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SCOTUS Wonโ€™t Review Marine Monument Case But Issues Warning

March 22, 2021 โ€” The U.S. Supreme Court wonโ€™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 โ€œpower without any discernible limitโ€ when they create new national monuments.

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

In a statement on the courtโ€™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 โ€œsmallest area compatibleโ€ with protection.

Thatโ€™s of little consolation to fishermen affected by restrictions in the Northeast Canyons monument, said Grant Moore, president of the Atlantic Offshore Lobstermenโ€™s Association, a party to the case.

โ€œHis statement leads me to believe that he realizes and understands the complexity of this issue,โ€ Moore told Bloomberg Law. โ€œUnfortunately for the fishing industry, we are just a speck of dust.โ€

Read the full story at Bloomberg Law

A legal war, a Biden win: Whatโ€™s next for a marine monument?

December 11, 2020 โ€” 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 wasnโ€™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.

โ€œThe ocean got smaller and smaller and smaller,โ€ said Moore, who serves as president of the Atlantic Offshore Lobstermenโ€™s Association.

Itโ€™s about to shrink again โ€” 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

Path to extinction for North Atlantic right whales

March 26, 2018, PROVINCETOWN, Mass. โ€” Inside the cabin of the research vessel Shearwater, Charles โ€œStormyโ€ 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 โ€” dubbed โ€œWartโ€ by researchers โ€” has a file of photographs, identifying marks, and a life history, as does nearly every one of the remaining 451 right whales on earth.

โ€œHer productivity has been extraordinary,โ€ Mayo said. But Wart hasnโ€™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 โ€” 4 percent of the remaining population โ€” killed after being hit by ships, entangled in fishing gear, and other unknown causes.

Extinction, experts say, is suddenly a reality.

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

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 โ€” 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 โ€” vessel noise, pollution and oil and gas exploration โ€” 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.

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

Twelve of last yearโ€™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.

โ€œThereโ€™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,โ€ said Grant Moore, of Westport, a longtime offshore lobsterman and president of the Atlantic Offshore Lobstermenโ€™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 โ€” Interior Secretary Ryan Zinke may have decided Katahdin Woods & Waters National Monument in northern Maine should be left as it is, but heโ€™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 Departmentโ€™s Marine Monument Recommendations

December 5, 2017 โ€” The following was released by Saving Seafoodโ€™s National Coalition for Fishing Communities:

Following todayโ€™s official release of Interior Secretary Ryan Zinkeโ€™s recommendations to alter three marine national monuments, members of Saving Seafoodโ€™s National Coalition for Fishing Communities are reiterating their support for these recommendations, which will lessen the economic burden on Americaโ€™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 Zinkeโ€™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 Papahฤnaumokuฤkea 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 nationโ€™s eight regional fishery management councils, which in a May 16 letter told Secretary Zinke and Commerce Secretary Wilbur Ross that marine monument designations โ€œhave disrupted the ability of the Councils to manage fisheries throughout their range.โ€ 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.

โ€œThe 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,โ€ said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I., who has been critical of the Obama Administrationโ€™s process in designating the monument. โ€œBut 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,โ€ Mr. Reid concluded.

โ€œThere seems to be a huge misconception that there are limitless areas where displaced fishermen can go,โ€ said Grant Moore, president of the Atlantic Offshore Lobstermenโ€™s Association. โ€œBasically 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.โ€

โ€œThe 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,โ€ stated Mayor Jon Mitchell of New Bedford, Massachusetts, the nationโ€™s top-grossing commercial fishing port. In March, Mayor Mitchell submitted testimony to Congress expressing concern over marine monuments. โ€œThe 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,โ€ Mayor Mitchell concluded.

Fishermen in the Pacific are also supportive of the Interior Departmentโ€™s review, but remain concerned about the effects of the Papahฤnaumokuฤkea Monument, which was omitted from the version of the recommendations being reported. โ€œWe are appreciative of Secretary Zinkeโ€™s review, and his reported recommendations to support commercial fishing in the Pacific Remote Islands Monument,โ€ said Sean Martin, president of the Hawaii Longline Association. Hawaiiโ€™s longline fishing fleet supplies a large portion of the fresh tuna and other fish consumed in Hawaii. โ€œHowever, we hope that the White House will extend these recommendations to the Papahฤnaumokuฤkea 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,โ€ 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 Departmentโ€™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 Papahฤnaumokuฤkea 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 โ€œimpose a disproportionate burden on our fishermen and indigenous communities,โ€ 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. โ€œDestin, Florida was founded by commercial fishermen before the turn of the 20th century, and continues to be a major port for commercial and charter fishing fleets,โ€ said Captain Gary Jarvis, president of the Destin Charter Boat Association. โ€œTo our fishing community, itโ€™s extremely important to address closures of historical fishing grounds through the Magnuson-Stevens mandated regional council process.โ€

Curiously, although President Obamaโ€™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 Departmentโ€™s reported recommendations include:

  • Atlantic Offshore Lobstermenโ€™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) โ€“ October 4, 2017 โ€“ Grant Moore, president of NCFC member the Atlantic Offshore Lobstermenโ€™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, โ€œNational Monuments and the Communities They Impact: Views Beyond the Beltway,โ€ Mr. Moore criticized last yearโ€™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.

