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ASMFC Urges President to Minimize Potential Economic Harm from Atlantic Marine Monument Designation

ALEXANDRIA, Va. (Saving Seafood) – May 4, 2016 – The Atlantic States Marine Fisheries Commission (ASMFC) has taken a formal position on the possibility of a Presidential proclamation of an Atlantic Marine Monument.

The Obama administration, at the urging of major environmental groups, is considering creating a National Monument in the New England Canyons and Seamounts region via the Antiquities Act. Few specifics have been released about what the monument would look like, but it could have significant negative impacts on fishermen in the affected areas.

The ASMFC’s Interstate Fisheries Management Program (ISFMP) Policy Board unanimously (with three abstentions) approved a resolution today drawing a line in the ocean (see map), in close proximity to the Atlantic canyons and seamounts off of Georges Banks, and urging that the creation of a monument only take place in a region seaward of that line. The ASMFC resolution urges that management of waters under Federal control from the coastline to that line be managed under the Magnuson-Stevens Act.

The resolution states:

  • That it is the preference of ASMFC that the current New England Fishery Management Council coral management process continue without a Presidential proclamation on the issue;
  • That should the President decide to designate a deep-water marine monument off the New England coast prior to the end of his Presidency, it should be limited to the smallest area compatible with the proper care and management of the objects to be protected, as required by the Antiquities Act;
  • That the area be limited to depths greater than approximately 900 meters and encompass any or all of the region seaward of the line (see map) out to the outer limit of the EEZ;
  • That only bottom tending fishing effort be prohibited in the area and that all other mid-water/surface fishing methods (recreational and commercial) be allowed to continue to use the area;
  • That the public and affected user groups be allowed to review and comment on any specific proposal prior to its implementation.

The motion was initially crafted by members of the ASMFC Rhode Island Delegation, in consultation with other regional fisheries organizations. ASMFC’s Lobster Board, where the resolution originated, gave its unanimous approval to the proposal at its meeting on Monday.

In a letter this week to the ASMFC American Lobster Management Board requesting guidance on the monument issue, Board Chairman David Borden wrote about the potential consequences a monument would have for commercial and recreational fisheries in the area.

“The economic impacts of a potential Monument designation would undoubtedly be significant depending on where the boundaries are set. These economic impacts would be felt coast wide as the fishing fleets working in and around the canyons hail from ports across New England and the Mid-Atlantic.”

Specifically highlighted are the potential impacts on the offshore lobster and crab fisheries, which would be hurt by the prohibition on fishing in the monument area, or by being displaced into nearby fishing grounds. Lobster and Jonah crab revenue from Southern New England are estimated at $38 million per year. A monument designation could also hurt the lobster stock by pushing fishermen from areas where lobster is abundant into areas where lobster is more depleted. Concerns were also voiced about potential negative impacts of the proposal on whales and protected species.

Additionally, many of the States represented on ASMFC have major interests in finfish, pelagic longline, squid, and red crab fisheries, or have large recreational fisheries. “All of these fisheries could be directly affected by a closure or indirectly affected by a redirection of effort.”

According to ASMFC Chairman Doug Grout the ASMFC leadership plans to meet with representatives of CEQ next week to discuss ways to mitigate impacts on commercial and recreational fisheries.

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About the ASMFC
In the early 1940s, recognizing that they could accomplish far more through cooperation rather than individual effort, the Atlantic coast states came together to form the Atlantic States Marine Fisheries Commission. An Interstate Compact, ratified by the states and approved by the U.S. Congress in 1942, acknowledged the necessity of the states joining forces to manage their shared migratory fishery resources and affirmed the states’ commitment to cooperative stewardship in promoting and protecting Atlantic coastal fishery resources.

Read a letter from ASMFC Lobster Board Chairman David Borden to the ASMFC Lobster Board

Read a letter from Blue Water Fishermen’s Association Executive Director Terri Lei Beideman to the White House

BOSTON HERALD: Drowning in regulations

November 6, 2015 — President Obama is poised to designate two large areas off the New England coast as national marine “monuments,” to the delight of conservationists who seem much more interested in protecting the ocean than they are in protecting people.

