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Will Trump Be Able To Undo Papahanaumokuakea?

November 28, 2016 — In the months leading up to the Nov. 8 election, President Barack Obama signed a series of proclamations to dramatically increase the amount of land and water that is federally protected from commercial fishing, mining, drilling and development.

On Aug. 24, he established a nearly 90,000-acre national monument in the Katahdin Woods of Maine. 

Two days later, Obama expanded Papahanaumokuakea Marine National Monument around the Northwestern Hawaiian Islands by 283 million acres, making it the world’s largest protected area at the time.

And on Sept. 15, he created the first national monument in the Atlantic Ocean, protecting more than 3 million acres of marine ecosystems, seamounts and underwater canyons southeast of Cape Cod, Massachusetts.

Obama has used a century-old law called the Antiquities Act to federally protect more land — 550 million acres and counting — than any other president. He’s established 24 new national monuments in at least 14 states since taking office eight years ago, with the bulk of the acreage in Papahanaumokuakea and the Pacific Remote Islands.

But with Republican Donald Trump’s surprise upset of Democrat Hillary Clinton, attention is turning to what Trump plans to do when he takes office in January and whether he will seek to undo or at least modify the national monuments that Obama created.

Advocates for commercial fishing interests on the East Coast have started nudging policymakers to consider what changes the next administration could make. But West Coast and Hawaii industry groups are still gathering information and developing plans.

Saving Seafood, a nonprofit that represents commercial fishing interests, has already started pushing policymakers to consider what changes the next administration could make to the Northeast Canyons and Seamounts Marine National Monument. 

Saving Seafood Executive Director Robert Vanasse told the Associated Press earlier this month that he thinks it would be “rational” to allow some sustainable fishing in the monuments.

Read the full story at the Honolulu Civil Beat

Remote and Vast, Our New Marine Monuments Are Difficult to Protect

November 23, 2016 — Unable to constantly patrol the waters, fishery enforcement agencies need new methods and technologies for monitoring [marine monument] areas.

Just west of the Hawaiian Islands sits one of the largest marine protected areas in the world. In August, President Obama tripled the size of Papahānaumokuākea Marine National Monument, which now stretches across 582,578 square miles of ocean, an area nearly four times the size of California. The monument is home to colorful coral reefs teeming with marine life and encompasses rocky outcrops where some 5.5 million birds, including the Laysan Duck and Short-tailed Albatross, breed every year.

More than 5,000 miles east of the warm Pacific waters of Hawaii, in the frigid northern Atlantic Ocean, sits the 4,913-square-mile Northeast Canyons and Seamounts Marine National Monument, which Obama designated in September. There, 130 miles off the coast of Massachusetts, underwater ravines deeper than the Grand Canyon contain cold-water coral reefs, among the world’s most delicate ecosystems, and the water’s surface serves as the winter home of Maine’s Atlantic Puffins.

The monuments are major victories for environmentalists—with a swipe of his pen, the President banned all commercial fishing within the monuments’ boundaries and outlawed all gas and oil exploration. Protecting marine life in both oceans will ultimately support fisheries and provide refuge for wildlife adapting to a changing climate.

But it’s one thing to designate a monument, and it’s quite another to actually enforce the promised protections. The two new monuments are vast and remote, and authorities already struggle to detect illegal activity in marine protected areas that are smaller and closer to land. In 1997 and 2004, nets and other commercial fishing gear were uncovered in the Monitor National Marine Sanctuary off the coast of North Carolina. Even worse, evidence of fishing with explosives, bleach, and even cyanide has been found in the National Marine Sanctuary of American Samoa.

That the new monuments are so large and located in such distant waters presents an even bigger challenge for the federal agencies responsible for their monitoring. Ideally, crewed vessels would police the areas, says Lisa Symons, resource protection coordinator at the National Oceanic and Atmospheric Administration (NOAA) Office of National Marine Sanctuaries. A physical presence would deter illegal fishing or mining and allow authorities to arrest or capture violating vessels. But this is almost impossible considering the locations of the new monuments—offshore and hundreds of miles from cities, towns, or villages.

