OHA2 Archives - Page 3 of 3

NOAA Fisheries Seeks Comments on Proposed Rule for the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment

November 6, 2017 — The following was released by NOAA Fisheries:

We are seeking public comment on an action that would:

Revise the essential fish habitat designations for all New England Fishery Management Council-managed species and life stages;
Add Habitat Areas of Particular Concern to highlight especially important habitat areas, including 16 canyons and two seamounts;
Revise the spatial management system within the Gulf of Maine, Georges Bank, and the southern New England area to better align with scientific advice on how and where to protect essential fish habitat while balancing the economic needs of the fishing industry;
Establish two Dedicated Habitat Research Areas;
Revise or implement seasonal spawning protection measures; and
Add a system for reviewing and updating the proposed measures.

Read the proposed rule and supplemental documents as published in the Federal Register, and submit your comments through the online portal. You may also submit comments through regular mail to: John Bullard, Regional Administrator, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930.

The comment period is open through December 5.

To learn more about NOAA visit their site here.

Aquatic limbo

November 5, 2017 — Fourteen years is a long time.

Consider, in 14 years children go from being unable to do much more than eat, sleep and relieve themselves to walking, talking, and giving serious consideration to driving a car.

Fourteen years is also the length of time of three-and-a-half presidential terms; more than long enough to change the direction of an entire country and the fates of hundreds of millions of people.

Fourteen years is also an interminably long time to wait if your livelihood is at stake. And yet, it took the New England Fisheries Management Council 14 years to develop regulations regarding the protection of fishing habitats. That, in and of itself, would not be so bad; after all, one would hope that those involved would take the time necessary to get the science right on an issue where so much is at stake.

But it has now been two years since those regulations were passed, and there is little indication that they are any closer to being implemented.

Read the full story at the Cape Cod Times

New Bedford Mayor Jon Mitchell Submits Additional Testimony on Marine Monuments to Congress

WASHINGTON (Saving Seafood) – March 30, 2017 – On March 15, Mayor Jon Mitchell of New Bedford, Massachusetts delivered written testimony to the House Natural Resources Committee expressing serious concerns about the impact of marine monuments on fishermen and coastal communities, as well as the process by which president’s designate monuments using the Antiquities Act.

Yesterday, Mayor Mitchell submitted additional answers to questions from Rep. Doug Lamborn, Chairman of the Subcommittee on Water, Power, and Oceans. In his follow-up answers, Mayor Mitchell supported fisheries management under the Council process created by the Magnuson-Stevens Fishery Conservation and Management Act.

“I would argue that the Council has both the resources and the approach necessary to achieve ecosystem protection (while balancing economic productivity) commensurate with any protections that could be pursued in conjunction with a monument designation under the Antiquities Act,” Mayor Mitchell wrote. “I have witnessed firsthand the strengths of the of the Fishery Council’s deliberative- and decision-making processes.”

Mayor Mitchell went on to cite two recent examples of the Council process effectively being used to protect important marine resources. In the Mid-Atlantic, the Frank R. Lautenberg Deep-Sea Coral Protection Area, designated by the Mid-Atlantic Fishery Management Council in 2015, brought together a broad range of stakeholders to protect over 38,000 square miles of federal waters. The resulting protected area was applauded by conservation groups and fishermen alike.

In New England, the Omnibus Habitat Amendment 2, passed last year by the New England Fishery Management Council after more than a decade of work, used the most up-to-date science to protect essential and vulnerable New England habitats, while opening up areas no longer considered important for successfully conserving fish stocks. The development of this amendment was deliberative and collaborative, with input from federal and state regulators, environmental groups, scientists and academics, and members of the fishing industry, Mayor Mitchell wrote.

Read Mayor Mitchell’s letter here

RON SMOLOWITZ: Marine Monument Plan Subverts Public Input

WASHINGTON (Saving Seafood) — October 8, 2015 — The following letter from Ron Smolowitz, of the Coonamessett Farm Foundation, was published today in the Cape Cod Times.

