On Monday, June 27, the National Ocean Council (NOC) held a listening session in Exeter, NH for New Englanders to learn about and comment on the NOC’s Strategic Action Plans to achieve the nine priority objectives of the National Ocean Policy (NOP). Panels of speakers from diverse backgrounds and organizations, including the NOC, discussed the strategic action plans . However, it was a listening session, and many panelists urged that their intent was not to lecture, but to listen.

Panelists (including our own Sean Cosgrove) at the listening session. (CLF Photo)

Members of an assembled panel and most public comments held great support for the National Ocean Policy and urged its implementation. It’s not lost on ocean users that ecosystem-based management (EBM) and coastal and marine spatial planning (CMSP) are the foundation of the NOP and have overarching effects and influence over the other seven objectives. While discussing EBM, several speakers voiced the importance of focusing on the health of our oceans, making the case that all other objectives of the NOP could be achieved as long as the ultimate goal was a healthy ocean, which would result in both economic and environmental benefits.

Concern for stakeholder engagement was a common theme, with many noting the lack of representation of specific interest groups. Many stressed that an informed and engaged public  and communication and collaboration among a diverse array of interest groups and governmental bodies were vital to the NOP’s success. These are all points on which we certainly agree.

The event provided an opportunity for the public to voice opinions on the National Ocean Policy. (CLF Photo)

New England is already a national leader in ocean planning, and has many organizations, institutions and policies already in place to assist in the creation of New England’s regional ocean plan. We recognize the necessity of a national, comprehensive policy, but also the importance of recognizing the differences between regions and using different approaches to solve region-specific needs. Without a doubt, New England should be a priority region for the implementation of the National Ocean Policy.

Public speakers also stressed the fundamental need for fiscal resources to implement the plan. CLF’s Sean Cosgrove highlighted the need to recognize the Gulf of Maine as a nationally significant water body in the NOP and various action plans. He urged specific recognition to be written into the policy – an idea that was reiterated throughout the public comments. (Watch the video here.)

Most notably, the importance of swift and steady implementation of the NOP was of primary concern. The public didn’t want another “plan to plan.”  With ocean conservation a time-sensitive area of strong interest, constituents demanded a plan to act.

In arguments made today before Federal Judge Rya W. Zobel on the federal lawsuit regarding the New England fisheries management system known as Amendment 16, Conservation Law Foundation senior counsel Peter Shelley defended the process in which the new rules were developed and agreed upon at the New England Fishery Management Council and re-affirmed CLF’s support for the Amendment.

Shelley stated, “This lawsuit is not so much about the specific merits of Amendment 16, but more about the integrity of the process by which the new rules were developed and vetted and set into motion. The process, which involved all of the fishing interests, including some who today decry it and the outcome it produced, was fair, rational and legal. New Bedford’s interests were directly represented in those lengthy deliberations and the Commonwealth of Massachusetts participated actively in both the Amendment 16 science decision-making and the policy development. This is the New England Council’s plan, not a National Marine Fisheries Service (NMFS) plan.”

“CLF supports the Council’s approval of Amendment 16 not because it is perfect, but because it represents a reasonable decision, reached after an extended transparent public debate that reasonably meets the Magnuson Stevens Act and National Environmental Policy Act requirements while attempting to provide additional flexibility for fishermen in the region to fish more efficiently and profitably if they want to. The related issues of consolidation and fairness in access to fish are on the Council’s plate now and should be carefully analyzed and debated.”

After the hearing, Shelley observed, “What we have learned over the past fifteen years is that strong and effective management of this important public resource, coupled with some degree of luck with Mother Nature, can restore fish populations to high levels and support a vital and stable domestic fishing industry. Amendment 16 is designed to accomplish that objective and is consistent with the Magnuson Act.”

Read the text of Peter’s full argument here.

Jordan Basin (circled in red) is about 60 miles south of Bar Harbor in the Gulf of Maine

A Boston Globe article last week reported exciting information about North Atlantic right whales, the most endangered large whale in the North Atlantic and one of the planet’s rarest animals, with an estimated 440 individuals left in the total population. Historically, right whales were targeted by whalers because of various characteristics that made them commercially attractive and easy to kill, and today they face continuing threats from entanglement in fishing nets and collisions with ships. While there are many mysteries surrounding this ocean giant, in recent years, scientists discovered that many right whales spend early winter (November to January) in Jordan Basin, which is approximately 60 miles south of Bar Harbor in the Gulf of Maine and is one of New England’s special ocean places.

