Saving Seafood

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

New England marine monument gets bad review from lawmakers

March 17, 2017 — Members of subcommittee of the House Natural Resources Committee are objecting to the way President Barack Obama created a national marine monument off the coast of New England last year.

The subcommittee on water, power and oceans held an oversight hearing on the creation and management of marine monuments on Wednesday. Republican members say the creation of the Northeast Canyons and Seamounts Marine National Monument lacked significant local input and scientific scrutiny.

The monument is made up of nearly 5,000 square miles of underwater canyons and mountains. A group of commercial fishermen has filed a lawsuit challenging the legality of its creation.

Read the full story from the Associated Press at NH1

Congressional panel says New England marine monument hurts fishing communities

March 16, 2017 — Members of subcommittee of the House Natural Resources Committee are objecting to the way President Barack Obama created a national marine monument off the coast of New England last year.

The subcommittee on water, power and oceans held an oversight hearing Wednesday on the creation and management of marine monuments. Republican members say the creation of the Northeast Canyons and Seamounts Marine National Monument lacked significant local input and scientific scrutiny.

The monument is made up of nearly 5,000 square miles of underwater canyons and mountains. A group of commercial fishermen has filed a lawsuit challenging the legality of its creation.

The subcommittee is chaired by Doug Lamborn, a Colorado Republican. The subcommittee issued a statement on Wednesday that said the monument negatively impacts New England fishing communities.

Read the full story at the Portland Press Herald

New Bedford Mayor Jon Mitchell Voices Coalition Concern Over Marine Monuments at House Hearing

WASHINGTON – March 15, 2017 – The following was released by the National Coalition for Fishing Communities:

Today, New Bedford, Mass. Mayor Jon Mitchell delivered written testimony to the House Natural Resources Committee on behalf of Saving Seafood’s National Coalition for Fishing Communities. His testimony expressed serious concerns about the impacts of marine monuments, designated using executive authority under the Antiquities Act, on fishermen and coastal communities.

Mayor Mitchell had planned to testify in person before the Subcommittee on Water, Power, and Oceans as a representative of the NCFC, but was unable to attend the hearing in Washington due to snow and severe weather conditions in the Northeast.

In his testimony, Mayor Mitchell questioned both the “poorly conceived terms of particular monument designations,” as well as “more fundamental concerns with the process itself.” Mayor Mitchell also delivered a letter to the committee signed by eleven NCFC member organizations further detailing their concerns with the monument process and how fishing communities across the country are affected by monument designations.

The letter was signed by the Atlantic Offshore Lobstermen’s Association, the California Wetfish Producers Association, the Fisheries Survival Fund, the Garden State Seafood Association, the Hawaii Longline Association, the Long Island Commercial Fishing Association, the Menhaden Fisheries Coalition, the North Carolina Fisheries Association, the Southeastern Fisheries Association, the West Coast Seafood Processors Association, and the Western Fishboat Owners Association.

In addition, three NCFC member organizations, the Atlantic Offshore Lobstermen’s Association, the Hawaii Longline Association, and the North Carolina Fisheries Association submitted individual letters outlining in further detail their opposition to marine monuments.

Mayor Mitchell was also critical of the monument designation process, by which a president can close off any federal lands or waters on a permanent basis using executive authority under the Antiquities Act. He instead praised the Fishery Management Council process created by the Magnuson-Stevens Act, which he said affords greater opportunities for input from stakeholders, scientists, and the public.

“The monument designation process has evolved effectively into a parallel, much less robust fishery management apparatus that has been conducted entirely independent of the tried and true Fishery Management Council process,” Mayor Mitchell said. “It lacks sufficient amounts of all the ingredients that good policy-making requires: Scientific rigor, direct industry input, transparency, and a deliberate pace that allows adequate time and space for review.”

Mayor Mitchell used his testimony to call attention to issues affecting fishing communities across the country, including New England fishermen harmed by the recently designated Northeast Canyons and Seamounts Marine National Monument, and Hawaii fishermen harmed by the expansion of the Papahānaumokuākea Marine National Monument. He also expressed the concerns of fishermen in Mid-Atlantic, South Atlantic, and Pacific waters in dealing with the monument process.

Mayor Mitchell concluded by calling on Congress to integrate the executive branch’s monument authority with the established processes of the Magnuson-Stevens Act, ensuring that the long-term interests of all stakeholders are accounted for.