Read the full story at Audubon

Fishing industry seeks reversal of Atlantic Marine Monument

November 21, 2016 — The Gloucester Fishing Commission isn’t ready yet to employ a full-court press on President-elect Donald Trump to reverse the Obama administration’s creation of a Marine National Monument in the canyons and seamounts off the coast of southern New England.

It’s not that the commission members think it’s a bad idea. They just think it’s too early to start beating that particular drum.

“There’s already a lot of talk and the group letters will be coming along like before,” said commission Chairman Mark Ring. “But I don’t think we should be doing a letter now. It’s too premature.”

“Let’s wait until he gets into office,” said Angela Sanfilippo.

Other fishing stakeholders around the country have said they hope to appeal to Trump’s oft-stated intent to reverse any of the Obama administration’s policies and decisions he deems to be executive overreach.

“It’s a new day,” said fishing industry advocate Robert Vanasse of the Saving Seafood website. “I would anticipate there would be a desire to address monuments. Whether it’s the radical step of revoking the designation, or modifying it to allow non-destructive, sustainable fishing to take place, which we think is rational, I don’t know.”

Read the full story at the Gloucester Times

Fishermen hope Trump will end Atlantic Ocean’s first marine national monument

November 16, 2016 — The following is excerpted from an Associated Press story that ran in CBS News:

PROVIDENCE, R.I. – New England fishermen who opposed President Barack Obama’s creation of the Atlantic Ocean’s first marine national monument are now hopeful President-elect Donald Trump will abolish it, shrink it or allow some fishing inside it.

While Trump, a Republican, hasn’t specifically addressed the monument, he has said he would undo Obama’s policies that he views as executive overreach.

Obama, a Democrat, has protected more land and water using national monument designations than any other president. The designation can be used to prevent activities such as drilling, mining or commercial fishing to preserve landmarks, natural resources or other areas of historic or scientific value.

Fishing industry advocate Robert Vanasse said that with a Trump White House and GOP-controlled House, “It’s a new day.”

“I would anticipate there would be a desire to address monuments,” said Vanasse, executive director of Saving Seafood. “Whether it’s the radical step of revoking the designation, or modifying it to allow non-destructive, sustainable fishing to take place, which we think is rational, I don’t know.”

The new Northeast Canyons and Seamounts Marine National Monument consists of nearly 5,000 square miles of underwater canyons and mountains off the New England coast. Obama created it in September using executive authority under the Antiquities Act, which closed the area to most commercial fishing on Monday.

Read the full story from the Associated Press at CBS News

New England Fishery Management Council Previews Deep-Sea Coral Amendment Analysis; Addresses Marine National Monument Overlap Issues

November 16, 2016 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council received a briefing yesterday from its Habitat Committee regarding preliminary Deep-Sea Coral Amendment analyses covering: (1) potential impacts of fishing activity on corals; and (2) available fishery effort and revenue data.

The Council also made two decisions related to the Northeast Canyons and Seamounts Marine National Monument, which President Obama established on Sept. 15, 2016 using his authority under the Antiquities Act of 1906. Although the President designated the monument, his proclamation directed the Secretary of Commerce, in consultation with the Secretary of the Interior, to manage the activities and species within the area under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act and other federal laws.

In an Oct. 21 letter to the Council, John Bullard, head of the National Marine Fisheries Service’s Greater Atlantic Regional Fisheries Office, asked the Council to amend its fishery management plans to “reflect the action of the President and implement the appropriate fishing regulations for the Marine National Monument.”

The Council discussed the request and decided not to develop its own amendment since it did not designate the monument. This means the Commerce Department will fulfill the President’s charge through a secretarial amendment.

Bullard said public hearings would be held under the secretarial action and any proposed amendments would be sent to both the New England and Mid-Atlantic Councils for “consideration and comment.”

The Council also debated a motion it had postponed during its September meeting to move all proposals in the Deep-Sea Coral Amendment that overlap with the Marine National Monument to the “considered but rejected” portion of the amendment.

After considerable debate, the Council voted to keep the overlapping alternatives in place for further consideration and analysis, noting that it was important to move forward with the coral protection process it had begun before the monument was designated.

Regarding the current list of alternatives in the coral amendment, the Council did vote to add an additional option to the mix.

