National Monument Archives - Page 4 of 14

Review renews debate over first Atlantic marine national monument

August 7, 2017 — BOSTON — During his eight years in office, former President Obama protected more than 550 million acres of public land and water as national monuments under the 1906 Antiquities Act. Unlike creating a national park, which requires an act of Congress, a president can declare a national monument to protect “objects of historic or scientific interest” with a proclamation.

Critics of the monument say President Obama overstepped the powers set forth by the Antiquities Act and did not provide enough opportunity for public comment. In April, President Donald Trump signed an executive order asking his Secretary of the Interior, Ryan Zinke, to conduct a review of 27 monuments created since 1996. The purpose of the review is to determine if these monument areas qualify under the terms of the act and to address concerns from the community.

Two days later, Trump signed another executive order outlining his “America-First Offshore Energy Strategy.” The plan demonstrates Trump’s vision for the exploration and production of energy on federal lands and waters to decrease America’s dependence on foreign energy.

Fishing industry’s concerns

Captain Fred Penney, a lobsterman out of Boston Harbor, believes that the monument will hurt the future of fishing in New England because the new restrictions were implemented without much input from the fishermen themselves.

“To have no regulations and have it be a free-for-all, that’s completely unacceptable, I understand that,” he said. “I wouldn’t want to see that. But what they’re doing now doesn’t seem to be it.”

Many in the industry felt fishing in the area should have been regulated under the Magnuson- Stevens Fisheries Conservation and Management Act, which created eight regional fishery management councils to maintain sustainable fisheries and habitats in the U.S.

The councils are divided up by region, including the New England, Mid-Atlantic and South- Atlantic councils on the East Coast. Each council sets regulations for certain fisheries such as limiting catch size, issuing permits and monitoring fishing equipment.

Fishermen argue the council’s lengthy public process is more transparent than a proclamation from the president and allows for more input from the community.

Jon Williams of the Atlantic Red Crab Company said the fishermen were not given much notice about meetings and the scope of the monument. He argued the area was thriving under the council’s management before the monument designation.

“We’d been in there for 40 years and if it’s… pristine now, after our presence for 40 years, why is there an emergency for the president to use an act to protect this thing?” Williams said. “Why not give it to the council and let the council do its job?”

Before the Obama administration announced the monument, the New England Fishery Management Council was working on a coral amendment that would protect deep sea corals, one of the goals of the monument. The South and Mid Atlantic Councils passed similar regulations years earlier.

Read the full story at The Groundtruth Project

Trump Administration Decision Signals Possible Shift In Fishing Regulations

August 1, 2017 — When it comes to regulatory issues, the fishing industry often finds itself facing off against environmentalists. And some recent moves by the Trump administration seem to be leaning more in the direction of siding with fishermen.

The Atlantic States Marine Fisheries Commission (ASMFC), the regulatory body that sets the rules for the fishing industry, is meeting this week, and one of the topics of conversation is a recent decision regarding fishing in New Jersey.

The ASMFC said the population of summer flounder – also known as fluke –has been declining since 2010 and is at serious risk. So the commission reduced limits on how much could be caught. New Jersey came up with alternative plan which the state asserted would protect the fish, while still allowing more fishing. But the fisheries commission rejected the New Jersey plan, saying too many fish would be caught, and that it would be bad for the population.

Ordinarily, the federal government listens to the commission’s recommendations. But last week, the U.S. Department of Commerce rejected its recommendation, allowing New Jersey to go ahead with its plan. The ASMFC says this is the first time since passage of the Atlantic Coastal Fisheries Cooperative Management Act in 1993 and the Atlantic Striped Bass Conservation Act in 1984 that the secretary of commerce rejected a noncompliance recommendation by the commission.

“I do think it’s healthy for the administration to not simply rubber stamp everything that is done by these commissions, but rather have an actual role in it,” said Bob Vanasse, executive director of an industry group called Saving Seafood. “And I do think that elections matter,” he said.

Vanasse said this is an example of Trump administration listening to the fishing industry.

“I think there’s definitely been a shift in how the commercial fishing industry, how their issues are being addressed by this administration,” he said. “And I think, frankly, it’s a mistake to think it’s some kind of right-wing, Trump administration, erroneous action. I think it’s actually, overall, positive.”

