Saving Seafood

Trump Administration Defends Obama’s Atlantic Monument

April 18, 2018 — The Trump administration is defending an underwater monument established by former President Barack Obama to protect marine life in the Atlantic Ocean and asked a judge to dismiss a lawsuit from fishermen trying to eliminate it.

President Obama established the Northeast Canyons and Seamounts Marine National Monument in September 2016, setting aside a 5,000-square mile are off of New England for protection due to the presence in the area of fragile deep sea corals and vulnerable species of marine life in the area.

The move inspired a lawsuit by fisherman and lobstermen who claimed Obama “exceeded his power under the Antiquities Act” when cordoning off the ocean acreage from commercial use.

But on Monday, the Trump administration filed a lengthy defense of the monument in federal court in Washington.

The filing comes even as the White House continues to review several monuments created by President Trump’s Democratic predecessor.

Read the full story at the Courthouse News Service   

 

Trump Administration Defends Obama’s Atlantic Monument

April 17, 2018 — PORTLAND, Maine — The Trump administration on Tuesday defended an underwater monument off the coast of New England established by former President Barack Obama to protect marine life in the Atlantic Ocean and asked a judge to dismiss a lawsuit from fishermen trying to eliminate it.

The fishing groups sued in federal court in Washington, challenging the creation of the Northeast Canyons and Seamounts Marine National Monument by the Democratic former president in 2016. It’s a 5,000-square-mile area that contains fragile deep sea corals and vulnerable species of marine life, such as right whales.

The Commerce Department argues the president has clear authority under the federal Antiquities Act to establish national monuments. The federal government is defending the monument at the same time it’s reviewing its creation as part of President Donald Trump’s review of several monuments created by Obama.

Trump, a Republican, has ordered drastic reductions to some monuments, saying they were part of a “massive federal land grab” by previous administrations.

Read the full story from the Associated Press at the New York Times

Response due from feds in lawsuit to end Atlantic monument

April 10, 2018 — PORTLAND, Maine — The federal government’s response to a lawsuit from fishermen trying to eliminate former President Barack Obama’s Atlantic Ocean monument is coming due.

The fishing groups sued to challenge the 2016 creation of the Northeast Canyons and Seamounts Marine National Monument. The monument is a 5,000-square-mile area off of New England and is the first monument of its kind in the Atlantic Ocean.

A federal court ordered the U.S. Department of Commerce to respond to the lawsuit by April 16. It was filed at U.S. District Court for the District of Columbia.

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

 

Fishermen suit against Atlantic marine monument moves ahead

March 27, 2018 — PORTLAND, Maine — Organizations suing to eliminate the first national marine monument in the Atlantic Ocean have gotten the OK to proceed with a suit designed to reopen the area to commercial fishing, which environmentalists fear could jeopardize preservation efforts.

The fishing groups sued to challenge the creation of the Northeast Canyons and Seamounts Marine National Monument created by President Barack Obama in 2016. It’s a 5,000-square-mile area off of New England that contains fragile deep sea corals and vulnerable species of marine life such as right whales.

The fishermen’s lawsuit had been put on hold by a review of national monuments ordered by President Donald Trump’s administration in April 2017. Court filings at U.S. District Court for the District of Columbia say the stay was lifted in mid-March and the litigation can proceed.

Marine national monuments are underwater areas designed to protect unique or vulnerable ecosystems. There are four of them in the Pacific. The Northeast monument, the only one off the East Coast, is also an area where fishermen harvest valuable species such as lobsters and crabs.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” said Jon Williams, a New Bedford, Massachusetts, crabber and a member of plaintiff group Offshore Lobstermen’s Association. “It’ll raise attention to it a little bit, which it needs.”

The court ordered the federal government, which is the defendant in the case, to respond by April 16. A spokeswoman from the federal Department of Commerce declined to comment.

The lawsuit’s ability to move forward will hopefully prod the federal government to make a decision about the future of the monument, which is unpopular with commercial harvesters, Williams said. But a coalition of environmental groups is also intervening in the case in an attempt to keep the monument area preserved.

Read the full story at the AP News

 

Big changes likely for national monument just outside Gulf of Maine

December 14, 2017 — Interior Secretary Ryan Zinke may have decided Katahdin Woods & Waters National Monument in northern Maine should be left as it is, but he’s proposing major changes to another monument established just last year in the Atlantic ocean, on the far side of the Gulf of Maine.

Zinke has recommended that commercial fishing activity resume in the Northeast Canyons and Seamounts Marine National Monument and two other marine monuments in the Pacific.