Gov. Charlie Baker has written to President Obama to express concern about the impact on the region’s fishermen if the federal government turns part of the New England coastline into a sort of undersea museum — one that only scientists are likely ever to lay eyes on. Baker in his letter raises reasonable concerns about the process — or lack thereof — that led to this point.

Yes, Obama has the authority to take this step under the Antiquities Act (and has done so for other areas in the Pacific, as did President George W. Bush). But Baker notes there has been little public input into the decision to designate areas known as Cashes Ledge and the New England Canyons and Seamounts as national monuments, making them off limits to commercial fishing and such activities as oil or gas exploration or extraction — permanently.

Read the full editorial at the Boston Herald

JON WILLIAMS: Not So Fast On Atlantic Marine Monument

WASHINGTON — November 4, 2015 — The following is an excerpt from an opinion piece written by Jon Williams, President of the Atlantic Red Crab Company of New Bedford, Massachusetts. It was originally published today by The Hill, a Washington-based publication covering Congressional policy and politics: 

An ongoing campaign led by large, well-funded environmental organizations is urging President Obama to use the 1906 Antiquities Act to designate parts of the Atlantic Ocean-such as Cashes Ledge in the Gulf of Maine and the New England Canyons and Seamounts-as marine National Monuments. In September, I had the privilege of testifying before House Natural Resources Committee Subcommittee on Water, Power and Oceans about the aspect of this proposal that seeks to exclude historic fisheries from the designated area.

The Antiquities Act, originally enacted to give Teddy Roosevelt authority to protect vulnerable Native American archeological sites, allows the president to act quickly, unilaterally, and without Congressional oversight to preserve sites in danger of destruction. The act, while undoubtedly created in good faith, has been misused in the case of marine monuments to a frightening extent.

In my case, 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.  We were the first U.S. Atlantic Coast fishery certified as sustainable by the Marine Stewardship Council, demonstrating we have minimal impact on the health of the species and its environment. Additionally, we are listed as “Ocean-Friendly” by the New England Aquarium Seafood Guide program. 

Although these processes took years of effort and hundreds of thousands of dollars-a significant cost for a fishery of our size-it was important that we understood how the red crab fishery impacted the environment and demonstrated that our practices were indeed sustainable. 

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? By labeling our fishery as an imminent threat despite our ability to keep the area pristine, these environmental groups have both ignored the facts and devalued our successful efforts to operate a sustainable fishery.

In addition, those of us who have fished sustainably and responsibly in the area for decades have had our voices almost completely shut out of this process. A prime example was the September 15 “town hall” meeting held by NOAA in Providence, Rhode Island. Hastily arranged, many fishermen who would be affected by the proposals were not even aware that it took place. Those in attendance were provided no firm details on the scope of the proposal, preventing them from commenting substantively about something that could dramatically affect or even eliminate their livelihoods. There’s no guarantee that there will be any future opportunity for those affected to voice their concerns. The Antiquities Act does not require such input, and a designation could come at any time.

Read the full opinion piece at The Hill 

Mass. Senators and Congressmen Call on Obama Administration for More Public Input on Marine Monuments

WASHINGTON (Saving Seafood) — October 13, 2015 — Both Massachusetts Senators and three Massachusetts Congressmen have written to President Obama calling on him to further engage regional industry stakeholders before advancing any plans to use his Executive Authority to designate a marine National Monument off the coast of New England. The Monument would potentially include Cashes Ledge in the Gulf of Maine and several of the New England Canyons and Seamounts.

In the letter, Sens. Warren and Markey, and Reps. Lynch, Keating, and Moulton urge the President to “include additional opportunities for our Massachusetts constituents to express their views on the potential designations in the context of ongoing conservation efforts,” as well as “provide more information on the potential designations, especially the objectives, geographic scope, and possible limits to activities, to help inform these additional discussions.” To date there has only been one opportunity for public input, a “town hall” meeting held last month in Providence, Rhode Island.

Their letter also notes that many of the areas under consideration for a monument designation already enjoy substantial protections. Specifically, the New England Fishery Management Council “has had in place protections for Cashes Ledge for more than a decade,” and “is currently considering management actions to protect Deep Sea corals in the region.”

