Conservation Law Foundation

Frank Carini: The uncertain future of 'the Yellowstone of the North Atlantic'

Kelp forest on Cashes Ledge    — Conservation Law Foundation photo

Kelp forest on Cashes Ledge

— Conservation Law Foundation photo

From ecoRI News (

Robert Lamb, as a Ph.D. student at Brown University, saw firsthand the “incredible diversity, breathtaking plant life, and healthy fish populations” that call Cashes Ledge home.

Lamb recently told ecoRI News that this pristine ecosystem is unlike anything else in the Gulf of Maine. That’s why he was part of a team that worked to permanently protect the 550-square-mile area that is 80 miles off the coast of Gloucester, Mass.

Led by Brown University Prof. Jon Witman, a team of divers from the Providence university, the Woods Hole Oceanographic Institution, the University of New Hampshire, and the National Park Service worked with the Conservation Law Foundation to document the bounty of marine life that exists at Cashes Ledge — a 22-mile-long underwater mountain range with average depths of 90 to 130 feet — and assess its vulnerability. This 4-minute video highlights some of that work.

The team’s efforts of four years ago, including holding roundtables and giving talks across the region, were undertaken in hopes that Cashes Ledge would be awarded a monument designation. The effort failed, but it did play a part in the creation, three years ago, of the Northeast Canyons and Seamounts Marine National Monument, the only national monument in the Atlantic Ocean.

Lamb, who now works with the Witman Lab and the Woods Hole Oceanographic Institution on various marine issues, believes that Cashes Ledge deserves the same protection, especially since the Gulf of Maine is one of the fastest-warming bodies of salt water in the world. He said the destruction of such an important underwater habitat would be devastating.

During the many dives the researchers and scientists took, censuses they conducted, and comparisons they made between Cashes Ledge and exploited coastal areas, such as the Isles of Shoals and Star Island, they found that fish biomass was about 500 times greater there than anywhere in the near shore and kelp biomass was also significantly greater, according to Lamb.

He noted that Cashes Ledge’s dense kelp forest is the most productive one in the North Atlantic.

The peaks and canyons of Cashes Ledge create nutrient- and oxygen-rich currents that support diverse habitats. The area is home to Atlantic wolffish, cod, cusk, sea stars, sea squirts, sea pens, horse mussels, anemones, rare sponges, and the largest continuous kelp forest along the Atlantic Seaboard. It also acts as a migratory pass for blue and porbeagle sharks, humpback and right whales, and bluefin tuna.

The value of Cashes Ledge has been recognized by the New England Fishery Management Council, as it has designated a large swath of the area as “essential fish habitat” for American plaice, Atlantic cod, haddock, halibut, monkfish, pollock, white hake, and witch flounder. The area is currently restricted, meaning most forms of fishing are prohibited.

Those protections, however, are “too little,” according to Lamb.

“It’s one of those places that is so unique and so beautiful … a treasure,” he said. “It merits protection for that reason alone, if not for the fisheries benefits. If you have a place where fish are allowed to grow unchecked and unimpeded by fishing, that creates a surplus of individuals that will swim, or disperses larvae, to other places that then can he caught, so it indirectly benefits fisheries.”

The partially protected area is also home to Ammen Rock, a peak so tall that it disrupts the Gulf of Maine current and creates upwellings of cold, nutrient-rich water which sustains the ledge’s vast variety of life.

Noted marine biologist Sylvia Earle has called Cashes Ledge “the Yellowstone of the North Atlantic.”

Modern commercial fishing technologies, however, make Cashes Ledge susceptible to damage. A bottom trawl, for example, could strip clear the kelp forest on Ammen Rock and completely alter the ecosystem, according to the Conservation Law Foundation. The Boston-based environmental advocacy organization has noted that some anemone populations could take up to 230 years to recover from a single drag of a bottom trawl.

Protected areas also have been shown to be more resilient to climate change, and provide sea life places to adapt to warming and acidifying waters.

See this video about Cashes Ledge.

Frank Carini is editor of ecoRI News.

Progress toward power line in Maine


From Robert Whitcomb's "Digital Diary,'' in

Good for new Maine Gov. Janet Mills and some environmental groups for backing, against, among other interests, fossil-fuel providers and some local renewable-power providers, a $1 billion project by Central Maine Power to bring some of Quebec’s copious hydro-electric power to Massachusetts along a route in the mountainous and lightly populated western part of the Pine Tree State. This ought to reduce New England’s dependence on gas and oil being used to generate electricity.

Happily, the powerful and well-heeled Conservation Law Foundation supports the project.