The marine monument, which encompasses nearly 5,000 square miles, lies outside the Gulf of Maine, roughly 100 to 200 nautical miles southeast of Cape Cod along the edge of the continental shelf. It was created by then-President Barack Obama in September 2016.

Since President Donald Trump ordered a review this past spring, Zinke has been reviewing the status of 27 monuments, five of them marine monuments, that were created by prior presidents.

Katahdin Woods & Waters National Monument in northern Maine, also created last year by Obama, was among those under review. Last week, Zinke recommended that no changes be made to the northern Maine monument.

As part of the same report, which was released Dec. 5, Zinke recommended that fisheries in the three marine monuments should be subject to the same federal laws that apply to fisheries nationwide.

Read the full story at the Bangor Daily News

 

NCFC Members Reaffirm Support for Interior Department’s Marine Monument Recommendations

December 5, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Following today’s official release of Interior Secretary Ryan Zinke’s recommendations to alter three marine national monuments, members of Saving Seafood’s National Coalition for Fishing Communities are reiterating their support for these recommendations, which will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

In September, NCFC members expressed initial support for the changes when a draft of the recommendations were reported in the press. Because the final recommendations are identical to those initially reported, NCFC members stand by their initial statement, which is reproduced below:

Secretary Zinke’s recommendations to President Donald Trump would allow commercial fishing managed under the Magnuson-Stevens Act (MSA) in the recently designated Northeast Canyons and Seamounts Marine National Monument. He also  recommended revising the boundaries or allowing commercial fishing under the MSA in the Pacific Remote Islands Marine National Monument and the Rose Atoll Marine National Monument. NCFC members in the Pacific hope that the White House will extend these recommendations to the Papahānaumokuākea Marine National Monument, and appreciate the open and transparent process by which Secretary Zinke reviewed these designations.

Marine monument expansions and designations have been widely criticized by commercial fishing interests as well as by the nation’s eight regional fishery management councils, which in a May 16 letter told Secretary Zinke and Commerce Secretary Wilbur Ross that marine monument designations “have disrupted the ability of the Councils to manage fisheries throughout their range.” Fishing industry members believe these monuments were created with insufficient local input from stakeholders affected by the designations, and fishing communities felt largely ignored by previous administrations.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I., who has been critical of the Obama Administration’s process in designating the monument. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades. We are grateful that the voices of fishermen and shore side businesses have finally been heard,” Mr. Reid concluded.

“There seems to be a huge misconception that there are limitless areas where displaced fishermen can go,” said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. “Basically with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

“The fisheries management process under the existing Magnuson Act is far from perfect, but its great strength is that it has afforded ample opportunities for all stakeholders to study and comment on policy decisions, and for peer review of the scientific basis for those decisions,” stated Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port. In March, Mayor Mitchell submitted testimony to Congress expressing concern over marine monuments. “The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think hitting the reset button ought to be welcomed no matter where one stands in the current fisheries debates, because the end result will be better policy and better outcomes,” Mayor Mitchell concluded.

Fishermen in the Pacific are also supportive of the Interior Department’s review, but remain concerned about the effects of the Papahānaumokuākea Monument, which was omitted from the version of the recommendations being reported. “We are appreciative of Secretary Zinke’s review, and his reported recommendations to support commercial fishing in the Pacific Remote Islands Monument,” said Sean Martin, president of the Hawaii Longline Association. Hawaii’s longline fishing fleet supplies a large portion of the fresh tuna and other fish consumed in Hawaii. “However, we hope that the White House will extend these recommendations to the Papahānaumokuākea Monument, where President Obama closed an area nearly the size of Alaska without a substantive public process. The longline fleet caught about 2 million pounds of fish annually from the expanded area before it was closed to our American fishermen. That was a high price to pay for a presidential legacy,” Mr. Martin continued.

The recommended changes come after an extensive and open public comment period in which the Interior Department solicited opinions from scientists, environmentalists, industry stakeholders, and members of the public. As part of the Interior Department’s review process, Secretary Zinke engaged with communities around the country affected by monument designations. This included a meeting with local fishermen in Boston who explained how the designation of the Northeast Canyons and Seamounts Monument has negatively impacted their livelihoods.

Critics of the monument designation include the regional fishery management councils; numerous fishing groups on the East Coast; and mayors from fishing communities on both coasts.

Additionally, fishery managers in Hawaii have been critical of expansions of both the Papahānaumokuākea Monument and the Pacific Remote Islands Monument. In an April 26 letter to Secretary Zinke, the Western Pacific Regional Fishery Management Council stated that marine monuments around Hawaii “impose a disproportionate burden on our fishermen and indigenous communities,” and noted that they have closed regulated domestic commercial fishing in 51 percent of the U.S. exclusive economic zone in the region.