Vanasse said another example of that positive impact is the federal review that’s happening now of national monuments, including Northeast Canyons and Seamounts Marine National Monument, which is about 130 miles off the coast of Cape Cod. The Obama administration designated it an offshore monument near the end of his presidency, closing it off to a lot of fishermen.

Vanasse said the Trump administration’s review of that monument designation is an example of something that’s being handled responsibly by people who have careers in this area — not just political appointees.

Read and listen to the full story at WGBH

Papahanaumokuakea Review Spurs Tension With Conservation Groups, Fisheries

June 28, 2017 — President Donald Trump’s targeting of the Papahanaumokuakea Marine National Monument in the northwest Hawaiian Islands for national review has revived a lopsided debate between Native Hawaiians, senators, scientists and conservation groups in favor of the monument’s designation, and an activist fishery council mainly concerned with “maximizing longline yields.”

The Western Pacific Regional Fishery Management Council vocally opposed the monument’s expansion in 2016 during a public comment process, communicating that to the White House under the leadership of Executive Director Kitty Simonds. Simonds’ PowerPoint presentation at a recent Council Coordination Committee meeting detailed other monument areas in the Pacific under review, including the Pacific Remote Islands and Rose Atoll, explicitly criticizing the designations as an abuse of the Antiquities Act. The PowerPoint concludes, “Make America great again. Return U.S. fishermen to U.S. waters.”

Established by the Magnuson-Stevens Fishery Conservation and Management Acts of 1976 and 1996, WESPAC is charged with reporting its recommendations for preventing overfishing and protecting fish stocks and habitat to the Commerce Department.

While WESPAC International Fisheries Enforcement and National Environmental Policy Act coordinator Eric Kingma believe that WESPAC’s communications with the president fall within the agency’s purview of advising the executive branch, others, including Earthjustice attorney Paul Achitoff, consider the comments an illegal “lobby to expand WESPAC turf” and shape public policy.

WESPAC argues that monument expansion hampers longline fishermen from feeding Hawaii, which imports roughly 60 percent of the fish it eats. Pro-expansion groups such as Expand Papahanaumokuakea point out that only 5 percent of longliner take came from the monument; that longliners have recently reached their quota by summer, then resorted to buying unused blocks from other fleets; and that much of the longliners’ take, including sashimi-grade bigeye tuna, is sold at auction to the mainland U.S., as well as to Japanese and other foreign buyers. The bigeye tuna catch, moreover, has been trending upward every year since the first year of logbook monitoring in 1991. In 2014, the Hawaii longline fleet caught a record 216,897 bigeye tuna, up 12 percent from 2013.

Read the full story at Courthouse News Service

Concerns aired about marine monument

June 21, 2017 — Editor’s Note:

Fishing groups have widely criticized the Obama Administration’s marine monument designation process as opaque, and argued that administration officials did not adequately address concerns raised. Conversely, in this Cape Cod Times article, Priscilla Brooks, Vice President and Director of Ocean Conservation at the Conservation Law Foundation, claimed that the Obama administration adequately took fishermen’s concerns into account before designating the Northeast Canyons and Seamounts Marine National Monument.

Ms. Brooks said this was evidenced by the administration’s decision to reduce the size of the monument by 60 percent from the original proposal.

However, there was never an official Atlantic marine monument proposal from the Obama administration. Fishermen, elected officials, regulators, and concerned shoreside businesses were not apprised of the specifics of the Obama Administration’s monument plan until the final shape of it was shared just days and hours before it was announced.

The environmental community, including the Conservation Law Foundation, provided a proposal to the Administration, which officials referred to at times in meetings, but always with the caveat that the environmentalist proposal was not an official Administration proposal. At no time before the announcement was imminent did the commercial fishing community have any idea of what action the Administration might take.

It is possible that Ms. Brooks was stating that the monument eventually proposed by the Obama Administration was reduced by 60 percent from the plan that CLF and other environmental groups proposed. Commercial fishermen were apprehensive about the relationship between the Administration and the environmental community with due cause, since in 2015 environmental activists attempted to push a monument designation through the Administration in secret before the Our Ocean conference in Chile.