Your recent editorial endorsing a new Atlantic marine national monument (“A fitting tribute,” Sept. 27) misses the main reason a large and growing number of fishermen, coastal residents and public officials are so opposed to the proposal: It undermines the democratic process and threatens the future of public input in the management of public resources.

For many fishermen, this is not primarily an economic issue. Parts of the areas under consideration, particularly Cashes Ledge in the Gulf of Maine, have been closed to most forms of fishing for over a decade, and will remain closed under Omnibus Habitat Amendment 2, recently approved by the New England Fishery Management Council. Fishermen recognize the value of reasonable protections for these areas.

Rather, there is broad opposition to a marine monument because this proposal – and the precedent it sets – threatens the open and public process that has so far successfully preserved these areas. A national monument designation would mean that unilateral, one-time executive action will replace public input from a diverse variety of interests – including scientists, fishermen, regulators, and environmentalists – that has played an essential role in promoting conservation and successful management. This process works and needs to be respected.

Read the letter from Ron Smolowitz to the Cape Cod Times here

A Simple Map Shows Cashes Ledge Habitat Is Already Protected

WASHINGTON (Saving Seafood) — September 2, 2015 — Yesterday, Saving Seafood released an analysis explaining how the proposal to use a National Monument designation to protect Cashes Ledge, as advocated by the Conservation Law Foundation, Pew Charitable Trusts, the National Geographic Society, and the Natural Resources Defense Council, overlooks existing protections and overrides the current, successful system of open, democratic management. In short, we called the proposal “a solution in search of a problem,” one that removes the public from the management of public resources.

Read the full Saving Seafood analysis here

The New England Fishery Management Council (NEFMC) today provided Saving Seafood with an updated map (see below), one that is clear, simple, and easy to understand. It delineates the protections the Council voted for last June in Omnibus Habitat Amendment 2 (OHA2), which are currently being evaluated by the National Oceanic and Atmospheric Administration (NOAA) for final approval. In light of this evening’s public event at the New England Aquarium which will describe the uniqueness and value of this region, Saving Seafood is sharing this map so that all interested parties can be fully aware of the protections already in place, additional protections currently in progress, and of the decade of work by numerous scientists, fishermen, regulators, environmentalists, elected officials, researchers, academics, and career government staff at the Council and the Agency that has gone into developing them.

As we noted in our analysis, the NEFMC and NOAA have successfully protected Cashes Ledge over the last decade though a collaborative, consultative process that built a consensus among the scientists, fishermen, regulators, and other valuable New England stakeholders. The Council has also ensured that the region remains protected well into the future with the recent approval of Omnibus Habitat Amendment 2 (OHA2), and is working to extend similar protections to the New England Canyons and Seamounts through their in-progress Deep-Sea Coral Amendment.

These developments support Saving Seafood’s conclusion that the process as it exists is working, and the a National Monument designation would only circumvent and undermine the public management of these areas that have been so beneficial to Cashes Ledge and other unique habitats.

See the updated map below:

Analysis: New England Marine Monument Proposals Overlook Existing Protections, Overstep Democratic Management

WASHINGTON (Saving Seafood) – September 1, 2015 — Fishermen, fisheries managers, and environmentalists agree that the Cashes Ledge region of the Gulf of Maine is home to some of the most important marine environments in New England. These include lush kelp forests and the diverse ecosystem of Ammen Rock. Since the early 2000s, federal fisheries managers have recognized the value of these areas and have taken proactive steps to protect their unique habitats, preventing commercial fishermen from entering the areas and allowing them to develop mostly undisturbed from human activity.

