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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

 

Close Quarters: Ocean zoning pushes fisheries to the brink

September 23, 2021 — The following is an excerpt from an article published in National Fisherman by Dr. Roger Mann, professor of Marine Science at the College of William and Mary’s Virginia Institute of Marine Science. It is based on an article published by the Journal of Shellfish Research. That paper, “An Ecosystem is Not a Monument, and Other Challenges to Fishing in the 21st Century,” is based on a talk given by Dr. Mann at the annual meeting of the National Shellfisheries Association.

Managing fisheries is no longer simply about [the Magnuson Stevens Act’s] directives to “conserve and manage” a sustainable resource to serve the “social and economic needs of the States.” It is about managing fisheries in a changing landscape of competition for ocean resources, where the environment is changing faster than in living history, and species footprints are on the move.

Part of this changing landscape is the creation of large, no-take MPAs, like the Northeast Canyons and Seamounts Monument off the coast of Cape Cod. Designated by President Obama with the sweep of a pen using the Antiquities Act of 1906, the 4,913 square miles of the monument are now managed by multiple federal agencies under a bewildering patchwork of legislation, including Magnuson, the Endangered Species Act, the Marine Mammal Protection Act, the National Wildlife Refuge System Administration Act, the Refuge Recreation Act, Public Law 98-532, and Executive Order 6166. Then there is the National Marine Sanctuaries Act, through which the government can designate and protect marine areas of national significance.

This plethora of confusing legislation lacks uniform definitions. It is not clear on how — or even if — MPA designations are required to be revisited, even when species move. In addition, it does not state who has precedent over whom in the management hierarchy.

Even as questions remain over existing MPAs, activists are pushing for more with a “30×30” campaign to protect 30 percent of our nation’s land, inland waters and oceans as conservation areas by 2030. But what is “protected” in this context? Is a region protected only by excluding fishermen through a no-take MPA? Or does the Magnuson Act directive to “conserve and manage the fishery resources” and “exercise sound judgment in [their] stewardship” rise to the level of protection? If so, then is not the entire exclusive economic zone already protected?

MPAs are far from the only competition fishermen are facing in the ocean. Environmental advocacy, communications corridors, mining, national defense, and shipping all threaten fishermen’s access to ocean resources. Perhaps the biggest incursion of all is offshore wind development: the U.S. East Coast continental shelf already has 1.7 million acres of federal bottom under lease for offshore wind, with the Biden administration seemingly poised to expand such efforts along the Atlantic, Pacific and Gulf coasts. Offshore wind projects have a projected lifespan of 50 years, with turbine spacing restricting access for both commercial fishing vessels towing mobile gear and federal survey vessels. Stock assessment surveys will be compromised, resulting in reduced quotas for fishermen.

With so many competitors muscling their way into the ocean, who will be the winners and losers? Over what time frames will winners emerge? Where does preservation of the fishing industry sit in the pecking order? At the bottom?

The “space” for fisheries is shrinking. Commercial fishing won’t be the largest economic player as development of our oceans continues, but it is historically an important part of the economic and social structure of coastal communities. Fisheries are based on moving species distributions that do not function well within fixed boundaries, like those being zoned for MPAs and offshore wind.

Read the full article at National Fisherman

Biden may return seamount protections

June 21, 2021 — A couple years ago, the fight over the Northeast Canyons and Seamounts Marine National Monument was all the rage.

The monument, created in 2016 by President Barack Obama, preserved about 3.2 million acres southeast of Cape Ann and about 130 miles off Cape Cod from commercial activities of all manner — including fishing. Lobster and crab harvesters were being phased out over seven years. It protected three underwater canyons, four seamounts and the surrounding resources and ecosystems.

Obama’s presidential successor, Donald Trump, did his best to gut the monument’s designation and protections during his term.

Last year, Trump reopened the area to commercial fishing and removed most of the monument’s protections. The fishing industry was ecstatic. Environmentalists were aghast. The fish had no comment.

And now the battle is rejoined.

The Biden administration, according to several reports last week, is moving in the direction of reinstating full protections to the Canyon and Seamounts and two other land-based national monuments in Utah.

According to a report in the Washington Post, Interior Secretary Deb Haaland “recommended in a confidential report that President Biden restore full protection for the three national monuments” diminished by Trump.

Read the full story at the Gloucester Daily Times

MAINE: U.S. Interior Secretary to visit Acadia National Park on Friday

June 17, 2021 — U.S. Interior Secretary Deb Haaland will visit Maine on Friday to talk with state and tribal leaders about the Biden administration’s support for public lands.

Haaland will join Gov. Janet Mills and all four members of Maine’s Congressional delegation at Schoodic Point, a smaller and lesser-known part of Acadia National Park located on a peninsula in eastern Hancock County.

The visit kicks off with a special sunrise musical performance by renowned cellist Yo-Yo Ma and several Wabanaki musicians at 4:05 a.m. That event is by invitation only.

Haaland is the first Biden administration Cabinet member to visit Maine.

Haaland’s approach is likely to be radically different from that of Ryan Zinke or David Bernhardt, her predecessors under former President Donald Trump. The Washington Post reported this week that Haaland has recommended restoring protections to three national monuments that had been rolled back by Trump. They are Bears Ears and Grand Staircase-Escalante monuments in Utah, as well as the Northeast Canyons and Seamounts Marine National Monument off the coast of Massachusetts.

