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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

Lobstermen ask high court to hear monument challenge

July 31, 2020 โ€” The legal battle over the creation of the Northeast Canyons and Seamounts Marine National Monument off the coast of Massachusetts is starting to feel like the Hundred Yearsโ€™ War in Europe of the 14th and 15th centuries.

Commercial fishing interests, with the Massachusetts Lobstermenโ€™s Association as lead plaintiffs, this week filed a petition asking the U.S. Supreme Court to hear its challenge of the use of the federal Antiquities Act by President Barack Obama in 2016 to create the 5,000 square-mile marine national monument about 130 miles off Cape Cod.

The petition represents the third time fishing interests have tried legal challenges to the creation of the only marine national monument in the Atlantic Ocean. They were unsuccessful in the first two.

In the petition, attorneys representing the MLA and other commercial fishing stakeholders, question whether the Antiquities Act โ€œapplies to ocean areas beyond the United Statesโ€™ sovereignty where the federal government has only limited regulatory authority.โ€

The petition charges the use of the Antiquities Act circumvents the National Marine Sanctuaries Act and questions whether Obama evaded the Antiquities Actโ€™s โ€œsmallest area requirementโ€ by designating โ€œocean monuments larger than most states.โ€ It also maintains that the use of the act to create the marine national monument is a threat to the Constitutionโ€™s separation of powers.

Read the full story at The Salem News

MASSACHUSETTS: Fishing sectors, nonprofits seek federal pandemic aid

May 1, 2020 โ€” Fishing stakeholders are urging Congress to expand federal assistance in the next round of funding to include fishing-related nonprofit associations and Northeast fishing sectors to help them keep their employees working during the pandemic.

In a letter to the respective chairmen of the U.S. House and Senate small business committees, stakeholders called on lawmakers to redress inequities toward many non-profits that have been precluded from sharing in benefits โ€” specifically the Paycheck Protection Program โ€” contained in the federal Coronavirus Aid, Relief, and Economic Security Act.

โ€œOur primary principle concern is for the equitable treatment of the Northeast groundfish industry sectors organized pursuant to the Internal Revenue Code section 501(c)(5), and for those U.S. fishing industry trade associations organized pursuant to IRS section 501(c)(6),โ€ the stakeholders stated in the letter.

Those associations include the Gloucester-based Northeast Seafood Coalition, the Massachusetts Lobstermenโ€™s Association, the Fishing Partnership Support Services and other fishing nonprofit organizations.

Read the full story at the Gloucester Daily Times

MASSACHUSETTS: Unmoored and unsure, fishermen make do

April 15, 2020 โ€” On Saturday, folks came to Menemsha to buy directly off the decks of local scallop boats. Business was brisk. Captain Sam Hopkins, aboard the Endurance, mongered to a steady queue of masked customers. Like the nearby Martha Rose, sea scallops off the Endurance sold for $15 per pound.

โ€œIt was really nice to have some local support and have people who bought scallops right off the boat,โ€ Hopkins said.

Lobsterman Jason Gale has also turned to direct boat sales. From the deck of the Watch Out at Lake Street Landing he sold lobsters at $8 apiece, regardless of weight, on Saturday. Gale said he put a 10 lobster cap per customer and sold out.

โ€œIโ€™ll just keep going as long as people want them,โ€ he said.

Gale said the wholesale price was roughly $5.50 to $6 per pound

That jibes with an estimate from Beth Casoni, executive director of the Massachusetts Lobstermenโ€™s Association.

Read the full story at the MV Times

Fishermen consider next move after court upholds Atlantic national monument

January 14, 2020 โ€” A federal appeals court has upheld the creation of the Northeast Canyons and Seamounts Marine National Monument, affirming that the federal Antiquities Act can be applied at sea as well as on land.

The Massachusetts Lobstermenโ€™s Association and other fishing advocates challenged former President Barack Obamaโ€™s designation of the 5,000-square-mile area at the edge of the continental shelf south of Georges Bank in 2016. A lower federal court ruled against their lawsuit in 2018.

Conservation groups and environmental advocates joined the arguments in both the lower and appeals courts, portraying the monument protections as critical to protect deep-sea corals, whales and other marine life from future offshore oil exploration and โ€œindustrial fishing.โ€

In an opinion for the District of Columbia Court of Appeals, Circuit Court Judge David Tatel explained why the three-judge panel dismissed all of the fishermenโ€™s arguments against the monument โ€“ starting with their contention that the Antiquities Act cannot apply to the sea floor.