Of course, the power line’s construction would disrupt some wildlife and some other environmental elements along the power line route but not nearly as much as burning gas, oil and coal does.

To read more, please hit this link:

Tim Faulkner: R.I. considers statewide plastic-bag ban

— Photo by eco RI News

— Photo by eco RI News

From ecoRI News (

A bill proposing a statewide ban on plastic bags is the likely outcome of Rhode Island Gov. Gina Raimondo’s plastic-waste commission, but it isn’t necessarily the result preferred by environmentalists and even some businesses.

Aside from opponents of the ban — a bag distributor and an American Chemistry Council representative spoke against it — there were calls for substantive reform to waste and pollution in the state at the Dec. 14 meeting of Task Force to Tackle Plastics.

Jonathan Stone, executive director of Save The Bay, called it “a gross omission" if the commission’s final report doesn’t address stormwater.

He said any solution to reduce plastic waste should include incentives coupled with increased enforcement of the federal Clean Water Act to address stormwater runoff, preferably through regional entities to manage and finance stormwater projects, known as a stormwater utility.

“Stormwater delivers everything — waste of any kind, including toxins — into the bay and rivers and streams,” Stone said.

Curt Spalding, former director of the New England office for the Environmental Protection Agency, doesn’t want the report to just be a single “transaction” and instead prefers a long-term strategy that includes working with neighboring states.

“I don’t get any sense from this that people are interested in a strategy,” Spalding said, referring to the governor’s appointees who are facilitating the task force.

Spalding noted that the United States is way behind other countries that address the life cycle of plastic packaging through incentives and regulations.

Other members of the task force remarked that there is no data or study of the economic costs and other impacts of plastic pollution in Rhode Island.

“We can ban plastic bags, and it’s not going to solve the plastics problem in the ocean,” Spalding said.

“No, but it’s what’s doable today,” said Sen. Josh Miller, D-Cranston, a task force member and sponsor of many of the failed statewide bag ban bills.

Miller noted that legislation is a starting point that should lead to other initiatives.

There was other pushback against criticism of a statewide bag ban. Janet Coit, director of the Rhode Island Department of Environment Management, and Raimondo’s deputy chief of staff, Rosemary Powers, reminded the 22-member commission that they only have until Feb. 18 to offer legislation that reflects the consensus of the group.

“There are all sorts of ideas, but focusing on a statewide plastic bag ban is something we might be able to bring in with support from people who have technically testified against it,” Coit said. “Because we have a bill that takes business interests into account. If we could get that done, it would really be something to be proud of.”

Powers said she is expecting two or more bills from the task force, while noting that other initiatives will also be moving forward. She didn’t say if those initiatives would be done through the task force or independently.

Raimondo has plenty of political cover for a statewide bag ban. Although legislation has been defeated in the General Assembly every year for nearly a decade, municipal bag bans are sweeping the state. Since Barrington enacted a ban in 2013, 10 Rhode Island communities have passed similar bans on retail plastic bags. Boston started a high-profile ban on Dec. 14.

The launch of Boston’s bag ban prompted the Conservation Law Foundation (CLF) to advocate for a ban on plastic bags across New England.

At the recent task force meeting, Kirstie Pecci, director of the zero waste program at CLF, said Raimondo called for innovate solutions when she announced the task force in July and therefor the legislation should include a ban on polystyrene, as well as a provision that restaurants only provide plastic straws upon request.

Pecci advocated for a bottle-deposit law and other consumer incentives that encourage manufactures to use sustainable packaging and take back products that no longer work, a concept known as producer responsibility.

“We need to make sure we take care of (pollution) at the source or we are never going to solve this problem,” she said.

CLF has three goals relating to plastic waste: ban items that aren’t recyclable; increase recycling to 100 percent; and shift the costs and clean up from cities, towns, and states to manufacturers.

Amy Moses, director of CLF in Rhode Island, said taking care of the environment is paramount.

“I think it’s important that we take a step back and realize that plastic comes from fossil fuels. And while they may be cheap — you can buy a case of water bottles for a few bucks — we’re not paying for the true cost of that plastic,” Moses said. “We’re not paying for that pollution when we buy the little bit of plastic in the water bottle. And this plastic is everywhere degrading all of our environment. And the fossils fuels these products are derived from are literally destroying our planet. So I don't think we can focus on the narrow little dollars and cents because there are so many externalities and problems with plastics that are not captured in the prices that you’re paying.”

Business representatives at the meeting, such as Chris Nothnagle, senior director of marketing for Toray Plastics, were inclined to support improving current recycling programs and expanding public education. Toray makes plastic bags and containers at its plant in North Kingstown.