“This Congress has an important opportunity to restore the centrality of Magnuson’s Fishery Management Councils to their rightful place as the critical arbiters of fisheries management matters,” Mayor Mitchell said. “Doing so would give fishing communities much more confidence in the way our nation approaches fisheries management. And it could give the marine monument designation process the credibility and acceptance that it regrettably lacks today.”

The mayor spoke at the hearing on behalf of the NCFC. The city of New Bedford, as Mayor Mitchell stated in his testimony, was instrumental in the founding of the Coalition, providing an initial seed grant for its creation.

Read Mayor Mitchell’s full testimony here

Read the NCFC letter here

Read the Atlantic Offshore Lobstermen’s Association letter here

Read the Hawaii Longline Association letter here

Read the North Carolina Fisheries Association letter here

New Bedford Mayor Jon Mitchell set to testify to Congress about impact of marine monument

March 15, 2017 — Weather permitting, Mayor Jon Mitchell on Wednesday will be in Washington giving testimony to Congress about an underwater marine monument which former President Obama created with a stroke of the pen in 2016 over the protests of the fishing community.

The Northeast Canyons and Seamounts Marine National Monument spans nearly 5,000 square miles 150 miles off Cape Cod, and it was hailed by environmentalists for preserving enormous underwater mountains and vast, deep canyons only now being explored.

Three years earlier, an underwater remotely-operated vehicle sent back pictures of incredible life forms and geological features.

“These images, shared by the National Oceanic and Atmospheric Administration, demonstrated to the world that this bit of the Atlantic was an ecological hot spot, a veritable underwater Serengeti,” said the Natural Resources Defense Council.

The NRDC was among the leaders of many organizations that jumped at the opportunity to preserve the monument against human activity, fishing in particular.

Read the full story at the New Bedford Standard-Times

Fishermen sue Trump over monument Obama created

March 8, 2017 — A commercial fishing coalition is reportedly suing the Trump administration over a massive marine monument that was created by President Obama off the coast of New England last year.

The fishermen claim that the president’s designation of the Northeast Canyons and Seamounts Marine National Monument back in September — under the Antiquities Act — was a “unilateral” action that ultimately wound up causing economic distress and hardship for locals.

In their lawsuit, filed Tuesday in federal court, the groups requested that the move be ruled as unlawful and asked that President Trump not move forward with Obama’s decision.

“The Northeast Canyons and Seamount National Marine Monument purports to designate a monument in the ocean 130 miles from the nation’s coast. This area of the ocean is not ‘lands owned or controlled’ by the federal government,” the suit says.

“Therefore, the Antiquities Act does not authorize the President to establish the Northeast Canyon and Seamounts Marine National Monument.”

Read the full story at the New York Post

New England fishermen challenge Obama’s marine national monument

March 7, 2017 — The following was released by the Pacific Legal Foundation: 

A coalition of New England fishermen organizations filed suit today over former President Barack Obama’s designation of a vast area of ocean as a national monument — a dictate that could sink commercial fishing in New England.

The organizations filing the lawsuit are the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fisherman’s Alliance, and Garden State Seafood Association.

They are represented, free of charge, by Pacific Legal Foundation, a watchdog organization that litigates nationwide for limited government, property rights, and a balanced approach to environmental regulations.

Watch this brief video

The lawsuit challenges President Obama’s September 15, 2016, creation of the Northeast Canyons and Seamounts Marine National Monument, 130 miles off the coast of Cape Cod.

“By declaring over 5,000 square miles of ocean — an area the size of Connecticut — to be a national monument, President Obama set this entire area off-limits to most fishing immediately, with what remains of fishing opportunities to be phased out over the next few years,” said PLF attorney Jonathan Wood. “This illegal, unilateral presidential action threatens economic distress for individuals and families who make their living through fishing, and for New England communities that rely on a vibrant fishing industry.”

A monumental abuse of presidential power

President Obama claimed to be relying on the federal Antiquities Act. But as today’s lawsuit makes clear, his decree far exceeded the authority granted to presidents by that 1906 statute. The Antiquities Act was enacted to protect ancient antiquities and human relics threatened by looting, giving the president broad powers to declare monuments consistent with that purpose.

However, the statute permits creation of national monuments only on “lands owned or controlled” by the federal government. Moreover, any designation must be “confined to the smallest area” needed to protect the artifacts or objects that the monument is intended to safeguard.

“President Obama violated both of those core requirements of the law when he created the Northeast Canyons and Seamounts Marine National Monument,” Wood noted. “Most fundamentally, the ocean, where the monument is located, is not ‘land,’ nor is it federally owned or controlled. The monument designation is also not confined to the smallest necessary area; on the contrary, its sprawling boundaries bear no relation to the underwater canyons and seamounts it is supposed to protect. In short, the designation of a vast area of ocean as a national monument was a blatant abuse of presidential power.

