Saving Seafood

Haaland recommends reimposing fishing restrictions in the Northeast Canyons and Seamounts Marine National Monument

June 14, 2021 — Interior Secretary Deb Haaland has recommended in a confidential report that President Biden restore full protections to three national monuments diminished by President Donald Trump, including Utah’s Bears Ears, Grand Staircase-Escalante and a huge marine reserve off New England. The move, described by two people who spoke on the condition of anonymity because it was not yet public, would preserve about 5 million acres of federal land and water.

A broad coalition of conservationists, scientists and tribal activists has urged Biden to expand the Bears Ears and Grand Staircase-Escalante national monuments, which were established by Presidents Barack Obama and Bill Clinton, respectively, to their original boundaries. Trump cut Bears Ears by nearly 85 percent, and Grand Staircase-Escalante almost in half, in December 2017. A year ago, he permitted commercial fishing on the Northeast Canyons and Seamounts Marine National Monument, which removed most of the monument’s protections.

The White House is still deliberating, according to these people, but Biden favors the idea of overturning Trump’s actions. Employing the 1906 Antiquities Act, which gives the president broad latitude to protect threatened land and water, ranks as one of the easiest ways for Biden to conserve areas unilaterally.

All three areas have been embroiled in legal fights for years. Fishing operators challenged Obama’s 2016 decision to restrict commercial activities for 4,913 square miles off Cape Cod, Mass., which banned seabed mining and some fishing activities immediately while giving lobster and red crab operators seven years to stop fishing there. The region is home to many species of deep-sea coral, sharks, sea turtles, seabirds and deep-diving marine mammals, as well as massive underground canyons and seamounts that rise as high as 7,700 feet from the ocean floor.

“This area is very important to us,” Jim Budi, an official with the American Sword and Tuna Harvesters, said in an interview. He added that his members brought in about 25 percent of their annual catch from the region last summer after Trump lifted commercial fishing restrictions. They’ve sustainably caught swordfish by staying below limits set by federal regulators, he said.

Reviving the Obama-era limits, Budi said, “doesn’t do any conservation good, whatsoever.”

Still, Chief Justice John G. Roberts Jr. gave some conservatives hope three months ago when he sharply criticized the expanse of the Northeast Canyons and Seamounts Marine National Monument. Noting that the law was initially aimed at protecting Pueblo artifacts in the Southwest, he said the accompanying protected land must “be confined to the smallest area compatible with the proper care and management of the objects to be protected.”

“A statute permitting the President in his sole discretion to designate as monuments ‘landmarks,’ ‘structures,’ and ‘objects’ — along with the smallest area of land compatible with their management — has been transformed into a power without any discernible limit to set aside vast and amorphous expanses of terrain above and below the sea,” Roberts wrote, as the Supreme Court declined to hear an appeal of a lower court decision on the monument. “The Northeast Canyons and Seamounts Marine National Monument at issue in this case demonstrates how far we have come from indigenous pottery.”

Atlantic Red Crab Company owner Jon Williams, who has intervened in an ongoing lawsuit to defend Trump’s changes to the monument, said he wouldn’t hesitate to challenge the administration should it reimpose restrictions there.

“I’m already standing by,” he said. “And we’ve already been given a road map to the Supreme Court.”

Read the full story at The Washington Post

Science Center for Marine Fisheries Welcomes Atlantic Red Crab Company as Newest Member

November 5, 2020 — The following was released by the Science Center for Marine Fisheries:

The Science Center for Marine Fisheries (SCEMFIS) is pleased to announce that the Atlantic Red Crab Company has become the latest company to join the Center’s Industry Advisory Board. With this new addition to our growing list of industry partners, the Center is ready to continue its record of collaborative fisheries research.

For the past 7 years, SCEMFIS has brought together leading academic researchers and members of the fishing industry to identify the most pressing needs in marine science research. With the support of its industry partners, SCEMFIS scientists have published innovate studies providing new understanding of finfsh and shellfish. In 2020 alone, the Center funded $191,000 in new research projects addressing these priorities.

