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Northeast Canyons and Seamounts Marine National Monument

REVIEW

Scott Dwyer

Coastal Dynamics

November, 2017

Introductions

The Northeast Canyons and Seamounts Marine National Monument is a designated U.S. national monument located off the coast of New England

Introductions

Terminology

Seamount - nutrient-rich undersea mountain, formed by extinct volcanoes and sediment erosion

Coral canyon - undersea gorge, provides food, spawning habitat and shelter for many rare and endangered species

Seamount

Coral Canyon

Geologic Features

1) Canyons (~940 square miles)

-Oceanographer

-Gilbert

-Lydonia

2) Seamounts (~3,970 square miles)

-Bear

-Mytilus

-Physalia

-Retriever

Creation

  • President Obama designated the NCSMNM on September 21st, 2016 under the Antiquities Act of 1906
  • First and only marine national monument in the Atlantic Ocean
  • Initiated in response to increasing demand for environmental protection of marine biodiversity hotspots - North Atlantic

Creation

Purpose

  • To protect vulnerable ecological communities from overfishing and deepsea mining
  • Maintain biodiversity for research
  • To support an efficient and sustainable fisheries economy
  • To create sustainable recrational opportunities

Importance

  • Seamounts provide protection from predators, increased food, nurseries and spawning areas
  • Geography of submarine canyons and seamounts along with oceanic currents produce upwelling - leads to enhanced productivity of entire food chain, beginning with phytoplankton growth to predatory whales, sharks and seabirds

Importance

Management, Acts and Legislation

  • Management shared through the Secretary of Commerce and the Secretary of the Interior
  • NCSMNM deemed "smallest area feasable to provide necessary management" by former President Obama

Secretary of Commerce

Responsibility for managing activities and species within the monument under:

Secretary of Commerce

  • Magnuson-Stevens Fishery Conservation and Management Act
  • Endangered Species Act (for species regulated by NOAA)
  • Marine Mammal Protection Act

Secretary of Interior

Responsibility through the U.S. Fish and Wildlife Service for managing activities and species within the monument under:

Secretary of Interior

  • National Wildlife Refuge System Administration Act
  • Refuge Recreation Act
  • Endangered Species Act (species regulated by FWS)

Antiquities Act

Section 320301 of title 54, the Act "authorizes the President, in his discresion, to declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or significant interest that are situated upon the lands owned or controlled by the federal government to be national monuments"

Antiquities Act

Restrictions

  • Exploring, developing or producing oil and gas or mineral resources
  • The use or attempted use of poisons, electrical charges or explosives for the purpose of harvesting resources
  • Introducing non-native species to the environment
  • Removing or attempting to remove and living or nonliving monument resource
  • Drilling, anchoring or dredging any submerged lands
  • Commercial fishing or the possession of commercial fishing gear

Regulations

  • Research and scientific exploration to further understanding of monument resources
  • Activities to further educational value of the monument
  • Anchoring scientific instruments
  • Recreation fishing in accordance with fisheries management plans
  • Commercial fishing for red crab and American lobster (within seven years of proclamation)
  • Recreational activities with no impact on monument resources
  • Construction and maintainence of sumbarine cables

Who does this effect?

  • Commercial fishing industry
  • Offshore energy developments

Who does this effect?

Commercial Fishing

In order to protest restrictions placed on commercial fishing, legal action was taken against the NCSMNM by the following industries:

  • Massachusetts Lobstermen's Association
  • Atlantic Offshore Lobstermen's Association
  • Long Island Commercial Fishing Association
  • Garden State Seafood Association
  • Rhode Island Fishermen's Alliance

Lawsuit

  • Monument creation was brought to court on the grounds of an unlawful use of the Antiquities Act
  • Claim the NCSMNM is bringing economic distress to the fishermen and their families
  • Basis for legal claim is the area covered under the monument does not coincide with "lands owned or controlled by the federal government"

Lawsuit

Offshore Energy

Under NCSMNM restrictions:

  • Development or production of oil is prohibited
  • Exploration or development of any energy source is prohibited
  • Drilling, anchoring, dredging, and construction (any structure other than regulated scientific instruments) is prohibited

Trump Administration

April 26th, 2017 - President Trump issues Executive Order 13792, titled, "Review of Designations Under the Antiquities Act"

  • Directs Secretary of the Interior to review a series of 27 national monument designations from 1996

Review Criteria

Secretary of the Interior has the duty to review all Presidential designations (monuments greater than 100,000 acres) to determine if each meets the following criteria:

  • requirements and objectives of the Antiquities Act
  • whether lands classified under the Act meet requirements as historic landmarks
  • the effects of designation on the available uses of designated federal lands

Review Criteria cont.

