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Trump administration seeks dismissal of Northeast Canyons and Seamounts monument lawsuit

April 19, 2018 — Despite its willingness to review the designations made by its predecessor, the Trump Administration is at least defending former President Obama’s ability to create national monuments. That’s according to a filing in federal court earlier this week.

Jeffrey H. Wood, acting assistant attorney general for the environment and natural resources division, entered a motion on 16 April to dismiss a lawsuit filed last year by the Massachusetts Lobstermen’s Association. The Lobstermen and other fishing groups filed the suit in response to the Obama Administration designating the Northeast Canyons and Seamounts Marine National Monument in September 2016.

The Northeast Canyons was the first national marine monument in the Atlantic Ocean, and with that designation, commercial fishing – with certain exclusions for red crab and lobster fishing – is not permitted in the nearly 5,000-square-mile area. Crab and lobster fishing would continue until a seven-year permit expires.

Last year, Trump ordered Interior Secretary Ryan Zinke to review the monuments, which were created under the Antiquities Act. While Zinke has not recommended removing any designation for marine monuments, he has encouraged Trump to open monuments for more commercial fishing opportunities.

Read the full story at Seafood Source

 

Bullard’s right whale challenge angers lobstermen

April 4, 2018 — In January, on his way out the door of NOAA Fisheries and into retirement, former Regional Administrator John K. Bullard didn’t hesitate when asked for the most critical management issue facing the federal fisheries regulator.

Clearly, he said, it is the desperate plight of the North Atlantic right whales.

Bullard may have left behind the daily responsibilities of running the Greater Atlantic Regional Fisheries Office, but he took his bully pulpit with him.

On Monday, he published an op-ed piece in the Boston Globe challenging the U.S. commercial lobster industry — predominately based in Maine and Massachusetts, where Gloucester and Rockport are the top ports — to take the lead in trying to head off the extinction of the North Atlantic right whales.

“The $669 million lobster industry must assume a leadership role in solving a problem that it bears significant responsibility for creating,” Bullard wrote in his piece. “Entanglements occur in other fixed-gear fisheries, but the number of lobster trawls in the ocean swamps other fisheries.”

While he also carved out a role for scientists, non-governmental organizations and fishery managers in the hunt for solutions, Bullard’s emphasis on the lobster industry did not sit well with local lobstermen, who believed their industry was being singled out.

“Most of what I have to say you probably couldn’t print,” said longtime lobsterman Johnny “Doc” Herrick, who ties up his Dog & I at the Everett R. Jodrey State Fish Pier. “We’ve done everything that they’ve asked us to do.”

“And then some,” said Scott McPhail, the skipper of the Black & Gold lobster boat, which also docks at the state fish pier. “They won’t be happy until we have to drop and haul all our gear out of the water at the end of every day we fish.”

‘Canada needs to get on board’

Beth Casoni, executive director of the Massachusetts Lobstermen’s Association, said her membership continues to be concerned that the focus for solving the North Atlantic right whale crisis is zeroed in on the lobster industry.

“We feel like we’re continually in the cross-hairs,” she said.

Casoni and lobstermen cited, as examples of the industry’s cooperation, existing modifications to gear and area closures. They spoke of the lobstermen’s role in joint research projects and of a fishery that prides itself on self-regulation, where cheating often is dealt with in camera among the boats.

They also pointed out that the majority of whale mortalities are the product of ship strikes and that 12 of the 17 North Atlantic right whale deaths in 2017 occurred in Canadian waters.

Read the full story at the Gloucester Times

 

Atlantic marine monument suit can move forward

March 30, 2018 — Fishing organizations are set to proceed with their suit against the federal government to reopen fishing grounds in New England.

President Obama established the Northeast Canyons and Seamounts National Marine Monument, which included a blanket commercial fishing ban in an area that was already closed to some gear types under the New England Fishery Management Council’s jurisdiction.

The lawsuit has been held up since April 2017 by a Trump administration review of several national monuments created under the Obama administration. Recent filings at the U.S. District Court for the District of Columbia say the hold was lifted in mid-March.

