Saving Seafood

Judge’s rejection of lobstering ban draws praise of industry, ire of environmentalists

October 18, 2021 — Lobster industry advocates and environmental groups offered starkly different reactions Sunday to a judge’s decision blocking a federal ban on lobstering in a section of the Gulf of Maine designed to protect the endangered right whale.

The ruling, by U.S. District Judge Lance Walker, said federal regulators relied on “markedly thin” analysis that didn’t provide hard proof of the whales’ presence in the roughly thousand-square-mile area off the Maine coast. Advocates for the lobster industry had asked for a stay of the three-month ban, arguing there wasn’t evidence that the critically endangered whales actually frequent the area.

Environmental groups accused Walker of relying on his own analysis of data rather than that of scientists. Lobstering advocates, on the other hand, praised the judge for offering a lifeline to the $1.4 billion industry, which is critical to Maine’s economy.

Read the full story and listen to the audio at the Portland Press Herald

 

Return of Fishing in Atlantic Marine Monument Spurs Legal Challenge

June 18, 2020 — Two weeks after President Donald Trump opened the door to commercial fishing in scientifically important ocean waters off the coast of Cape Cod, environmentalists shot back Wednesday with a federal complaint.

“From our perspective, President Trump seemed to know, actually, very little about what the purpose of the monument was or what it was trying to accomplish when he signed his proclamation,” Conservation Law Foundation senior counsel Peter Shelley said in a phone call Wednesday.

“We’ve been in there for 40 years,” Jon Williams, owner of the Atlantic Red Crab Company, told Trump. “And so if the environmental groups can deem the place pristine and we’ve been operating in that area for 40 years and they can’t find any evidence where we’ve done any damage, I would say we’ve been pretty good stewards of that 5,000 miles.”

Coinciding with Wednesday’s lawsuit, the New England Fishing Management Council unveiled new steps it has taken to protect fragile corals, specifically by prohibiting the use of bottom-tending commercial fishing gear in areas where corals are common.

“We’ve said from the beginning that fishery management councils are best suited to address the complicated tradeoffs involved in managing fisheries, and we appreciate regaining our control to do so in the monument area,” John Quinn, chairman of the council, said in a statement.

“The monument area will not be ‘wide open to industrial fishing,’” Tom Nies, the council’s executive director, said in a statement.

“The council worked hard to walk that fine line between providing strong habitat and coral protections in the area while balancing the social and economic impacts to the industry,” Nies continued. “We don’t think the recent criticism from the environmental community since the announcement of the second monument proclamation is entirely warranted. Existing fishery management measures provide strong protections for Lydonia and Oceanographer Canyons, and with the coral amendment, we’re preventing commercial fishing from expanding beyond its historical footprint. The council took this step while carefully weighing the associated impacts. We look forward to the implementation our amendment.”

Read the full story at Courthouse News Service

Environmental groups sue Trump administration for allowing commercial fishing in protected waters

June 17, 2020 — Environmental groups filed a federal lawsuit against the Trump administration on Wednesday, challenging its recent decision to allow commercial fishing in nearly 5,000 square miles of protected waters off Cape Cod.

The Boston-based Conservation Law Foundation and other groups said President Trump’s decision to open the Northeast Canyons and Seamounts Marine National Monument — the only such protected waters off the East Coast — violated the Antiquities Act, a 1906 law that President Obama used to create the monument in his last year in office.

Fishing groups had lobbied for the change, saying the restrictions had cost the industry millions of dollars. In a meeting with fishermen in Bangor, Trump told them: “This action was deeply unfair to Maine lobstermen. You’ve been treated very badly. They’ve regulated you out of business.”

Critics of Obama’s decision to use the Antiquities Act said the move circumvented federal law established in the 1970s to regulate fisheries.

“President Obama swept aside our public, science-based fishery management process with the stroke of a pen,” said Bob Vanasse, executive director of Saving Seafood, a Washington, D.C.-based group that represents commercial fishermen. “That was a mistake, and whatever anyone thinks about President Trump is irrelevant.”

He also criticized the Conservation Law Foundation for its interpretation of the law.

“The record is clear that the highest political bidder during the Obama years was the environmental community, and that is why they succeeded in including a prohibition against commercial fisheries,” Vanasse said, noting that Obama did not ban recreational fishing in the protected area.

He and others in the fishing industry called Trump’s decision overdue. Before the ban, fishermen estimated that as many as 80 boats had regularly fished the area for lobster, crab, scallops, swordfish, and tuna. Fishermen said the closure has harmed their livelihoods.