Florida charter fishermen applauded the review, and a return to the process of established law that guides fishery management. “Destin, Florida was founded by commercial fishermen before the turn of the 20th century, and continues to be a major port for commercial and charter fishing fleets,” said Captain Gary Jarvis, president of the Destin Charter Boat Association. “To our fishing community, it’s extremely important to address closures of historical fishing grounds through the Magnuson-Stevens mandated regional council process.”

Curiously, although President Obama’s September 2016 monument designation prohibited sustainable low-impact commercial fishing, it allowed other extractive activities including recreational fishing, and even far more destructive activities such as the digging of trenches for international communications cables.

NCFC members supporting the Interior Department’s reported recommendations include:

  • Atlantic Offshore Lobstermen’s Association
  • Destin Charter Boat Association
  • Fisheries Survival Fund
  • Garden State Seafood Association
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • North Carolina Fisheries Association
  • Seafreeze Shoreside
  • Southeastern Fisheries Association
  • Western Fishboat Owners Association
  • West Coast Seafood Processors Association

Learn more about the National Coalition for Fishing Communities here.

 

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

MASSACHUSETTS: Gov. Baker team swims around marine monument controversy

Trump administration may reverse Obama decision creating monument

October 5, 2017 — BOSTON — In the course of the past year, a Connecticut-sized marine area off the coast of Cape Cod has been officially designated a national monument by one president and targeted for potential changes by the next.

It became subject to a new ban on commercial fishing, and now might have that ban removed.

Throughout the ping-ponging presidential decisions that have left the future of the Northeast Canyons and Seamounts Marine National Monument somewhat murky, the same concerns Gov. Charlie Baker first raised almost two years ago remain on the mind of his top environmental official.

“I think we’ve always pointed to the process, and making sure there was enough of a process that we know the right decisions have been made,” Energy and Environmental Affairs Secretary Matthew Beaton said. “We weren’t definitely saying the right or wrong decision was made. We definitely think there is value in conservation of those resources, but it’s just is the management plan that’s put out as part of it the right one, and I think we would know that answer through a more robust process, and that’s what we’ve always pointed to as having not occurred.”

In September 2016, President Barack Obama declared the canyons and seamounts area, about 130 miles southeast of Massachusetts, the Atlantic Ocean’s first marine monument. When the White House changed hands this year, it was one of 27 monuments the President Donald Trump charged his interior secretary with reviewing.

Trump’s executive order called on Secretary Ryan Zinke to study certain monuments designated under the Antiquities Act, including those where the Interior Department determined the decision “was made without adequate public outreach and coordination with relevant stakeholders.”

Read the full story from State House News Service at WWLP

NCFC Member Grant Moore Joins Sen. Lee, Chairman Bishop on Antiquities Act Panel in Washington

WASHINGTON (Saving Seafood) – October 4, 2017 – Grant Moore, president of NCFC member the Atlantic Offshore Lobstermen’s Association, joined Utah Senator Mike Lee and House Natural Resources Chairman Rob Bishop in a Heritage Foundation panel today on Capitol Hill to discuss national monuments and the Antiquities Act.

At the panel, “National Monuments and the Communities They Impact: Views Beyond the Beltway,” Mr. Moore criticized last year’s designation of the Northeast Canyons and Seamounts Marine National Monument by President Barack Obama, which he said lacked sufficient industry input and public deliberation. The monument designation affects fisheries worth more than $100 million, he said.

“We’re not opposed to monuments,” Mr. Moore said. “We’re opposed to the process in which it was done. It was not transparent. It was not open. If we hadn’t stumbled upon what was happening, we would have had a signature and we wouldn’t have had a say at all.”

Mr. Moore complimented Chairman Bishop for meeting with fishermen and listening to their story in a visit to New Bedford, Mass., last year arranged by Saving Seafood’s National Coalition for Fishing Communities. He also praised another meeting organized by the NCFC earlier this year in which Interior Secretary Ryan Zinke met with fishermen in Boston as part of his review of national monuments.

Secretary Zinke has reportedly recommended to President Donald Trump that commercial fishing be allowed in the Northeast Canyons and Seamounts Monument. The Atlantic Offshore Lobstermen’s Association, based in Newport, R.I., was one of eleven NCFC member organizations that publicly voiced its support for the Secretary’s reported recommendations. At today’s panel, Mr. Moore praised these recommendations, but called them a “Band Aid” that would not prevent the Antiquities Act from being misused to create large national monuments in the future.

“We need to reform the Antiquities Act so it’s not abused,” Mr. Moore said. “Nobody should have the power with the stroke of a pen to put people out of business. Nobody. It has to go through a public process.”

