Saving Seafood

Trump administration backs Obama in national monument clash

July 27, 2018 –A dispute over acts of Congress in 1906 and 1937 has put the Trump administration in court — and into the unusual position of supporting a proclamation by former President Barack Obama.

Contrary to President Donald Trump’s numerous efforts to shred Obama’s legacy, U.S. Justice Department lawyers are in Obama’s corner as they defend his expansion of a national monument in Oregon.

That puts the Trump administration in direct opposition with timber interests that Trump vowed to defend in a May 2016 campaign speech in Eugene, 110 miles (180 kilometers) south of Portland.

However, that opposition may be temporary in a case full of ironic twists that centers on a unique habitat where three mountain ranges converge. It is home to more than 200 bird species, the imperiled Oregon spotted frog, deer, elk and many kinds of fish, including the endangered Lost River sucker.

A federal judge is being asked to consider limits of power among all three government branches. For the Trump administration, the case is about protecting the power of the president of the United States, even if it was Obama who exercised his authority under the Antiquities Act of 1906 that allows a president to declare a national monument.

Read the full story from the Associated Press at the Sioux City Journal

National marine monument suit moves forward

March 22, 2018 — President Barack Obama is long gone from office, but the legal fight lives on against his use of the Antiquities Act to create the Northeast Canyons and Seamounts National Monument off the coast of southern New England.

A federal judge in Washington D.C. has lifted a 10-month stay on the lawsuit filed against the federal government by fishing stakeholders — including the Massachusetts Lobstermen’s Association — seeking to roll back recent uses of the Antiquities Act and block using the statute to create new national marine monuments in the future.

The order lifting the stay by U.S. District Court Judge James E. Boasberg, who granted the stay at the request of the federal defendants last May 12, will allow the lawsuit to continue.

The lifting of the stay was greeted warmly by fishing stakeholders.

“We’re optimistically excited about the prospect of moving forward so the fishing industry can regain fishing grounds it’s lost without fear of being evicted again,” Beth Casoni, executive director of the Masssachusetts Lobstermen’s Association said Wednesday.

Also, according to one of the lawyers for fishing stakeholders, the lifting of the stay places the Trump administration in a position where it either must act on recommendations from Interior Secretary Ryan Zinke to reopen the area of the Northeast Canyons and Seamounts Monument to commercial fishing or defend Obama’s decision in court.

Read the full story at the Gloucester Times

 

Fishermen, Conservationists Go Head To Head Over East Coast Underwater National Monument

May 9, 2017 — New England fishermen are hoping President Donald Trump will reverse an undersea monument designation they say has cut them off from nearly 5,000 square miles of valuable fishing grounds off the coast of Cape Cod.

Trump last month directed the Department of the Interior to conduct a sweeping review of national monument designations over the last two decades, including the Northeast Canyons and Seamounts, which President Barack Obama declared the first undersea national monument in the Atlantic Ocean in September.

The area is a “spectacular landscape” home to a “whole diversity of otherwordly creatures that most people are not familiar with,” said Peter Auster, a senior research scientist at Mystic Aquarium who helped secure the designation and has conducted research in the area. There are undersea canyons deeper than the Grand Canyon and extinct underwater volcanoes “taller than anything east of the Rockies” with a variety of species of fragile coral, he said.

But Joseph Gilbert, owner of Stonington-based Empire Fisheries, said since the designation, “we’ve been pushed to other areas” creating unnecessary competition and pressure as more boats are fishing in a smaller area. Fishermen, who have been using the area for 200 years, Gilbert said, were given just two months to get out.

Obama used the Antiquities Act of 1906 to declare the area a national monument, and that’s what’s at the heart of Gilbert’s objections, he said. Using the Antiquities Act circumvented the New England Fishery Management Council, the normal process for fishery management, and allowed for less input from the industry, Gilbert said.

Read the full story at the Hartford Courant

Interior, Commerce Departments Seek Comments in Marine Monuments Review

May 8, 2017 — SEAFOOD NEWS — The Department of the Interior announced Friday the public would be allowed to weigh in on several monument designations made under the Antiquities Act — including several marine monuments.

The Department of Commerce, in consultation with the Department of Interior, will review public comments related to marine monuments, all but one of which are in the Pacific Ocean. This action is related to President Trump’s executive order 13795, relating to offshore energy and monuments review.

The marine monuments slated for review include:

  • Marianas Trench, listed in 2009, at 61 million acres, in the Commonwealth of the Northern Mariana Islands/Pacific Ocean;
  • Northeast Canyons and Seamounts, listed in 2016 at 3.1 million acres, in Atlantic Ocean;
  • Pacific Remote Islands, listed in 2009 at 56 million acres;
  • Papahanaumokuakea, listed in 2006 and expanded in 2016 at 89.6 million acres, in Hawaii/Pacific Ocean; and
  • Rose Atoll, listed in 2009 at 8.6 million acres, in American Samoa/Pacific Ocean.

A public comment period is not required for monument designations under the Antiquities Act; however, Secretary of the Interior Ryan Zinke and President Trump both strongly believe that local input is a critical component of federal land management, Zinke said in a press release Friday.

“The Department of the Interior is the steward of America’s greatest treasures and the manager of one-fifth of our land. Part of being a good steward is being a good neighbor and listening to the American people who we represent,” Zinke said in the statement. “Today’s action, initiating a formal public comment process finally gives a voice to local communities and states when it comes to Antiquities Act monument designations. There is no pre-determined outcome on any monument. I look forward to hearing from and engaging with local communities and stakeholders as this process continues.”

