Saving Seafood

Federal court rules against fishermen in Northeast Canyons monument lawsuit

October 10, 2018 — A federal judge last week dismissed a lawsuit brought by commercial fishing groups that challenged the creation of a marine national monument in 2016.

The organizations, which included the Long Island Commercial Fishing Association and the Massachusetts Lobstermen’s Association, claimed the administration of U.S. President Barack Obama did not have the authority to establish the Northeast Canyons and Seamounts Marine National Monument.

The monument is the first national marine monument established in the Atlantic Ocean. Because of the designation, commercial fishing – except for certain red crab and lobster fishing – is prohibited in the 5,000-square-mile area. The crab and lobster fishing will continue until their permits expire.

While the administration of current U.S. President Donald Trump has been considering reopening it and other marine monuments for commercial fishing, it did seek the dismissal of the lawsuit, claiming the Antiquities Act gave presidents the right to establish and define such monuments.

“This is not a joke, jobs will be lost and thousands of people’s lives will be impacted through a back-door process that did not require formal federal review,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in a Facebook post.

Read the full story at Seafood Source

 

Fishing Groups Lose Legal Battle Over Marine Monument

October 9, 2018 — The national monument that former President Barack Obama established in the Atlantic Ocean survived a court challenge Friday, with a federal judge finding that the majesty of even underwater lands is worthy of protection.

Appropriating words that President Teddy Roosevelt once used to praise the Yosemite Valley, the Canyon of Yellowstone, and the Grand Canyon, U.S. District Judge James Boasberg noted that the Canyons and Seamounts of the Northwestern Atlantic Ocean are a “region of great abundance and diversity as well as stark geographic relief.”

“Dating back 100 million years — much older than Yosemite and Yellowstone — they are home to ‘vulnerable ecological communities’ and ‘vibrant ecosystems,’” Boasberg’s 35-page opinion continues. “And, as was true of the hallowed grounds on which Roosevelt waxed poetic, ‘much remains to be discovered about these unique, isolated environments.’”

When Obama created the Northeast Canyons and Seamounts Marine National Monument in 2016, he relied on a 1906 law passed in Roosevelt’s administration.

A year later, the Massachusetts Lobstermen’s Association and four other groups filed suit to unravel the 5,000-square-mile designation: They claimed that high seas do not qualify as the small “parcels of land” discussed in the Antiquities Act.

Read the full story at the Courthouse News Service

Documents Released on Trump Administration Defense of National Monument Actions

July 25, 2018 — In today’s print edition, the Washington Post published an article by Juliet Eilperin on the Trump administration and national monuments. The article, based on internal documents from the Interior Department, was critical of senior officials for allegedly dismissing positive information on the benefits of national monuments.

The majority of the story focused on land-based monuments, but with regard to marine monuments, the Post reported that,“On Sept. 11, 2017, Randal Bowman, the lead staffer for the review, suggested deleting language that most fishing vessels near the Northeast Canyons and Seamounts Marine National Monument ‘generated 5% or less of their annual landings from within the monument’ because it ‘undercuts the case for the ban being harmful.’”

Saving Seafood executive director Bob Vanasse was quoted in the article noting that “‘Trump administration officials have been more open to outside input than their predecessors.’ … ‘They had a lot of meetings with our folks but didn’t listen,’ he said of Obama officials, adding even some Massachusetts Democratic lawmakers raised concerns about the New England marine monument’s fishing restrictions.”

The article suggested that Mr. Bowman, a career Interior Department employee and not a Trump administration appointee, purposefully excised information from logbook data indicating that, on the whole, most vessels fishing near the monument generate just 5 percent of their landings from within the monument.

However, there are valid reasons to be cautious about the logbook-data driven 5 percent statistic. There are more sources available to characterize fishing activity – in addition to just logbooks, formally known as “vessel trip reports”, which was the sole source cited in the email referenced in the Post story. While, as the material references states, the information comes from NOAA and the fishery management councils so it can be presumed accurate, the context is missing.

An Atlantic States Marine Fisheries Commission (ASMFC) survey identified recent (2014-2015) fishing activity within the boundaries of the National Monument that, if the Obama executive order is not reversed, will be closed to the fishery in the future. The results indicate that 12-14 percent of the offshore lobster fishery effort and 13-14 percent of revenue ($2.4-2.8 million annually) for the lobster and Jonah crab fishery comes from the area of the National Monument. This revenue is significantly higher than that derived from the vessel trip report (logbook) analysis, which is only about $0.7 million annually.