Read the full story at The Boston Globe

NCFC Executive Director Bob Vanasse Responds to CLF Lawsuit Over Restoring Commercial Fishing in the Northeast Canyons and Seamounts Monument

June 17, 2020 – The following was written by Bob Vanasse, executive director of Saving Seafood’s National Coalition for Fishing Communities, in response to CLF’s announcement that it is filing suit over a presidential proclamation restoring commercial fishing in the Northeast Canyons and Seamounts Marine National Monument:

The creation of an Atlantic Marine monument without appropriate stakeholder consultation has been a centerpiece of the Conservation Law Foundation’s (CLF) political agenda for over five years.

In 2015, a public records request filed by Saving Seafood revealed emails showing that the CLF was working with the Center For American Progress, the Pew Charitable Trusts, Earth Justice, the Natural Resources Defense Council, and the National Geographic Society in an attempt to convince President Obama to announce the monument plan at the Our Ocean Conference in Chile in October 2015. In the emails, CLF’s Peter Shelley wrote, “I hope no one is talking about Chile to the outside world. It’s one of the few advantages we may have to know that it could happen sooner rather than later.” The email discussion included Monica Medina, who had served as Principal Deputy Undersecretary of Commerce for Oceans and Atmosphere during President Obama’s first term.

In a subsequent interview with E&E News, Mr. Shelley made clear that the effort was aimed at getting the monument proclaimed before the fishing industry could fully engage in the public process. “The time was pretty short to pull it off. We thought there might be an opportunity we could get them to think about these areas for an announcement in conjunction with the Our Ocean Conference,” Mr. Shelley said. “We were trying to keep that quiet because we didn’t want to give the opposition more of an advantage. The more time they had, the more opportunity they would have to lobby, to fight it, to organize against it.”

The inclusion of prohibitions against commercial fishing was controversial throughout the process of creating the monument. A NOAA internal document in 2015 noted that the Atlantic deep-sea red crab and commercial and recreational pelagic fisheries for highly migratory species “have a substantial portion of their landings from within the proposed area.” The same document noted that “any designation within the jurisdiction of the New England or Mid Atlantic Fishery Management Councils, as well as the Secretary of Commerce as delegated to NMFS/HMS Management Division, that restricts fishing activities will be seen as usurping their authorities. These processes are rigorous and provide for significant public input which this process does not.”

Managing commercial fishing sustainably under the Magnuson-Stevens Act is not controversial. CLF falsely states that President Trump “eliminated critical natural resource protections” in the monument. In fact, the Presidential proclamation explicitly states that commercial fishing inside the monument will be managed under Magnuson-Stevens. The proclamation “does not modify the monument in any other respect.”

On the occasion of the 40th Anniversary of Magnuson-Stevens in 2016, CLF praised fisheries management under the Act, stating that Magnuson-Stevens is “the primary reason why the United States can say that it has the most sustainable fisheries in the world,” and “it has traditionally represented a bipartisan effort toward responsible management of our fishery resources, economically and environmentally.”

CLF was correct in noting that fisheries management has traditionally been bipartisan, and opposition to the prohibition of commercial fishing inside the monument was not a partisan issue. The commercial fishing industry is deeply grateful to Massachusetts Senator Ed Markey for the work he did with the Obama White House to ensure that the offshore lobster industry and the red crab industry – the first Atlantic fishery to be certified sustainable by the Marine Stewardship Council – received a seven-year moratorium before fishing for those species inside the monument would have been prohibited. It is because of Senator Markey’s efforts that those sustainable fisheries have been preserved. Senator Elizabeth Warren has also been a longtime champion of fisheries management under the successful Magnuson-Stevens Act.

CLF argues that President Trump’s modification of the monument created by President Obama is illegal. But President Obama exercised the power to modify monuments created by his predecessors to expand Pacific marine monuments created by President Bush. It would seem that CLF’s position is that it is legal for a president to modify monuments created by a predecessor when CLF agrees with the modification, but illegal when CLF disagrees with the modification.

CLF President Brad Campbell states that President Trump’s action puts “national monuments on the block for the highest political bidder.” The record is clear that the highest political bidder during the Obama years was the environmental community. That is why environmentalists succeeded in including a prohibition against commercial fisheries in President Obama’s monument proclamation, but not against their friends in recreational fishing. If Mr. Campbell is interested in finding the historical “highest political bidder” on the designation of marine monuments, he should look in his own office.

The environmental community had ample opportunity to create a protected area using the Marine Sanctuaries Act, and they have actively worked with both the Mid-Atlantic Fishery Management Council and the New England Fishery Management Council on actions to protect those areas under the Magnuson-Stevens Act.  But, as NOAA noted, those “processes are rigorous and provide for significant public input.” Instead, they chose the politically expedient route, and used their contacts and clout in the Obama administration to circumvent the scientific and public process. What they are now discovering is that what one president might create with the stroke of a pen, another president might take away.