  • the effects of designation on use and enjoyent of non-federal lands
  • concerns of state and local governments affected by designation
  • availability of federal resources to properly manage designated areas
  • other factors deemed appropreate by the Secretaty of the Interior

Review Conclusion

Secretary of the Interior Ryan Zinke recommended Trump modify 10 National Monuments: reducing 4 terrestrial areas and 2 marine monuments, not including NCSMNM

Recommends Trump use his authority under the Antiquities Act to permit now restricted activities - commercial fishing in the NCSMNM

A final decision has not yet been made official

What This Would Mean for NCSMNM

As a follow up to the executive order calling for review of designated monuments, a second executive order signed alongside the first aims to weaken or undo critical protections against commercial fishing and offshore energy development

2nd Executive Order

Titled "Implementing an America-First Offshore Energy Strategy", Trump's 2nd order declares: "it shall be the policy of the United States to enchorage energy exploration and production, including on the Outer Continental Shelf"

Set to review National Marine sanctuaries to determine opportunity cost of protecting these areas

Commercial Fishing

The authorization of commercial fishing within the NCSMNM would utimately result in:

  • overfishing and resource depletion of fish populations
  • change in migration patterns of large sea mammals, turtles and seabirds
  • damage to seamounts and canyons with use of trawl nets and other commercial gear
  • increased threat and habitat loss to threatened and endangered species

Offshore Energy

Offshore Energy

Trump administration seeks to exploit the outer continental shelf for Big Oil production

  • Administration announced plans to begin issuing permits for siesmic exploration to five companies to begin testing for fossil fuel extraction
  • Creates the potential for widespread damage to fragile marine ecosystems
  • Increased potential for biodiversity loss if exploited for oil production

Public Response to Executive Orders

Both of President Trump's executive orders have been met with considerable pushback by conservation agencies and non-profit organizations with the interest of preserving the integrity and biodiversity of the marine monument

The Pew Charitable Trusts

  • opened up opportunity for Americans to voice ther opinions on the current issue to the Department of Commerce
  • submitted letters to the Secretary of Interior during the review period to highlight the importance of these fragile ecosystems and provide evidence for the protection of resources

Major opposition points

  • Biodiversity hotspots home to endangered species
  • NCSMNM 1st monument designated in exclusive economic zone - 1.5%, 98.5% remains open to extraction
  • Area chosen for monument was selected because it experiences little to almost no commercial resource extraction
  • Less than 10 commercial vessels practice catch within the area

Conclusions

Stakeholders and marine researchers have determined that given the relatively small size of the monument, its protection will contribute exponentially to the biodiversity and ecosystem of the NCSMNMas well as the overall productivity of the Atlantic ocean and the outer continental shelf

Questions for consideration:

Should the President have the authority under the Antiquities Act to rescind a previous president's designations?

Questions for consideration:

Sources:

  • https://obamawhitehouse.archives.gov/the-press-office/2016/09/15/presidential-proclamation-northeast-canyons-and-seamounts-marine
  • https://www.whitehouse.gov/the-press-office/2017/04/26/presidential-executive-order-review-designations-under-antiquities-act
  • https://www.whitehouse.gov/the-press-office/2017/04/28/presidential-executive-order-implementing-america-first-offshore-energy
  • http://www.pewtrusts.org/~/media/assets/2017/08/usocne_pew_urges_federal_policymakers_to_maintain_northeast_canyons_and_seamounts_marine_national_monument.pdf
  • https://www.washingtonpost.com/national/health-science/shrink-at-least-4-national-monuments-and-modify-a-half-dozen-others-zinke-tells-trump/2017/09/17/a0df45cc-9b48-11e7-82e4-f1076f6d6152_story.html?utm_term=.ad87cc0bb945
  • https://www.americanprogress.org/issues/green/news/2017/06/08/433823/trumps-war-oceans/
  • https://www.americanprogress.org/issues/green/reports/2017/07/25/436441/big-oil-benefit-review-northeast-canyons-seamounts-monument/
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