In making the requisite determinations, the secretary is directed to consider the requirements and original objectives of the Antiquities Act, including the size of the monument; whether the areas are appropriately classified as landmarks, historic and prehistoric structures or other objects of historic or scientific interest; the effects of a designation on the available uses of the areas; the effects of designation on the use and enjoyment of non-federal lands within or beyond the monument boundaries; the concerns of state, tribal and local governments, including the economic development of affected states, tribes and localities; and the ability of federal resources to properly manage designated areas.

Comments may be submitted online after May 12 at http://www.regulations.gov by entering “DOI-2017-0002” in the Search bar and clicking “Search,” or by mail to Monument Review, MS-1530, U.S. Department of the Interior, 1849 C Street NW, Washington, DC 20240.

This story originally appeared on SeafoodNews.com, a subscription site. It is reprinted with permission. 

Trump order could put marine monument back in play

April 28, 2017 — President Donald Trump’s new executive order calling for a review of national monument designations under the Antiquities Act could have implications for a marine monument created by President Barack Obama last year in a sweeping area off Cape Cod.

Obama last September announced the creation of the Northeast Canyons and Seamounts Marine National Monument in a 4,913 square mile area about 150 miles southeast of Cape Cod. At the time, Gov. Charlie Baker said he was “deeply disappointed” by the designation of the first deep-sea marine national monument in the Atlantic Ocean, a move the governor viewed as undermining Massachusetts fishermen.

According to the Interior Department, Trump’s order does not strip any monument designation and also does not “loosen any environmental or conservation regulations on any land or marine areas.” It calls for the review of all declarations made since Jan. 1, 1996 that cover more than 100,000 acres or where the Interior secretary determines that the designation “was made without adequate public outreach and coordination with relevant stakeholders.”

The Northeast Canyons and Seamounts area includes three underwater canyons and four underwater mountains that are habitats for protected species, including sea turtles and endangered whales. Local critics of Obama’s September 2016 marine monument designation said it was made without sufficient public input.

Read the full story at the New Bedford Standard-Times

RAY HILBORN: Obama’s new ocean preserves are bad for the environment and for people

October 6th, 2016 — Who wants to save the oceans? Short answer: everyone, especially politicians. A less frequently asked question is whether their high-profile efforts always work.

Right now, world leaders seem to want to see who can declare the biggest marine protected areas, or MPAs, in their territory. MPAs are kinds of national parks for sea life that extends from ocean surface to ocean floor. Commercial fishing and other undersea ventures are banned in them.

They are popping up everywhere. In August, President Obama announced one in the western Pacific Ocean that is 50 per cent bigger than Texas. In September he created another, more modest one off the coast of New England.

Britain announced yet another MPA in September around St. Helena Island in the south Pacific. It is half the size of the Lone Star State.

In fact, the MPA movement has become a religion with accepted articles of faith that more and bigger are better.  This current obsession is bad for the oceans, bad for the global environment, and bad for people.

Consider what the imposition of an MPA can do to the economy and livelihood of local fishers, who are unable to easily pick up and move elsewhere. Some fishermen in New England are warning that they could go out of business as a result of the new Atlantic marine preserve.

Large MPAs are also bad for people because reducing ocean fish production by itself will mean less high quality, nutritious food available for the poorest people in the world and less employment for fishing-dependent communities

Political leaders argue they are protecting the oceans with MPAs, but mostly they aren’t. The major threats to ocean health and biodiversity, including global warming, ocean acidification, oil spills, floating masses of plastics, pollutant run-off from land, and illegal fishing–all are not addressed by this conservation measure.

Read the full opinion piece at Fox News 

Establishment of new federal marine sanctuary draws mixed reaction

September 26, 2016 — ELLSWORTH, Maine — To the predictable responses of the commercial fishing industry — largely negative — and the conservation community — largely positive — President Obama last week set aside nearly 5,000 square miles off the coast of New England as a marine sanctuary.

Acting under the aegis of the Antiquities Act of 1906, he established the Northeast Canyons and Seamounts Marine Monument. That was the same statutory authority the President used to establish the controversial 87,600-acre Katahdin Woods and Waters National Monument in northern Maine last month.

In August, the President expanded the Papahānaumokuākea Marine National Monument off the coast of Hawaii by 442,781 square miles, creating the world’s largest marine protected area.

According to the National Oceanic and Atmospheric Administration, the monument encompasses a total of 4,913 square miles in two tracts. The first, rectangular in shape, protects three deep-ocean canyons: Oceanographer, Gilbert and Lydonia. The second, a larger triangle, protects the Bear, Physalla, Mytilus and Retriever seamounts.

Each of the three protected underwater canyons is deeper than the Grand Canyon. The four underwater mountains are, according to NOAA, “biodiversity hotspots and home to many rare and endangered species.”

To be managed jointly by NOAA and the U.S. Fish and Wildlife Service, the protected areas are home to deep-sea coral ecosystems and home to unique species. Additionally, the protected areas create oceanographic conditions that concentrate pelagic species, including whales, dolphins and turtles; and highly migratory fish such as tunas, bullfish and sharks.

A large number of birds also rely on this area for foraging. The purpose of the proposed monument designation is to protect these fragile and largely pristine deep-sea habitats, and species and ecosystems.

Read the full story at the Ellsworth American