Atlantic Offshore Lobstermen's Association Archives

SCOTUS Won’t Review Marine Monument Case But Issues Warning

March 22, 2021 — The U.S. Supreme Court won’t take up a challenge to Obama-era protections for a marine monument off the coast of New England, in a win for conservationists and blow to fishermen who have fought restrictions in the area for years.

But the denial came with a warning from Chief Justice John Roberts, who expressed concern that presidents have been exercising “power without any discernible limit” when they create new national monuments.

The high court on Monday rejected a petition from the Massachusetts Lobstermen’s Association and other groups that say the 2016 establishment of the Northeast Canyons and Seamounts Marine National Monument exceeded the president’s authority under the Antiquities Act.

In a statement on the court’s denial of the petition, Roberts questioned the scope of presidential authority under the law, which governs monuments. Roberts noted that the act was intended to protect prehistoric Indigenous artifacts and “smallest area compatible” with protection.

That’s of little consolation to fishermen affected by restrictions in the Northeast Canyons monument, said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, a party to the case.

“His statement leads me to believe that he realizes and understands the complexity of this issue,” Moore told Bloomberg Law. “Unfortunately for the fishing industry, we are just a speck of dust.”

Read the full story at Bloomberg Law

A legal war, a Biden win: What’s next for a marine monument?

December 11, 2020 — When Grant Moore first started lobstering, he thought of the ocean as a vast expanse with an endless supply of marine life ripe for the catching.

But when he took to his boat off the coast of Massachusetts, it wasn’t long before he began bumping up against the operations of Canadian fishers. And over the course of his 40-year career, he has seen new restrictions and closures that have further reined in the claims he and his competitors had laid on the seas.

“The ocean got smaller and smaller and smaller,” said Moore, who serves as president of the Atlantic Offshore Lobstermen’s Association.

It’s about to shrink again — unless Moore and other fishers can convince the Supreme Court to get involved in a legal battle over a marine monument that will soon block crab and lobster operations in a Connecticut-sized chunk of the Atlantic Ocean where the two fisheries generate an estimated $15 million in annual revenue.

Read the full story at E&E News

RHODE ISLAND: Commercial Fishermen Endorse Partial Balloon Ban

February 3, 2020 — Commercial fishermen aren’t happy with the amount of balloons they constantly find floating in the ocean and, thus, support a bill that places restrictions on their use.

House bill H7216 doesn’t ban or prohibit the use of balloons but forbids the intentional release of balloons containing helium.

At a Jan. 28 hearing of the House Judiciary Committee, commercial fisherman Norbert Stamps gave emotional testimony recounting the endless presence of balloon and balloon strings floating at sea between Canada and Virginia.

“This is not some bullshit pollution legislation,” Stamps said. “This is the biggest piece of plastic commercial fishermen in New England see in our ocean and New England coast.”

Balloons, he said, are the most common waste fishermen encounter, most often as a bunch of balloons that have been released from weddings, graduations, and other events.

Balloons threaten filter feeders such as endangered North Atlantic right whales, Stamps noted. A 2019 study out of Australia found that soft plastics such as balloons accounted for only 5 percent of the items ingested by seabirds but are responsible for 42 percent of seabird deaths. Balloons floating in water also resemble jellyfish and are often consumed by seals and turtles.

Read the full story at EcoRI

Fishermen suit against Atlantic marine monument moves ahead

March 27, 2018 — PORTLAND, Maine — Organizations suing to eliminate the first national marine monument in the Atlantic Ocean have gotten the OK to proceed with a suit designed to reopen the area to commercial fishing, which environmentalists fear could jeopardize preservation efforts.

The fishing groups sued to challenge the creation of the Northeast Canyons and Seamounts Marine National Monument created by President Barack Obama in 2016. It’s a 5,000-square-mile area off of New England that contains fragile deep sea corals and vulnerable species of marine life such as right whales.