The lawsuit argues that Obama never had the authority to establish the monument under the the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government,” as the act stipulates.

In December, Interior Secretary Ryan Zinke recommended making changes to marine national monument policies and proposed shifting the responsibility for controlling fishing within the monument to the regional fishery management councils.

“No president should use the authority under the act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the objects,” wrote Zinke in his recommendation.

Since Zinke’s official recommendations, no public action has been taken by the administration to address his statement.

Fishing industry leaders involved with the suit are ready to pick up where they left off.

“The Massachusetts Lobstermen’s Association is optimistically encouraged, given the forward movement of the lawsuit,” said Beth Casoni, executive director of The Massachusetts Lobstermen’s Association. “We are hopeful to regain the fishing grounds that were taken away from the fleet and to set a legal precedent through the court that will prevent any further draconian actions against the fleet.”

While lobster and deep-sea red crab fisheries were granted a 7-year grandfather period, all other commercial fishing was banned when the 5,000-square-mile monument was established in order to protect deep-sea corals and vulnerable species like North Atlantic right whales.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” Jon Williams, a New Bedford, Mass., crabber and a member of plaintiff group Offshore Lobstermen’s Association told the Associated Press.

Read the full story at National Fisherman

 

Opponents, supporters react to Trump’s offshore drilling plan

February 6, 2018 — Environmentalists, fishermen, and state governments are signaling their opposition to the Trump administration’s proposed plan to reopen the ocean off Cape Cod and New England to oil and gas exploration.

“We are skeptical of anything the Trump Administration is doing in the marine environment or anything they are proposing to do,” said Conservation Law Foundation Vice President Priscilla Brooks.

A 2016 Bureau of Ocean Energy Management report estimated nearly 90 billion barrels of recoverable oil and 327 trillion tons of natural gas existed in mostly unexplored areas of the U.S. continental shelf. The new push for fossil fuel exploration and recovery was announced Jan. 4 with the unveiling of the Bureau of Ocean Energy Management’s Draft Five Year Outer Continental Shelf Oil and Gas Leasing Program. It is part of President Donald Trump’s campaign pledge to make the U.S. more energy independent.

Currently, offshore fossil fuel exploration is controlled by a BOEM plan finalized near the end of the Obama presidency. Obama invoked a 1953 law, the Outer Continental Shelf Lands Act, to give what he said would be permanent protection from drilling to the continental shelf from Virginia to Maine.

But there were doubts that Obama’s use of the 1953 law would hold up in court, and the new plan is meant to replace the current one. International Association of Drilling Contractors President Jason McFarland hailed the inclusion of the Atlantic, Pacific, Arctic and an expansion of Gulf of Mexico drilling areas as an important step in achieving the goal of U.S. energy dominance in the world.

“IADC has long argued for access to areas that hold potential for oil and gas development,” McFarland wrote in comments last month, citing a U.S. Energy Information Administration estimate of a 48 percent growth in worldwide energy demand over the next 20 years. “The number and scale of the recoverable resources is large, and can lead to thousands of new jobs and billions of dollars in investment.”

But the Massachusetts Lobstermen’s Association and the various fishermen’s associations have panned the proposal. Last week, the New England Fishery Management Council approved a comment letter to BOEM that requested Mid-Atlantic and Northern Atlantic lease areas be excluded from the exploration and drilling.

Read the full story at the Cape Cod Times

 

Attorneys general urge offshore drilling plan’s cancellation

February 2, 2018 — The top lawyers for a dozen coastal states want the U.S. Interior Department to cancel the Trump administration’s plan to expand offshore drilling, warning it threatens their maritime economies and natural resources.

Massachusetts Attorney General Maura Healey and her fellow attorneys general, all Democrats, wrote Interior Secretary Ryan Zinke on Thursday about his agency’s proposed five-year oil and gas leasing plan that opens new ocean waters.