The document cited in the Post story correctly cites the $2.4-$2.8 million annual revenue in those fisheries, but it does not make clear the significant percentage of offshore revenue that comes from the monument area. Similarly, when the document cites $1.8 million from the Monument region annually (2010-2015), that includes only the $0.7 million lobster trap revenues derived from vessel trip reports, not the total indicated by the ASMFC survey for more recent years.

While it is generally accurate, if one looks at the entire fishing industry in the region, to make the statement that only a small number of vessels derive more than 5 percent of their revenue from the Monument area, for those vessels and fisheries that conduct significant portions of their operations in the monument area, the economic harm is significant.

Also, in a document attached to the story, a margin comment erroneously states that NOAA advised the Interior Department that the Marine Stewardship Council (MSC) certification for red crab was “revoked.” That is not the case. In 2009, the red crab fishery became the first MSC-certified fishery on the East Coast. The certification was never revoked. The certification expired because the participants in the fishery determined that the cost to pursue renewal of the certification exceeded the financial benefits they anticipated would arise from maintaining it, and they decided voluntarily to allow it to lapse.

Read the full Washington Post story

Read further coverage of this story from E&E News

Interior wrote proclamations scuttling ocean sites — emails

July 24, 2018 — Senior Interior Department officials prepared last fall to eliminate the Northeast Canyons and Seamounts Marine National Monument — even as they had yet to agree on the public justifications for doing so, according to newly disclosed internal documents.

Interior last week accidentally released thousands of pages of unredacted internal emails in response to Freedom of Information Act requests.

Copies of those emails, provided to E&E News by the Center for Western Priorities, detail Interior’s strategy — including a focus on timber harvesting, mineral rights, and oil and gas extraction — as it reviewed the boundaries of more than two dozen national monuments under an executive order from President Trump.

The documents also disclose internal deliberations over the future of some marine monuments, including reintroducing commercial fishing to some sites and reducing the boundaries of others.

In [a] September email, [Interior official Randy Bowman] advised that Interior strike data on commercial fishing in the [Northeast Canyons and Seamounts monument]. A deleted sentence states that four vessels in 2014-15 relied on the monument area for more than 25 percent of their annual revenues, while the majority of ships generated less than 5 percent of their revenues from the area.

“This section, while accurate (except for one sentence) seems to me to undercut the case for the commercial fishing closure being harmful. I suggest in the attached deleting most of it for that reason,” Bowman wrote.

Saving Seafood Executive Director Bob Vanasse disputed the idea that data didn’t support the repeal of the commercial fishing ban but said it instead was removed because it could be taken out of context.

“While it is generally accurate, if one looks at the entire fishing industry in the region, to make the statement that only a small number of vessels derive more than 5 percent of their revenue from the Monument area, for those vessels and fisheries that conduct significant portions of their operations in the monument area, the economic harm is significant,” Vanasse said in a statement.

He added in an interview: “The suggestion is that the administration is hiding the facts, and I don’t think that’s the case.”

Read the full story at E&E News

 

JONATHAN WOOD: Land ahoy! Fishermen challenge presidential designations of ocean monuments

Jule 2, 2018 — This month, the Antiquities Act turned 112 years old. Originally conceived to protect Native American artifacts in the Southwest, the law has, like so many federal laws, been twisted over time by power-hungry government officials.

Controversy over the law’s abuse is coming to a head in New England, where fishermen are locked out of a large section of their fishery by the creation of the Northeast Canyons and Seamounts Marine National Monument. After spending years working to recover fish stocks and promote more sustainable fishing methods, they rightly see this move as a betrayal that threatens their livelihoods.

Why is a 112-year-old law so controversial today? The answer lies in the aggressive reinterpretation of the law by presidents seeking to expand their power.

Consider that in the law’s first century, Presidents Teddy Roosevelt through Bill Clinton collectively designated 70 million acres of national monuments. That’s a lot, to be sure, but it pales in comparison to the last 12 years. From 2006 to 2017, an additional 700 million acres were designated — a ten-fold increase over the prior century’s total.

What explains this explosion? It’s the interpretation of a single word: “land.” Congress limited the president’s monument power to “land owned or controlled by the Federal Government.” Most of us would have no trouble figuring out what “land” means: If you look at a map, it’s the part that isn’t blue.

Read the full opinion piece at the Washington Examiner

MASSACHUSETTS: GOP Senate candidate Geoff Diehl outlines plan to help fishermen

June 22, 2018 — Geoff Diehl made his second visit to New Bedford this week to speak with fishermen.

