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Trump team nears decision on national monuments

August 21, 2017 — As Interior Secretary Ryan Zinke approaches the 24 August deadline for his recommendations to President Donald Trump on whether to alter dozens of national monuments, conservation proponents say it remains all but impossible to predict which sites the administration could target for reductions or even wholesale elimination.

In recent months, Zinke has traveled from coast to coast as he conducted the review, which included 27 national monuments created since 1996, the majority of which are larger than 100,000 acres.

Northeast Canyons and Seamounts Marine National Monument, Atlantic Ocean

Obama created the first Atlantic marine monument in 2016 when he designated nearly 5,000 square miles for preservation off the coast of Massachusetts.

But the decision — which barred oil and gas exploration in the area and restricted commercial fishing — drew a lawsuit from Northeastern fishermen, including the Massachusetts Lobstermen’s Association, Atlantic Offshore Lobstermen’s Association, Long Island Commercial Fishing Association, Rhode Island Fishermen’s Alliance and Garden State Seafood Association.

The case is pending in the U.S. District Court for the District of Columbia, but a judge stayed action in the case in May to await the outcome of the Trump administration’s reviews (E&E News PM, May 12).

During his visit to the East Coast in June, Zinke stopped in Boston to meet with both fishermen’s groups and scientists about the monument.

The Boston Globe reported that Zinke appeared sympathetic while meeting with about 20 representatives of New England’s seafood industry.

“When your area of access continues to be reduced and reduced … it just makes us noncompetitive,” Zinke said at the time. “The president’s priority is jobs, and we need to make it clear that we have a long-term approach to make sure that fishing fleets are healthy.”

Papahānaumokuākea Marine National Monument, Hawaii

This site near Hawaii is the world’s largest marine protected area at nearly 600,000 square miles.

Bush first designated the site — originally named the Northwestern Hawaiian Islands Marine National Monument — in 2006, then renamed it to Papahānaumokuākea in early 2007 in honor of Hawaiian gods Papahānaumoku and Wākea, whose mythology includes the creation of the Hawaiian archipelago and its people.

In 2016, Obama opted to quadruple the site’s size to protect the 7,000 species that live in the monument’s boundaries, as well as to extend prohibitions on commercial fishing and extractive activities (E&E Daily, Aug. 26, 2016).

The Trump administration could opt to try to roll back those prohibitions as well as the monument’s size.

Read the full story from E&E News at Science Magazine

Papahanaumokuakea Review Spurs Tension With Conservation Groups, Fisheries

June 28, 2017 — President Donald Trump’s targeting of the Papahanaumokuakea Marine National Monument in the northwest Hawaiian Islands for national review has revived a lopsided debate between Native Hawaiians, senators, scientists and conservation groups in favor of the monument’s designation, and an activist fishery council mainly concerned with “maximizing longline yields.”

The Western Pacific Regional Fishery Management Council vocally opposed the monument’s expansion in 2016 during a public comment process, communicating that to the White House under the leadership of Executive Director Kitty Simonds. Simonds’ PowerPoint presentation at a recent Council Coordination Committee meeting detailed other monument areas in the Pacific under review, including the Pacific Remote Islands and Rose Atoll, explicitly criticizing the designations as an abuse of the Antiquities Act. The PowerPoint concludes, “Make America great again. Return U.S. fishermen to U.S. waters.”

Established by the Magnuson-Stevens Fishery Conservation and Management Acts of 1976 and 1996, WESPAC is charged with reporting its recommendations for preventing overfishing and protecting fish stocks and habitat to the Commerce Department.

While WESPAC International Fisheries Enforcement and National Environmental Policy Act coordinator Eric Kingma believe that WESPAC’s communications with the president fall within the agency’s purview of advising the executive branch, others, including Earthjustice attorney Paul Achitoff, consider the comments an illegal “lobby to expand WESPAC turf” and shape public policy.