But according to several environmental groups, including the Conservation Law Foundation, Pew Charitable Trusts, the National Geographic Society, and the Natural Resources Defense Council, such long-standing and effective protections are suddenly insufficient. A public relations, media and lobbying campaign has launched to have Cashes Ledge and the New England Canyons and Seamounts designated a National Monument. While such an effort may seem consistent with the current record of environmental stewardship on Cashes Ledge, such a designation would actually undermine the current management system by removing local and expert input from the process.

The current closures on Cashes Ledge are the result of an open, democratic and collaborative process. Managed by the New England Fishery Management Council (NEFMC), the protections are the result of extensive consultation with scientists, fishermen, regulators, and other valuable stakeholders in New England. Through this process, the Council built a durable consensus in the region on the need to protect and preserve Cashes Ledge. As a result, no federally managed fisheries are allowed to operate in the area. Only the state-managed lobster fishery is permitted in the region, which is subject to the equally open and public management process of the Atlantic States Marine Fisheries Commission (ASMFC).

This process has been successful in making Cashes Ledge the hotspot for marine life that it is today. In fact, it has done everything that we usually ask of successful habitat management. The area has been closed for over a decade, and there are no plans to open it in the future. The bottom-tending gear that is likely to disturb habitats is already prohibited in this area. In the recently passed Omnibus Habitat Amendment 2 (OHA2), the Cashes Ledge closures remain untouched, and the current levels of protection are extended into the foreseeable future.

Since 2012, the NEFMC has been working on extending similar protections to the corals and other habitat features of the New England Canyons and Seamounts. Combined with efforts such as NOAA’s Deep-Sea Coral Data Portal, the Council is collaborating with a variety of stakeholders to fashion the best possible protections for the area. On September 23, the Council’s Habitat Committee will be discussing the Omnibus Deep-Sea Coral Amendment. Much like with the habitat protections on Cashes Ledge, this is being conducted through an open and public process that includes scientists, fishermen, regulators, and other interested parties.

So while CLF press secretary Josh Block has been recently quoted as saying a National Monument designation would ensure that the area “remains permanently protected from harmful commercial extraction, such as oil and gas drilling, commercial fishing and other resource exploration activities,” there are no actual attempts to remove the current protections, or to allow any of these activities on Cashes Ledge. Monica Medina of the National Geographic Society, who served in the Obama Administration as Principal Deputy Undersecretary for Oceans and Atmosphere at NOAA, acknowledges that the areas “are currently closed to industrial fishing,” but goes on to say “there have been calls to open them to fishing at some point in the future.” From who is a mystery, because during the OHA2 process, the only suggested openings were for scientific analysis.

National Geographic’s Monica Medina wrote, “scientists have recently uncovered some offshore treasures [in New England]: an area called Cashes Ledge, plus five canyons and sea mounts.” In fact, Cashes Ledge was mapped by R. Rathbun and J. W. Collins in 1887. National Geographic Explorer-in-Residence Dr. Sylvia Earle herself acknowledged this after a recent dive, stating, “I saw for myself what scientists have been raving about for years.” And in what turned out to be a harbinger of the National Monument effort, Dr. Earle stated, “Cashes Ledge is the Yellowstone of the North Atlantic.”

In addition to being superfluous to the effective management of Cashes Ledge, a National Monument designation would undermine the management system already in place. A designation of a National Monument necessitates unilateral action by the President under the 1906 Antiquities Act. Such action circumvents and strips away valuable democratic processes that protect these regions and sustain their important commercial fisheries. The council system by which areas like Cashes Ledge are managed – and through which such areas are already off limits to most fishermen – would diminish in importance, as would the expert input from all relevant stakeholders, including scientists, fishermen, and conservationists.

The current management structures and systems now in place under federal guidelines, including the management of the NEMFC and ASMFC, and other regulatory procedures – including proposals to change protections – are fundamentally democratic. They allow ample time for stakeholder input from all perspectives. If organizations such as CLF and the Pew Charitable Trusts want to alter current habitat protections, there is a decades-old, established public process to accommodate them.