“Not only does this irresponsible and careless plan put our state’s jobs and environment at risk, but it shows utter disregard for the will and voices of thousands of local businesses and fishing families,” said Healey in a prepared statement. “My colleagues and I will continue to fight this plan.”

Healey first announced her opposition to the plan in an August 2017 letter to Department’s Bureau of Ocean Energy Management. The Northeast Seafood Coalition and the Massachusetts Lobstermen’s Association agreed with her that the Interior Department’s plan to expand offshore drilling threatens Massachusetts’ $7.3 billion commercial fishing industry — the third largest in the country — and more than 240,000 jobs in the state.

The plan also could devastate the state’s robust recreation and tourism industries, according to Healey, as well harm the state’s coastal environment and protected endangered species, including the Northern Right Whale, which feeds in the waters off of Cape Cod and Nantucket, according to the comment letter. There are only about 460 critically endangered Northern Right Whales remaining worldwide.

Read the full story at the Gloucester Times

 

First dead right whale of 2018 found off Virginia

January 26, 2018 — A whale carcass tangled in fishing line that was reported off Virginia Monday is confirmed as the first documented death of a North Atlantic right whale this year, according to the National Oceanic and Atmospheric Administration.

The imperiled right whales, which lost nearly 4 percent of their total population last year in Canadian and U.S. waters, and with only five documented births, faces significant man-made threats from both fishing gear and ship strikes, according to researchers.

“This isn’t just a crisis, this is a countdown to extinction,” said Regina Asmutis-Silvia, executive director of Whale and Dolphin Conservation, which has an office in Plymouth.

A stranding response team with the Virginia Aquarium received notice and a photo of the carcass Wednesday, at which point the whale was identified as a North Atlantic right whale that appeared to show it was was alive and swimming when it ran into the line.

Entanglements of whales in ropes prevents them from surfacing for air, leading to drowning, or creates a drag that hampers feeding, movement and reproduction, and reduces energy stores, according to scientists.

NOAA requested a drift analysis from the Coast Guard to determine where the carcass might be, and to determine if it can be towed to shore for a necropsy.

The sex and identify of the dead whale has not be determined.

“Disaster, depressing,” said Charles “Stormy” Mayo, who directs right whale research at the Center for Coastal Studies in Provincetown, said of the latest whale carcass. “These are our whales, the humans who live along the Gulf of Maine. We are obviously not doing a very good job as stewards. Something’s got to change soon.”

In addition to a voluntary ship slow-down announced this week for 30 miles south of Nantucket, NOAA announced Thursday another voluntary slow-down 100 miles east-southeast of Virginia Beach, where a U.S. military ship crew had seen the carcass and four other live right whales.

Read the full story at the Cape Cod Times

 

Study: Warming Gulf of Maine endangering lobster stock

January 24, 2018 — Is the lobster boom on the decline in the Gulf of Maine because of warming waters? A newly released study by a Maine-based marine research group suggests that is the case.

The study, released Monday by the Gulf of Maine Research Institute, touched on many of the same climate issues that have left researchers and lobster stakeholders anxious about the future.

“In the Gulf of Maine, the lobster fishery is vulnerable to future temperature increases,” GMRI said in the statement released with the study. “The researchers’ population projections suggest that lobster productivity will decrease as temperatures continue to warm, but continued conservation efforts can mitigate the impacts of future warming.”

The study, compiled with the University of Maine and NOAA Fisheries, said the anticipated decline highlights the need for vigilant conservation within the Gulf of Maine lobster fishery, especially since scientists say the gulf’s waters are warming faster than 99 percent of the rest of the world’s oceans.

Researchers said they expect the lobster population to decline from recent highs — GMRI pegs the peak year at 2010, when it estimated the Gulf of Maine lobster stock contained 518 million lobsters — to levels more in keeping with traditional lobstering years.

It estimates the population could shrink to about 261 million lobsters in 2050.

“The 30-year outlook for the Gulf of Maine fishery looks positive if conservation practices continue,” GMRI said. “In their 30-year projection, the researchers anticipate average populations similar to those in the early 2000s.”

