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Antiquities Act Wrong Tool For Marine Monuments, Say Dozens of Industry Sectors in Letter to Biden

December 21, 2021 — From fishermen to miners, including the American Petroleum Institute and the National Fisheries Institute, 91 individuals signed a letter to President Biden last week urging him to not use the Antiquities Act when designating marine monuments.

The group, representing more than two dozen businesses and communities across the country, cited Biden’s “calls for the administration to establish “fully and highly protected areas” in 30% of the U.S. ocean by 2030, including through marine monuments designated under the Antiquities Act.”

They said concern was heightened by recent decisions to restore a commercial fishing ban in the Northeast Canyons and Seamounts Marine National Monument and “… join the High Level Panel for a Sustainable Ocean Economy, which commits the United States to actions that could lead to further prohibitions,” according to the letter.

“In furtherance of your efforts to unleash the full potential of the nation’s economy and address the impact of rising prices on the American people, and in recognition of your acknowledgement of the essential role that the ocean plays in our economy and livelihoods, … [we]… urge your support for using science-based and transparent processes when considering actions to manage the ocean for current and future generations,” the December 15 letter stated.

Read the full story at Seafood News

Commercial Fishing Prohibited in Northeast Canyons and Seamounts Marine National Monument

December 17, 2021 — The following was released by NOAA Fisheries:

President Biden revised the prohibited activities for the Northeast Canyons and Seamounts Marine National Monument to include a prohibition on commercial fishing. All commercial fishing, other than for American lobster and Atlantic deep-sea red crab taken with fixed gear, is prohibited within the Monument as of October 8, 2021. American lobster and red crab fisheries are exempted from this prohibition until September 15, 2023, except where restricted under the New England Fishery Management Council’s Deep-Sea Coral Amendment (see below). These prohibitions reinstate the fishing prohibitions outlined in the original Monument proclamation signed by President Obama on September 15, 2016.

The Monument covers underwater seamounts (Bear, Mytilus, Physalia, and Retriever) and submerged canyons (Oceanographer, Gilbert, and Lydonia). You can find more information about the Monument on our Northeast Canyons and Seamounts Marine National Monument webpage and in the Federal Register.

Since the Monument was first designated in 2016, the New England Fishery Management Council developed and NOAA Fisheries approved and implemented (86 FR 33553, June 25, 2021) an Omnibus Deep-Sea Coral Amendment to its fishery management plans. This action prohibited the use of bottom-tending commercial fishing gear (with an exception for red crab pots) within the designated Georges Bank Deep-Sea Coral Protection Area, an area along the outer continental shelf in waters no shallower than 600 m to the Exclusive Economic Zone boundary. This action closed approximately 82 percent of the Monument to fishing earlier this year. This reinstated fishing prohibition applies to the remainder of the Monument area, shown in Figure 1. Lobster fishing with fixed gear may continue in the area of the reinstated Monument fishing restrictions (red hashed area in Figure 1) until September 15, 2023. Fishing for deep-sea red crab with fixed gear may continue throughout the entire area until September 15, 2023. Check out our Frequently Asked Questions about the Monument for more information.

 

MASSACHUSETTS: Monument fishing ban will hurt New Bedford businesses

October 13, 2021 — Just over 30 days ago, the fishing vessel Eagle Eye left federal waters more than 130 miles southeast of Massachusetts to make the 15- to 20-hour trip home to New Bedford Harbor. Its sister vessel, Eagle Eye 2, returned even more recently, with each carrying thousands of pounds of fresh tuna and a bit of swordfish.

John Cafiero, captain of one of the Fairhaven-based vessels, said he and his crew sometimes take multiple trips in the summer to fish in waters that in 2016 were established as a national marine monument. Tuna and swordfish are highly migratory species so sometimes “you don’t want to be in there,” he said, but for the past few years, it has been “really good.”

Cafiero said he didn’t know it then, but that trip might have been his last in the area.

On Oct. 8, President Joe Biden issued a presidential proclamation under the Antiquities Act of 1906 prohibiting commercial fishing in an area of water the size of Connecticut.

The administration cited conservation efforts needed to preserve the “vulnerable” deep marine ecosystems and endangered marine species that inhabit or migrate through the waters. The proclamation restores the commercial fishing restrictions first established by former President Barack Obama in 2016, when he declared two areas of water from surface to seabed as the Northeast Canyons and Seamounts Marine National Monument.

Environmental groups lauded the decision. But local fishermen, business owners and industry advocates said the closure deals yet another blow to a highly regulated industry and is unfair as recreational fishing in the monument may continue.

“These boats are more like your uncle’s pizza shop or your dad’s gas station,” said Mike Machado, lead buyer at Boston Sword & Tuna and a former New Bedford fisherman. “They’re small individual companies. They’re not like this big, evil fishing juggernaut.”