The text of the letter is reproduced below:

Dear Mr. President:

For centuries, the ocean has been critical to the economy and culture of Massachusetts. As Members of Congress representing Massachusetts, we are working to ensure our coastal communities continue to thrive in the 21st century. A healthy ocean is critical for healthy coastal economies. The ocean economy of Massachusetts is worth more than $6 billion, according to the most recent economic data available. Given the unprecedented challenges our fishing industry, and the shore-side businesses that depend on it, have faced in recent years, we are acutely aware of the need for collaboration with our communities, the fishing industry, and other businesses that rely on the ocean and its resources.

We understand you are considering using your authority to make national marine monument designations of a number of submarine habitats–five coral canyons, four submarine seamounts, and an underwater mountain range known as Cashes Ledge–in the New England region of the Atlantic Ocean.

As the Chairman of the New England Fisheries Management Council discussed in his statement at NOAA’ s September 15111 public listening session in Rhode Island, the Council has long recognized the unique habitats of the deep canyons, seamounts and Cashes Ledge. The Council has had in place protections for Cashes Ledge for more than a decade and ultimately supported the continuation of protections for it in the Essential Fish Habitat amendment they adopted earlier this year. The Council is also currently considering management actions to protect Deep Sea corals in the region. Stakeholders not represented on the Council also conveyed their recognition of the conservation values of these areas.

While you have clear authority under the Antiquities Act to designate national monuments, we ask that you engage stakeholders further before making a final decision. We ask you to build on last month’s listening session in Rhode Island by expanding your stakeholder engagement efforts to include additional opportunities for our Massachusetts constituents to express their views on the potential designations in the context of ongoing conservation efforts. We also ask that you provide more information on the potential designations, especially the objectives, geographic scope, and possible limits to activities, to help inform these additional discussions.

Thank you for your attention to these requests. We look forward to further discussions with you and your administration about these designations and other actions important to support the economies of our Massachusetts’s coastal communities.

Sincerely,

Edward J. Markey

United States Senator

Elizabeth Warren

United States Senator

Stephen Lynch

Member of Congress

William Keating

Member of Congress

Seth Moulton

Member of Congress

Read the letter here

 

NEW BEDFORD STANDARD-TIMES: Fishermen win a small victory

October 8, 2015 — Fishermen in the Northeast fisheries can celebrate a small victory in what President Obama didn’t do on Monday.

The president addressed, by video, attendees of the Our Ocean 2015 conference in Valparaiso, Chile, and announced two new marine sanctuaries, neither one of them off the coast of new England.

Commercial fishing advocates had been fighting to counter the message of environmental groups that were running a full-scale campaign to put Cashes Ledge and the New England Canyons and Seamounts on the list, along with the two announced by the president in Maryland and Lake Michigan.

New England fishermen looked at the 6,000 square miles under consideration off the coast and saw the next strategic step toward pushing them off the ocean.

The valuable cold-water kelp forests of Cashes Ledge and the coral fields in the five canyons and four seamounts are worthy of protection, but they are already off limits to fishermen.

Fishing advocates’ concern of “policy creep” can’t be dismissed as paranoia. The steady negative impact of regulation on the fishing industry is well-documented in reports on the health of the industry, and the use of various regulatory tools has left the industry reeling, wondering where the next threat will come from.

Read the full editorial from the New Bedford Standard-Times

Over 1,500 Coastal Residents Join Federal, State, and Congressional Leaders in Opposing Atlantic Marine Monument

WASHINGTON (Saving Seafood) – September 25, 2015 – A letter delivered this week to the President and other top Federal officials has been signed by more than 1,500 fishermen and other residents from coastal communities opposing recent calls to create a marine national monument along America’s Atlantic Coast. The letter’s signers join a growing list of citizens, stakeholders, governors, Senators, Members of Congress, and local leaders speaking out publicly against the monument campaign. The letter’s signers call the measure an unnecessary use of Executive authority that undermines the public management of natural resources, which are being successfully managed through public processes.

