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Fishermen lawsuit against marine monument to progress slowly

June 9, 2017 — A fishermen group’s lawsuit against the creation of a marine monument off New England is likely to progress slowly while the federal government reviews national monuments around the country.

President Barack Obama created the Northeast Canyons and Seamounts Marine National Monument in September using executive authority. A coalition of fishing groups filed a lawsuit challenging its creation in federal court in March.

Since then, President Donald Trump has ordered the review of more than two dozen national monuments, including the marine monument. Attorneys for the fishermen who sued say their case is likely to proceed slowly since it could be made irrelevant by Trump’s review of the monuments.

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

Fishermen hoping to reel in Obama-era conservation

May 31, 2017 — New England fishermen are looking for a seat at the table as the Trump administration mulls whether to make any adjustments to an Obama-era marine monument off Cape Cod that has drawn criticism for the potential impact on the fishing industry.

“The monument was put in place with probably less than full input by the fisheries’ people,” New England Fishery Management Council Chairman Dr. John Quinn said. “In reviewing it, we should be included in this process.”

Quinn is one of eight signatories of a letter drafted earlier this month and sent to Secretary of the Interior Ryan Zinke and Secretary of Commerce Wilbur L. Ross Jr. asking the Trump administration to consult with the nation’s eight regional fishery management councils before taking any action.

Trump signed an executive order last month calling for a review of national monument designations made under the Antiquities Act since Jan. 1, 1996. The order, dated May 1, calls for an interim report to the president within 45 days and a final report within 120 days.

The Northeast Canyons and Seamounts Marine National Monument, created by former President Barack Obama last September, protects an area roughly the size of Connecticut 130 miles off the coast of Cape Cod.

Read the full story at the Boston Herald

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

Northeast marine monument under review, Massachusetts officials hoping for modifications

May 24, 2017 — The state’s top environmental official hopes the Trump administration modifies President Barack Obama’s 2016 designation of a marine monument area off the Massachusetts coast, which is on the Trump administration’s list of areas under review.

“Yeah, I think modified in the sense that it echoes what we put forward in our original comment letter, recognizing the work that went into the ocean managment plan and the public process around this issue,” Energy and Environmental Affairs Secretary Matt Beaton told the News Service.

Environmental protection activists last year applauded Obama’s decision, made under powers granted through the Antiquities Act, to create the Northeast Canyons and Seamounts Marine National Monument covering a more than 4,900 square mile area southeast of Cape Cod. The designation came with strict limits on fishing that were greeted with pushback from port communities and some elected officials, including Gov. Charlie Baker, whose administration knocked an alleged lack of public process, potential negative impacts on commercial fishing, and conflicts with existing marine fisheries planning processes.

An executive order issued by Trump on April 26 called for a review of all monument declarations made since Jan. 1, 1996 that cover more than 100,000 acres or where the secretary of the U.S. Department of the Interior determines that the designation “was made without adequate public outreach and coordination with relevant stakeholders.”

Read the full story at WWLP

SEAN HORGAN: Trump take on marine monuments may be good for Cashes Ledge

May 1, 2017 — Last week, President Trump’s declaration that his Interior Department will apply the gimlet eye to the newly designated protected areas — particularly those born of the dreaded single-organism parentage, Antiquitatum Actum — was quickly followed by reports that the prez found his new gig required more heavy lifting than expected.

It’s as if his emergence onto the ramparts of the hostilities over the widespread and autonomous creation of the national monuments areas by the Obama administration finally, utterly convinced Trump that being the fearless leader really is a beast.

Trump’s grand entrance should inflame the narrative even more (if that’s possible), re-energizing all of those city-states — conservationists, fishing stakeholders, energy and mining companies and local communities — spread across Gatsby’s dark fields of the republic.

It also might be better news for one New England area that wasn’t designated than it is for one that was.

Trump’s edict may or may not result in the rollback of the Northeast Canyons and Seamounts Marine National Monument, also known as the New England Coral Canyons and Seamounts area, located about 150 miles off Cape Cod.

Read the full opinion piece at the Gloucester Times

Targeted monuments are on land, in sea

April 28, 2017 — President Trump’s call to review 24 national monuments established by three former presidents puts in limbo protections on large swaths of land that are home to ancient cliff dwellings, towering sequoias, deep canyons and ocean habitats where seals, whales and sea turtles roam.

Trump and other critics say presidents have lost sight of the original purpose of the law created by President Theodore Roosevelt that was designed to protect particular historical or archaeological sites rather than wide expanses. Here’s a quick look at five of the monuments on the list:

Northeast Canyons and Seamounts Marine National Monument:

Designated by President Barack Obama in September 2016, the Atlantic Ocean’s first marine national monument consists of nearly 5,000 square miles of underwater canyons and mountains off the New England coast. The designation was widely praised by environmentalists as a way to protect important species and habitat for whales and sea turtles while reducing the toll of climate change.

The designation closed the area to commercial fishermen.

Papahanaumokuakea Marine National Monument:

This remote monument northwest of Hawaii’s main islands was created by President George W. Bush in 2006 and was quadrupled in size last year by President Obama. The nearly 583,000-square-mile safe zone for tuna, the endangered Hawaiian monk seal and thousands of other species is the world’s largest marine protected area, more than twice the size of Texas.

Obama pointed to the zone’s diverse ecology and cultural significance to Native Hawaiian and early Polynesian culture as reasons for expanding the monument.