The state representative and candidate running for U.S. Senate against Elizabeth Warren spoke to about five people within the fishing industry at Pier 3 on Thursday. It came just days after he attended a fishing roundtable discussion at the Whaling Museum, which discussed the groundfishing ban affecting the industry.

This second trip of the week was to unveil a set of guidelines he plans to follow to help fishermen if elected.

They involved repealing the Northeast Canyons and Seamounts Marine National Monument Status, keeping Carlos Rafael’s fishing licenses in New Bedford and reducing the regulatory burden.

Diehl suggested establishing a NOAA headquarters in New Bedford to better facilitate discussions between the agency and fishermen in the nation’s most valuable seaport.

“They should at least have a satellite if not maybe move their main offices here,” Diehl said. “I think that would make a lot of sense to have them interact with the actual fishermen.”

Read the full story at the New Bedford Standard-Times

Marine Monument Case Aligns Trump, Conservationists

May 2, 2018 — WASHINGTON — Cautiously aligned with the government in support of America’s first marine monument, environmentalists urged a federal judge Monday to sink a challenge by fishing groups.

Designated by President Barack Obama in September 2016, the Northeast Canyons and Seamounts Marine National Monument encompasses 4,913 square miles off the coast of New England.

Cordoned off from oil and gas exploration, as well as commercial fishing, the seabed within the monuments boasts four underwater volcanoes and three canyons.

Obama’s proclamation creating the monument spoke to the scientific and ecological importance of this ecosystem, but a group of commercial fishers challenged the designation in March 2017.

Read the full story at the Courthouse News Service

 

Why Trump is defending a marine monument made by Obama

April 23, 2018 — The Trump administration is defending an underwater national monument off the coast of New England designated by former President Barack Obama in 2016, but not because it likes what Obama created.

After all, President Trump last year issued a rollback of the Bears Ears and Grand Staircase-Escalante national monuments in Utah, and his administration has argued that Obama and other recent presidents abused their authority in creating or expanding national monuments on large swaths of public land.

Trump wants fewer and smaller monuments, and Interior Secretary Ryan Zinke has recommended the president shrink the Northeast Canyons and Seamounts Marine National Monument that the administration is now backing in court.

So, what gives?

It’s all about presidential power.

“If anything, I would not be surprised if we see President Trump issue an executive order down the line eliminating or diminishing this very same marine monument,” said Justin Pidot, a law professor at the University of Denver who served as the deputy solicitor for land resources at the Interior Department during the Obama administration.

Read the full story at the Washington Examiner

 

Trump administration defends Atlantic marine monument against lawsuit

April 20, 2018 — The Trump administration has gone on the record in defense of Barack Obama’s 2016 establishment of the 5,000-square mile Northeast Canyons and Seamounts Marine National Monument, according to a defense filing in federal court this week.

Jeffrey H. Wood, acting assistant attorney general for the environment and natural resources division, entered a motion on Monday, April 16, to dismiss a lawsuit challenging Obama’s authority to make the monument designation filed by various fishing organizations. The lawsuit has been on hold since last spring after President Donald Trump ordered an official review of several National Marine Monuments established by Obama. That hold was lifted in mid-March and the plaintiffs are ready to pick up where they left off.

The lawsuit argues that Obama never had the authority to establish the monument under the the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government,” as the act stipulates.

Read the full story at National Fisherman

 

Trump administration seeks dismissal of Northeast Canyons and Seamounts monument lawsuit

April 19, 2018 — Despite its willingness to review the designations made by its predecessor, the Trump Administration is at least defending former President Obama’s ability to create national monuments. That’s according to a filing in federal court earlier this week.

Jeffrey H. Wood, acting assistant attorney general for the environment and natural resources division, entered a motion on 16 April to dismiss a lawsuit filed last year by the Massachusetts Lobstermen’s Association. The Lobstermen and other fishing groups filed the suit in response to the Obama Administration designating the Northeast Canyons and Seamounts Marine National Monument in September 2016.

The Northeast Canyons was the first national marine monument in the Atlantic Ocean, and with that designation, commercial fishing – with certain exclusions for red crab and lobster fishing – is not permitted in the nearly 5,000-square-mile area. Crab and lobster fishing would continue until a seven-year permit expires.

Last year, Trump ordered Interior Secretary Ryan Zinke to review the monuments, which were created under the Antiquities Act. While Zinke has not recommended removing any designation for marine monuments, he has encouraged Trump to open monuments for more commercial fishing opportunities.

Read the full story at Seafood Source