WESPAC argues that monument expansion hampers longline fishermen from feeding Hawaii, which imports roughly 60 percent of the fish it eats. Pro-expansion groups such as Expand Papahanaumokuakea point out that only 5 percent of longliner take came from the monument; that longliners have recently reached their quota by summer, then resorted to buying unused blocks from other fleets; and that much of the longliners’ take, including sashimi-grade bigeye tuna, is sold at auction to the mainland U.S., as well as to Japanese and other foreign buyers. The bigeye tuna catch, moreover, has been trending upward every year since the first year of logbook monitoring in 1991. In 2014, the Hawaii longline fleet caught a record 216,897 bigeye tuna, up 12 percent from 2013.

Read the full story at Courthouse News Service

Targeted monuments are on land, in sea

April 28, 2017 — President Trump’s call to review 24 national monuments established by three former presidents puts in limbo protections on large swaths of land that are home to ancient cliff dwellings, towering sequoias, deep canyons and ocean habitats where seals, whales and sea turtles roam.

Trump and other critics say presidents have lost sight of the original purpose of the law created by President Theodore Roosevelt that was designed to protect particular historical or archaeological sites rather than wide expanses. Here’s a quick look at five of the monuments on the list:

Northeast Canyons and Seamounts Marine National Monument:

Designated by President Barack Obama in September 2016, the Atlantic Ocean’s first marine national monument consists of nearly 5,000 square miles of underwater canyons and mountains off the New England coast. The designation was widely praised by environmentalists as a way to protect important species and habitat for whales and sea turtles while reducing the toll of climate change.

The designation closed the area to commercial fishermen.

Papahanaumokuakea Marine National Monument:

This remote monument northwest of Hawaii’s main islands was created by President George W. Bush in 2006 and was quadrupled in size last year by President Obama. The nearly 583,000-square-mile safe zone for tuna, the endangered Hawaiian monk seal and thousands of other species is the world’s largest marine protected area, more than twice the size of Texas.

Obama pointed to the zone’s diverse ecology and cultural significance to Native Hawaiian and early Polynesian culture as reasons for expanding the monument.

Read the full story from the Associated Press at the Portland Press Herald

Trump orders review of national monuments, vows to ‘end these abuses and return control to the people’

April 27, 2017 — The following is an excerpt of a story published in the Washington Post on April 26:

President Trump signed an executive order Wednesday instructing Interior Secretary Ryan Zinke to review any national monument created since Jan. 1, 1996, that spans at least 100,000 acres in a move he said would “end another egregious use of government power.”

The sweeping review — which Trump predicted would “end these abuses and return control to the people, the people of all of the states, the people of the United States” — could prompt changes to areas designated not only by former president Barack Obama but also by George W. Bush and Bill Clinton.

The review will also examine major marine areas that Bush and Obama put off limits. That includes Hawaii’s Papahanaumokuakea Marine National Monument, which Bush designated in 2006 and Obama quadrupled in size a decade later.

James L. Connaughton, who chaired the Council on Environmental Quality under Bush, said that Bush criticized “the flawed process” that led to Clinton’s designation of Grand Staircase-Escalante and that his deputies solicited local input once he took office.

Although Connaughton defended the Antiquities Act as “one of the best balances between the two branches,” he said Obama had overreached in his expansion of Papahanaumokuakea and the creation of a controversial marine monument off New England’s coast.

“They fell short on the process and the substance underlying the justification for them,” Connaughton said of Obama administration officials. “As a result, it’s created legitimate criticism, which undermines the support for subsequent designations.”

Read the full story at the Washington Post

Western Pacific Council to Tackle Management in Papahanaumokuakea Marine National Monument

March 23, 2017 — SEAFOOD NEWS — At this week’s Western Pacific Regional Fishery Management Council in Honolulu, members are developing new fishing rules for the marine national monument that was expanded last year and decided which species will be under federal management as components of the area’s ecosystem.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas. The Council includes the local fishery department directors from Hawai’i, American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI), fishing experts appointed by the Governors and federal agencies involved in fishing-related activities.  The meeting runs through tomorrow and is open to the public.

The Presidential proclamation under the Antiquities Act that expanded the Papahanaumokuakea Marine National Monument calls for closing offshore commercial fisheries from 50 to 200 miles around the NWHI, an area twice the size of Texas.