There had been some concern in 2017 that Maine’s Katahdin Woods and Waters National Monument also might be targeted for a reduction in size, but that never happened.

Read the full story at Central Maine

Haaland recommends reimposing fishing restrictions in the Northeast Canyons and Seamounts Marine National Monument

June 14, 2021 — Interior Secretary Deb Haaland has recommended in a confidential report that President Biden restore full protections to three national monuments diminished by President Donald Trump, including Utah’s Bears Ears, Grand Staircase-Escalante and a huge marine reserve off New England. The move, described by two people who spoke on the condition of anonymity because it was not yet public, would preserve about 5 million acres of federal land and water.

A broad coalition of conservationists, scientists and tribal activists has urged Biden to expand the Bears Ears and Grand Staircase-Escalante national monuments, which were established by Presidents Barack Obama and Bill Clinton, respectively, to their original boundaries. Trump cut Bears Ears by nearly 85 percent, and Grand Staircase-Escalante almost in half, in December 2017. A year ago, he permitted commercial fishing on the Northeast Canyons and Seamounts Marine National Monument, which removed most of the monument’s protections.

The White House is still deliberating, according to these people, but Biden favors the idea of overturning Trump’s actions. Employing the 1906 Antiquities Act, which gives the president broad latitude to protect threatened land and water, ranks as one of the easiest ways for Biden to conserve areas unilaterally.

All three areas have been embroiled in legal fights for years. Fishing operators challenged Obama’s 2016 decision to restrict commercial activities for 4,913 square miles off Cape Cod, Mass., which banned seabed mining and some fishing activities immediately while giving lobster and red crab operators seven years to stop fishing there. The region is home to many species of deep-sea coral, sharks, sea turtles, seabirds and deep-diving marine mammals, as well as massive underground canyons and seamounts that rise as high as 7,700 feet from the ocean floor.

“This area is very important to us,” Jim Budi, an official with the American Sword and Tuna Harvesters, said in an interview. He added that his members brought in about 25 percent of their annual catch from the region last summer after Trump lifted commercial fishing restrictions. They’ve sustainably caught swordfish by staying below limits set by federal regulators, he said.

Reviving the Obama-era limits, Budi said, “doesn’t do any conservation good, whatsoever.”

Still, Chief Justice John G. Roberts Jr. gave some conservatives hope three months ago when he sharply criticized the expanse of the Northeast Canyons and Seamounts Marine National Monument. Noting that the law was initially aimed at protecting Pueblo artifacts in the Southwest, he said the accompanying protected land must “be confined to the smallest area compatible with the proper care and management of the objects to be protected.”

“A statute permitting the President in his sole discretion to designate as monuments ‘landmarks,’ ‘structures,’ and ‘objects’ — along with the smallest area of land compatible with their management — has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea,” Roberts wrote, as the Supreme Court declined to hear an appeal of a lower court decision on the monument. “The Northeast Canyons and Seamounts Marine National Monument at issue in this case demonstrates how far we have come from indigenous pottery.”

Atlantic Red Crab Company owner Jon Williams, who has intervened in an ongoing lawsuit to defend Trump’s changes to the monument, said he wouldn’t hesitate to challenge the administration should it reimpose restrictions there.

“I’m already standing by,” he said. “And we’ve already been given a road map to the Supreme Court.”

Read the full story at The Washington Post

SEAN HORGAN: Chief Justice Roberts Takes Aim At Antiquities Act

March 30, 2021 — It sounds as if Supreme Court Justice John Roberts thinks the practice of presidents abusing the Antiquities Act, to accomplish what they never could in the usual three-corner offense of American democracy, has gotten old.

Last week, the Supreme Court rejected a petition, with the Massachusetts Lobstermen’s Association as lead plaintiff, that challenged then President Barack Obama’s legal use of the 1906 Antiquities Act to designate the Northeast Canyons and Seamounts Marine National Monument off the coast of Massachusetts.

Viewed through the narrowest of prisms, the Supreme Court no-call was a victory for marine conservationists and another blow to the commercial fishing industry. But viewed with a wider lens, it could also serve as the starting gun for even more challenges to the presidential use of the Antiquities Act to designate monuments and landmarks when all other political measures fail.

The chief justice, according to a Bloomberg Law story, questioned how much scope presidents actually should have under the law “that was intended to protect prehistoric Indigenous artifacts and the smallest area compatible with protection.

“Somewhere along the line, however, this restriction has ceased to pose any meaningful restraint,” Roberts wrote. “A statute permitting the president in his sole discretion to designate monuments ‘landmarks,’ ‘structures,’ and ‘objects’ — along with the smallest area of land compatible with their management — has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea.”

Court watchers and the legal community were agog. This, they said, almost never happens. Color us agog, too.

“Fishing groups opposed to the Northeast canyons monument are disappointed the court refused to hear the case,” the Bloomberg Law story stated, adding though that Roberts’ statement was being viewed by the industry (well, its lawyers) as a silver lining.

“It’s a big deal for the chief to file a statement like that,” Jonathan Wood, senior attorney at the Pacific Legal Foundation, who represented the fishing interests. “I read it basically inviting similar cases. It’s trying to send a signal to the Supreme Court bar of, ‘This is an issue I’m interested in. Start bringing me the cases’.”

We here at FishOn have never been to the Supreme Court bar, but we too would like them to start bringing us some cases. Start with the Jameson and we’ll work our way around the dial.

Read the full opinion piece at the Gloucester Daily Times

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