โ€œWeโ€™re not opposed to monuments,โ€ Mr. Moore said. โ€œWeโ€™re opposed to the process in which it was done. It was not transparent. It was not open. If we hadnโ€™t stumbled upon what was happening, we would have had a signature and we wouldnโ€™t have had a say at all.โ€

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 Seafoodโ€™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 Lobstermenโ€™s Association, based in Newport, R.I., was one of eleven NCFC member organizations that publicly voiced its support for the Secretaryโ€™s reported recommendations. At todayโ€™s panel, Mr. Moore praised these recommendations, but called them a โ€œBand Aidโ€ that would not prevent the Antiquities Act from being misused to create large national monuments in the future.

โ€œWe need to reform the Antiquities Act so itโ€™s not abused,โ€ Mr. Moore said. โ€œNobody 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.โ€

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

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.

โ€œWhat 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,โ€ Chairman Bishop said. โ€œThe Antiquities Act desperately needs some kind of reform because it is being abused today.โ€

Watch the full panel here

Marine monument may be opened to fishing under Trump

September 19, 2017 โ€” 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 โ€œactive timber management.โ€

Zinkeโ€™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.

โ€œThe 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,โ€ said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I. โ€œBut the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades.โ€

Grant Moore, president of the Atlantic Offshore Lobstermenโ€™s Association, added: โ€œThere 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.โ€

Read the full story at the Boston Globe

Opponents of Atlantic monument say process lacked sufficient analysis

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

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

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

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

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

โ€œThere was absolutely no analysis done. This was basically behind closed doors,โ€ he said, adding that there were some private meetings, but โ€œnothing that you would have to go through under Magnuson-Stevensโ€.

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

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

Read full story from Undercurrent News 

Fishermen upset over creation of Atlanticโ€™s first monument

September 19th, 2016 โ€” Fishermen in New England say President Obama needlessly dealt a big blow to their industry when he created the Atlantic Oceanโ€™s first marine national monument and circumvented the existing process for protecting fisheries.

The new Northeast Canyons and Seamounts Marine National Monument consists of nearly 5,000 square miles of underwater canyons and mountains off the New England coast. The designation will close the area to commercial fishermen, who go there primarily for lobster, red crab, squid, whiting, butterfish, swordfish and tuna.

After Thursdayโ€™s announcement, fishermen pondered their next move: sue, lobby Congress to change the plan or relocate. Itโ€™s hard to move, they said, because other fishermen would likely already be fishing where they would want to go.

They said the designation process wasnโ€™t transparent and the administration should have let the New England Fishery Management Council, which is charged with regulating the regionโ€™s fisheries, finish working on the coral protection measures itโ€™s considering.

โ€œThere seems to be a huge misconception that there are limitless areas where displaced fishermen can go,โ€ said Grant Moore, president of the Atlantic Offshore Lobstermenโ€™s Association. โ€œBasically 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.โ€

Read the full story from The Concord Monitor 

National monument in waters off Cape Cod causes rift

September 16, 2016 โ€” The establishment of the first marine national monument in the Atlantic Ocean drew mixed reactions Thursday, with environmental groups hailing the new protections that some New England fishermen denounced as a threat to their livelihood.

The designation bans commercial fishing in an expansive ecosystem off Cape Cod in a concerted effort to protect the area from the impact of climate change, President Obama said as he announced the designation at the Our Ocean Conference in Washington, D.C.

But fishermen said the area should remain open, asserting that decades of commercial fishing have not damaged the ecosystem. They accused the Obama administration of ignoring their recommendations for compromise measures.

One proposal would have allowed fishing in the area as far down as 450 meters and kept the area open to red crab fishing, said Grant Moore, president of the Atlantic Offshore Lobstermenโ€™s Association. An average of 800,000 pounds of lobster are taken from the monument area every year, he said.

Denny Colbert, who runs Trebloc Seafood in Plymouth with his brother, said he sends two vessels to the area to catch lobster and Jonah crabs.

โ€œItโ€™s unbelievable,โ€ he said. โ€œIโ€™m going to have to find another place to go.โ€

Bill Palombo, president of Palombo Fishing Corp. in Newport, R.I., said lobster and red crab are plentiful in the area.

โ€œItโ€™s going to be devastating for us,โ€ said Palombo.

The designation prevents access to the main source of red crab in New England, said Beth Casoni, executive director of the Massachusetts Lobstermenโ€™s Association. โ€œThe red crab industry is primarily fished in these canyons,โ€ she said. โ€œI donโ€™t see them going anywhere else. Thatโ€™s where it is.โ€

Read the full story at the Boston Globe

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