Atlantic fisheries and his tireless efforts to develop innovative approaches to the complex challenges of marine fisheries management.”

One of Robins’ most notable accomplishments was leading the Council through a visioning and strategic planning process. He advocated for the development of a “stakeholder-driven” plan, which was achieved through a large-scale outreach effort in which more than 1,500 stakeholders provided input on the future of Mid-Atlantic fisheries. This process culminated in 2014 with the implementation of the Council’s first-ever strategic plan.

Under his leadership, the Mid-Atlantic Council became the first of the eight regional fishery management councils to utilize the discretionary provisions of the Magnuson-Stevens Act to designate areas of protection for deep sea corals. The Council’s Deep Sea Corals Amendment established a nearly 38,000 square-mile area in which deep sea coral will be protected from the impacts of fishing gear.

Robins also demonstrated particular leadership in the Council’s effort to transition to a more ecosystem-based approach to fisheries management. At his final meeting as chairman, the Council approved a guidance document to facilitate the transition to an ecosystem approach to fisheries management (EAFM). This document lays out a framework for the Council to coordinate ecosystem considerations across Mid-Atlantic fishery management plans (FMPs). During the same meeting, the Council approved an amendment to protect more than 50 species of unmanaged forage fish in the Mid-Atlantic.

D.B. PLESCHNER: Monument proposal would devastate California’s fishing industry

August 15, 2016 — The following is excerpted from an opinion piece written by D.B. Pleschner, executive director of the California Wetfish Producers Association. It was published today in the Sacramento Bee:

California’s fisheries provide healthy, sustainable food, but that could change under a dangerous new proposal being circulated, until recently, behind closed doors at the Legislature.

California’s fishing community – more than 40 harbors, chambers of commerce, seafood processors and recreational and commercial fishing groups – has united to oppose the proposal to declare virtually all offshore seamounts, ridges and banks off the coast as monuments under the Antiquities Act and permanently close these areas to commercial fishing.

After pursuing rumors, fisheries groups discovered the proposal, along with a sign-on letter encouraging legislative support. But no one bothered to seek any input from recreational and commercial fishermen. Even worse, there has been no scientific review or economic analysis, no public participation and no transparency.

The areas identified in the proposal are indeed special places, rich in marine life and valuable corals, sponges and structures. The seamounts and banks are also very important for fisheries.

Tuna, swordfish, rockfish, spiny lobster, sea urchins, white sea bass and species including mackerels, bonito and market squid are all sustainably fished in Southern and Central California. And in Northern California, albacore tuna and other species provide opportunities to fishermen who, for the past few seasons, have been unable to rely on Chinook salmon and Dungeness crab.

These areas do deserve protection. But policies for protecting resources in federal waters exist under the federal Magnuson-Stevens Fishery Conservation and Management Act and other bipartisan laws, such as the Marine Mammal Protection Act and Endangered Species Act, which require science-based, peer-reviewed analysis conducted in a fully public and transparent process.

Read the full opinion piece at the Sacramento Bee

NOAA Fisheries releases final acoustic guidance

August 8, 2016 — The following was released by NOAA Fisheries:

NOAA Fisheries has released final guidance to help predict how human-made underwater sounds affect marine mammal hearing.

Sound is critical to the survival of marine mammals. It is a primary means of marine mammal communication, orientation and navigation, finding food, avoiding predators, and mate selection.

NOAA will use the guidance in its assessments and authorizations of activities that generate underwater sound. The guidance also allows federal agencies, industries, and other applicants to more accurately predict effects of their proposed projects and help inform decisions about appropriate mitigation and monitoring. NOAA Fisheries also created online tools to help applicants use the new guidance.

“We recognize that growing levels of ocean noise are affecting marine animals and their habitats in complex ways,” said Eileen Sobeck, assistant NOAA administrator for fisheries. “The guidance is one part of NOAA’s holistic approach to addressing effects of ocean noise on marine life.”

NOAA’s authorities to address the effects of ocean noise on marine resources fall primarily under the Marine Mammal Protection Act, Endangered Species Act, National Marine Sanctuaries Act, and Magnuson-Stevens Fisheries Conservation Act. These authorities allow NOAA to recommend or require mitigation in order to reduce or eliminate their predicted noise impacts to species and the places they rely on. NOAA shares this responsibility with a number of other federal agencies.

NOAA released its a broader draft Ocean Noise Strategy Roadmap less than two months ago. The technical document is one example of a step the agency is taking to address increasing levels of ocean noise.

New England Fishing Groups Oppose Use of Antiquities Act for Atlantic Marine Monument as Requested by Connecticut Lawmakers

August 4, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON (NCFC) – August 4, 2016 – Led by Sen. Richard Blumenthal, the Connecticut Congressional Delegation today asked President Obama to use executive authority under the Antiquities Act to designate the New England Coral Canyons and Seamounts as a Marine National Monument. The Connecticut Congressional Delegation is comprised of Sen. Blumenthal, Sen. Chris Murphy, Rep. John Larson, Rep. Joe Courtney, Rep. Rosa DeLauro, Rep. Jim Himes, and Rep. Elizabeth Esty.

Members of the National Coalition for Fishing Communities (NCFC) have previously expressed opposition to the misuse of the Antiquities Act to designate an Atlantic Marine Monument. A monument designation would subvert the open and transparent process for fisheries management currently in place under the Magnuson-Stevens Act, and threatens the jobs and livelihoods of hardworking fishermen.

Below are statements from NCFC members on their opposition to an Atlantic Marine Monument designation.

David Frulla and Andrew Minkiewicz, Fisheries Survival Fund (Atlantic Scallops):

“A monument designation, with its unilateral implementation and opaque process, is the exact opposite of the fisheries management process in which we participate. Public areas and public resources should be managed in an open and transparent manner, not an imperial stroke of the pen.”

Jon Williams, New England Red Crab Harvesters’ Association:

“The red crab fishing business I’ve been operating for twenty years is active in some of the areas under the proposal. Not only has our fishery complied with every regulation, but we have expended significant resources and time to ensure the health of the resource we fish. These efforts to both understand and minimize our impact on the environment have been so successful that after forty years of red crab fishing, our fishing grounds are described as ‘pristine’ by the same environmental groups who seek the monument designation. If these habitats are still ‘pristine’ after forty years of fishing, how can a serious argument be made that the area is in imminent danger and in need of immediate, unilateral protection by presidential fiat?”

Greg DiDomenico, Garden State Seafood Association:

“The Antiquities Act was perhaps a necessary tool to protect sensitive areas in 1906, but with our increased technological capabilities, knowledge, and an all-encompassing regulatory system, it is an unnecessary and blunt tool for 2016. It is time that the years of on-the-water experience possessed by the commercial fishing industry be acknowledged, especially in the context of this issue.”

Richard P. Ruais, American Bluefin Tuna Association:

“Given that our fishing gear has no negative impact on deep sea coral, a proposed prohibition on the fishing methods we employ would be arbitrary, completely unnecessary and would result in significant negative economic consequences.”

Statements from more NCFC members on their opposition to an Atlantic Marine Monument are available here.