For background, the Council is proposing to protect corals through the development of two types of coral zones – discrete areas and broad areas, which are defined as follows.

  • “Discrete Areas” designate narrowly defined coral zones in the Gulf of Maine, for single canyons, and on individual seamounts; and
  • “Broad Areas” designate a coral zone along the entire shelf-slope region between the US/Canada Exclusive Economic Zone boundary and the New England/Mid-Atlantic Council boundary.

Broad zones are meant to prevent the expansion of fishing effort into additional deep-water habitats. The Council is considering various minimum depth contours for defining these zones.

The Council further debated whether to continue developing potential lobster trap/pot restrictions in the inshore Gulf of Maine coral zones, which are offshore the state of Maine’s waters near the Outer Schoodic Ridge area and west of Mt. Desert Rock.

The Maine Department of Marine Resources and Maine lobstermen requested that the Council provide an exemption for lobster and crab fishing within these zones, arguing that the inshore lobster fishery in this area is the primary economic driver for two Downeast Maine coastal counties encompassing at least 15 harbors.

The Council acknowledged the importance of these coral zone areas to the lobster fishery but was not prepared to completely eliminate lobster gear restrictions from consideration at this stage of the amendment process. Instead, it will continue to develop inshore Gulf of Maine coral zone alternatives that may restrict these gears but will include an option to exempt lobster trap/pot fishing.

Could Trump undo New England national monuments?

November 14, 2016 — Opponents of new national monuments in Maine’s North Woods and off coastal New England are asking whether Donald Trump could reverse those decisions as part of his campaign pledge to overturn President Obama’s executive orders.

Although preliminary, the discussions illustrate how Trump’s election is already affecting debate on conservation and environmental issues.

President-elect Trump vowed repeatedly during his campaign to repeal the Obama policies he viewed as executive overreach. Trump often made those comments in relation to issues such as immigration, foreign policy or environmental regulation.

Fishermen opposed to Obama’s designation of nearly 5,000 square miles of underwater ecosystem off the coast of southern New England – known as the Northeast Canyons and Seamounts Marine National Monument – also are exploring their options, whether through Trump or the Republican-controlled Congress.

“In the immediate aftermath of Donald Trump’s election, I would say there is a lot of talk about what can be done,” said Robert Vanasse, executive director of the National Coalition for Fishing Communities, which represents fishing organizations and businesses. Vanasse classified the discussions as “informal conversations,” but added: “Clearly the companies and fishermen that have been economically damaged by the actions of the Obama administration are thinking about what in this new (political) environment – president, House and Senate – might be possible.”

Obama designated Northeast Canyons and Seamounts National Monument on Sept. 15, protecting an underwater mountain range that is home to many rare and endangered species.

Read the full story at the Portland Press Herald

Lobster fishermen face a monumental problem

October 3, 2016 — NEWPORT, R.I. — The Newport-based fishing vessel Freedom has been Marc Ducharme’s home away from home since it was built in 1984.

And for the better part of those 32 years, Ducharme, the boat’s captain, and his crews of four to five men have spent their time pulling lobster traps from the waters around three underwater canyons near the edge of the continental shelf, about 125 miles southeast of Nantucket. The crew makes 25-30 runs a year — each lasting about a week — to the lucrative lobster grounds formally referred to as the Northeast Canyons on George’s Bank.

Each trip nets them about 6,000 pounds of lobster, Ducharme said Wednesday, standing in the cockpit of the 72-foot-long vessel docked at the Newport state fishing pier.

“I’ve probably spent more time out there in those canyons than I have on land,” Ducharme said, pointing to the fishing area on a nautical chart.

The time he spends in the 25-mile area where his 1,800 lobster pots are located is growing short, and not just because, at 58 years old, Ducharme is nearing retirement from his sea-faring livelihood.

Using executive authority established by the Antiquities Act of 1906, President Barrack Obama on Sept. 15 designated a 4,900-square- mile area the Northeast Canyons and Seamount Marine National Monument. That area includes the sea canyons, where Ducharme plies his trade. The designation will eventually prohibit all commercial fishing there.