The fishermen’s lawsuit had been put on hold by a review of national monuments ordered by President Donald Trump’s administration in April 2017. Court filings at U.S. District Court for the District of Columbia say the stay was lifted in mid-March and the litigation can proceed.

Marine national monuments are underwater areas designed to protect unique or vulnerable ecosystems. There are four of them in the Pacific. The Northeast monument, the only one off the East Coast, is also an area where fishermen harvest valuable species such as lobsters and crabs.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” said Jon Williams, a New Bedford, Massachusetts, crabber and a member of plaintiff group Offshore Lobstermen’s Association. “It’ll raise attention to it a little bit, which it needs.”

The court ordered the federal government, which is the defendant in the case, to respond by April 16. A spokeswoman from the federal Department of Commerce declined to comment.

The lawsuit’s ability to move forward will hopefully prod the federal government to make a decision about the future of the monument, which is unpopular with commercial harvesters, Williams said. But a coalition of environmental groups is also intervening in the case in an attempt to keep the monument area preserved.

Read the full story at the AP News

Path to extinction for North Atlantic right whales

March 26, 2018, PROVINCETOWN, Mass. — Inside the cabin of the research vessel Shearwater, Charles “Stormy” Mayo, senior scientist and director of the Right Whale Ecology Program at the Center for Coastal Studies, pulled up on his computer an image of the family tree of North Atlantic right whale #1140.

This whale — dubbed “Wart” by researchers — has a file of photographs, identifying marks, and a life history, as does nearly every one of the remaining 451 right whales on earth.

“Her productivity has been extraordinary,” Mayo said. But Wart hasn’t been seen since 2014, and some worry her fabled life may have come to an end.

Last summer was particularly tragic with 16, possibly 17, right whales — 4 percent of the remaining population — killed after being hit by ships, entangled in fishing gear, and other unknown causes.

Extinction, experts say, is suddenly a reality.

“It was one of the big stories of the day, that right whales were coming back,” Mayo said. “But up to 2010, you had this appallingly slow climb, then decline. Now we have a species that is clearly headed for extinction.”

Wart, first seen in 1981, at the dawn of right whale research, has been subsequently spotted and identified 66 times from the Bay of Fundy to Florida. Believed to be in her 50s now, she is one of the more successful breeders — mother to seven calves, grandmother to 13 and great-grandmother to six.

But that productivity may not be enough in the face of a host of environmental issues related to an increasingly urbanized ocean — vessel noise, pollution and oil and gas exploration — and the unknown complications from a rapidly warming sea that could affect, for example, the seasonal timing of critical right whale food.

Then, there is the intractable problem of human induced mortality and serious injury.

Sixteen deaths last summer caused many to hit the panic button. Researcher Brian Sharp called it shocking.

“It begs the need for fishery managers, the industry and scientists to push harder to find solutions,” said Sharp, manager of Marine Mammal Rescue and Research at the International Fund for Animal Welfare in Yarmouth.

Twelve of last year’s deaths occurred in the Gulf of St. Lawrence, where right whales had been seen sporadically over the last four decades, fewer than a dozen a year, and not well-documented. Five live entanglements also were documented in that area last year. Unlike the U.S., Canada has had no ship or fishing restrictions in place as the numbers of whales documented in the Gulf, possibly following prey driven north by climate change, has grown.

But four deaths also happened in the U.S. last year, despite decades of research and planning on how to create whale-safe fishing gear, massive fishing closures and rerouted and slowed ships to avoid fatal interactions with whales. The U.S. deaths alone were four times the number scientists set as the maximum allowed per year if the species is going to recover.

“There’s a huge misconception that the industry is not sensitive to this matter or not aware of it. We certainly are, and it concerns the industry a lot,” said Grant Moore, of Westport, a longtime offshore lobsterman and president of the Atlantic Offshore Lobstermen’s Association.

The exact number of North Atlantic right whales that existed prior to human killing is unknown, but the population was likely reduced to fewer than 100 by the time the international 1935 ban on whaling was enacted.