READ THE LETTER TO THE PRESIDENT AND TOP FEDERAL OFFICIALS

Saving Seafood has published the letter online today, which was produced jointly by the Fisheries Survival Fund (FSF) and the Northeast Seafood Coalition (NSC). In addition to President Obama, the letter was also delivered to Secretary of Commerce Penny Pritzker, Under Secretary of Commerce for Oceans and Atmosphere Dr. Kathryn Sullivan, and NOAA Assistant Administrator for Fisheries Eileen Sobeck.

According to the letter, a recent campaign to designate an Atlantic marine national monument, specifically in the Cashes Ledge area of the Gulf of Maine and around the New England Canyons and Seamounts, circumvents and diminishes the public management procedures that currently manage these areas. In the view of the signers, a process that is open and collaborative, and considers the input of scientific experts, fishermen, and other stakeholders, is best way to successfully manage marine resources.

The signers also contend that these proposals do not properly take into account the existing protections already in place in many of these areas. They note that Cashes Ledge has been closed to most forms of commercial fishing for over a decade, and that the New England Fishery Management Council recently took steps to extend these protections into the future with the approval of Omnibus Habitat Amendment 2. The Council is set to further examine additional habitat protections for the region when it considers the Deep Sea Coral Amendment later this year. To the signers of the letter, these are clear signs that the current management process is working.

The letter joins increasingly vocal opposition to a national monument designation. Maine Governor Paul LePage, as well as Maine Senator Susan Collins and Congressman Bruce Poliquin, have all written to the Obama Administration opposing any monument in the Gulf of Maine. Sefatia Romeo Theken, the Mayor of Gloucester, Massachusetts, home to the nation’s oldest fishing port and its historic groundfish fishery, has also written a letter in opposition. Jon Mitchell, the Mayor of New Bedford, Massachusetts, the nation’s most valuable port and home to the Atlantic scallop fishery, is one of the signers of this week’s letter. Legislatively, Congressmen Don Young and Walter Jones recently introduced the Marine Access and State Transparency Act, which would prevent the President from declaring offshore national monuments.

 

DAVE MONTI: Balancing fishing and marine conservation a delicate act

September 17, 2015 — NOAA is exploring permanent protections for three deep sea canyons — Oceanographer, Gilbert, and Lydonia Canyons — and four seamounts 130 to 200 miles off New England’s coast.

Deep sea canyons, which plunge to depths greater than 7,000 feet, and seamounts, which rise thousands of feet above the sea floor, create unique habitats supporting tremendous biodiversity and fragile ecosystems that are home to corals, fish, marine mammals, turtles, and more. These habitats are well worth preserving.

I thought the public meeting and proposed process was good, although many fishermen and fish policy makers felt it circumvented the New England Fishery Management Council’s authority. They believe the council is charged with regulating fishing via the Magnuson Stevens Act in this area.

I understand that it is not all about fishing, but I believe recreational and commercial fishermen should continue to be granted access to fishing grounds in and near the proposed monument areas, as long as they are not affecting the area in a negative way. For example, when recreational fishermen target tuna they are pretty much on the surface, not down to the sea floor where protections are needed.

I do believe drilling, mining, laying cable and certain types of fishing should be restricted.

If fishing can continue to be conducted respectfully in the proposed monument areas, and this is written into the law while restricting disruptive and harmful uses, I am all for designating national monument areas.

Read the full opinion piece at the Providence Journal

 

Conservationists Push for Atlantic’s 1st National Monument

September 13, 2015 — Undersea ravines deeper than the Grand Canyon, submerged mountains rising thousands of feet from the ocean floor and forests of kelp and coral would become the first marine national monument in the Atlantic if conservationists have their way.

The proposal to protect a pristine ecosystem undamaged by heavy fishing and pollution in the Gulf of Maine and canyons and peaks off Cape Cod — where vivid coral has grown to the size of small trees over thousands of years — would mirror the massive conservation efforts that have already taken place in the Pacific Ocean.

“We have an opportunity to permanently protect two of our nation’s greatest ocean treasures, right off our coast,” said Priscilla Brooks, the Conservation Law Foundation’s director of ocean conservation.

Environmental groups want President Barack Obama to permanently protect Cashes Ledge, the underwater mountain and offshore ecosystem in the Gulf of Maine, and the New England Coral Canyons and Seamounts, the chain of undersea formations about 150 miles off the coast of Massachusetts.