The Hawai’i-based longline fleet is expected to redirect its fishing efforts to the high seas (beyond 200 miles from shore) or into the allowable longline fishing area 50 to 200 miles offshore around the main Hawaiian Islands. The Hawai’i longline fleet, which catches bigeye tuna and swordfish, is banned from 0 to 50 miles throughout Hawai’i.

While the Presidential proclamation bans commercial fishing around the NWHI, it allows regulated non-commercial and Native Hawaiian subsistence fishing.

This week the Council is considering the results of public scoping meetings that were conducted throughout Hawai’i in December as well as the recommendations of its advisory bodies.

The Council’s Scientific and Statistical Committee (SSC), which met March 7 to 9 in Honolulu, recommends that existing data, such as data from the former sport-fishing operation at Midway Atoll in the NWHI and the Hawaii tuna tagging project, be explored.

The SSC also recommends that potential impact on protected species be considered as fishing effort is redistributed.

The Council advisory bodies jointly support the removal of fishing provisions in the NWHI as well as other marine monuments in the region: Rose Atoll (American Samoa), Marianas Trench (CNMI) and Pacific Remote Islands (the US atoll and island possessions of Johnston, Palmyra, Wake, Baker, Howland, Jarvis and Kingman Reef). The group recommends that the Council continue to express its concerns to the new Administration regarding the impacts to fisheries from the monument designations and their expansions as well from military closures and other marine protected areas in the region.

In addition to management of the monument, the Council will determine which of the thousands of marine species in the region will be managed using annual catch limits as targeted fish species,  and which will be managed using other tools (for example, minimum sizes and seasonal closures) as ecosystem component species. The Council may endorse the SSC recommendation to form an expert working group to ensure the final listings take into account species of social, cultural, economic, biological and ecological importance.

As part of the Council meeting, a Fishers Forum on Using Fishers Knowledge to Inform Fisheries Management will be held 6 to 9 p.m. on March 22 at the Ala Moana Hotel, Hibiscus Ballroom. The  event includes informational booths, panel presentations and public discussion.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

Commercial fishermen aim to ease fishing restrictions at national monument

March 22, 2017 — The debate over fishing regulations at the Papahanaumokuakea Marine National Monument is heating up again.

The council that helps outline rules for fishing in the federally protected area says it wants to work with the Trump Administration to ease restrictions there, making it easy for Hawaii’s commercial fishermen to work in waters around the monument.

Environmental groups are demanding protections remain in place. Some are even calling for an investigation.

The Western Pacific Regional Fishery Management Council – known as Wespac – is meeting at the Ala Moana Hotel through Thursday. One key issue being discussed is the development of new fishing regulations for the waters around the Northwestern Hawaiian Islands.

Wespac members say Hawaii’s longline fishermen have been negatively impacted by the expansion of the national monument, with the fleet being forced to fish in high seas, in competition with other countries.

“We’ve shut out over half of our exclusive economic zone to our fisherman, and it doesn’t make sense in an environment where we’re importing fish to feed our own people,” said Edwin Ebisui, the council’s chair. “The administration has already telegraphed that it wants to streamline regulations and make sure regulations are productive by nature.”

Read the full story at Hawaii News Now 

Calls grow louder for Trump to reverse marine monument designations

March 13, 2017 — Elected representatives in Congress and industry groups are appealing to the administration of U.S. President Donald Trump to investigate the potential of removing marine monument designations made by Trump’s predecessors, Barack Obama and George W. Bush.

U.S. House of Representatives Committee on Natural Resources Chairman Rob Bishop (R-UT) and Rep. Aumua Amata Coleman Radewagen (R-American Samoa) sent a letter to Trump earlier this week requesting the removal of fishing restrictions and the reinstatement of fisheries management under federal law, according to a letter released by the committee.