A breaching North Atlantic right whale

Scientists were able to conduct further observations of right whale behavior in Jordan Basin this past winter, and they saw indications that the whales were conducting mating rituals. Additional evidence, such as visually observing mating behavior and measuring hormone levels, is necessary in order to draw any definitive conclusions about the whales mating, but scientists sound optimistic that these recent discoveries are helping to fill in the blanks of what we don’t know about right whale behavior.

These discoveries carry additional importance because they can be used to create measures to protect the threatened right whale. Since whales are often harmed in net entanglements or ship strikes, knowledge of where they congregate allows the creation of well-tailored regulations that define shipping routes outside of right whale hotspots and reduce vessel speeds in seasonal right whale waters (this was discussed in a Boston Globe editorial that ran earlier this week). This is a key example of how marine spatial planning can help protect threatened ocean species, such as the North Atlantic right whale, and preserve our ocean legacy.

Stellwagen Bank, outlined in red, is located only 25 nautical miles from Boston and three nautical miles from Gloucester and Provincetown.

Located at the mouth of Massachusetts Bay, only 25 nautical miles from Boston and three nautical miles from Gloucester and Provincetown, lies Stellwagen Bank, an underwater plateau that is home to a wide variety of marine life and is one of New England’s special ocean places. Stellwagen has been known for its highly productive fishing grounds since the early 1600s, and it is one of the few remaining hotspots of the Atlantic wolffish, a bottom-dwelling fish with a distinctive mouth full of sharp and wayward teeth that is facing extinction in the United States. However, because of its heavily-trafficked location and desirable biological abundance, Stellwagen has been faced with a multitude of human-induced pressures, leaving its ecosystems at risk. Species such as the wolffish, along with commercial species such as cod, are threatened when modern fishing gear is dragged along the bottom of the ocean, leveling the seafloor and destroying habitat features like biogenic depressions, burrows, nooks or small caves that allow fish to hide to catch prey, avoid predators, and protect their eggs.

In 1992 Stellwagen Bank was designated as a National Marine Sanctuary, which  meant that some harmful activities (including sand and gravel mining, drilling for oil and natural gas, and discharging pollutants) were prohibited – but all fishing activities were allowed to continue. In 1998, however, an amendment to the groundfish fishery management plan established a closed area in the Gulf of Maine (the Western Gulf of Maine Closure, or WGOMC) that overlaps Stellwagen and prohibits the use of particularly destructive bottom-tending fishing gear within its boundaries. (Recreational fishing and less-destructive commercial fishing are still allowed within the closure.) The idea behind this closure is that if gear that destroys the sea bottom is kept out, ocean wildlife and features on the seafloor will have the chance to rebuild and a rebuilt thriving benthic habitat will mean healthier fish stocks.

A pair of Atlantic wolffish

If the WGOMC has this desired effect, it will be important not only for the marine life within its boundaries, but also as an indication that this strategy should be replicated in other areas in need of protecting and rebuilding ocean communities and associated managed species. A recent NOAA National Marine Sanctuaries report compares protected areas within the WGOMC with areas of initially similar habitat type outside the WGOMC for the period 1998-2005 to see if the closure was indeed having a positive effect. What do the results say? Overall, the study’s findings indicate that the fish and wildlife inside the WGOMC closure area are recovering from impacts of destructive fishing gear. However, the report cautions that the seafloor community is changing over time and may not attain a stable state (in theories of ecology, ecosystems change over time until they reach a final, stable phase). Still, the WGOMC is recognized as an important area for conserving biodiversity, and the report concludes that the use of closures remains a valuable tool for maintaining ocean habitat. While this certainly indicates that further study of the WGOMC is needed and that recovery is not complete, it also supports the case for protecting vulnerable underwater habitats in order to allow our healthy ocean ecosystems to grow and thrive.