Read the full story from the Associated Press at the Portland Press Herald

Trump review of national monuments includes New England Coral Canyons

Apri 27, 2017 — President Donald Trump’s latest executive order threatens newly won protections for an underwater national monument located 150 miles off the coast of Cape Cod.

With a stroke of a pen Wednesday, Trump ordered the Interior Department to review a number of monuments created by former President Obama under the Antiquities Act and identify ones that can be rescinded or resized as part of a push to open up more federal lands to drilling, mining and other development.

One of the monuments Obama created is the Northeast Canyons and Seamounts Marine National Monument, also known as the New England Coral Canyons and Seamounts area.

It is a massive undersea area where the continental shelf drops off into the deep waters of the Atlantic Ocean, In those deep waters, four extinct underwater volcanoes, called seamounts, provide habitat for a number of cold-water corals that are hundreds, and some thousands, of years old.

The ecosystem provides a breeding and feeding ground for a number of fish and other marine animals, including whales.

In an executive order signed on Sept. 15, Obama said, “These canyons and seamounts, and the ecosystem they compose, have long been of intense scientific interest.”

Read the full story at The Connecticut Mirror

Environmentalists vow to fight Trump on Maine monument

April 26, 2017 — President Trump on Wednesday will issue a sweeping executive order to review as many as 40 national monument designations made by his three predecessors, an unprecedented move that could curtail or rescind their protected status.

It was unclear which areas would come under review, but the list could include monuments designated last year by President Barack Obama, including thousands of acres of pristine woods in northern Maine and sensitive marine habitats in the submerged canyons and mountains off Cape Cod.

Environmental groups immediately questioned the president’s legal authority to reverse a previous president’s designation, but the Trump administration has suggested that some of the restrictions on mining, logging, and other commercial and recreational activities have gone too far.

“The review is long overdue,” US Interior Secretary Ryan Zinke said at a White House news conference.

“No one can say definitely one way or another whether a president can undo an earlier president’s designation, because the issue has never been litigated,” said New Bedford Mayor Jon Mitchell, who has opposed Obama’s closing of 5,000 square miles of seabed to fishing by designating the Northeast Canyons and Seamounts Marine National Monument, about 130 miles off Cape Cod.

Mitchell said there is precedent for presidents to change the boundaries and activities within a national monument. President Woodrow Wilson reduced by half the size of the Mount Olympus National Monument in Washington, created by President Theodore Roosevelt.

“Intuitively, one would assume that if the president can establish a monument, the president can undo an earlier establishment,” he said.

Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., said the president wouldn’t have to rescind Obama’s designation to address the concerns of the fishing industry.

“With the stroke of a pen, he could just say there’s no longer a ban on commercial fishing,” he said.

Read the full story at the Boston Globe

Proposed closure of coral grounds in Gulf of Maine has lobster industry on edge

April 10, 2017 — Over the past 10 years, the issue of how to protect endangered whales from getting tangled in fishing gear has been a driving factor in how lobstermen configure their gear and how much money they have to spend to comply with regulations.

Now federal officials have cited the need to protect deep-sea corals in a proposal to close some areas to fishing — a proposal that, according to lobstermen, could pose a serious threat to how they ply their trade.

“The [potential] financial impact is huge,” Jim Dow, a Bass Harbor lobsterman and board member with Maine Lobstermen’s Association, said Wednesday. “You’re talking a lot of the coast that is going to be affected by it.”

The discovery in 2014 of deep-sea corals in the gulf, near Mount Desert Rock and along the Outer Schoodic Ridges, has prompted the New England Fisheries Management Council to consider making those area off-limits to fishing vessels in order to protect the coral from damage. According to Maine Department of Marine Resources, fishermen from at least 15 harbors in Hancock and Washington counties could be affected by the proposed closure.

 But what has fishermen on edge the most about the concept is that regulators don’t know how much more coral has yet to be discovered in the gulf. They fear the proposed closure could set a precedent that would result in even more areas becoming off-limits to Maine’s $500 million lobster fishery, which is the biggest fishery in Maine and one of the most lucrative in the country.

“They could probably find coral along the entire coast of Maine, outside of 3 miles [in federal waters], if they start hunting for it,” David Cousens, a South Thomaston fishermen and president of Maine Lobstermen’s Association, told more than 100 fishermen last month at a meeting on the topic at the annual Maine Fishermen’s Forum in Rockport.

Terry Stockwell, a senior DMR official who represents Maine on the council and other fishing regulatory entities, said the state has been lobbying the council to consider making an exception for the lobster trap fishery at the proposed closure sites in the gulf but so far without success. Traps are lowered and then raised from the bottom and so should cause less damage to coral than other types of gear such as scallop dredges, which are dragged along the bottom, according to Stockwell and others who support making lobster traps exempt.

“Twice I’ve gone down in flames,” Stockwell said of his efforts to date to get the council to agree to an exemption for lobster trap gear.

Further offshore in the Gulf of Maine, beyond the reach of the small boats that make up Maine’s lobster fishing fleet, the council also is proposing coral-related fishing closures in parts of the Jordan and Georges basins.

Outside the Gulf of Maine, roughly 100 to 200 nautical miles southeast of Cape Cod, are 20 underwater canyons at the edge of the continental shelf, where coral closures also could be enacted. Five of those canyons, along with four seamounts off the continental shelf, are part of the Northeast Canyons and Seamounts Marine National Monument, which former President Obama created last September and which is being challenged in federal court by the Pacific Legal Foundation.

Read the full story at the Bangor Daily News

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

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