Saving Seafood

MASSACHUSETTS: Senate Candidate Geoff Diehl unveils plan to help fleet

June 21, 2018 — Geoff Diehl, the Republican challenger to incumbent U. S. Sen. Elizabeth Warren, would retain Carlos Rafael’s forfeited groundfish permits in New Bedford and would push to repeal the creation of the Northeast Canyons and Seamounts National Marine Monument, according to his plan to help the fishing industry.

Diehl, a state representative from Whitman, is set to release the plan, “A Good Diehl for Fishing,” at campaign stops Thursday in New Bedford, Scituate and Gloucester. The Gloucester event is set for 4 p.m. at the Fishermen’s Monument on Stacy Boulevard.

The Diehl fishing plan also calls for reducing the regulatory burden on commercial fishermen and finding “a balance between the necessary protections to ensure ocean preservation, and continuing to support the growth of a healthy marine industry across the state.”

His plan opposes mandated at-sea monitoring of the Northeast groundfish fleet, calling them “onboard watch dogs,” as well as an “egregious example of government overreach and a crippling cost to the fishermen.”

Diehl said transferring Rafael’s groundfish permits to “ready licenses” in New Bedford rather than dispersing them to other fishing concerns throughout the Northeast multispecies groundfish fishery “is critical for maintaining the livelihood of those individuals and for ensuring the survival of the fishing industry now and in the future.”

Read the full story at the Gloucester Daily Times

Atlantic marine monument suit can move forward

March 30, 2018 — Fishing organizations are set to proceed with their suit against the federal government to reopen fishing grounds in New England.

President Obama established the Northeast Canyons and Seamounts National Marine Monument, which included a blanket commercial fishing ban in an area that was already closed to some gear types under the New England Fishery Management Council’s jurisdiction.

The lawsuit has been held up since April 2017 by a Trump administration review of several national monuments created under the Obama administration. Recent filings at the U.S. District Court for the District of Columbia say the hold was lifted in mid-March.

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.

In December, Interior Secretary Ryan Zinke recommended making changes to marine national monument policies and proposed shifting the responsibility for controlling fishing within the monument to the regional fishery management councils.

“No president should use the authority under the act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the objects,” wrote Zinke in his recommendation.

Since Zinke’s official recommendations, no public action has been taken by the administration to address his statement.

Fishing industry leaders involved with the suit are ready to pick up where they left off.

“The Massachusetts Lobstermen’s Association is optimistically encouraged, given the forward movement of the lawsuit,” said Beth Casoni, executive director of The Massachusetts Lobstermen’s Association. “We are hopeful to regain the fishing grounds that were taken away from the fleet and to set a legal precedent through the court that will prevent any further draconian actions against the fleet.”

While lobster and deep-sea red crab fisheries were granted a 7-year grandfather period, all other commercial fishing was banned when the 5,000-square-mile monument was established in order to protect deep-sea corals and vulnerable species like North Atlantic right whales.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” Jon Williams, a New Bedford, Mass., crabber and a member of plaintiff group Offshore Lobstermen’s Association told the Associated Press.

Read the full story at National Fisherman

 

Lawsuit against national marine monument moving forward

March 29, 2018 — A lawsuit against a national marine monument, started nearly a year ago, is moving forward once more after a U.S. District Court Judge lifted a stay placed on the case.

The Northeast Canyons and Seamounts National Marine Monument, established via executive order using the Antiquities Act by President Barack Obama, set aside 4,913 square miles (12,724 square kilometers) of ocean 130 miles (209 kilometers) off the coast of New England. Soon after the monument was established, several fishing groups sued the federal government arguing that the move exceeded the President’s authority.

The motivation behind the lawsuit stems from the monument’s blanket ban on all commercial fishing. While a grandfather period of seven years was given to the lobster and deep-sea red crab fisheries, all other fishing operations have been banned from the area.

Now, thanks to U.S. District Court Judge James E. Boasberg’s lift of a stay granted on 12 May 2017, the lawsuit will begin to move forward once more. The lawsuit argues that Obama did not have the authority to establish the monument based on the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government.”

Secretary of the Department of the Interior Ryan Zinke recommended, in a review released in December 2017, that the proclamation of the monument be amended to allow the local fishery management council to make decisions as authorized by the Magnuson-Stevens Act.

“There is no explanation in the proclamation as to why the objects are threatened by well-regulated commercial fishing,” wrote Zinke in his recommendations. “The proclamation should be amended, through the use of appropriate authority.”

Since that recommendation, however, the Trump administration has failed to act.

“Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse – locking fishermen out of an area of ocean as large as Connecticut,” said Jonathan Wood, an attorney with the Pacific Legal Foundation who is representing the plaintiffs. “The court’s decision to lift the stay will now require President Trump to decide whether to act on the secretary’s recommendation or defend President Obama’s unlawful monument decision in court.”

So far, said Wood, they haven’t heard whether or not the administration plans to defend the monument in court.

Read the full story at Seafood Source

 

Opponents, supporters react to Trump’s offshore drilling plan

February 6, 2018 — Environmentalists, fishermen, and state governments are signaling their opposition to the Trump administration’s proposed plan to reopen the ocean off Cape Cod and New England to oil and gas exploration.

“We are skeptical of anything the Trump Administration is doing in the marine environment or anything they are proposing to do,” said Conservation Law Foundation Vice President Priscilla Brooks.