Nothnagle said businesses need incentives to use sustainable packaging, otherwise they will buy the least expensive product, which is usually made of plastic.

“There’s an enormous opportunity to knock this problem way, way, way down with existing infrastructure,” he said.

Recycling is the law

Senator Miller, a restaurant owner, wasn’t sure if businesses are aware of the state’s recycling laws. Every business in Rhode Island, including food establishments, are required to recycle, but there is no enforcement. As of 2014, Rhode Island had only one employee dedicated to commercial recycling.

Unlike Massachusetts, Rhode Island doesn’t inspect waste at landfills to find and fine businesses and municipalities that are throwing away recyclables.

Subcommittee reports

The commission’s final report will reflect the top ideas from four subcommittees. It will also include any dissenting views and recommendations for near- and long-term goals. Each group will meet two or three times before the Feb. 14 deadline.

At the full task force meeting on Dec. 14 each group presented its findings to date.

The Lead By Example subcommittee is considering energizing and expanding DEM’s idle Rhode Island Hospitality Green Certification for the Hospitality & Tourism Industry. The group will also send out a survey to the public to gather best practices.

Save The Bay’s Stone urged boosting local stewardship groups, such as neighborhood associations, to work with businesses to monitor waste and implement new clean-up programs.

The Legislative Solutions subcommittee is focused on passing a bag ban bill and whether a fee on alternative bags would be assessed. The group meets Jan. 7.

The Education subcommittee, led by Dave McLaughlin of Clean Ocean Access, is considering a campaign to reduce plastics at restaurants, an educational program for grades K-12, and re-starting the famed Woodsy Owl campaign from the 1970s and ’80s, with its slogan “Give a Hoot, Don’t Pollute!”

Dale Venturi, president and CEO of the Rhode Island Hospitality Association, didn’t like the idea of focusing on the restaurant industry.

“I don’t want it to just be one industry, because that makes me a little uncomfortable, sitting here as the chair (of the Hospitality Association),” Venturi said. “We’re not coming out of this just being focused on our industry.”

The Innovation Committee suggested reconsidering a statewide bottle-deposit law, as Rhode Island is the only state in New England without one. Dennis Nixon suggested mimicking other bag bans, such as the Boston ban. He suggested organizing a local design competition for sustainable packaging. The group also wants support for a fiberglass boat recycling program.

The Task Force to Tackle Plastic is scheduled to meet next on Jan. 9 at DEM headquarters, 235 Promenade St., Room 300, from 11 a.m - 12:30 p.m.

Tim Faulkner is a journalist with ecoRI News.

Rethink ideas about New England's 'viewshed'

Berkshire Wind Power Project, in Hancock, Mass.

Berkshire Wind Power Project, in Hancock, Mass.

From Robert Whitcomb’s “Digital Diary,’’ in

New Englanders might want to read an interview in the New England News Collaborative with Philip Warburg, who used to run the Conservation Law Foundation, authored Harvest the Sun: America’s Quest for a Solar-Powered Future and recently wrote an article headlined “What Red State Kansas Can Teach Blue State Massachusetts about Renewable Energy’’.

He cites a “wind technology training program {in a rural county in Kansas} at the community college. It started in about 2007 with some 5 students, today it’s got 150 students. And they find jobs immediately on graduating from their 2-year certificate program. In fact, they’ve expanded now to include solar technology, so it’s been renamed a renewable energy technology program. Again, not something you would necessarily expect at a community college in the middle of Kansas farm country, but in fact, it provides local employment for a lot of people … and it’s really seen as a huge economic boon.’’

Of course, densely populated and wooded southern New England doesn’t have the wide-open spaces of Kansas but it does have a treasure in offshore wind and more than adequate solar energy (we’re at the latitude of Portugal) to justify major education programs for people going into the wind and solar industries. Let them do their part to weaken the likes of Saudi Arabia.

On wind power in New England, he writes:

“I think we have to think in a more expansive way about what it means to integrate renewables into our landscape. So it might mean more wind turbines, for example, in the Berkshire Mountains or in the White Mountains or in parts of Maine. And I think we can also learn from Kansas in looking off of our shore and saying well actually we can develop wind power on a very large, you could say industrial, scale without creating the kind of reactions we got from vacationers on the Cape … to the Cape Wind project.’’

He may be too hopeful about affluent New Englanders’ tolerance of changes to their “viewsheds.’’ And yet:

“If we took a longer historical view of the New England landscape … we might be more forgiving of the introduction of technologies like wind and solar. If you look at New England’s landscape during the 19th century, it was largely a farmed landscape. We now have reforested New England because farming just doesn’t make that much economic sense on a large scale in New England…. So we’re very attached to thinking of New England as pristine forests, when in fact they’re not pristine forests.’’

