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Why Trump is defending a marine monument made by Obama

April 23, 2018 — The Trump administration is defending an underwater national monument off the coast of New England designated by former President Barack Obama in 2016, but not because it likes what Obama created.

After all, President Trump last year issued a rollback of the Bears Ears and Grand Staircase-Escalante national monuments in Utah, and his administration has argued that Obama and other recent presidents abused their authority in creating or expanding national monuments on large swaths of public land.

Trump wants fewer and smaller monuments, and Interior Secretary Ryan Zinke has recommended the president shrink the Northeast Canyons and Seamounts Marine National Monument that the administration is now backing in court.

So, what gives?

It’s all about presidential power.

“If anything, I would not be surprised if we see President Trump issue an executive order down the line eliminating or diminishing this very same marine monument,” said Justin Pidot, a law professor at the University of Denver who served as the deputy solicitor for land resources at the Interior Department during the Obama administration.

Read the full story at the Washington Examiner

 

Trump administration defends Atlantic marine monument against lawsuit

April 20, 2018 — The Trump administration has gone on the record in defense of Barack Obama’s 2016 establishment of the 5,000-square mile Northeast Canyons and Seamounts Marine National Monument, according to a defense filing in federal court this week.

Jeffrey H. Wood, acting assistant attorney general for the environment and natural resources division, entered a motion on Monday, April 16, to dismiss a lawsuit challenging Obama’s authority to make the monument designation filed by various fishing organizations. The lawsuit has been on hold since last spring after President Donald Trump ordered an official review of several National Marine Monuments established by Obama. That hold was lifted in mid-March and the plaintiffs are ready to pick up where they left off.

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

Read the full story at National Fisherman

 

Trump administration seeks dismissal of Northeast Canyons and Seamounts monument lawsuit

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

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

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

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

Read the full story at Seafood Source

 

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

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