“The Atlantic Red Crab Company has been involved in cooperative science for years, and sees this opportunity to join SCEMFIS as a way to leverage resources and gain a broader scientific perspective,” says Jon Williams, owner of the Atlantic Red Crab Company.

Based in New Bedford, Massachusetts, the Atlantic Red Crab Company harvests red crab in the waters of the Northeast U.S. The red crab fishery is sustainably managed, and red crab is listed as a “good alternative” by the Monterey Bay Aquarium’s Seafood Watch program.

“The Atlantic Red Crab Company is a great new addition to SCEMFIS,” said Greg DiDomenico, the Chair of SCEMFIS. “Their commitment to sustainability and collaborative research closely aligns with the Center’s mission.”

SCEMFIS, established in 2013, is one of the centers in the National Science Foundation’s Industry-University Cooperative Research Centers program, which facilitates collaborative research between academia and industry. This year, SCEMFIS researchers have published studies on the economic impact of the squid and summer flounder fisheries; how the federal government did not properly consider the impact offshore wind development has on fisheries; the current state of the Atlantic menhaden stock; and ways to improve the management of gray seals and the fisheries that interact with them.

About SCEMFIS

SCEMFIS utilizes academic and fisheries resources to address urgent scientific problems limiting sustainable fisheries. SCEMFIS develops methods, analytical and survey tools, datasets, and analytical approaches to improve sustainability of fisheries and reduce uncertainty in biomass estimates. SCEMFIS university partners, University of Southern Mississippi (lead institution), and Virginia Institute of Marine Science, College of William and Mary, are the academic sites. Collaborating scientists who provide specific expertise in finfish, shellfish, and marine mammal research, come from a wide range of academic institutions including Old Dominion University, Rutgers University, University of Massachusetts-Dartmouth, University of Maryland, and University of Rhode Island.

The need for the diverse services that SCEMFIS can provide to industry continues to grow, which has prompted a steady increase in the number of fishing industry partners. These services include immediate access to science expertise for stock assessment issues, rapid response to research priorities, and representation on stock assessment working groups. Targeted research leads to improvements in data collection, survey design, analytical tools, assessment models, and other needs to reduce uncertainty in stock status and improve reference point goals.

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

National Coalition for Fishing Communities: An Open Letter to America’s Chefs

October 31, 2018 — WASHINGTON — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of the National Coalition for Fishing Communities have long believed that the Magnuson-Stevens Act (MSA) is one of the great success stories in fisheries management. Originally co-sponsored in the House over 40 years ago by Reps. Don Young (R-Alaska) and Gerry Studds (D-Massachusetts), the MSA has become a worldwide model, and is one of the reasons the U.S. has some of the best-managed and most sustainable fish stocks in the world. The bill is named for its Senate champions, Warren Magnuson (D-Washington) and Ted Stevens (R-Alaska).

But we are concerned by a new “nationwide #ChefsForFish campaign targeted at the new 2019 Congress, to launch after the elections in early November,” being organized by the Monterey Bay Aquarium, which the Aquarium calls the “next phase” of its “defense” of the Magnuson-Stevens Act. The Monterey Bay Aquarium described this campaign in an October 25 email sent to its “Blue Ribbon Task Force chefs.” The email asked this network of chefs to support the “Portland Pact for Sustainable Seafood” (attached).

On the surface, the Portland Pact matter-of-factly states sound principles:

  • “Requiring management decisions be science-based;
  • Avoiding overfishing with catch limits and tools that hold everyone accountable for the fish that they remove from the ocean; and
  • Ensuring the timely recovery of depleted fish stocks.”

However, in the last Congress, the Monterey Bay Aquarium used similar language to falsely characterize legitimate attempts to pass needed improvements to the MSA as betraying these principles. In fact, these changes would have made the landmark law even better.

The Monterey Bay Aquarium has repeatedly called on Congress to reject efforts, such as H.R. 200, which passed the U.S. House in July, and was sponsored by the now Dean of the House Don Young, that would amend the Act to introduce needed updates for U.S. fisheries management. If the chefs being asked to sign onto the Portland Pact were to talk to our fishermen, they would know how important these reforms are for the health of our nation’s fishing communities.