“Unfortunately, the Antiquities Act has morphed into a favorite tool for presidents to abuse,” Wood continued. “Today, presidents use it to place vast areas of federal lands off limits to productive use with little input. Monument designations are particularly common at the end of a chief executive’s term, once the president can no longer be held accountable.

“Former President Obama was the king of Antiquities Act abuse, invoking it more times than any prior president and including vastly more area within his designations than any predecessor,” said Wood. “Our lawsuit is intended to rein in abuse of the Antiquities Act and underscore that it is not a blank check allowing presidents to do whatever they want. The creation of the Northeast Canyons and Seamounts Marine National Monument is a clear example of a president exceeding his authority, and we are suing to make sure this edict is struck down and the rule of law prevails.”

No environmental justification

“Beyond its violation of the law, the monument designation also threatens to harm the environment by pushing fishermen to other, less sustainable fisheries, and increasing conflicts between their gear and whales,” said Wood. “The president’s proclamation cites protection of coral as one of the reasons for the monument. But the corals remain pristine after more than four decades of commercial fishing because fishermen know where the corals are, and carefully avoid them, out of environmental concern and because coral destroys their gear.

“Instead of punishing New England’s fishermen — and shutting down their businesses — federal officials should be acknowledging their positive role as stewards of the ocean’s environmental resources,” Wood added. “This is shown in their laudable efforts to promote sustainability. PLF’s clients, for instance, have spent years working to improve their methods and equipment and to retire excess fishing permits, knowing that these costly sacrifices will provide long-term benefits to their industry and the environment. The monument designation undermines those sustainability efforts, by depriving the fishermen of any reward for their sacrifices.”

With a ‘stroke of the pen,’ Obama’s illegal action ‘puts men and women out of work’

“We are fighting every day to keep the men and women in the commercial fishing industry working, but with one stoke of President Obama’s pen — and his abuse of the Antiquities Act — they are out of work,” said Beth Casoni, executive director of the Massachusetts Lobstermen’s Association.

“The monument designation will have a negative rippling effect across the region as fishermen will have to search for new fishing grounds — only to find they are already being fished,” she said. “The shoreside businesses will also feel the impacts, as fishermen have to go further and further to harvest their catch, leaving less funds to reinvest in their businesses.

“We are extremely grateful to have PLF at our side as we fight back against this legal travesty, which is causing so much hardship for the commercial fishing industry here in the Northeast.”

The case is Massachusetts Lobstermen’s Association v. Ross. More information, including the complaint (see attached), a video, photos, podcast, and an explanatory blog post, is available at: www.pacificlegal.org.

Read the full legal filing here 

About Pacific Legal Foundation

Pacific Legal Foundation, America’s most powerful ally for justice, litigates in courts nationwide for limited government, property rights, individual liberty, and a balanced approach to environmental regulations. PLF represents all clients free of charge.

Tred Barta: President Trump Should Stop the Obama Attack on New England Fisherman

February 28, 2017 — In the waning days of his administration, Barack Obama decided to seriously cripple the American fishing industry. By executive order, the former president designated a vast underwater expanse off the coast of New England as the nation’s first aquatic national monument. This decision, driven by evidence-free environmental concerns, effectively banned all commercial fishing in the area.

It’s well within President Trump’s powers to modify this decision, and he ought to do so immediately. Left alone, this designation will undermine the regional economy and deprive countless families of their livelihoods.

The monument, officially announced in September, covers about 5,000 square miles of ocean located 130 miles from Cape Cod. For over 40 years, commercial fishermen have harvested this area for crab, squid, swordfish, tuna, and other high-demand seafood. It’s particularly rich in lobster, of which some 800,000 pounds are caught every year.

This order ends all that activity. Some fishing companies had just 60 days to leave the area.

This exodus will bring economic ruin all along the coast. Bill Palombo, a Newport, Rhode Island lobsterman who runs three boats in the monument waters, says he expects to “just go out of business.” Jon Williams runs Atlantic Red Crab, which employs 150 workers in New Bedford, Massachusetts, and he says the drop in harvests will force him to “maybe sell my business”.

The central promise of the Trump White House is the protection of solid jobs for working families. This order kills exactly those positions: stable, well-paid, immune to outsourcing, and available to workers without a college degree. In the Maine lobster industry, which supports 6,300 local jobs, the average starting salary is over $50,000.

Read the full story at Breitbart