A 2016 Bureau of Ocean Energy Management report estimated nearly 90 billion barrels of recoverable oil and 327 trillion tons of natural gas existed in mostly unexplored areas of the U.S. continental shelf. The new push for fossil fuel exploration and recovery was announced Jan. 4 with the unveiling of the Bureau of Ocean Energy Management’s Draft Five Year Outer Continental Shelf Oil and Gas Leasing Program. It is part of President Donald Trump’s campaign pledge to make the U.S. more energy independent.

Currently, offshore fossil fuel exploration is controlled by a BOEM plan finalized near the end of the Obama presidency. Obama invoked a 1953 law, the Outer Continental Shelf Lands Act, to give what he said would be permanent protection from drilling to the continental shelf from Virginia to Maine.

But there were doubts that Obama’s use of the 1953 law would hold up in court, and the new plan is meant to replace the current one. International Association of Drilling Contractors President Jason McFarland hailed the inclusion of the Atlantic, Pacific, Arctic and an expansion of Gulf of Mexico drilling areas as an important step in achieving the goal of U.S. energy dominance in the world.

“IADC has long argued for access to areas that hold potential for oil and gas development,” McFarland wrote in comments last month, citing a U.S. Energy Information Administration estimate of a 48 percent growth in worldwide energy demand over the next 20 years. “The number and scale of the recoverable resources is large, and can lead to thousands of new jobs and billions of dollars in investment.”

But the Massachusetts Lobstermen’s Association and the various fishermen’s associations have panned the proposal. Last week, the New England Fishery Management Council approved a comment letter to BOEM that requested Mid-Atlantic and Northern Atlantic lease areas be excluded from the exploration and drilling.

Read the full story at the Cape Cod Times

 

MASSACHUSETTS: Whiting plan, marine monument suit on fish board’s plate

March 23, 2017 — With the opening of the 2017 fishing season a little more than a month away, the city’s Fisheries Commission is set to meet Thursday night to discuss potential changes to the management plans for whiting and herring, as well as national marine monuments.

The commission, scheduled to meet at 7 p.m. at City Hall, also will receive an update from J.J. Bartlett, executive director of the Fishing Partnership Support Services, on FPSS-sponsored events for the upcoming year.

The national marine monument discussion will center on the lawsuit filed in U.S. District Court in Washington, D.C., challenging the use of the Antiquities Act by former President Barack Obama to create the Northeast Canyons and Seamounts National Marine Monument off the coast of southern New England in September 2016.

The Massachusetts Lobstermen’s Association has signed on to the lawsuit as a lead plaintiff.

The suit names President Donald Trump, new Secretary of Commerce Wilbur J. Ross and Interior Secretary Ryan Zinke among the five defendants, but really sets its sights on Obama and his actions during the waning days of his presidency.

Read the full story at the Gloucester Times

Fishermen Fight to Dismantle First Marine Monument

March 10, 2017 — Unhappy that a Connecticut-sized area off the coast of New England has become a commercial-fishing-free zone, lobstermen and other groups are asking a federal judge to find that President Barack Obama lacked the authority to designate the nation’s first marine monument.

Obama created the Northeast Canyons and Seamounts National Marine Monument this past September, a move that banned oil and gas exploration within the monument area almost immediately, as well as most commercial fishing. Fishing of lobster and red crab is allowed to continue only for the next seven years.

In a March 7 federal complaint, the Massachusetts Lobstermen’s Association and four other groups say that designation affects nearly 5,000 square miles of Atlantic Ocean that has been an important commercial fishery for decades.

“For centuries, the Georges Bank has supported lucrative fisheries,” the complaint states. “The iconic fishing communities of New England and throughout the East Coast sprang up because of the value of this fishery.”

The commercial fishers say restrictions associated with the monument are causing irreparable harm.

Read the full story at Courthouse News

Opponents of Atlantic monument say process lacked sufficient analysis

September 19th, 2016 — Opponents of President Barack Obama’s newly designated Atlantic marine monument, which will eventually bar all commercial fishing in a 5,000 square-mile area, say its creation was not preceded by sufficient cost-benefit analysis.

Last week, Obama established a protected area — which will be called the Northeast Canyons and Seamounts National Marine Monument — of nearly 5,000 square miles 130 miles southeast of Cape Cod.

The area was established under the 1906 Antiquities Act, which allows the president to create national monuments without congressional approval, and the method means there was a severe lack of economic and scientific analysis before the decision was made, opponents said.

By contrast, the creation of a national park or changes to fishing policies under the Magnuson-Stevens Act typically trigger extensive public comment and review processes.

Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, estimated to Undercurrent News that the economic impact could be over $120 million in lost revenue, but added that making predictions is difficult given how diverse and dynamic the fishery is.

“There was absolutely no analysis done. This was basically behind closed doors,” he said, adding that there were some private meetings, but “nothing that you would have to go through under Magnuson-Stevens”.

According to Moore, many in the industry never expected the monument to pass when they first heard about it a year ago at a meeting in Providence, Rhode Island and is now trying to figure out how it will adjust.

“Basically the industry right now is taking a step back and taking a deep breath. It came at everybody pretty fast,” Moore said.  “It was not until last Friday that certain members of the industry saw the proposal for the first time. That doesn’t give you a whole lot of time to comment and try to work with them. It was basically a done deal.”

Read full story from Undercurrent News