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WESTPAC Calls For End To Monument, Sanctuary Fishing Restrictions

June 14, 2017 — The Western Pacific Regional Fishery Management Council has requested that the federal government consider reviewing the continued need for existing monument and sanctuary fishing restrictions, given the availability of federal regulations which manage fisheries in the US Pacific Islands.

The request was made in a recent letter signed by Council Chairman Edwin A. Ebisui Jr., and Council Executive Director Kitty M. Simonds to US Secretary of Commerce, Wilbur L. Ross, with copies of the letter sent to President Trump, leaders of two federal departments, and Governors of American Samoa, Guam, and the Northern Mariana Islands.

The letter claims that the establishment of National Marine Sanctuaries and Marine National Monuments (MNM), under the National Marine Sanctuaries Act (NMSA) and the Antiquities Act, “are being hard-pressed by environmental activist groups to displace processes” under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) “that provide for the sustainable use of fishery resources while conserving vital marine resources.”

Read the full story at the Pacific Islands Report

PETER H. FLOURNOY: Benefits of Antiquities Act Don’t Extend to Marine Monuments

April 4, 2017 — The following was written by Peter H. Flournoy, a representative of the Western Fishboat Owners’ Association, in response to a March 31 op-ed in the New York Times:

I have represented U.S. commercial fishermen for about 35 years, primarily working in the Pacific Ocean. I believe the primary concern of Republicans and Democrats who oppose the Act stems from where the Antiquities Act has been used, primarily by Presidents Bush and Obama, to close large areas of the ocean on both coasts to U.S. fishermen. Sometimes the expressed rationale is to protect the ocean bottom or coral reefs in certain areas, however, too often this also ends all surface fishing, which has no contact with the ocean floor. Traditionally U.S. fisheries are managed under the Magnuson Stevens Act. The Councils formed under this statute are the entities with the fishery management expertise. When the Antiquities Act is used, they are closed out.

While it may be that the Antiquities Act should be used for land areas, for the ocean there is the Marine Sanctuaries Act, which has a very public, transparent, and inclusive process.

In your opinion piece you also frequently used the number of tourists who visit the national parks which have grown from Antiquities Act set asides. I doubt I could count more than a hundred visitors to the marine protected areas which have been established. These visitors are not your common middle class citizen that finds pleasure in taking his family to view nature’s majesty at minimum expense. The only people that can enjoy the marine sanctuaries that have been set up under the Antiquities Act are those rich enough to own cabin cruisers or dedicated sufficiently to enjoy the expensive sport of scuba diving.

I hope the next time you lecture your classes on the Antiquities Act you might mention some of the above concerns.

Fishery Managers Voice Marine Monument Concerns to Trump

March 30, 2017 — PORTLAND, Maine — The leaders of eight regional councils that manage fisheries are reaching out to President Donald Trump to express concern over the creation of marine monuments, such as one in the ocean off of New England.

President Barack Obama created the Northeast Canyons and Seamounts Marine National Monument last year. It’s made up of nearly 5,000 square miles of habitat, and is very unpopular with many commercial fishermen.

Read the full story from the Associated Press at Maine Public

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

Feds to Reopen Papahanaumokuakea to Fishing?

March 27, 2017 — The following was released by the Western Pacific Regional Management Council: 

The Western Pacific Regional Fishery Management Council concluded its three-day meeting in Honolulu with a suite of recommendations, many of which are focused on keeping U.S. fishing grounds open to sustainably managed U.S. fisheries.

The council includes the local fishery department directors from Hawaii, American Samoa, Guam and the CNMI, fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.

Marine national monuments, national marine sanctuaries, other marine protected area designations and Department of Defense training are among the uses that are increasingly closing off fishing grounds in U.S. waters.

Council Chair Edwin A. Ebisui Jr. clarified that council communications to the administration about impacts of marine national monuments on fisheries are not lobbying.

Some environmental activists recently made misleading statements about this in regards to a letter to President Trump prepared on March 1, 2017, by the Council Coordination Committee or CCC. The CCC includes the chairs of the nation’s eight regional fishery management councils. The letter details the impact of designations of Marine National Monuments under the Antiquities Act in the Atlantic and Pacific Oceans and was submitted to the president after conferring with the NOAA Office of General Counsel.

Read the full story at The Hawai’i Free Press 

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.

American Samoa Congresswomen Asks President Trump To Remove Fishing Prohibitions

March 9, 2017 — U.S President Donald Trump has been asked to remove all marine monument fishing prohibitions and reinstate fisheries management in accordance with federal law.

The request, made yesterday in a two-page letter by US Rep. Rob Bishop, chairman of the House Committee on Natural Resources and American Samoa’s Congresswoman Aumua Amata, says prohibitions on commercial fishing in waters around marine monuments have impacted US fishing fleet as well as one cannery operation in Pago Pago.

“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,” the letter from the Republican lawmakers point out.

Read the full story at the Pacific Islands Report

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