New Fishing Rights in Gulf of Maine Upheld by Judge

April 17, 2019 — A federal judge upheld a rule Monday that opens up a portion of the western Gulf of Maine to commercial and recreational fishing for the first time.

The Conservation Law Foundation had challenged the rule last year, claiming the National Marine Fisheries Service wrongly prioritized economic considerations over its conservation duty when it reduced the protected area in that portion of the Gulf by about 25%.

While the rule offered habitat protection in the eastern Gulf of Maine for the first time, the conservation group said the agency and the New England Regional Council should have closed more of the Gulf to fishing.

U.S. District Judge James Boasberg found Monday, however, that the rule passes muster.

Read the full story at Courthouse News Service 

Protesters rally against Trump’s oil drilling plans

March 6, 2018 — CONCORD, Mass. — Dozens of protesters rallied in New Hampshire on Monday against a proposal by President Donald Trump’s administration to expand offshore drilling, saying it poses a grave threat to the state’s marine ecosystem and economy.

Protesters — some carrying signs that read “Stop Big Polluters” and “No Spill No Drill No Kill”– gathered outside a Concord hotel that was hosting an information session by federal officials to explain the process that could lead to drilling for oil and gas on the Outer Continental Shelf in the North Atlantic. The hearing is one of 23 the federal Bureau of Ocean Energy Management (BOEM) is holding on drilling plans including one in Maine on Wednesday.

Tom Irwin, director of the Conservation Law Foundation of New Hampshire, told reporters before the protest that oil and gas drilling put fisheries, tourism and recreation at risk. He said ocean resources in New England support 250,000 jobs and $17.4 billion in economic activity.

“The last thing we need are more man-made threats to our oceans and New England’s natural resources heritage,” Irwin said. “The Trump administration’s proposal ignores the will of our coastal communities and millions of Americans who have voiced their opposition to offshore drilling.”

New Hampshire’s all-Democratic Congressional delegation and Republican Gov. Chris Sununu oppose the proposal. Rep. Renny Cushing, D-Hampton, said he and a bipartisan group of lawmakers will seek to suspend House rules this week to introduce a resolution making it clear that state lawmakers also oppose it.

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

 

Massachusetts: Promise of jobs, revenue not muting foes of offshore drilling

February 27, 2018 — BOSTON — The Trump administration proposal to open new tracts of ocean to the oil industry could create “hundreds of thousands of jobs,” according to an offshore energy group whose president said the plan is part of a “larger push to increase the global competitiveness of America and to spur jobs and economic growth at home.”

But the prospect of drilling off the Massachusetts coast also brought together advocates on Monday who are often at loggerheads but are now pulling in the same direction, against the Trump administration’s plans.

Decades ago, when oil exploration at George’s Bank last occurred, the Conservation Law Foundation (CLF) joined together with the Gloucester Fishermen’s Wives to fight the proposal, ultimately prevailing, and those groups and others are hoping for a repeat this time around.

“It was a remarkable moment,” said Peter Shelley, senior counsel at CLF, who said it is “ridiculous” that the idea has resurfaced.

“We knew this would not die completely,” said Angela Sanfilippo, of the Fishermen’s Wives, who said she saw the devastation an oil spill can bring to a fishing community when she visited New Orleans after Deepwater Horizon spewed fuel into the Gulf of Mexico eight years ago.

CLF often supports regulations on fishing that the industry opposes, but the two groups — and others — were on the same side for Monday’s event, organized by U.S. Sen. Ed Markey one day before the Bureau of Ocean Energy Management’s hearing on the offshore drilling proposal in Boston.

The public meeting scheduled for 3 p.m. at Sheraton Boston Hotel is a “sham” because officials there will not take live testimony from the public and the meeting location was moved multiple times, according to Markey.

“We cannot allow George’s Bank to become Exxon’s Bank,” Markey said at Monday’s event, held at the New England Aquarium. The Trump proposal is an “invitation to disaster,” he said.

The Trump administration has proposed opening up waters to drilling and oil exploration, allowing companies to tap into some of the estimated 89.9 billion barrels of oil sitting undiscovered beneath the continental shelf. The idea has pitted food providers against fuel providers.

Read the full story at the Gloucester Times

 

Conservation Law Foundation submits victim impact statement in Carlos Rafael case

September 7, 2017 — NEW BEDFORD — Within the past 10 days, the Conservation Law Foundation sent three letters to various individuals involved — either directly or indirectly — with the Carlos Rafael case.