Read the full story at the Cape Cod Times

Big changes likely for national monument just outside Gulf of Maine

December 14, 2017 — Interior Secretary Ryan Zinke may have decided Katahdin Woods & Waters National Monument in northern Maine should be left as it is, but he’s proposing major changes to another monument established just last year in the Atlantic ocean, on the far side of the Gulf of Maine.

Zinke has recommended that commercial fishing activity resume in the Northeast Canyons and Seamounts Marine National Monument and two other marine monuments in the Pacific.

The marine monument, which encompasses nearly 5,000 square miles, lies outside the Gulf of Maine, roughly 100 to 200 nautical miles southeast of Cape Cod along the edge of the continental shelf. It was created by then-President Barack Obama in September 2016.

Since President Donald Trump ordered a review this past spring, Zinke has been reviewing the status of 27 monuments, five of them marine monuments, that were created by prior presidents.

Katahdin Woods & Waters National Monument in northern Maine, also created last year by Obama, was among those under review. Last week, Zinke recommended that no changes be made to the northern Maine monument.

As part of the same report, which was released Dec. 5, Zinke recommended that fisheries in the three marine monuments should be subject to the same federal laws that apply to fisheries nationwide.

Read the full story at the Bangor Daily News

NCFC Members Reaffirm Support for Interior Department’s Marine Monument Recommendations

December 5, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Following today’s official release of Interior Secretary Ryan Zinke’s recommendations to alter three marine national monuments, members of Saving Seafood’s National Coalition for Fishing Communities are reiterating their support for these recommendations, which will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

In September, NCFC members expressed initial support for the changes when a draft of the recommendations were reported in the press. Because the final recommendations are identical to those initially reported, NCFC members stand by their initial statement, which is reproduced below:

Secretary Zinke’s recommendations to President Donald Trump would allow commercial fishing managed under the Magnuson-Stevens Act (MSA) in the recently designated Northeast Canyons and Seamounts Marine National Monument. He also recommended revising the boundaries or allowing commercial fishing under the MSA in the Pacific Remote Islands Marine National Monument and the Rose Atoll Marine National Monument. NCFC members in the Pacific hope that the White House will extend these recommendations to the Papahānaumokuākea Marine National Monument, and appreciate the open and transparent process by which Secretary Zinke reviewed these designations.

Marine monument expansions and designations have been widely criticized by commercial fishing interests as well as by the nation’s eight regional fishery management councils, which in a May 16 letter told Secretary Zinke and Commerce Secretary Wilbur Ross that marine monument designations “have disrupted the ability of the Councils to manage fisheries throughout their range.” Fishing industry members believe these monuments were created with insufficient local input from stakeholders affected by the designations, and fishing communities felt largely ignored by previous administrations.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I., who has been critical of the Obama Administration’s process in designating the monument. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades. We are grateful that the voices of fishermen and shore side businesses have finally been heard,” Mr. Reid concluded.

“There seems to be a huge misconception that there are limitless areas where displaced fishermen can go,” said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. “Basically with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

“The fisheries management process under the existing Magnuson Act is far from perfect, but its great strength is that it has afforded ample opportunities for all stakeholders to study and comment on policy decisions, and for peer review of the scientific basis for those decisions,” stated Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port. In March, Mayor Mitchell submitted testimony to Congress expressing concern over marine monuments. “The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think hitting the reset button ought to be welcomed no matter where one stands in the current fisheries debates, because the end result will be better policy and better outcomes,” Mayor Mitchell concluded.

Fishermen in the Pacific are also supportive of the Interior Department’s review, but remain concerned about the effects of the Papahānaumokuākea Monument, which was omitted from the version of the recommendations being reported. “We are appreciative of Secretary Zinke’s review, and his reported recommendations to support commercial fishing in the Pacific Remote Islands Monument,” said Sean Martin, president of the Hawaii Longline Association. Hawaii’s longline fishing fleet supplies a large portion of the fresh tuna and other fish consumed in Hawaii. “However, we hope that the White House will extend these recommendations to the Papahānaumokuākea Monument, where President Obama closed an area nearly the size of Alaska without a substantive public process. The longline fleet caught about 2 million pounds of fish annually from the expanded area before it was closed to our American fishermen. That was a high price to pay for a presidential legacy,” Mr. Martin continued.

