Saving Seafood

New England fishermen challenge Obama’s marine national monument

March 7, 2017 — The following was released by the Pacific Legal Foundation: 

A coalition of New England fishermen organizations filed suit today over former President Barack Obama’s designation of a vast area of ocean as a national monument — a dictate that could sink commercial fishing in New England.

The organizations filing the lawsuit are the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fisherman’s Alliance, and Garden State Seafood Association.

They are represented, free of charge, by Pacific Legal Foundation, a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.

Watch this brief video

The lawsuit challenges President Obama’s September 15, 2016, creation of the Northeast Canyons and Seamounts Marine National Monument, 130 miles off the coast of Cape Cod.

“By declaring over 5,000 square miles of ocean — an area the size of Connecticut — to be a national monument, President Obama set this entire area off-limits to most fishing immediately, with what remains of fishing opportunities to be phased out over the next few years,” said PLF attorney Jonathan Wood. “This illegal, unilateral presidential action threatens economic distress for individuals and families who make their living through fishing, and for New England communities that rely on a vibrant fishing industry.”

A monumental abuse of presidential power

President Obama claimed to be relying on the federal Antiquities Act. But as today’s lawsuit makes clear, his decree far exceeded the authority granted to presidents by that 1906 statute. The Antiquities Act was enacted to protect ancient antiquities and human relics threatened by looting, giving the president broad powers to declare monuments consistent with that purpose.

However, the statute permits creation of national monuments only on “lands owned or controlled” by the federal government. Moreover, any designation must be “confined to the smallest area” needed to protect the artifacts or objects that the monument is intended to safeguard.

“President Obama violated both of those core requirements of the law when he created the Northeast Canyons and Seamounts Marine National Monument,” Wood noted. “Most fundamentally, the ocean, where the monument is located, is not ‘land,’ nor is it federally owned or controlled. The monument designation is also not confined to the smallest necessary area; on the contrary, its sprawling boundaries bear no relation to the underwater canyons and seamounts it is supposed to protect. In short, the designation of a vast area of ocean as a national monument was a blatant abuse of presidential power.

“Unfortunately, the Antiquities Act has morphed into a favorite tool for presidents to abuse,” Wood continued. “Today, presidents use it to place vast areas of federal lands off limits to productive use with little input. Monument designations are particularly common at the end of a chief executive’s term, once the president can no longer be held accountable.

“Former President Obama was the king of Antiquities Act abuse, invoking it more times than any prior president and including vastly more area within his designations than any predecessor,” said Wood. “Our lawsuit is intended to rein in abuse of the Antiquities Act and underscore that it is not a blank check allowing presidents to do whatever they want. The creation of the Northeast Canyons and Seamounts Marine National Monument is a clear example of a president exceeding his authority, and we are suing to make sure this edict is struck down and the rule of law prevails.”

No environmental justification

“Beyond its violation of the law, the monument designation also threatens to harm the environment by pushing fishermen to other, less sustainable fisheries, and increasing conflicts between their gear and whales,” said Wood. “The president’s proclamation cites protection of coral as one of the reasons for the monument. But the corals remain pristine after more than four decades of commercial fishing because fishermen know where the corals are, and carefully avoid them, out of environmental concern and because coral destroys their gear.

“Instead of punishing New England’s fishermen — and shutting down their businesses — federal officials should be acknowledging their positive role as stewards of the ocean’s environmental resources,” Wood added. “This is shown in their laudable efforts to promote sustainability. PLF’s clients, for instance, have spent years working to improve their methods and equipment and to retire excess fishing permits, knowing that these costly sacrifices will provide long-term benefits to their industry and the environment. The monument designation undermines those sustainability efforts, by depriving the fishermen of any reward for their sacrifices.”

With a ‘stroke of the pen,’ Obama’s illegal action ‘puts men and women out of work’

“We are fighting every day to keep the men and women in the commercial fishing industry working, but with one stoke of President Obama’s pen — and his abuse of the Antiquities Act — they are out of work,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

“The monument designation will have a negative rippling effect across the region as fishermen will have to search for new fishing grounds — only to find they are already being fished,” she said. “The shoreside businesses will also feel the impacts, as fishermen have to go further and further to harvest their catch, leaving less funds to reinvest in their businesses.

“We are extremely grateful to have PLF at our side as we fight back against this legal travesty, which is causing so much hardship for the commercial fishing industry here in the Northeast.”

The case is Massachusetts Lobstermen’s Association v. Ross. More information, including the complaint (see attached), a video, photos, podcast, and an explanatory blog post, is available at: www.pacificlegal.org.