To read the whole interview, please hit this link.



Kevin Profit for ecoRI News: A fragile underwater marvel and source of fish

From ecoRI News Cashes Ledge, 80 miles off the coast of Gloucester, Mass., is an oasis for sea life. The peaks and canyons of the 22-mile-long underwater mountain range create nutrient- and oxygen-rich currents that support diverse habitats throughout the 550-square-mile area.

At elevations where sunlight reaches the submerged peaks grows the largest continuous kelp forest — one of the most productive ocean ecosystem types — along the Atlantic Seaboard. Cashes Ledge is home to the depleted Atlantic wolffish, red cod, sea stars, anemones and rare sponges, and acts as a migratory pass for blue sharks, humpback and right whales, and bluefin tuna.

As a pristine example of a Gulf of Maine ecosystem, Cashes Ledge has been used by scientists as an open-sea research laboratory for decades. Relatively unimpaired by human activity or pollution, the area acts as a benchmark against which the health of the rest of the ocean is measured.

Since 2002, Cashes Ledge has been protected by the New England Fishery Management Council (NEFMC) from habitat-damaging fishing practices, such as bottom trawling and scallop dredging, in an effort to restore depleted fish stocks, including cod. Cod stocks are at historic lows — 3 percent of a sustainable level in the Gulf of Maine — because of decades of overfishing and high-risk fishery-management decisions, according to environmental groups such as the Conservation Law Foundation (CLF).

Bottom trawling at Cashes Ledge could also destroy entire sections of kelp forest and wipe out populations of sea anemones that would take more than 200 years to recover, according to the CLF.

Protected areas, such as the one surrounding Cashes Ledge, also have been shown to be more resilient to climate change, and provide sea life places to adapt to warming and acidifying waters.

The Magnuson-Stevens Act of 1996 required the NEFMC to identify essential fish habitat, minimize adverse effects caused by fishing as much as feasible considering economic and other factors, and find ways to enhance essential fish habitat. The act also requires that the council update and improve habitat programs every five years. The NEFMC’s habitat management plan was due for a five-year review in 2004, but is still incomplete. The plan, titled the “Omnibus Essential Fish Habitat Amendment 2,” is currently in draft form and is open for public comment until Jan. 8.

The current draft offers a range of possible conservation alternatives, each made up of one or more possible protected areas in a geographic region encompassing the Gulf of Maine, Georges Bank and southern New England. Each possible protected area was determined using multiple analyses, including the Swept Area Seabed Impact model, and other information such as analysis of juvenile groundfish distributions, combined with information about the current status of various stocks and their affinities for vulnerable habitat types.

After the public comment period closes, the NEFMC will consider each comment and then choose the alternatives that it believes will best protect essential fish habitat from the negative effects of fishing to the extent feasible considering economic and other factors.

The CLF, an organization that advocates for increased protection of ocean habitat in New England, claims that many of the alternatives in the draft Omnibus Habitat Amendment would reverse protections previously granted to vital areas in New England waters in favor of shortsighted fishing-industry interests. The groundfish and scallop industry, for example, is pushing to reduce the area currently protected around Cashes Ledge by 70 percent.

According to a September brief by the Pew Charitable Trusts titled “Risky Business: How denial and delay brought disaster to New England’s historic fishing grounds,” Georges Bank could lose 96 percent of its remaining protected area, despite cod populations being at only 8 percent of a sustainable level. The brief states, “Overall, if the NEFMC chose the smallest closed-area option for each subregion, the total area afforded year-round protection would drop by 71 percent to just 1,909 square nautical miles” — a reduction roughly the size of Connecticut.

According to Shelley, protected areas like Cashes Ledge are essential to the long-term health of New England’s fisheries. Older and larger fish are vital to the recovery of depleted populations, he said, because they experience greater reproductive success than their younger counterparts. Protected areas have been shown to contain more numerous and older fish than unprotected areas and become incubators for neighboring waters.

Shelley said California has experimented with habitat closures as a way of increasing fish stocks. He said fisherman initially opposed the closures, but many came around after experiencing an increase in catch along the edges of the protected areas.

In another example, cited in the Pew brief, “the biomass of scallops across the New England fishery region increased dramatically in association with the closures on Georges Bank. New Bedford, Massachusetts, has the highest fishing revenue in the nation because of scallops.”