“Using the Antiquities Act to close U.S. waters to domestic fisheries is a clear example of federal overreach and regulatory duplication and obstructs well-managed, sustainable U.S. fishing industries in favor of their foreign counterparts,” the letter said. “You alone can act quickly to reverse this travesty, improve our national security, and support the U.S. fishing industry that contributes to the U.S. economy while providing healthy, well-managed fish for America’s tables.”

The letter attributes the closure of the Tri Marine’s Samoa Tuna Processors canning factory in American Samoa in December 2016 to the U.S. purse-seining tuna fleet’s loss of access to fishing areas in the Pacific Remote Islands Marine National Monument designated in 2009 by President George W. Bush. It also criticizes the Papahānaumokuākea Marine National Monument – created by Bush and expanded by Obama – for removing fishing territory from the Hawaii longline fleet.

“[The monument designations] exemplify how a president and government bureaucracies can dispassionately decimate U.S. fishing industries,” the letter said.

In their letter, Bishop and Radewagen urge Trump to “act swiftly and effectively to remove all marine monument fishing prohibitions,” but do not clarify what specific actions they are asking Trump to take to undo the marine monument designations made under the powers of the Antiquities Act.

Read the full story at Seafood Source

Western Pacific Regional Fishery Management Council Sends Letters to Obama on Impacts of Marine National Monuments

December 19, 2016 — The following was released by the Western Pacific Regional Fishery Management Council:

HONOLULU — The Western Pacific Regional Fishery Management Council is hopeful that when President Obama arrives in Honolulu tomorrow, he will acknowledge the $100 million commercial fishing industry in Hawai‘i and the impacts on that fishery by his expansions of the Papahanaumokuakea Marine National Monument (MNM) in the Northwestern Hawaiian Islands (NWHI) and the Pacific Remote Islands MNM, which includes nearby Johnston Atoll. The value of the Hawaii longline fishery is excess of $300 million when factoring in retail markets and support industries and their employees.

The National Marine Fisheries Service’s Pacific Islands Fisheries Science Center has reported that the expanded Papahanuamokueakea MNM may account for a potential loss of about 2.5 million pounds per year of tuna and other pelagic species worth on average $8 million, more than $9 million in fishery support businesses (e.g., fuel, gear, ice, etc.), $4.2 million in household income and $0.5 million in tax revenue and affect more than 100 jobs. The impact will be much greater on fishermen who historically utilized the US waters around the NWHI as their primary fishing grounds as well as smaller boats that are restricted in their range. Given these economic impacts, the Council believes that prohibiting commercial fishing in this area should be phased in.

On Dec. 1, 2016, the Council sent its fifth letter to Obama about its concerns with the NWHI MNM expansion and a sixth letter about the impacts of the three other marine national monuments that have been proclaimed in the US Pacific Islands. The Rose Atoll, Pacific Remote Islands and Marianas Trench MNMs impact the fisheries of not only Hawai‘i but also American Samoa, Guam and the Commonwealth of the Northern Mariana Islands (CNMI) as well as local and US mainland seafood consumers. The Obama administration has not responded to any of the Council’s previous four letters, which were sent over the past nine months.

Presidential proclamations through the Antiquities Act have banned commercial fishing in 61 percent of US waters around the Hawaiian Islands and have placed 51 percent of US waters around the US Pacific Islands under MNM designation. The Antiquities Act requires that monuments be proclaimed for the smallest size needed for conservation of resources of scientific and cultural interest. Obama has invoked future climate change impacts on biodiversity as one of the primary reasons for the presidential action in his proclamations expanding the NWHI and Pacific Remote Islands MNMs.

Climate change impacts occur over much larger areas than contained in any marine monument. The Council believes climate change impacts will not be mitigated by prohibiting the commercial catch of a well-managed and enforced US fishery in discrete areas of US waters. Furthermore, the Council has repeatedly questioned the use of the Antiquities Act for marine conservation of tuna, billfish and other highly migratory species, which move well beyond the monument boundaries.

“The Antiquities Act process circumvents the National Environmental Policy Act and the Magnuson-Stevens Fishery Conservation and Management Act, both of which require environmental, social and economic analysis and public input,” notes Council Executive Director Kitty M. Simonds.