The recommended changes come after an extensive and open public comment period in which the Interior Department solicited opinions from scientists, environmentalists, industry stakeholders, and members of the public. As part of the Interior Department’s review process, Secretary Zinke engaged with communities around the country affected by monument designations. This included a meeting with local fishermen in Boston who explained how the designation of the Northeast Canyons and Seamounts Monument has negatively impacted their livelihoods.

Critics of the monument designation include the regional fishery management councils; numerous fishing groups on the East Coast; and mayors from fishing communities on both coasts.

Additionally, fishery managers in Hawaii have been critical of expansions of both the Papahānaumokuākea Monument and the Pacific Remote Islands Monument. In an April 26 letter to Secretary Zinke, the Western Pacific Regional Fishery Management Council stated that marine monuments around Hawaii “impose a disproportionate burden on our fishermen and indigenous communities,” and noted that they have closed regulated domestic commercial fishing in 51 percent of the U.S. exclusive economic zone in the region.

Florida charter fishermen applauded the review, and a return to the process of established law that guides fishery management. “Destin, Florida was founded by commercial fishermen before the turn of the 20^th century, and continues to be a major port for commercial and charter fishing fleets,” said Captain Gary Jarvis, president of the Destin Charter Boat Association. “To our fishing community, it’s extremely important to address closures of historical fishing grounds through the Magnuson-Stevens mandated regional council process.”

Curiously, although President Obama’s September 2016 monument designation prohibited sustainable low-impact commercial fishing, it allowed other extractive activities including recreational fishing, and even far more destructive activities such as the digging of trenches for international communications cables.

NCFC members supporting the Interior Department’s reported recommendations include:

Atlantic Offshore Lobstermen’s Association
Destin Charter Boat Association
Fisheries Survival Fund
Garden State Seafood Association
Hawaii Longline Association
Long Island Commercial Fishing Association
North Carolina Fisheries Association
Seafreeze Shoreside
Southeastern Fisheries Association
Western Fishboat Owners Association
West Coast Seafood Processors Association

Learn more about the National Coalition for Fishing Communities here.

NCFC Member Grant Moore Joins Sen. Lee, Chairman Bishop on Antiquities Act Panel in Washington

WASHINGTON (Saving Seafood) – October 4, 2017 – Grant Moore, president of NCFC member the Atlantic Offshore Lobstermen’s Association, joined Utah Senator Mike Lee and House Natural Resources Chairman Rob Bishop in a Heritage Foundation panel today on Capitol Hill to discuss national monuments and the Antiquities Act.

At the panel, “National Monuments and the Communities They Impact: Views Beyond the Beltway,” Mr. Moore criticized last year’s designation of the Northeast Canyons and Seamounts Marine National Monument by President Barack Obama, which he said lacked sufficient industry input and public deliberation. The monument designation affects fisheries worth more than $100 million, he said.

“We’re not opposed to monuments,” Mr. Moore said. “We’re opposed to the process in which it was done. It was not transparent. It was not open. If we hadn’t stumbled upon what was happening, we would have had a signature and we wouldn’t have had a say at all.”

Mr. Moore complimented Chairman Bishop for meeting with fishermen and listening to their story in a visit to New Bedford, Mass., last year arranged by Saving Seafood’s National Coalition for Fishing Communities. He also praised another meeting organized by the NCFC earlier this year in which Interior Secretary Ryan Zinke met with fishermen in Boston as part of his review of national monuments.

Secretary Zinke has reportedly recommended to President Donald Trump that commercial fishing be allowed in the Northeast Canyons and Seamounts Monument. The Atlantic Offshore Lobstermen’s Association, based in Newport, R.I., was one of eleven NCFC member organizations that publicly voiced its support for the Secretary’s reported recommendations. At today’s panel, Mr. Moore praised these recommendations, but called them a “Band Aid” that would not prevent the Antiquities Act from being misused to create large national monuments in the future.