In his remarks, Senator Lee also called for changes to the Antiquities Act. “What’s needed is a wholesale reform of the Antiquities Act to return its monumental power back to where it belongs – to the people who reside closest to the proposed monuments,” he said. “Local residents must have ultimate say over whether their communities can be upended in this way.”

Chairman Bishop discussed the original intent of the Antiquities Act to save endangered antiquities while leaving the smallest footprint possible. But with national monuments now frequently encompassing hundreds of millions of acres, he argued that they are no longer leaving the smallest footprint possible.

“What started as something noble and grand turned into something far different, far less, and it is time now to reform it and make it useful again,” Chairman Bishop said. “The Antiquities Act desperately needs some kind of reform because it is being abused today.”

Watch the full panel here

NCFC Members Bring Concerns of Commercial Fishermen to House Hearing on Fisheries Bills

WASHINGTON (Saving Seafood) – September 26, 2017 – Members of Saving Seafood’s National Coalition for Fishing Communities testified this morning at a hearing of the House Natural Resources Subcommittee on Water, Power and Oceans on four bills that would modify federal fisheries management.

Jon Mitchell, mayor of the nation’s top-grossing fishing port New Bedford, Massachusetts and head of the New Bedford Harbor Development Commission, and Mike Merrifield, Fish Section Chairman of the Southeastern Fisheries Association (SFA) testified on the needs of commercial fishermen and reforms they would like to see to the Magnuson-Stevens Act.

Mayor Mitchell and Mr. Merrifield were joined by several other witnesses, including Assistant Administrator for NOAA Fisheries Chris Oliver, who testified on the reauthorization of the Magnuson-Stevens Act and the possibility of allowing additional flexibility in stock rebuilding. Earlier this year, commercial fishermen from around the country united to support Mr. Oliver’s appointment to NOAA.

At this morning’s hearing, the subcommittee considered two bills to amend and reauthorize the Magnuson-Stevens Act, as well as bills that would alter recreational fisheries and red snapper management.

While Mayor Mitchell called the Magnuson-Stevens Act “generally speaking…a success story” that has helped make America’s fisheries “at once among the world’s largest and most sustainable,” he called for more flexibility in fisheries management to allow fishermen to catch their full scientifically justified quota. In particular, he criticized the ten-year rebuilding requirement for overfished stocks.

“The ten-year rule is arbitrary, and its establishment was at odds with the underlying premise of regional management,” Mayor Mitchell said. “Regional councils should have the flexibility to set rebuilding timelines for stocks under their jurisdiction based on the unique biological and ecological conditions, and by giving appropriate weight to the economic wellbeing of fishing communities.”

The mayor was also critical of the Antiquities Act, by which presidents can designate large national monuments with little or no input from scientists and local stakeholders. The Act was recently used to create and enlarge several marine monuments, including the Northeast Canyons and Seamounts Marine National Monument in New England and the Papahānaumokuākea Marine National Monument in Hawaii.

“The continued use of a parallel process outside the Magnuson-Stevens Act, however well-meaning, ultimately works against the long-term interests of all stakeholders,” Mayor Mitchell said. “We all lose when the checks and balances employed in the council process are abandoned.  A decision-making process driven by the simple assertion of executive branch authority ultimately leaves ocean management decisions permanently vulnerable to short-term political considerations.”

Mr. Merrifield voiced skepticism of efforts to shift federally managed species over to state management, saying that states manage many fisheries in such a way that recreational fishermen get most or, in some cases, all of the fish.

“SFA firmly believes there should be no reward for exceeding [annual catch limits] and that all stakeholders – commercial, for-hire and private anglers – should each be held accountable for their impacts on our nation’s fish resources,” Mr. Merrifield testified. “We must resist changes to the law that could be interpreted to remove this accountability.”

Mr. Merrifield also testified about the SFA’s strong opposition to the RED SNAPPER Act, introduced by Rep. Garret Graves of Louisiana, which would give states more authority over red snapper management.

“The justification [for this legislation] is built entirely on the misconception that anglers can only fish for red snapper for 3 days (now 39 days) in federal waters in the Gulf of Mexico,” Mr. Merrifield said. “This is a false narrative. Anglers can fish 365-days per year for red snapper and all of the other 38 species in the Gulf reef fish complex. They can only kill red snapper on 3 (or 39) of those days. To be clear, there is unlimited fishing opportunity for recreational anglers in the federal waters of the Gulf which calls into question the actual need for, and defense of, this legislation.”

Read Mayor Mitchell’s full testimony here

Read Mr. Merrifield’s full testimony here