Read the full legal filing here 

About Pacific Legal Foundation

Pacific Legal Foundation, America’s most powerful ally for justice, litigates in courts nationwide for limited government, property rights, individual liberty, and a balanced approach to environmental regulations. PLF represents all clients free of charge.

Regulators increase menhaden quota, which could help ease bait fish shortage

October 27, 2016 — Regulators voted Wednesday to increase the annual quota for menhaden in 2017, giving Maine lobstermen a welcome boost in the supply of a popular bait fish, but no relief for Maine fishermen who want a bigger share of the national menhaden harvest.

The Atlantic States Marine Fisheries Commission has struggled to set its quota for the oily forage fish, also known as pogey, with members split between wanting to maintain the annual menhaden catch at 187,880 metric tons and those who say the stock has rebounded enough to raise the quota.

On Wednesday, as the commission gathered for its annual meeting in Bar Harbor, the menhaden board voted 16-2 to increase the annual quota by 6.5 percent, to 200,000 metric tons, with Pennsylvania and the U.S. Fish and Wildlife Service holding out for keeping the quota unchanged.

Some member states had wanted to raise the quota by 20 percent or 40 percent, saying that government scientists believe there is no chance that even an increase of that size would lead to overfishing of the population, which appears to have rebounded after years of decline.

“Science says the stock’s in good shape,” said Bill Adler of the Massachusetts Lobstermen’s Association. “I find it difficult that we can deal with overfishing, we can do a good job of cutting things down, but then we have success and we don’t know what to do with it.”

Read the full story at the Portland Press Herald

Lobster battle over? U.S., Canada hope so

October 18th, 2016 — The remainder of the European Union may be distancing itself from Sweden’s campaign to declare American lobsters an invasive species, but the head of the Massachusetts Lobstermen’s Association isn’t yet ready to declare complete victory.

“We’re very excited about the news out of Europe that the rest of the EU doesn’t seem ready to follow Sweden’s lead,” MLA Executive Director Beth Casoni said Monday. “But we’re going to stay on this because it’s not over by any stretch.”

Last week, The EU Committee on Invasive Alien Species informed Sweden it would not support listing American lobsters as an invasive species because of the lack of strong scientific evidence. Doing so would have opened the door to a total EU ban on importing live American lobsters landed in the U.S. and Canada.

While that decision seems to strike a deadly blow to Sweden’s push to ban the importation of American lobsters, Casoni said the European Union Commission still plans to vote next spring on potential invasive alien species even if the American lobsters no longer are on the list.

“The lobsters were the only consumable product on the list of potential invasive species,” Casoni said. “The rest are plants. But we don’t know everything that could happen between now and then. Sweden might continue to try to persuade other countries to join them. So, we’re going to keep working on it and not let go.”

Casoni credited the full-court pressure mounted by scientists, regulators, members of the commercial lobster industry and elected state and federal officials for rebuffing the Swedish effort. An EU ban on imports would have crippled the approximately $200 million live lobster trade between the EU and the U.S. and Canadian lobster industries.

Read the full story at the Gloucester Times 

Fishermen considering legal steps to alter marine monument in Northeast US

September 22, 2016 — Fishing organizations, including those representing lobster fishermen in the Northeast United States, have expressed outrage over U.S. President Barack Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument on 15 September.

Several groups representing the fishing and seafood industries are investigating the possibility of taking legal action in the hopes of altering the monument’s boundaries or challenging the president’s authority to declare national monuments through executive order under the legal umbrella of the Antiquities Act.

“We’re looking forward to working with Massachusetts’ congressional delegation, and also meeting with the governor next week to get continued support to challenge the monument, even to the point of getting the attorney general’s office to look at the legality of the executive order,” Beth Casoni, executive director of the Massachusetts’ Lobstermen’s Association said. “My understanding is that no presidential executive order has been overturned, but it has been amended.”

Casoni said that about 100 members of her association fish in the area designated for the monument, with many hundreds more fishing there from other parts of the U.S. While the monument’s designation allows lobster and crab fishing to continue in the monument’s area for seven more years before the fishery is closed off, Casoni said the loss of a “highly valuable area” will be another harsh blow for New England fishermen.

“We’re not giving up this fight,” she said.

Read the full story at Seafood Source

National monument in waters off Cape Cod causes rift

September 16, 2016 — The establishment of the first marine national monument in the Atlantic Ocean drew mixed reactions Thursday, with environmental groups hailing the new protections that some New England fishermen denounced as a threat to their livelihood.

The designation bans commercial fishing in an expansive ecosystem off Cape Cod in a concerted effort to protect the area from the impact of climate change, President Obama said as he announced the designation at the Our Ocean Conference in Washington, D.C.

But fishermen said the area should remain open, asserting that decades of commercial fishing have not damaged the ecosystem. They accused the Obama administration of ignoring their recommendations for compromise measures.