On August 21st, the Thai based energy company PTTEP announced that a “crude oil gas leak incident occurred” in the Timor Sea about 155 miles northwest of Western Australia.  The energy company’s press released continued that “the size of the spill is not known.  Aproximately 40 barrels of oil were discharged from the wellhead in the initial incident.”  In the ensuing month, it has become clear that this oil spill is much more serious than initially thought:

Aerial Photo of the oil spill from the drilling platform in the Timor Sea (Source: SkyTruth)

1. As of September 25th, photos from NASA satellites document that the oil slicks and sheen from the spill covered 9,870 square miles, an area even bigger than the state of Vermont.  Part of the oil sheen has been moving perilously close to the Cartier Island Marine Reserve.
2. According to conservative estimates by the World Wildlife Fund, the rig has been leaking 400 barrels a day — over 14,000 barrels since late August.  That equates to about 600,000 gallons of oil.
3. When the spill was first reported, the government of Australia predicted it would take 7 weeks to clean up.   Already, it has been 5 weeks and the spill isn’t contained.

This devastating spill may be a world away but US ocean waters, including Georges Bank and the rest of the Gulf of Maine, are also at risk because they no longer are protected from the devastating impacts of oil and gas extraction. As a parting gift before leaving office, President Bush lifted the Presidential Moratorium on drilling for oil and natural gas on the Outer Continental Shelf that had been in place since 1990.  On September 30, 2008, Congress followed suit and lifted a longstanding legislative ban on offshore oil and gas leasing as part of a large government operations appropriations bill.  As a result, important habitat in the Gulf of Maine, including Georges Bank — one of the world’s premier fishing grounds — is at risk of industrial scale fossil fuel energy development.

As the Saudi oil fields are tapped out, there is increased pressure to drill in remote areas of the ocean.  For example, at the beginning of September, BP announced a “giant oil discovery” 35,055 feet below the Gulf of Mexico seafloor, which itself is already 4,132 feet below the surface of the ocean.  In an ironic twist of fate, just as the ocean is beginning to bear the brunt of the impacts of climate change (see my earlier blog post on ocean acidification), oil companies are stepping up efforts to locate and drill for oil and gas under the seafloor.

Clearly we need energy — but how do we design a sustainable, climate neutral ocean energy solution that will not put important marine wildlife, habitat and ecosystems at risk? As Greg Watson, then a VP at the Mass Technology Collaborative, noted, New England (and Massachusetts in particular) is “the ‘Saudi Arabia of Wind.’” Of course, we need to responsibly tap this renewable resource — we can’t build wind farms wholesale across the region just because there is a lot of wind on the ocean.  Rather, we need to engage in a thorough marine spatial planning process whereby different human uses and ecological resources are identified and mapped and responsible renewable energy development is sited in a way that doesn’t create unreasonable impacts on those activities or natural resources.  Massachusetts is in the process of doing just that — and has released the first in the nation Draft Ocean Management Plan.  In Maine, the governor appointed an Ocean Energy Task Force to evaluate how to develop offshore renewable energy.  Rhode Island is working on an Ocean Special Area Management Plan (SAMP) in part to promote offshore renewable energy development.  Finally, at the federal level, President Obama issued an Executive Memorandum calling for a national ocean policy and marine spatial planning  framework.  CLF is working on all of these issues.

Imagine if all of Vermont were covered in an oil spill.  Well it has been over a month and an equally large spill in the Timor Sea hasn’t been contained.  Oil and gas drilling is still a risky business and, thanks to former President Bush and Congress, these projects are allowable in US ocean waters.  A concerted effort is needed to make oil and gas drilling old news.  We need to usher in a new era of responsible, climate friendly, renewable ocean energy development.  Help CLF make this a reality!

What can you do to help promote responsible marine renewable energy Development?

1. Sign the CLF Ocean Petition
2. Learn more about the Massachusetts Draft Ocean Management Plan, Maine Ocean Energy Task Force, Rhode Island Ocean Special Area Management Plan and the National Ocean Policy and Marine Spatial Framework.
3. Learn more about the Timor Sea Spill

Satellite Image of the oil spill in the Timor Sea. Northwest Australia is in the lower right hand corner of the photo (Source: SkyTruth)