Any suggestion that the original co-sponsor of the bill would, 40 years later, act to undermine America’s fisheries, is inappropriate. In fact, most of the “fishing groups” that opposed Congressman Young’s bill, are financially supported by environmental activists and their funders.

No legislation, no matter how well designed is perfect or timeless. In fact, Congress has twice made significant revisions to the MSA, first in 1996 with the passage of the Sustainable Fisheries Act and in 2007 with the MSA Reauthorization Act. Like many other valued and successful laws, the Magnuson-Stevens Act is both working well, and in need of updates.

We agree that “management decisions be science-based.” One of the most significant issues with the current MSA is that it requires that fish stocks be rebuilt according to rigid, arbitrary timeframes that have no scientific or biological basis. Bills like H.R. 200, officially the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, would instead require that stocks be rebuilt according to an appropriate biological timeframe determined by the regional councils that manage the stocks.

H.R. 200 would also introduce other important measures that would better allow the councils to adapt their management plans to fit changing ecological conditions and the needs of fishing communities, which will become increasingly important as our coastal areas experience the effects of climate change.

American fishermen, like many American chefs, are committed to sustainable fishing and healthy oceans. Our businesses need sustainable, abundant fish stocks for us to make a living, and we all want a thriving resource that we can pass down to the next generation. We would never endorse a law that would threaten the long-term survival of our environment or our industry. That is why we endorse changes to the MSA that would ensure both.

We ask that any chef who is considering signing onto the Monterey Bay Aquarium letter to Congress first consult the local fishermen who supply them with fresh, quality products to learn how this law affects their communities.

NCFC members are available to connect chefs with seafood industry leaders, who would be happy to discuss how the MSA can be updated to help both fish and fishermen.

Sincerely,

Alliance of Communities for Sustainable Fisheries
Kathy Fosmark, Co-Chair
CA

Atlantic Red Crab Company
Jon Williams, President
MA

California Wetfish Producers Association
Diane Pleschner-Steele
CA

Delmarva Fisheries Association
Capt. Rob Newberry, Chairman
MD, VA

Fishermen’s Dock Co-Op
Jim Lovgren, Board Member
NJ

Garden State Seafood Association
Greg DiDomenico, Executive Director
NJ

Hawaii Longline Association
Sean Martin, Executive Director
HI

Long Island Commercial Fishermen’s Association
Bonnie Brady, Executive Director
NY

Lunds Fisheries, Inc.
Wayne Reichle, President
CA, NJ

Rhode Island Fishermen’s Alliance
Rich Fuka, Executive Director
RI

Seafreeze, Ltd.
Meghan Lapp, Fisheries Liaison
RI

Southeastern Fisheries Association
Bob Jones, Executive Director
FL

Viking Village
Jim Gutowski, Owner
NJ

West Coast Seafood Processors Association
Lori Steele, Executive Director
CA, WA, OR

Western Fishboat Owners Association
Wayne Heikkila, Executive Director
AK, CA, OR, WA

PRESS CONTACT

Bob Vanasse
bob@savingseafood.org 
202-333-2628

View the letter here

 

Atlantic marine monument suit can move forward

March 30, 2018 — Fishing organizations are set to proceed with their suit against the federal government to reopen fishing grounds in New England.

President Obama established the Northeast Canyons and Seamounts National Marine Monument, which included a blanket commercial fishing ban in an area that was already closed to some gear types under the New England Fishery Management Council’s jurisdiction.

The lawsuit has been held up since April 2017 by a Trump administration review of several national monuments created under the Obama administration. Recent filings at the U.S. District Court for the District of Columbia say the hold was lifted in mid-March.

The lawsuit argues that Obama never had the authority to establish the monument under the the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government,” as the act stipulates.

In December, Interior Secretary Ryan Zinke recommended making changes to marine national monument policies and proposed shifting the responsibility for controlling fishing within the monument to the regional fishery management councils.