One proposal would have allowed fishing in the area as far down as 450 meters and kept the area open to red crab fishing, said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. An average of 800,000 pounds of lobster are taken from the monument area every year, he said.

Denny Colbert, who runs Trebloc Seafood in Plymouth with his brother, said he sends two vessels to the area to catch lobster and Jonah crabs.

“It’s unbelievable,” he said. “I’m going to have to find another place to go.”

Bill Palombo, president of Palombo Fishing Corp. in Newport, R.I., said lobster and red crab are plentiful in the area.

“It’s going to be devastating for us,” said Palombo.

The designation prevents access to the main source of red crab in New England, said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “The red crab industry is primarily fished in these canyons,” she said. “I don’t see them going anywhere else. That’s where it is.”

Read the full story at the Boston Globe

Europe studies claims of American ‘invaders.’ They are clawed and delicious.

September 7, 2016 — Today’s special: American lobster in European hot water.

The European Union’s Scientific Forum on Invasive Alien Species announced Tuesday that there was sufficient scientific evidence to push ahead with a review of Sweden’s request to declare the American lobster an invasive species that threatens native lobsters and other marine life.

It could mean a ban on the clawed cousins from across the pond.

Now, before European foodies go off the deep end, the whole spat is based on only a handful of American lobsters found in Swedish waters. And any final decision — not expected before April — will take into account potential fallout on international trade. That includes weighing the risks of possible retaliatory bans against Europe by the United States and Canada, which stand to lose a lobster market valued at up to $200 million by some estimates.

Overall, it is little more than a side dish compared with other transatlantic trade issues, such as last week’s E.U. order for Ireland to recover up to $14.5 billion in taxes from tech giant Apple. But out in places like the Gulf of Maine or the coast of Nova Scotia, the lobster showdown is a very big deal.

“Is this really about invasion of a species or invasion of [an] economy?” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

Read the full story at The Washington Post

New rules require fish imports to meet U.S. standards

August 12, 2016 — Nations selling seafood to the U.S. must maintain higher standards for protecting whales, dolphins and other marine mammals, according to new regulations announced Thursday by the National Oceanic and Atmospheric Administration.

Other countries will be required to meet standards equal to what is required of U.S. fishermen under the federal Marine Mammal Protection Act, NOAA Fisheries officials said, a change local fishermen groups applauded.

“It’s fantastic,” Cape Cod Commercial Fishermen’s Alliance CEO John Pappalardo said.

While the U.S. has some of the most conservation-minded fisheries laws in the world, American fishermen are selling in a global marketplace, Pappalardo said.

The cost of domestic regulations to U.S. fishermen cuts into their competitive edge, he said.

“It costs more money to produce that fish,” he said.

Massachusetts Lobstermen’s Association members find it difficult to compete with fishermen from other countries because of gear modifications and fishing ground closures required under U.S. law, said Beth Casoni, executive director for the organization.

The association has about 1,800 members from Maine to New Jersey who fish lobster, scallop, conch, groundfish and more.

Read the full story at the Cape Cod Times

EU wants bolstered lobster claim

June 27, 2016 — As if the European Union doesn’t have enough trouble with Britain pulling the big vamoose Thursday. It still has the whole issue of American lobsters to resolve.

An EU scientific forum has given Sweden until July 31 to respond to the avalanche of U.S. and Canadian diplomatic, scientific and commercial opposition to the Swedish-led proposal to label the American lobster an invasive alien species and ban its import by the EU.

The action by the EU scientific forum, announced in a statement from the Maine congressional delegation, gives Sweden’s scientists until the end of the month to reinforce or expand their scientific basis for the American lobsters as an invasive species posing a threat to the indigenous European lobster population.

According to the office of U.S. Sen. Susan Collins of Maine, an EU official told the Maine delegation that “the feedback provided by Canada and the U.S. provided new elements, some of which were not yet considered in the (Swedish) risk assessment” and that led to the forum’s request that Sweden “update the risk assessment taking into account these elements as appropriate.”

Combined, the U.S (about $160 million) and Canada (about $75 million) ship about $235 million worth of live lobsters to the EU, which sits at 27 members with Britain’s departure.

“We’re very happy with the EU scientific forum’s ruling,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “We’ve had discussions with everyone from Secretary of State (John) Kerry’s office to our state and local officials and everyone has been unbelievably supportive. Now we’re in sort of a holding pattern, waiting to see what Sweden does.”