Beth Casoni, executive director of the Massachusetts Lobstermen’s Association, said lobster stock assessments in the Gulf of Maine have shown the annual settlement of young lobsters — when they transition from floating in open waters as plankton to settling on the bottom to begin the seven- to eight-year stretch it requires to mature — has declined from previous assessments.

Read the full story at the Gloucester Times

 

Massachusetts: Frozen lobstermen face additional winter challenges

January 4, 2018 — MARSHFIELD, Mass. — With inches of ice covering the harbor and no end of severe winter weather in site, local lobstermen are struggling to keep their boats in the water during the last month of the legal lobstering season. Tuesday and Wednesday saw captains breaking up ice surrounding their boats and trying to move their vessels to safer locations before a storm pummels the region today.

Tuesday and Wednesday saw captains breaking up ice surrounding their boats and trying to move their vessels to safer locations before a storm pummels the region today.

“There are so many dependencies here in this business,” president of the South Shore Lobster Fishermen’s Association John Haviland said. “When everything goes smoothly it’s wonderful, but when everything doesn’t – there is nothing I can do. I have no control over winds blowing 60 mph, and I have no control over 3 inches of ice in my harbor.”

A week of single-digit temperatures has left Scituate and Plymouth harbors coated in a thick layer of ice, and most commercial fishermen have moved their boats to Green Harbor, where freezing hasn’t been as significant.

Read the full story at the Patriot Ledger

 

Sanfilippo resigns from fisheries commission

December 19, 2017 — Longtime Gloucester fisherman Gus Sanfilippo has resigned from the state’s Marine Fisheries Advisory Commission, leaving Arthur “Sooky” Sawyer as the only Gloucester resident on the commission.

Sanfilippo, appointed to the commission in May 2016 as part of Gov. Charlie Baker’s wholesale purge of existing commission members, said he resigned so he could spend more time fishing.

“I just didn’t have the time now that I’m back fishing again,” said Sanfilippo, who has been working on the fishing vessel Miss Trish. “I found it really interesting, but it was really just a matter of not having the time.”

Sanfilippo said his time on the commission gave him a greater appreciation for the complexities of the state’s varied fisheries and the overall performance of the state’s Division of Marine Fisheries.

“It’s something I’d definitely do again if I have the time,” he said.

Sanfilippo hails from an established Gloucester fishing family and skippered the 80-foot F/V Lily Jean on the History Channel’s 2012 fishing mini-series, “Nor’easter Men,’ a three-hour documentary that focused on draggers from several New England ports.

Read the full story at the Gloucester Times 

 

Fight Over New England Marine Monument Continues

November 27, 2017 — On April 26, President Donald Trump ordered a review of two dozen national monuments created or expanded since 1996, which includes the Northeast Canyons and Seamounts that was created in the last days of the Obama administration. The monument, the first of its kind in the Atlantic Ocean, bans fishing, and oil, gas and mineral exploration within its boundaries.

In September, Interior Secretary Ryan Zinke recommended to Trump that the monument, located about 130 miles southeast of Cape Cod, be opened to commercial fishing. Zinke’s memo stated that instead of prohibiting commercial fishing, the government should allow it in the area under the Magnuson-Stevens Fishery Conservation and Management Act, which is the primary law governing the United States’ marine fisheries and meant to prevent overfishing and guarantee a safe source of seafood.

Conservationists opposed Zinke’s recommendation, while fishing groups supported it.

“They act like this area is all pristine and never touched,” said Massachusetts Lobstermen’s Association President Arthur “Sooky” Sawyer of the current protections. “Lobstermen have been fishing in those areas for the last 50-plus years with no negative effect on the marine species.”

The association is one of a handful of commercial fishing groups in an ongoing lawsuit that claims the Antiquities Act of 1906 only allows the president to create or expand monuments on land, not in the marine environment as Obama did.

Read the full story at the Cape Cod Times

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