Read the full story at The New Bedford Light

 

Local Fishing Industry Upset Over Biden Restoring Marine National Monument

October 12, 2021 — President Biden re-established an area off of the coast of Cape Cod as a marine national monument Friday, a move that has the local fishing industry angry.

The Northeast Canyons and Seamounts Marine National Monument was originally created during the Obama administration to preserve the sea life in that region. During the Trump administration, restrictions in the area were scaled back, which allowed for commercial fishing.

Under the new executive action from President Biden, commercial fishing in the area is banned but recreational fishing is allowed. The monument is more than 100 miles southeast off the shore of Cape Cod.

Bob Vanasse of Saving Seafood told WBZ’s Karyn Regal (@karynregal) the trip to the area is one only a chartered fishing boat or mega yacht could make.

“The privileged few are going to allowed to go out and spearfish on the same species that working families in the swordfish and tuna industry will not be able to do,” Vanasse said.

Read the full story at WBZ News

 

Biden’s decision to restore marine monument off Cape Cod is praised and criticized in Maine

October 12, 2021 — President Biden’s decision to restore the Northeast Canyons and Seamounts Marine National Monument off Cape Cod got mixed reactions in Maine on Friday. 

But while the decision restores a prohibition on commercial fishing in the area, it is not expected to have much direct impact on the state’s industries because few, if any, Maine boats fish there.

Last year, President Trump opened the 5,000-square-mile area that had first been designated as a national monument by President Obama in 2016. Some Maine commercial fishing groups applauded the decision, even though the area wasn’t frequented by Maine-based fishermen and women. The monument had been seen as a symbolic affront to the industry.

Gov. Janet Mills criticized the Biden administration for taking such a major action without input from stakeholders, including the fishing industry.

“While I support environmental protection and conservation, this major action – which comes just mere weeks after advancing a right whale rule that that will seriously harm New England fishermen – is misguided and premature,” Mills said in a statement. “This decision was made without the appropriate engagement and consultation of stakeholders who deserve to have their voices heard. Fishermen are already reeling from heavy-handed Federal action and this further erodes faith that the Biden Administration will seek consensus from all stakeholders on important decisions impacting the marine environment.”

Read the full story at the Portland Press Herald

 

Biden is set to restore monuments. What happens next?

October 12, 2021 — As tribal leaders and environmentalists celebrate President Biden’s scheduled restoration today of more than 2 million acres of public lands to a pair of Utah monuments, activists stress that the pomp and circumstance is a precursor to extensive work that remains to be done to shore up those sites.

Biden is scheduled this afternoon to sign new proclamations, which have yet to be published, restoring millions of acres to both Grand Staircase-Escalante and Bears Ears national monuments.

He will also reinstate commercial fishing restrictions to Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean (Greenwire, Oct. 7).

The action will reverse cuts President Trump made in 2017 at the behest of GOP lawmakers who had long criticized the monuments as a form of federal overreach by the Democratic presidents who established them.

It will also restore protections to the marine monument that Trump removed in 2020, opening the 5,000-square-mile site about 130 miles off the coast of Cape Cod, Mass., to commercial interests.

Saving Seafood Executive Director Bob Vanasse criticized the Biden administration’s decision for allowing recreational fishing to continue in the area, even as members of his industry advocacy group are locked out.

“While the Biden-Harris administration has claimed decisions will be based on science, and not on who has the stronger lobby, this decision shows otherwise,” Vanasse said.

“Prohibiting hardworking commercial fishermen from sustainably harvesting while allowing owners of luxury yachts to spear fish for the same species in the same location is hypocritical and calls into question this administration‘s commitment to working families over wealthy donors,” he added.

Read the full story at Greenwire

Biden expands Bears Ears and other national monuments, reversing Trump cuts

October 8, 2021 — President Biden on Friday restored full protections to three national monuments that had been slashed in size by former president Donald Trump, including Bears Ears and Grand Staircase-Escalante in Utah — known for their stunning desert landscapes and historical treasures of Native American art and settlements, as well as a rich fossil record.

Biden used an executive order to protect 1.36 million acres in Bears Ears —slightly larger than the original boundary that President Barack Obama established in 2016 — while also restoring the 1.78 million-acre Grand Staircase-Escalante monument. Biden also reimposed fishing restrictions in the Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean off the coast of New England that Trump had opened to commercial fishing.

Biden signed the proclamations in a ceremony outside the White House, in front of tribal leaders and others. He used his authority under the 1906 Antiquities Act.

Bob Vanasse, of Saving Seafood, a seafood industry advocacy group, called Biden’s designation an “unfortunate decision.”

“Anyone who likes fresh local swordfish, tuna, lobster and crabmeat should be very angry with the Harris-Biden administration today,” he said. “And I know some environmental advocates will claim that the statistics show that no harm has been done to the fisheries from this closure. They think that because they don’t understand fisheries and misunderstand the statistics.”