Read the full story at the Gloucester Times

Reps. Moulton, Keating, Lynch Lead Delegation to Protect Massachusetts Lobster Industry

May 2, 2016 — The following was released by the office of Congressman Seth Moulton:

WASHINGTON – Today, Congressmen Seth Moulton (D-MA), Stephen Lynch (D-MA), and Bill Keating (D-MA) led an effort to protect the Massachusetts lobster industry in response to the Swedish government’s petition to classify the American lobster as an invasive species. The petition ultimately seeks to ban the import of live American lobsters from the United States to the European Union (EU).

Moulton, Keating, and Lynch were joined by the entire state delegation in sending a letter to Secretary of State John Kerry, Ambassador Michael Froman, and National Oceanic and Atmospheric Administrator, Kathryn Sullivan. The letter notes that the EU’s alien species regulations must offer robust scientific evidence in support of any species ban, and argues that this is not the case for the American lobster. The letter can be viewed here.

“The Sixth District is home to the largest and most active lobster fleet in Massachusetts, and the lobster industry is a critical part of our history and local economy,” said Congressman Seth Moulton. “This effort to ban U.S. exports of American lobster is not based in science. In fact, studies conducted by leading marine scientists refute Sweden’s assertions that American lobster meet the criteria to be banned by the European Union. This ban would not only have a detrimental impact on the livelihoods of hardworking men and women in the lobster industry, but it would also hurt the entire Massachusetts economy. I’m grateful that our entire delegation stands united to ensure our lobster industry continues to thrive, and I am committed to working with my colleagues in Congress and the Administration to advance a collaborative and transparent dialogue on this issue.”

“The lobster industry is as important to our local economy as it is to our history,” said Congressman Bill Keating, who represents Massachusetts’s South Shore, South Coast, and Cape and Islands. “I will continue working with my Massachusetts colleagues to oppose efforts to list the North American lobster as an invasive species, including by working directly with our European counterparts in my role as Ranking Member of the Trade Subcommittee on the Foreign Affairs Committee.”

“I respect Sweden’s commitment to protecting the environment from invasive species, but their proposal to halt imports of North American lobsters is not based on sound scientific reasoning,” said Congressman Stephen F. Lynch. “The evidence they have presented is inconsistent with E.U. standards and I hope the State Department, the United States Trade Representative, and the National Oceanic and Atmospheric Administration will continue to work together to advocate for the continued trade of live American lobsters with the E.U. A ban could have serious effects on our hardworking Massachusetts lobstermen and their families.”

“From the decks of Massachusetts lobster boats to the plates of European diners, we need to ensure American lobster continues to benefit families and businesses on both side of the Atlantic,” said Senator Edward J. Markey. “The current effort by Swedish authorities to reclassify American lobsters an invasive species and ban their importation into the European Union would undermine a centuries-old relationship and have enormously negative impacts on the Massachusetts lobster industry. Any decision by the EU Commission on the American lobster should be informed by scientific principles and current standards. American lobster is one of our most delectable exports, and we should ensure that Europeans can continue to enjoy it for years to come.”

“Lobsters are a big part of the Massachusetts economy, and I’m very concerned about any attempt to block imports of American lobsters. A ban on live lobster imports is not in line with the EU’s standards or with the research conducted by New England’s leading marine scientists on how best to protect the environment,” Senator Elizabeth Warren said. “I’ll keep working with the congressional delegation to support our local lobstermen and to keep the markets open for Massachusetts’ lobsters.”

“The European Union markets are extremely important to our commercial Lobstermen here in the Commonwealth,” said Beth Casoni, Executive Director of the Massachusetts Lobstermen’s Association. “We are appreciative and encouraged by the efforts being put forth by Congressmen Moulton, Keating, Lynch, and the entire Massachusetts Delegation to bring a resolve to this matter.”

Environmental groups want thorny skate on endangered list

November 11, 2015 — PORTLAND, Maine (AP) – A pair of environmental groups wants the U.S. government to add a species of skate to the list of animals protected under the Endangered Species Act, touching off a drive from some fishermen who say they are already burdened with too many regulations.

Animal Welfare Institute and Defenders of Wildlife say the thorny skate’s decline in the northwest Atlantic Ocean is troubling enough that it should be afforded protections reserved for endangered animals. Their request is before the National Oceanic and Atmospheric Administration, which has a year to make a decision about whether to protect the bottom-dwelling fish.

Federal surveys state that the fish’s population has declined since the late 1960s, and it was only 3 percent of its target level in the early part of this decade.

The thorny skate is one of at least three species in the Gulf of Maine, a key New England fishing area, that are up for potential listing. Listing a species under the Endangered Species Act can lead to habitat protections and fishing restrictions, and some fishermen plan to oppose listing the skate.

The listing would be especially bad for New England lobstermen because some use skate as bait, said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

Read the full story from the Associated Press at the New Jersey Herald