Read the full story at National Fisherman

Seamounts monument lawsuit appeal rejected by federal court

January 3, 2020 โ€” A lawsuit against a national monument created by U.S. President Barack Obamaโ€™s administration has been defeated once again after an appeal to an earlier ruling was denied.

The U.S. Court of Appeals for the District of Columbia has rejected the appeal of an earlier ruling that dismissed a lawsuit brought by fishermen against the Northeast Canyons and Seamounts Marine National Monument. The monument, created in 2016, will be 4,913 square miles of ocean roughly 130 miles off of the coast of New England that will be closed to commercial activity, including fishing.

Read the full story at Seafood Source

Marine Animal Deaths Attributed to Low Oxygen Levels

November 13, 2019 โ€” Fishermen in Cape Cod Bay recently discovered a large number of dead animals in their traps, including lobsters, flounders, and eels.

After an investigation conducted by the Massachusetts Division of Marine Fisheries, it was determined they died due to low levels of oxygen at the oceanโ€™s floor, otherwise known as hypoxia.

Beth Casoni, Executive Director of the Massachusetts Lobstermenโ€™s Association, said that the warm water temperatures over the summer as well as the current state of Cape Cod Bay lead to the deaths.

โ€œThis area in the Cape Cod Bay has very low current flow, so it was the perfect storm for something like this to happen,โ€ she said.

Cold water in the bay gets trapped at the bottom of the ocean underneath layers of warmer water, causing oxygen to wane.

Read the full story at CapeCod.com

Mysterious Lobster Deaths In Cape Cod Raise Climate Change Concern

October 24, 2019 โ€” Last month, lobstermen in Cape Cod Bay hauled up something disturbing. In one section of the bay, all of their traps were full of dead lobsters. Research biologists went to work trying to solve the mystery, and what they found suggests we may see more of this as the climate changes.

When the fishermen first started pulling up traps full of dead lobsters, their first call was to Beth Casoni of the Massachusetts Lobstermenโ€™s Association.

โ€œAs you can imagine, they were concerned โ€” greatly concerned โ€” because they didnโ€™t know how they died or why they died,โ€ Casoni said.

Over the next five days or so, she got more calls about dead animals in the traps.

โ€œAnd it wasnโ€™t just lobsters,โ€ she said. โ€œIt was skate and flounder and ling, which is an eel.โ€

Casoni called the state Division of Marine Fisheries, which sent divers out to take a look at the seafloor in the area.

โ€œThe fishermen were fearful that there would have been a mass die-off and the bottom would be littered with carnage,โ€ Casoni said. โ€œAnd the division was happy to report that they did not see any mass die-off in the area.โ€

Read the full story at WGBH

MASSACHUSETTS: Lobstermenโ€™s association director takes wind farm job

October 23, 2019 โ€” Beth Casoni, executive director of the Massachusetts Lobstermenโ€™s Association, has joined EnBw North America as its fisheries liaison. EnBw North America is a subsidiary of EnBw AG, a German utility and wind farm company.

EnBw North America, which has offices in Boston and Jersey City, N.J., was runner-up for federal lease areas off Massachusetts that went out to bid Dec. 18, 2018, according to Bill White, managing director of EnBw North America. The winners of those bids were Equinor Wind, Mayflower Wind Energy, and Vineyard Wind. With its successful bid, Vineyard Wind was allotted an ocean area off Massachusetts where it can potentially build a second wind farm.

EnBw North America remains in the game despite the recent loss, and is working to establish a strong presence in the commercial fishing community with Casoni.

โ€œI think the world of her,โ€ White said of Casoni. โ€œSheโ€™s got an enormous amount of expertise and knowledge.โ€

Read the full story at the MV Times

German utility sets sights on New York Bight offshore wind

October 23, 2019 โ€” The EnBW Group, a German utility company and offshore wind developer, is preparing to bid on an anticipated next round of federal energy leases in the New York Bight, and joined a partnership with commercial fishing advocates.

Beth Casoni, executive director of the Massachusetts Lobstermenโ€™s Association, joined EnBW North America as its fisheries liaison, the company announced Wednesday.

Casoni is well known in the Northeast industry, where she has served on the Atlantic Large Whale Take Reduction Team, seafood marketing boards, and herring advisory panels to the New England Fishery Management Council and the Atlantic States Marine Fisheries Commission.

Her job is to get fishermenโ€™s input โ€œon offshore wind related issues and developments and conveying to them timely information about EnBW North Americaโ€™s offshore wind planning and future on-water activities,โ€ according to a statement from the company. โ€œAmong other duties, Casoni will inform and develop best management practices and strategies that support the coexistence off offshore wind and fishing.โ€

Read the full story at National Fisherman

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