The foundation doesn’t represent any party directly, but its goal is to “use the law, science and the market to create solutions that preserve our natural resources, build healthy communities, and sustain a vibrant economy,” according to its website.

CLF sees Rafael’s guilty plea in March to illegal fishing as infringing on its principles.

“Discovering there’s been someone who has been systematically trying to undercut management, from our perspective not only harms the fisheries but also the work we’ve done,” senior counsel for CLF Peter Shelley said.

Shelley drafted all three letters. The first, he sent Aug. 29 to the New England Fishery Management Council’s Chair John Quinn and Executive Director Thomas Nies.

The second was addressed to NOAA’s John Bullard, the regional administrator, and Joe Heckwolf, an enforcement attorney, was sent Sept. 1.

The final letter, dated Sept. 6, was addressed to Judge William Young, who presided over Rafael’s plea agreement and will sentence the New Bedford fishing giant on Sept. 25 and 26.

Read the full story at the New Bedford Standard-Times

 

AP: Conservationists keep pressing for Atlantic Ocean monuments

July 11, 2016 — The following is excerpted from a story published today by the Associated Press. In it, representatives of the Pew Charitable Trusts and the Conservation Law Foundation (CLF) call for President Obama to use executive authority under the Antiquities Act to designate multiple national marine monuments off the coast of New England.

Last month, eight members of the National Coalition for Fishing Communities (NCFC) and the valuable fishing port of New Bedford, Mass., united in opposition to proposed Atlantic monuments. The groups agreed that fishing areas and resources should continue to be managed in the open and transparent manner stipulated by the Magnuson-Stevens Act (MSA).

Previously, many of the environmental groups calling for Atlantic monuments expressed support for fisheries management under the MSA. In December, Pew called the MSA “the bedrock of one of the world’s best fishery management systems.” In April, the CLF wrote that the MSA is “the primary reason why the United States can say that it has the most sustainable fisheries in the world.” In February, the Environmental Defense Fund said that the MSA “has made the United States a global model for sustainable fisheries management.”

PROVIDENCE, R.I. — Environmental conservationists aren’t giving up on trying to persuade the White House to designate an area in the Gulf of Maine as a national monument.

In the final months of President Barack Obama’s term, they’re hoping he’ll protect an underwater mountain and offshore ecosystem in the Gulf of Maine known as Cashes Ledge. They also want him to protect a chain of undersea formations about 150 miles off the coast of Massachusetts known as the New England Coral Canyons and Seamounts.

The White House Council on Environmental Quality said in March, and reiterated last week, that while the New England Coral Canyons and Seamounts area is under consideration, Cashes Ledge currently is not. There are no marine national monuments in the Atlantic Ocean.

Robert Vanasse, executive director of the fishing advocacy group Saving Seafood, said environmental groups seemed to be “in denial and shock” after the White House first said it wasn’t considering Cashes Ledge in March.

“I think they overplayed their hand. They arrogantly seemed to think that they could dictate to the White House,” he said on Wednesday.

Vanasse said fishing interests are now taking the White House at its word that Cashes Ledge is off the table. The industry is already struggling with quota cuts and climate change.

Commercial fishing groups oppose creating any marine monument in the Atlantic under the American Antiquities Act because the decision is left entirely to the president, Vanasse said. There are existing procedures to protect areas where the public participates in the process under the top law regulating fishing in U.S. oceans, the Magnuson-Stevens Fishery Conservation and Management Act, he added.

“We’re not the fringe nutcases here,” Vanasse said. “It’s pretty much every non-environmentally subsidized fishery organization that is opposed to the use of the Antiquities Act to create marine monuments. The Magnuson-Stevens process works. It could be better, but it’s working.”

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

Farm-Raised Seafoods Fed Plant-Based Diet Have Lower Levels of Omega-3 Fatty Acids

March 14, 2016 — A change in how farmers are raising seafood is expected to affect human nutrition, a new study found.

According to the research team from the Johns Hopkins Center for a Livable Future (CLF) at the Johns Hopkins Bloomberg School of Public Health, the University of Minnesota’s Institute on the Environment and McGill University, there has been a global shift in the type of feed that is being used in fish farming.

The team explained that prior to this shift, farm-raised seafood ate feed made from fish meal and fish oil, which came from wild fish. However, since catching wild fish to use as feed was no longer sustainable, farmers have been relying on plant-based options, such as soybean meal. The researchers noted in 2008, aquaculture feed contained 50 percent more soybean meal than fish meal. They estimated that from 2008 to 2020, the use of plant-based ingredients can increase by 124 percent.

Read the full story at HNGN