Ms. Brooks also claimed that “there was a robust public process.”

In the lead-up to the 2016 monument designation, there was one public meeting in Rhode Island where fishermen were allowed just 2 minutes to talk.

There were a number of subsequent meetings in fishing ports, and in the White House complex. But those who attended those meeting largely felt their views were being ignored. In fact, many of them participated in the recent meeting with new Secretary of the Interior Ryan Zinke.

In July 2016, Eric Reid, General Manager at Seafreeze, who participated in both regional and White House meetings wrote, “No one in the Obama administration’s Council on Environmental Quality has put forward an actual, concrete proposal of what an Atlantic monument might look like.” He added, “The uncertain and opaque nature of the process that has so far surrounded the potential marine monument has left fishermen with no idea as to what areas and which fisheries will be affected, nor which activities will be prohibited.”

BOSTON — Fishing groups from around New England met with Interior Secretary Ryan Zinke on Friday to air complaints about former President Barack Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument last year.

The monument, the first marine national monument in U.S. Atlantic waters, protects about 4,000 square miles of ocean 150 miles southeast of Cape Cod.

Fishermen say the protected area in which fishing is prohibited hurts their business and places an undue burden on an already heavily regulated industry. But scientists say the area, which is home to hundreds of species of marine life and fragile coral, is an important natural resource that must be protected.

In his proclamation creating the marine monument, Obama prohibited fossil fuel or mineral exploration, all commercial fishing, and other activities that could disturb the sea floor. Scientific research is allowed with a permit. Commercial red crab and lobster fishermen have to phase out their operations within the monument area over the next seven years.

During their meeting with Zinke at Legal Sea Foods on Boston Harbor, fishermen and industry representatives asked the secretary to consider dissolving the monument or changing the regulations within its boundaries and complained about the way it was originally designated.

“As an American, this brought me to tears at my desk,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association. “No one should have the power to sign people out of work.”

Some commercial fishermen said they felt the former administration did not take their concerns into account before designating the monument.

“Even though we were allowed minimal — and that’s an understatement — input, we received mostly lip service,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, Rhode Island. “Small businesses like me that need stability to grow their business and invest in America are at risk. We can make America and commercial fishing great again.”

But Priscilla Brooks, vice president and director of ocean conservation at the Conservation Law Foundation, said the former administration did take fishermen’s concerns into account. Obama reduced the size of the original proposed monument by 60 percent and allowed lobster and crab fishermen a seven-year grace period to continue fishing there.

“There was a robust public process,” she said.

Read the full story at the Cape Cod Times

Interior secretary visits Mass. to review marine monument

June 19, 2017 — Editor’s Note: At the request of the Department of the Interior, Saving Seafood’s National Coalition for Fishing Communities helped facilitate a meeting between Interior Secretary Ryan Zinke and over 20 representatives of the commercial fishing industry. The meeting also included staff members from the offices of Senators Elizabeth Warren (D-MA), Ed Markey (D-MA), and Sheldon Whitehouse (D-RI):

Capping off a four-day New England tour, US Secretary of the Interior Ryan Zinke visited Boston Friday to meet with local scientists and fishermen in his review of the East Coast’s only — and highly controversial — marine monument.

The Northeast Canyons and Seamounts Marine National Monument, located approximately 130 miles off the coast of Cape Cod, covers more than 4,000 square miles. It includes three underwater canyons and four seamounts — mountains rising from the ocean floor —housing dozens of deep-sea corals and several species of endangered whales.

Former president Barack Obama proclaimed the area the country’s first marine national monument in the Atlantic Ocean in September 2016. The Antiquities Act, signed into law in 1906 by national parks champion Theodore Roosevelt, grants presidents unilateral authority to establish national monuments on federal land.

But now, under President Trump, the fate of the underwater zone is in doubt.

Trump signed an executive order in April directing Zinke to review all national monuments designated over the past 21 years, calling the practice of using executive authority to designate such monuments an “abusive practice.”

Zinke met with scientists from the New England Aquarium and the Massachusetts marine monument’s superintendent from the US Fish and Wildlife Service in the morning, before heading to a roundtable with local fishermen.