Prior to the expansion of the NWHI monument, which spans an area four times the size of Texas, about 10 percent of the fishing effort of the Hawai‘i longline fleet were in these monument waters. Another 10 percent were in the US waters around nearby Johnston Atoll, which Obama closed to fishing when he expanded the Pacific Remote Islands MNM in 2014.

“The push for the monuments was driven not by popular demand but by a Washington, DC-based environmental organization, the Pew Environment Group, which has had the ear of successive presidents,” explains Council Chair Edwin Ebisui Jr. “A Pew funded study estimated that the Marianas Trench MNM would result in $10 million per year in direct spending, $5million per year in tax and the creation of 400 jobs. Needless to say, neither Guam nor the CNMI has seen any economic benefits from the monument. After seven years a monument management plan has not been completed by NOAA and the US Fish and Wildlife Service. Now there is talk about overlaying the monument status with a National Marine Sanctuary designation.”

While the local governments have received no economic benefit from the monuments, NOAA and the US Fish and Wildlife Service have been receiving $3 million per year for “monument management,” notes the Council’s letter about the Marianas Trench, Pacific Remote Islands and Rose Atoll MNMs. At the same time, the US Coast Guard and NOAA Office of Law Enforcement have not received additional funds or assets to increase patrols of the monument waters..

The Council was established by Congress in 1976 and has authority over fisheries seaward of state/territory waters in the US Pacific Islands pursuant to the Magnuson-Stevens Act. For more information and to download the letters, go to www.wpcouncil.org, email info@wpcouncil.org or phone (808) 522-8220.

Letter to Obama on Papahanaumokuakea

Letter to Obama on Rose Atoll, Marianas Trench and Pacific Remote Islands MNM

See the full release at WESPAC

Little input on fishing in expanded monument area

December 15, 2016 — LIHUE, Hawaii — The first round of several meetings addressing options for management of the newly expanded Papahanaumokuakea Marine National Monument came to Kauai Tuesday night.

Joshua DeMello, fisheries analyst with the Western Pacific Regional Fishery Management Council, explained the process to a scant audience at Chiefess Kamakahelei Middle School.

“We’re also looking at options for Native Hawaiian subsistence fishing,” DeMello said.

Read the full story at the Garden Island

Will Trump Be Able To Undo Papahanaumokuakea?

November 28, 2016 — In the months leading up to the Nov. 8 election, President Barack Obama signed a series of proclamations to dramatically increase the amount of land and water that is federally protected from commercial fishing, mining, drilling and development.

On Aug. 24, he established a nearly 90,000-acre national monument in the Katahdin Woods of Maine. 

Two days later, Obama expanded Papahanaumokuakea Marine National Monument around the Northwestern Hawaiian Islands by 283 million acres, making it the world’s largest protected area at the time.

And on Sept. 15, he created the first national monument in the Atlantic Ocean, protecting more than 3 million acres of marine ecosystems, seamounts and underwater canyons southeast of Cape Cod, Massachusetts.

Obama has used a century-old law called the Antiquities Act to federally protect more land — 550 million acres and counting — than any other president. He’s established 24 new national monuments in at least 14 states since taking office eight years ago, with the bulk of the acreage in Papahanaumokuakea and the Pacific Remote Islands.

But with Republican Donald Trump’s surprise upset of Democrat Hillary Clinton, attention is turning to what Trump plans to do when he takes office in January and whether he will seek to undo or at least modify the national monuments that Obama created.

Advocates for commercial fishing interests on the East Coast have started nudging policymakers to consider what changes the next administration could make. But West Coast and Hawaii industry groups are still gathering information and developing plans.

Saving Seafood, a nonprofit that represents commercial fishing interests, has already started pushing policymakers to consider what changes the next administration could make to the Northeast Canyons and Seamounts Marine National Monument. 

Saving Seafood Executive Director Robert Vanasse told the Associated Press earlier this month that he thinks it would be “rational” to allow some sustainable fishing in the monuments.

Read the full story at the Honolulu Civil Beat

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