Read the full story at the Washington Post

Biden restores Northeast Canyons marine monument

October 8, 2021 — In another reversal of Trump administration moves, President Biden on Friday reinstated all restrictions to the Northeast Canyons and Seamounts Marine National Monument, including plans to phase out commercial fishing for red crab and lobster by Sept. 15, 2023.

Former president Barack Obama originally declared the monument area south of New England on that date in 2016, and former president Donald Trump rescinded the rules with some fanfare including an in-person meeting with fishing industry representatives in June 2020.

Environmental groups that had pushed Obama for the monument lobbied hard after Biden’s inauguration to flip that Trump order 180 degrees, along with reversing Trump’s reductions of the Bears Ears and Grand Staircase-Escalante national monuments in Utah.

Late Thursday they got word their wish was granted.

Commercial fishing advocates, who mobilized after Biden inauguration to argue against reinstating the monument rules, said the decision shows politics trumped consistent ocean policy.

“This is an unfortunate decision that is opposed not only by those affected in the commercial fishing industry, but by all eight fishery management councils and NOAA Fisheries,” said Bob Vanasse of Saving Seafood, an industry advocacy group. “There is no scientific justification to prohibit commercial fishing while allowing recreational fishing. While the Biden-Harris Administration has claimed decisions will be based on science, and not on who has the stronger lobby, this decision shows otherwise.”

Read the full story at National Fisherman

WASHINGTON: Biden to restore boundaries of protected areas that were reduced by Trump

October 8, 2021 — President Joe Biden will restore the boundaries of three American nature reserves, known as national monuments, that were reduced in size by former President Donald Trump to allow commercial activity, the White House said on Thursday.

The restoration will protect more than 3.2 million acres (1.3 million hectares) in Southern Utah known as the Bears Ears and Grand Staircase-Escalante National Monuments, as well as the nearly 5,000 square mile (8,000 sq km) Northeast Canyons and Seamounts Marine National Monument in the Atlantic Ocean off the coast of New England.

Environmental groups and Native American tribes cheered the news, calling it a victory for conservation over development. But it was a blow to East Coast fishing interests and Utah’s Republican governor, who expressed frustration.

Trump had sought to allow ranching, drilling, mining and commercial fishing in the areas, which were established as monuments by two of his Democratic predecessors, former Presidents Barack Obama and Bill Clinton.

Read the full story from Reuters

A sea of choices confronts Biden admin in ocean protection

October 5, 2021 — When it comes to meeting its aggressive conservation pledge, the Biden administration appears to have a head start on protecting the United States’ oceans — after all, on paper, the nation is already more than two-thirds of the way to the goal.

But as the administration puts together a tracking mechanism for its pledge to conserve 30 percent of the nation’s lands and waters by 2030, environmental activists warn that frequently cited statistics provide a misleading picture of ocean conservation.

At the same time, advocates for the fishing industry question counter the nation is much closer to the final objective — if not already there. They argue that conservation shouldn’t always mean activities like fishing are banned and say their industry has shown itself willing to help protect vulnerable species.

Managed waters

Opponents of new marine monuments, however, argue that managed waters are sufficient to meet the conservation goals.

“If it’s not conserved unless it’s in a marine sanctuary that excludes fishing — which is a fairly radical and extreme point of view — then I think you get into a very different set of calculations about how you get to 30 percent,” said Roger Mann, a marine sciences professor at the College of William & Mary’s Virginia Institute of Marine Science.

Mann pointed to language in the Magnuson-Stevens Fishery Conservation and Management Act, the nation’s primary fisheries law, that calls for “conservation and management” of the oceans.

“If you’re conserving sustainable resources … then all of the area that is managed under Magnuson is already a conservation area,” argued Mann, who previously served on the Mid-Atlantic Fishery Management Council.

“The councils can all sit there and scratch their heads and say, ‘We’re not 30×30. We’re 100 percent by 2021. What’s the problem?’” he said.

Former Garden State Seafood Association Executive Director Greg DiDomenico said he is optimistic that the Biden administration will adhere to its vow for scientific integrity, but remains staunchly opposed to the idea of new monuments.

“What we expect from 30×30, ultimately, is that it be conducted under rigorous science and an open, transparent policy,” said DiDomenico, who is now with Lund’s Fisheries.

DiDomenico pointed to the creation of the Northeast Canyons and Seamounts Marine National Monument during former President Obama’s tenure, which closed the area to commercial fishing.

Former President Trump reversed that closure in 2020, and the New England Fishery Management Council subsequently implemented protections for deep-sea corals in more than 80 percent of the monument (E&E News PM, June 5, 2020).

“The proof is in the pudding,” DiDomenico said, pointing to what is formally known as the Omnibus Deep-Sea Coral Amendment.

He added that: “No one is running from this. We’ve been here before.”

Read the full story at E&E News

 

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