But Maine Gov. Paul LePage and others oppose the effort to protect the two sites, together totaling about 6,000 square miles, because of the potential impact on fishermen.

LePage, a Republican, also takes issue with the president’s authority under the Antiquities Act to designate monuments, calling it a sweeping power that provides few procedural protections to those who are most likely to be affected.

Read the full story at ABC News

 

Pew Circulates Cashes Ledge Monument Petition

September 10, 2015 — The Pew Charitable Trusts is circulating a petition calling for President Obama to designate Cashes Ledge and areas of the New England Canyons and Seamounts as National Monuments. Such as designation would permanently close these areas to fishing and other commercial activity, but would also remove them from the current public management process. Several of the areas, most notably Cashes Ledge, are already off-limits to fishermen under existing habitat protections.

The text of the petition is below:

MAKE HISTORY BY ASKING THE OBAMA ADMINISTRATION TO CREATE THE FIRST MARINE NATIONAL MONUMENT IN THE ATLANTIC OCEAN!

The “Grand Canyons,” sea mountains, and Cashes Ledge off New England’s coast are national treasures. These precious ecosystems provide refuge for hundreds of species of rare and unique marine wildlife, including whales, seabirds, and long-living cold-water corals. These remote areas are also critical to the health of our ocean fish, which are the lifeblood of Atlantic coastal communities.

Unfortunately, these fragile undersea places are under growing threat of destruction from overfishing and industrial exploitation as the deep ocean becomes more accessible to extraction. Now is the most crucial time to protect New England’s Grand Canyons, sea mountains, and Cashes Ledge—and we need your help!

SEND A MESSAGE. OVERWHELMING PUBLIC SUPPORT IS NEEDED TO CONVINCE THE ADMINISTRATION TO FULLY PROTEC THESE SPECIAL PLACES FOREVER!

Read the petition here

Read Saving Seafood’s previous coverage of the issue:

ANALYSIS: New England Marine Monument Proposals Overlook Existing Protections, Overstep Democratic Management

A Simple Map Shows Cashes Ledge Habitat is Already Protected

 

A Simple Map Shows Cashes Ledge Habitat Is Already Protected

WASHINGTON (Saving Seafood) — September 2, 2015 — Yesterday, Saving Seafood released an analysis explaining how the proposal to use a National Monument designation to protect Cashes Ledge, as advocated by the Conservation Law Foundation, Pew Charitable Trusts, the National Geographic Society, and the Natural Resources Defense Council, overlooks existing protections and overrides the current, successful system of open, democratic management. In short, we called the proposal “a solution in search of a problem,” one that removes the public from the management of public resources.

Read the full Saving Seafood analysis here

The New England Fishery Management Council (NEFMC) today provided Saving Seafood with an updated map (see below), one that is clear, simple, and easy to understand. It delineates the protections the Council voted for last June in  Omnibus Habitat Amendment 2 (OHA2), which are currently being evaluated by the National Oceanic and Atmospheric Administration (NOAA) for final approval. In light of this evening’s public event at the New England Aquarium which will describe the uniqueness and value of this region, Saving Seafood is sharing this map so that all interested parties can be fully aware of the protections already in place, additional protections currently in progress, and of the decade of work by numerous scientists, fishermen, regulators, environmentalists, elected officials, researchers, academics, and career government staff at the Council and the Agency that has gone into developing them.

As we noted in our analysis, the NEFMC and NOAA have successfully protected Cashes Ledge over the last decade though a collaborative, consultative process that built a consensus among the scientists, fishermen, regulators, and other valuable New England stakeholders. The Council has also ensured that the region remains protected well into the future with the recent approval of Omnibus Habitat Amendment 2 (OHA2), and is working to extend similar protections to the New England Canyons and Seamounts through their in-progress Deep-Sea Coral Amendment.

These developments support Saving Seafood’s conclusion that the process as it exists is working, and the a National Monument designation would only circumvent and undermine the public management of these areas that have been so beneficial to Cashes Ledge and other unique habitats.

See the updated map below:

June 2015 Cashes Ledge final

 

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