“No president should use the authority under the act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the objects,” wrote Zinke in his recommendation.

Since Zinke’s official recommendations, no public action has been taken by the administration to address his statement.

Fishing industry leaders involved with the suit are ready to pick up where they left off.

“The Massachusetts Lobstermen’s Association is optimistically encouraged, given the forward movement of the lawsuit,” said Beth Casoni, executive director of The Massachusetts Lobstermen’s Association. “We are hopeful to regain the fishing grounds that were taken away from the fleet and to set a legal precedent through the court that will prevent any further draconian actions against the fleet.”

While lobster and deep-sea red crab fisheries were granted a 7-year grandfather period, all other commercial fishing was banned when the 5,000-square-mile monument was established in order to protect deep-sea corals and vulnerable species like North Atlantic right whales.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” Jon Williams, a New Bedford, Mass., crabber and a member of plaintiff group Offshore Lobstermen’s Association told the Associated Press.

Read the full story at National Fisherman

 

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

 

Review renews debate over first Atlantic marine national monument

August 7, 2017 — BOSTON — During his eight years in office, former President Obama protected more than 550 million acres of public land and water as national monuments under the 1906 Antiquities Act. Unlike creating a national park, which requires an act of Congress, a president can declare a national monument to protect “objects of historic or scientific interest” with a proclamation.

Critics of the monument say President Obama overstepped the powers set forth by the Antiquities Act and did not provide enough opportunity for public comment. In April, President Donald Trump signed an executive order asking his Secretary of the Interior, Ryan Zinke, to conduct a review of 27 monuments created since 1996. The purpose of the review is to determine if these monument areas qualify under the terms of the act and to address concerns from the community.

Two days later, Trump signed another executive order outlining his “America-First Offshore Energy Strategy.” The plan demonstrates Trump’s vision for the exploration and production of energy on federal lands and waters to decrease America’s dependence on foreign energy.

Fishing industry’s concerns

Captain Fred Penney, a lobsterman out of Boston Harbor, believes that the monument will hurt the future of fishing in New England because the new restrictions were implemented without much input from the fishermen themselves.

“To have no regulations and have it be a free-for-all, that’s completely unacceptable, I understand that,” he said. “I wouldn’t want to see that. But what they’re doing now doesn’t seem to be it.”

Many in the industry felt fishing in the area should have been regulated under the Magnuson- Stevens Fisheries Conservation and Management Act, which created eight regional fishery management councils to maintain sustainable fisheries and habitats in the U.S.

The councils are divided up by region, including the New England, Mid-Atlantic and South- Atlantic councils on the East Coast. Each council sets regulations for certain fisheries such as limiting catch size, issuing permits and monitoring fishing equipment.

Fishermen argue the council’s lengthy public process is more transparent than a proclamation from the president and allows for more input from the community.

Jon Williams of the Atlantic Red Crab Company said the fishermen were not given much notice about meetings and the scope of the monument. He argued the area was thriving under the council’s management before the monument designation.

“We’d been in there for 40 years and if it’s… pristine now, after our presence for 40 years, why is there an emergency for the president to use an act to protect this thing?” Williams said. “Why not give it to the council and let the council do its job?”

Before the Obama administration announced the monument, the New England Fishery Management Council was working on a coral amendment that would protect deep sea corals, one of the goals of the monument. The South and Mid Atlantic Councils passed similar regulations years earlier.

 

Read the full story at The Groundtruth Project

‘Sad day’ for the fishing industry following marine monument designation

September 16, 2016 — NEW BEDFORD, Mass. — Backers of the Northeast U.S. fishing industry reacted with anger, chagrin and legal arguments Thursday to President Barack Obama’s declaration of a marine national monument south of Cape Cod, saying the ocean preservation effort circumvented public process and will significantly damage a key economic engine — and way of life — in the region.

“It’s all anybody’s talking about, that’s for sure,” said Jon Williams, president of Atlantic Red Crab Co. on Herman Melville Boulevard. “The general feeling is (that) it’s a sad day for the New England fishing industry.”

Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument — in two areas also known as New England Canyons and Seamounts — permanently bars those areas from an array of commercial and industrial uses, including commercial fishing. The areas total 4,913 square miles, are more than 100 miles southeast of Cape Cod and are the first such monument in the Atlantic Ocean. The designation follows at least a year of concerns and opposition from advocates of the commercial fishing industry, who feared yet another financial hit from government regulations that already include catch limits and quotas broadly questioned by fishermen.

“Millions of dollars of lost revenue are at stake” in the monument decision, states a letter from the Washington, D.C. office of international law firm Kelley Drye & Warren.

The firm sent the letter Sept. 14 to Christy Goldfuss, managing director of the White House Council on Environmental Quality, on behalf of the Southern Georges Bank Coalition. The coalition of fishing representatives includes Williams, J. Grant Moore of Broadbill Fishing in Westport, and at least 10 other members from Rhode Island, New Hampshire, Massachusetts and New York.

The letter said those entities “are directly affected by the monument description, as it includes their fishing grounds,” and called Obama’s use of the Antiquities Act to declare the marine monument, “an illegal and illegitimate use of presidential authority.”

“I think there’s widespread and pretty much universal disappointment, anger, frustration and feelings of betrayal in the commercial fishing industry,” said Bob Vanasse, a New Bedford native and executive director of Washington, D.C.-based Saving Seafood.

“There is widespread and deep feeling that our fisheries should be managed under the public process of the Magnuson-Stevens Act,” Vanasse added.

Read the full story at the New Bedford Standard-Times

Contention Over New Marine Monument Off Georges Bank In New England

September 16, 2016 — President Obama announced the creation of the first national marine monument in the Atlantic Ocean on Thursday.

The Northeast Canyons and Seamounts Marine National Monument sits off Cape Cod. The newly protected marine environment that has been called an “underwater Yellowstone”.

It is almost 5,000 square miles, the size of Connecticut, a submerged ecosystem of oceanic canyons, vivid corals and teeming marine wildlife.

Obama created the monument by executive order. Oil and gas exploration and drilling are immediately banned in the area, as well as most commercial fishing. That is why many in the New England fishing industry are protesting Obama’s declaration.

Guest

Tim Shank, associate scientist with tenure at the Woods Hole Oceanographic Institute, which tweets @WHOI. Shank is attending the sixth International Symposium on Deep-Sea Corals at the Long Wharf Marriott in Boston.

Jon Williams, president of the Atlantic Red Crab Company, based out of New Bedford, and president of the New England Red Crab Harvesters’ Association.

Listen to the full story at WBUR

Obama Closes Ocean Waters South of Cape Cod

September 15, 2016 — WASHINGTON — President Barack Obama will declare the first marine national monument in the Atlantic Ocean today, barring uses including commercial fishing in nearly 5,000 square miles of waters southeast of Cape Cod.

Obama’s designation of the Northeast Canyons and Seamounts Marine National Monument — in an area also known as New England Canyons and Seamounts — follows at least a year of concerns and opposition from advocates of the commercial fishing industry, including local elected officials.

Marine monument debates over the past year have involved balancing the preservation of marine life, ocean health and sustainable fisheries with potential oil and gas exploration, unsustainable fisheries, mineral mining, fishing-reliant regional economies and more.

Jon Williams, president of Atlantic Red Crab Co. on Herman Melville Boulevard, said in November 2015 that a monument designation “would be a big hit for the company,” which employs about 150 full-time workers in New Bedford and fishes several times a year in the affected areas.

Mayor Jon Mitchell acknowledged potential challenges for the commercial fishing industry Wednesday night.

“While I believe the industry generally was in a position to manage the implications of the so-called ‘seamount’ area of the monument, the inclusion of the ‘canyons’ area would have benefited from more industry input,” Mitchell said. “I appreciate that the White House sought out more input than is required, but these types of decisions should be subjected to the more robust regulatory processes under the Magnuson-Stevens Act, which has successfully led to the protection of sea canyons in other parts of the Atlantic without unduly burdening the commercial fishing industry.”

Read the full story at the New Bedford Standard-Times