In a last-minute compromise, the Obama administration reduced the proposed size of the monument site and granted a seven-year exemption for lobster and red crab fishermen in the monument area.

Even though he is likely to retire before then, Ducharme is not happy about the eventual ban.

“This is exclusively where I fish, because it’s good,” said Ducharme, who added he catches more than 150,000 lobsters a year. “This (area) has been my life. It’s how I earned my living, how I supported my family. I’m more against the way they went about this.”

Read the full story at the Newport Daily News

Commercial Fishermen Question Obama’s Ocean ‘Monument’ Preserve

September 29, 2016 — Commercial fishing boat owners and groups are reacting to the executive action taken by President Obama that created a marine national preserve in the North Atlantic on Sept. 15. They say that banning commercial fishing there is unnecessary, since the fishing industry has already been working with government agencies on conservation measures. Plus, they fear the preserve will be expanded in the future, like the recent quadrupling of the Papahānaumokuākea Marine National Monument off the Hawaiian islands.

The new 4,193-square-mile Northeast Canyons and Seamounts Marine National Monument is located about 130 miles southeast of Cape Cod.

Environmentalists praise the fact that the preserve will also protect marine life from all drilling. However, the fishing angle is another matter, according to industry organizations such as the Garden State Seafood Association.

“All commercial fishing is excluded from the area, but fisheries in the top 10 to 20 feet, no way in the world they’re going to impact the bottom,” pointed out Nils Stolpe, communications director of the association.

Such is the case for a lot of the Barnegat Light-based boats, he said, for example, longliners and some hook-and-line tuna boats. “They’re fishing 3 miles up above all of this on the ocean floor.”

“Longliners are probably affected more than any of our other fisheries up there” by the declaration, said Ernie Panacek, general manager at Viking Village Commercial Seafood Producers in Barnegat Light. “Our bottom longlining boats and surface longlining for sword and tuna boats are going to be affected up there.”

Read the full story at The Sand Paper

Fishermen considering legal steps to alter marine monument in Northeast US

September 22, 2016 — Fishing organizations, including those representing lobster fishermen in the Northeast United States, have expressed outrage over U.S. President Barack Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument on 15 September.

Several groups representing the fishing and seafood industries are investigating the possibility of taking legal action in the hopes of altering the monument’s boundaries or challenging the president’s authority to declare national monuments through executive order under the legal umbrella of the Antiquities Act.

“We’re looking forward to working with Massachusetts’ congressional delegation, and also meeting with the governor next week to get continued support to challenge the monument, even to the point of getting the attorney general’s office to look at the legality of the executive order,” Beth Casoni, executive director of the Massachusetts’ Lobstermen’s Association said. “My understanding is that no presidential executive order has been overturned, but it has been amended.”

Casoni said that about 100 members of her association fish in the area designated for the monument, with many hundreds more fishing there from other parts of the U.S. While the monument’s designation allows lobster and crab fishing to continue in the monument’s area for seven more years before the fishery is closed off, Casoni said the loss of a “highly valuable area” will be another harsh blow for New England fishermen.

“We’re not giving up this fight,” she said.

Read the full story at Seafood Source

NEW BEDFORD STANDARD-TIMES: Seamounts didn’t need protection from fishermen

September 20, 2016 — President Barack Obama is certainly sensitive enough to know the difference between, say, Republican Gov. Mike Pence of Indiana and Republican Gov. Charlie Baker of Massachusetts.

So we assume partisan politics had nothing to do with the declaration last week of the Northeast Canyons and Seamounts Marine National Monument, which leaves us scratching our heads.

Gov. Baker sees the monument designation of nearly 5,000 square miles of ocean as undermining commercial fishermen. We imagine that he, like many of us, wonders why the action came while federal regulators and regional ocean planners were developing a plan that balances environmentalism with impacts on the fisheries.

Commercial fishermen have contributed a remarkably miniscule amount to climate change, yet they understand remarkably clearly “the changes that are taking place that will affect their livelihood.”

The president’s statement seems incongruous according to the actual fishing activity taking place in the canyons and seamounts area, where it takes place relatively high in the water column, not the “pristine underseas.”

Read the full editorial at the New Bedford Standard-Times

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