Many New England fisherman want to reopen protected areas such as Cashes Ledge to fishing because there are more fish in them, but according to Shelley more abundant fish populations in closed areas prove the protections are working and should remain in place or be expanded. If the protected areas are reopened, he said, fisheries will revert back to depleted states.

More of New England’s waters need to be protected, not less, according to Shelley. He said the Omnibus Habitat Amendment isn’t going to provide that result.

“In this case, preserving the status quo is better than the preferred alternatives of the NEFMC,” Shelley said.

In early December, 138 marine scientists and academics signed a letter to National Oceanic and Atmospheric Administration (NOAA) fisheries officials expressing deep concern about any proposals from the NEFMC that would significantly reduce habitat protection. Signers include leading names in marine and fisheries biology such as Daniel Pauly, Callum Roberts and Sylvia Earle.

“In terms of area alone,” they wrote, “the Amendment offers no alternatives that would (expand) the overall area protected in the region. Given the current state of some of the managed fish populations, protecting more, not less, habitat would seem to be an alternative worthy of consideration.”

The letter suggests enacting more comprehensive fishing-gear restrictions in protected areas, instead of only prohibiting bottom-tending gear. It also contests the arguments in support of diminishing habitat protection.

“Under certain scenarios,” the signers wrote, “a smaller amount of diverse habitat may have greater ecological benefit than a larger amount of lower value (habitat). But we are not persuaded that there is sufficient evidence that this scenario can be applied here with a high degree of safety or certainty. The (amendment) does not make a strong case that the new network of (protected habitat) will be a net gain or even maintain the ecological status quo for the region as a whole.”

The letter concludes that reductions in habitat protection would be highly unwise and unsupportable by current science.

“Too often, NEFMC has ignored or downplayed scientific data in favor of the short-term economic interests of the fishing industry,” Peter Baker, director of Northeast U.S. ocean issues for The Pew Charitable Trusts, wrote in a recent blog post. “That’s the sort of decision-making that brought the region to its current state: a federally declared fishery disaster that has required tens of millions of taxpayer dollars in assistance. It’s time to start listening to the science.”

More of the waters and seafloor identified as important by scientists that cod need to spawn, feed and mature should be made off-limits, according to Baker.

“Habitat is where fish make more fish. And what New England needs now is more fish,” he wrote. “Unfortunately, New England’s regional fishery managers have proposed a plan that could actually result in the opposite, a dramatic reduction of habitat areas.”

To help the public focus their comments on the alternatives likely to be chosen, the NEFMC released its own preferred alternatives prior to the comment period. In most cases, the preferred alternatives are not the “worst-case-scenarios” many conservation groups cite to bolster their arguments.

The NEFMC has suggested maintaining one existing large closed areas in the western Gulf of Maine, and the eastern Gulf of Maine, currently unprotected, would stand to gain protections from the amendment. However, in most cases, the council’s preferred alternatives reduce the overall area currently protected.

Current closed areas on the left are generally larger than those preferred by the NEFMC on the right. The NEFMC didn’t selecte any preferred habitat alternatives in the Georges Bank or Great South Channel/Southern New England subregions, but its analysis does include these subregions and offers a variety of alternatives. (Omnibus Essental Fish Habitat Amendment 2 Public Hearing Documment)At a public hearing for the draft Omnibus Habitat Amendment in Warren, R.I., in early December, clam, lobster and scallop fishermen spoke out in favor of specific alternatives that would open areas currently closed to fishing, prevent areas currently open to fishing from becoming closed, and relaxed fishing-gear regulations to improve their catch.

One surf-clam fisherman said he had been operating in the same fishing grounds on the Nantucket Shoals for 35 years without negative impacts. He requested the Omnibus Habitat Amendment include an exemption for surf-clam fishing, including in closed areas, because of the relatively benign gear used by his fishery.

Jerry Elmer, of CLF Rhode Island, was the sole conservationist to testify at the hearing. “This fish habitat amendment should be viewed as an opportunity to enlarge protected habitat,” he said.

Jeremy Collie, professor of oceanography at the University of Rhode Island, testified in favor of alternatives that would continue year-round closures of the most vulnerable habitat on northern Georges Bank. He said it would be a mistake to allow bottom fishing in these areas.

In a follow up e-mail to ecoRI News, Collie wrote that he generally agrees with the options favored by the NEFMC and that he supports the council’s analysis showing that the favored alternatives will result in mostly neutral or positive economic and habitat impacts.

Written comments on the draft Omnibus Habitat Amendment can be submitted via e-mail to, subject line: “OA2 DEIS Comments.”

Kevin Profit wrote this for EcoRI News.