These procedures have led to remarkable recent success stories. In fact, just two months ago, both CLF and Pew Charitable Trusts praised the very procedures they now seek to circumvent. In June, the Mid-Atlantic Fishery Management Council voted to protect 38,000 square miles of marine habitat to preserve deep-sea corals. The same council process that produced such laudable results in the Mid-Atlantic is the same one that is in place New England. A unilateral marine monument designation, in contrast, would nullify existing management.

Recent history also demonstrates the risks and pitfalls of unilateral attempts to designate marine National Monuments of the exact sort as that being proposed for Cashes Ledge. The expansion of the Pacific Remote Islands Marine National Monument by President Obama in 2014, for example, came under intense public scrutiny from native Pacific Islanders, commercial fishermen, and scientists alike, all of whom criticized the Administration for failing to consider crucial stakeholder input.

The current proposal for a National Monument on Cashes Ledge is a solution in search of a problem. It fixes a process that isn’t broken. It seeks an outcome that is already in effect. And it removes the public from the management of public resources.

Saving Seafood Analysis: Campaign for New England Marine Monument a “Solution in Search of a Problem”

WASHINGTON (Saving Seafood) — September 1, 2015 — An analysis released today by Saving Seafood examines a proposal from several environmental organizations to extend “permanent” protections to the Cashes Ledge region of the Gulf of Maine and the New England Canyons and Seamounts, by asking President Obama to declare the area a National Monument. The analysis notes that these efforts are largely duplicative of area closures already in place in this region, none of which are poised for opening. Saving Seafood further concludes that such a unilateral move would undermine the democratic and collaborative processes that to date have been highly effective in preserving and protecting the area.

Read the analysis from Saving Seafood here

The Conservation Law Foundation (CLF) and partners including the National Geographic Society, Pew Charitable Trusts and the Natural Resources Defense Council intend to ask that these areas be declared the eastern seaboard’s first Marine National Monument, according to emails sent by CLF to State House News Service. A sold out event scheduled for Wednesday, September 2 at the New England Aquarium, featuring National Geographic and the CLF, is expected to discuss this proposal. Last Friday, Maine Governor Paul LePage wrote to President Obama opposing the designation of areas within the Gulf of Maine as a national maritime monument, as reported by the Portland Press Herald.

Such a designation would be both duplicative of, and possibly damaging to, the current management of Cashes Ledge, according to the Saving Seafood analysis. Closures already in place, developed through an open, democratic and collaborative process under the Magnuson-Stevens Act, already prohibit fishing of federally managed species in the area. These prohibitions have been in place for over a decade, the analysis notes, and have been extended into the foreseeable future with the recent passage of Omnibus Habitat Amendment 2. The Council is actively working on extending similar protections to the New England Canyons through the Deep-Sea Coral Amendment.

A petition being circulated by CLF and promoted by National Geographic notes that a “trawl could strip clear the kelp forest on Ammen Rock,” but as noted in the Saving Seafood analysis, current protections for these areas – including regulations passed as recently as June of this year – already protect areas such as Ammen Rock and the kelp forests. Saving Seafood notes that none of these areas are being considered for opening to fishing.

The Saving Seafood report also cautions against proposals to create “permanent” protections for these areas that would circumvent the process already in place to manage New England’s marine habitats. It notes that the New England Fishery Management Council has responsibility for managing Cashes Ledge and other habitat areas. Through a deliberative, consultative effort involving input from scientists, public officials, regulators, and other stakeholders, the Council has consistently protected the unique habitats on both Cashes Ledge and other areas in the Gulf of Maine and Georges Bank.

According to the analysis, efforts to circumvent these procedures in pursuit of ostensibly “permanent” protections, such as a National Monument designation via the Antiquities Act, would undermine the open and democratic management process that has already resulted in the long-term protection of Cashes Ledge. Upending the regulatory process that has worked so well for so long is likely to do more harm than good, the report concludes.

Read the analysis from Saving Seafood here