“Right now, I’m in the information collection stage, so everything is on the table,” Zinke said.

Read the full story at the Boston Globe

MAINE: Fishermen support alternative coral protection plan

May 26, 2017 — ELLSWORTH, Maine — A plan to protect deep sea coral from damage caused by fishing drew strong support from Maine’s lobstermen Thursday but mostly because planned fishing restrictions won’t affect them.

The New England Fishery Management Council has spent much of the past two years developing an “Omnibus Deep-Sea Coral Amendment” aimed at reducing the potential impacts of fishing on corals found in extremely deep water along the Northeast coast. As part of the process, the council proposed several alternatives that would prohibit all fishing in the affected areas. One plan would bar fishing in water depths ranging between 300 and 600 meters (about 985 to 1,970 feet). Another would ban fishing in 20 separate submarine canyons off the southern boundary of Georges Bank.

Some of those canyons lie within the boundaries of the Northeast Canyons and Seamounts Marine National Monument established by President Barack Obama last September.

While most of the areas that could be protected lie far offshore, two areas are situated within the Gulf of Maine. One is near Mount Desert Rock. The other is on Outer Schoodic Ridge.

Mount Desert Rock lies about 20 miles south of Mount Desert Island in Lobster Management Zone B. The council considered two alternative protection zones, primarily southwest of the rock, one of about 18 square miles and the other about 8 square miles, with water depths of 100 to 200 meters (330 to 660 feet).

The Outer Schoodic Ridge area lies about 25 miles southeast of MDI in Lobster Management Zone A. The protected area would be about 31 square miles in size.

Both areas are important lobster fishing grounds.

Read the full story at the Ellsworth American

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

Western Pacific Council to Tackle Management in Papahanaumokuakea Marine National Monument

March 23, 2017 — SEAFOOD NEWS — At this week’s Western Pacific Regional Fishery Management Council in Honolulu, members are developing new fishing rules for the marine national monument that was expanded last year and decided which species will be under federal management as components of the area’s ecosystem.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas. The Council includes the local fishery department directors from Hawai’i, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI), fishing experts appointed by the Governors and federal agencies involved in fishing-related activities. The meeting runs through tomorrow and is open to the public.

The Hawai’i-based longline fleet is expected to redirect its fishing efforts to the high seas (beyond 200 miles from shore) or into the allowable longline fishing area 50 to 200 miles offshore around the main Hawaiian Islands. The Hawai’i longline fleet, which catches bigeye tuna and swordfish, is banned from 0 to 50 miles throughout Hawai’i.

While the Presidential proclamation bans commercial fishing around the NWHI, it allows regulated non-commercial and Native Hawaiian subsistence fishing.

This week the Council is considering the results of public scoping meetings that were conducted throughout Hawai’i in December as well as the recommendations of its advisory bodies.

The Council’s Scientific and Statistical Committee (SSC), which met March 7 to 9 in Honolulu, recommends that existing data, such as data from the former sport-fishing operation at Midway Atoll in the NWHI and the Hawaii tuna tagging project, be explored.

The SSC also recommends that potential impact on protected species be considered as fishing effort is redistributed.

The Council advisory bodies jointly support the removal of fishing provisions in the NWHI as well as other marine monuments in the region: Rose Atoll (American Samoa), Marianas Trench (CNMI) and Pacific Remote Islands (the US atoll and island possessions of Johnston, Palmyra, Wake, Baker, Howland, Jarvis and Kingman Reef). The group recommends that the Council continue to express its concerns to the new Administration regarding the impacts to fisheries from the monument designations and their expansions as well from military closures and other marine protected areas in the region.

In addition to management of the monument, the Council will determine which of the thousands of marine species in the region will be managed using annual catch limits as targeted fish species, and which will be managed using other tools (for example, minimum sizes and seasonal closures) as ecosystem component species. The Council may endorse the SSC recommendation to form an expert working group to ensure the final listings take into account species of social, cultural, economic, biological and ecological importance.

As part of the Council meeting, a Fishers Forum on Using Fishers Knowledge to Inform Fisheries Management will be held 6 to 9 p.m. on March 22 at the Ala Moana Hotel, Hibiscus Ballroom. The event includes informational booths, panel presentations and public discussion.

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