“We need to reform the Antiquities Act so it’s not abused,” Mr. Moore said. “Nobody should have the power with the stroke of a pen to put people out of business. Nobody. It has to go through a public process.”

In his remarks, Senator Lee also called for changes to the Antiquities Act. “What’s needed is a wholesale reform of the Antiquities Act to return its monumental power back to where it belongs – to the people who reside closest to the proposed monuments,” he said. “Local residents must have ultimate say over whether their communities can be upended in this way.”

Chairman Bishop discussed the original intent of the Antiquities Act to save endangered antiquities while leaving the smallest footprint possible. But with national monuments now frequently encompassing hundreds of millions of acres, he argued that they are no longer leaving the smallest footprint possible.

“What started as something noble and grand turned into something far different, far less, and it is time now to reform it and make it useful again,” Chairman Bishop said. “The Antiquities Act desperately needs some kind of reform because it is being abused today.”

Watch the full panel here

Marine monument may be opened to fishing under Trump

September 19, 2017 — US Interior Secretary Ryan Zinke has recommended that President Trump make significant changes to 10 national monuments, including proposals to allow commercial fishing in a protected expanse off Cape Cod and to open woodlands in Northern Maine to “active timber management.”

Zinke’s recommendations, first reported by the Washington Post, could have significant consequences for New England. Allowing commercial fishing in the Northeast Canyons and Seamounts Marine National Monument, which encompasses nearly 5,000 square miles, would undermine the main goals of the controversial preserve, environmental advocates said.

Opponents of the marine monument, which includes most of the commercial fishing industry, hailed the recommendations. They have argued the area was protected with insufficient input from their industry.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades.”

Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, added: “There seems to be a huge misconception that there are limitless areas where displaced fishermen can go. Basically, with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

Read the full story at the Boston Globe

NCFC Members Support Interior Department’s Reported Marine Monument Recommendations

WASHINGTON — September 18, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of Saving Seafood’s National Coalition for Fishing Communities support Interior Secretary Ryan Zinke’s reported recommendations to alter three marine national monuments. Coalition members are hesitant to comment on leaked recommendations that may not be final, but are offering comment due to the significant media attention this report has already received. The reported revisions to marine monuments will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

According to reports, Secretary Zinke’s recommendations to President Donald Trump would allow commercial fishing managed under the Magnuson-Stevens Act (MSA) in the recently designated Northeast Canyons and Seamounts Marine National Monument. He also reportedly recommended revising the boundaries or allowing commercial fishing under the MSA in the Pacific Remote Islands Marine National Monument and the Rose Atoll Marine National Monument. NCFC members in the Pacific hope that the White House will extend these recommendations to the Papahānaumokuākea Marine National Monument, and appreciate the open and transparent process by which Secretary Zinke reviewed these designations.

The reported recommended changes come after an extensive and open public comment period in which the Interior Department solicited opinions from scientists, environmentalists, industry stakeholders, and members of the public. As part of the Interior Department’s review process, Secretary Zinke engaged with communities around the country affected by monument designations. This included a meeting with local fishermen in Boston who explained how the designation of the Northeast Canyons and Seamounts Monument has negatively impacted their livelihoods.

Critics of the monument designation include the regional fishery management councils; numerous fishing groups on the East Coast; and mayors from fishing communities on both coasts.

NCFC members supporting the Interior Department’s reported recommendations include:

Atlantic Offshore Lobstermen’s Association
Destin Charter Boat Association
Fisheries Survival Fund
Garden State Seafood Association
Hawaii Longline Association
Long Island Commercial Fishing Association
North Carolina Fisheries Association
Seafreeze Shoreside
Southeastern Fisheries Association
Western Fishboat Owners Association
West Coast Seafood Processors Association