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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

Fishermen upset over creation of Atlantic’s first monument

September 19th, 2016 — Fishermen in New England say President Obama needlessly dealt a big blow to their industry when he created the Atlantic Ocean’s first marine national monument and circumvented the existing process for protecting fisheries.

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. The designation will close the area to commercial fishermen, who go there primarily for lobster, red crab, squid, whiting, butterfish, swordfish and tuna.

After Thursday’s announcement, fishermen pondered their next move: sue, lobby Congress to change the plan or relocate. It’s hard to move, they said, because other fishermen would likely already be fishing where they would want to go.

They said the designation process wasn’t transparent and the administration should have let the New England Fishery Management Council, which is charged with regulating the region’s fisheries, finish working on the coral protection measures it’s considering.

“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.”

Read the full story from The Concord Monitor 

Obama’s Marine Monument Could Spell Disaster for New England Fishermen

September 19th, 2016 — America is well-known for its glorious and plentiful national parks, and at a conference taking place in Washington, DC this week, President Obama made the dramatic declaration that he was signing an executive order to create the very first national marine monument in the Atlantic Ocean. The almost-5,000-square-mile area—called the Northeast Canyons and Seamounts Marine National Monument—lies off of Cape Cod, Massachusetts and has been dubbed an “underwater Yellowstone.”

But although conservationists are hailing the president’s move as “phenomenally exciting,” fishermen in the area are not so psyched. To say the least. They’re accusing Obama of legislating from the White House—a power, the lobstermen and crab fishers of Massachusetts say, he simply doesn’t have. There’s also the very real concern among the community that the administration is selling out hundreds and hundreds of sustainable fishermen in favor of environmental grandstanding that ignores the real culprits.

The area in question is a phenomenal expanse of extinct volcanoes, underwater forests, canyons, and reefs filled with endangered and exotic species. But it is also a place that has provided a livelihood for generation after generation of fishermen, especially those focused on red crab and lobster. If all goes according to plan, the area will be off limits to them in seven years and the good times will be over.

MUNCHIES spoke with Bob Vanasse of the National Coalition for Fishing Communities, who said about the designation, “I don’t know anybody in the fishing community who is in favor of it.” Vanasse said that the local fishermen believe their point of view was wholly ignored before the order was enacted. He believes that by creating the monument in an executive order, President Obama sidestepped the process of running the idea through Congress, which would have entailed a “consultative process where environmentalists, the industry, and regulators are involved and what comes out is reviewed by an agency for a year or more before it gets published in the Federal Register. This executive order is a short circuit around all of that—and that’s the reason it’s frustrating.”

Read the full story from VICE 

MASSACHUSETTS: Gov. Baker says marine monument designation hurts fishermen

September 16, 2016 — Gov. Charlie Baker is “deeply disappointed” by President Barack Obama’s plan to designate an area off the New England coast as the first deep-sea marine national monument in the Atlantic Ocean, a move the Swampscott Republican’s administration sees as undermining Massachusetts fishermen.

Obama on Thursday announced the creation of the Northeast Canyons and Seamounts Marine National Monument, a 4,913 square mile area that includes three underwater canyons and four underwater mountains that provide habitats for protected species including sea turtles and endangered whales.

Recreational fishing will be allowed in the protected zone but most commercial fishing operations have 60 days to “transition from the monument area,” according to the White House. Red crab and lobster fisheries will be given seven years to cease operations in the area, which is about 150 miles southeast of Cape Cod.

“The Baker-Polito Administration is deeply disappointed by the federal government’s unilateral decision to undermine the Commonwealth’s commercial and recreational fishermen with this designation,” Baker spokesman Brendan Moss said in an email. “The Commonwealth is committed to working with members of the fishing industry and environmental stakeholders through existing management programs to utilize the best science available in order to continue our advocacy for the responsible protection of our state’s fishing industry while ensuring the preservation of important ecological areas.”

The Atlantic Offshore Lobstermen’s Association condemned the declaration, accusing the president of abusing his power and “indiscriminately” drawing a border “without taking into account the complexity of the marine ecosystem and domestic fishing fleet.”

Baker in November sent a letter to Obama, outlining what he described as “apprehension” over what was then a potential monument designation. Baker wrote that declaring a protected area could undermine ongoing work to develop marine habitat and ocean plans.

Read the full story at Wicked Local

‘Sad day’ for the fishing industry following marine monument designation

September 16, 2016 — NEW BEDFORD, Mass. — Backers of the Northeast U.S. fishing industry reacted with anger, chagrin and legal arguments Thursday to President Barack Obama’s declaration of a marine national monument south of Cape Cod, saying the ocean preservation effort circumvented public process and will significantly damage a key economic engine — and way of life — in the region.

“It’s all anybody’s talking about, that’s for sure,” said Jon Williams, president of Atlantic Red Crab Co. on Herman Melville Boulevard. “The general feeling is (that) it’s a sad day for the New England fishing industry.”

Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument — in two areas also known as New England Canyons and Seamounts — permanently bars those areas from an array of commercial and industrial uses, including commercial fishing. The areas total 4,913 square miles, are more than 100 miles southeast of Cape Cod and are the first such monument in the Atlantic Ocean. The designation follows at least a year of concerns and opposition from advocates of the commercial fishing industry, who feared yet another financial hit from government regulations that already include catch limits and quotas broadly questioned by fishermen.

“Millions of dollars of lost revenue are at stake” in the monument decision, states a letter from the Washington, D.C. office of international law firm Kelley Drye & Warren.

The firm sent the letter Sept. 14 to Christy Goldfuss, managing director of the White House Council on Environmental Quality, on behalf of the Southern Georges Bank Coalition. The coalition of fishing representatives includes Williams, J. Grant Moore of Broadbill Fishing in Westport, and at least 10 other members from Rhode Island, New Hampshire, Massachusetts and New York.

The letter said those entities “are directly affected by the monument description, as it includes their fishing grounds,” and called Obama’s use of the Antiquities Act to declare the marine monument, “an illegal and illegitimate use of presidential authority.”

“I think there’s widespread and pretty much universal disappointment, anger, frustration and feelings of betrayal in the commercial fishing industry,” said Bob Vanasse, a New Bedford native and executive director of Washington, D.C.-based Saving Seafood.

“There is widespread and deep feeling that our fisheries should be managed under the public process of the Magnuson-Stevens Act,” Vanasse added.

Read the full story at the New Bedford Standard-Times

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