Saving Seafood

NEW YORK: Governor Cuomo And Attorney General Underwood Demand Changes To Unfair Federal Fishing Quotas

July 27, 2018 –Governor Andrew M. Cuomo and Attorney General Barbara D. Underwood today submitted comments to U.S. Commerce Secretary Wilbur Ross and demanded that the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, and Mid-Atlantic Fishery Management Council repeal and replace the unfair state-by-state allocation of the annual commercial quota for summer flounder, also known as fluke. The need for equitable distribution of fluke is critically important to New York’s fishing industry and the state’s overall ocean economy.

“New York’s commercial fishing industry has been constrained by unfair federal regulations, limiting the amount of fish commercial fishermen and women can catch and damaging our state’s economy,” Governor Cuomo said. “It’s far past time for these inequities to be addressed, and our petition is clear: New York must be put on equitable footing with other East Coast states in order for this valuable industry to reach its full potential.”

“Relying on decades-old data to allocate states’ fluke quota is unfair and unreasonable, and causes direct harm to New York’s commercial fishing industry,” said Attorney General Underwood. “Federal law requires the share of the commercial summer flounder fishery to be determined by the best available science. We will pursue all available legal options if the federal government does not address these inequities.”

In March, Governor Cuomo and the Attorney General jointly filed a petition with the federal government demanding that New York’s commercial fluke allocation be increased because the current allocations are unfair to New York, not based on current data, and violate the Magnuson-Stevens Act. In response, National Oceanic and Atmospheric Administration, National Marine Fisheries Service published notice of New York’s petition in the Federal Register on July 10, 2018 and invited public comment until July 25, 2018.

Today, Governor Cuomo directed DEC and AG Underwood to submit a letter to the federal agencies in support of the state’s petition, and to point out and clarify that none of the commercial allocation options currently being considered by the Mid-Atlantic Fishery Management Council will provide New York with a fair allocation for summer flounder. Despite strong objections from New York’s representatives, the Council voted to proceed with a draft amendment that does not include options that are fair to New York fishermen and women, and is therefore not compliant with the Magnuson-Stevens Act.

Read the full story at LongIsland.com

Fishermen: Wind Farms Bad For Business

July 18, 2018 — Federal officials in charge of leasing ocean bottom land to offshore wind farm companies got an earful at a meeting with commercial fishermen Wednesday — and much of it was R-rated.

There isn’t merely significant opposition to offshore wind farms; there is 100-percent agreement among the fishermen that the wind turbines will eventually put them out of business.

The anger is palpable, and representatives from the Bureau of Ocean Energy Management took the brunt of it, enduring a tirade of complaints. “This is how we talk on the docks,” one salty speaker exclaimed.

At issue is a federal directive — fueled in part, some say, by New York State Governor Andrew Cuomo — to award leases for two more tracts of ocean bottomland that will eventually be home for wind farms. So far, 13 leases have been awarded to developers.

Brian Hooker, a fisheries biologist, David Nguyen, a project coordinator, and Isis Johnson, an environmental protection specialist, tried for close to four hours to get through a prepared program. They are charged with choosing two locations from within four giant swatches of ocean bottom off the coasts of Long Island and New Jersey. The fishing industry reps don’t think there should be any offshore turbines, period.

Read the full story at The Independent

Administration looks offshore for wind energy boom

June 14, 2018 — The Trump administration is “bullish” about offshore wind, working with governors in the Northeast to transform what was once a fringe and costly investment into America’s newest energy-producing industry.

“When the president said energy dominance, it was made without reference to a type of energy,” Interior Secretary Ryan Zinke told the Washington Examiner in an interview. “It was making sure as a country we are American energy first and that includes offshore wind. There is enormous opportunity, especially off the East Coast, for wind. I am very bullish.”

On a recent tour of coastal states, Zinke found “magnitudes” more interest in offshore wind than oil and natural gas drilling.

Facing widespread opposition from politicians in states fearful of oil spills along their tourist-drawing coasts, Zinke is likely to scale back a draft plan to open nearly all federal waters for drilling, which he says has attracted “modest interest at best.”

But the Atlantic Ocean is open for business for offshore wind, and developers are paying up, with the support of governors such as Republicans Charlie Baker of Massachusetts and Larry Hogan of Maryland, and Democrats Andrew Cuomo of New York and Gina Raimondo of Rhode Island.

Read the full story at the Washington Examiner

Cuomo visits Long Island site of artificial reef construction

June 1, 2018 — Gov. Andrew M. Cuomo traveled to Shinnecock Inlet on Thursday morning to kick off construction of one of the East Coast’s largest artificial reef programs, starting off the coast of Hampton Bays.

The Shinnecock Inlet portion of the work included dropping 885 tons of material from the dismantled Tappan Zee Bridge and scuttling an old canal vessel called The Reliable.

Sections of the cantilever bridge were visible from a fishing boat chartered by the state to bring dignitaries and the media to the site, where barges, cranes and a fleet of tugboats worked through the day.

“It’s going to change, literally, the shoreline around Long Island,” Cuomo said. It will also foster fishing industries by creating new fish habitats and diving opportunities, he said.

Material is being placed in an area 2 miles from shore, 85 feet deep in 35 acres of sea bottom. Six reefs are being constructed this year out of a planned 12.

Read the full story at Newsday

 

New York is expanding artificial reefs off Long Island

April 20, 2018 — In what will be the largest expansion ever of New York State’s artificial reef system, Gov. Andrew Cuomo announced Tuesday that more than 43,000 cubic yards of clean, recycled Tappan Zee Bridge material, 5,900 cubic yards of jetty rock, 338 cubic yards of steel pipe, and more than 30 old vessels will be spread across marine reef sites in the waters surrounding Long Island. All of the reef materials have been cleaned of contaminants.

All told, six sites will be expanded: Shinnecock, Moriches, Fire Island, Hempstead and Rockaway reefs on the South Shore, plus Smithtown Reef in Long Island Sound. Fire Island Reef will get the biggest drop with 10 barges of bridge material, 11 canal vessels, a barge of steel pipe, plus four barges of jetty rock by June 28. Hempstead Reef will see a dozen barges of bridge material and 11 canal vessels deployed through August. The remaining reefs will get lesser though significant boosts.

According to the DEC, construction of New York’s first artificial reef dates to 1949.

Read the full story at Newsday

 

New York: How fishermen could thwart Cuomo’s offshore wind master plan

April 16, 2018 — Earlier this month, hundreds of developers, many from the well-developed wind energy industry in Europe, attended the United States’ largest technical wind power conference, which was held in Princeton, New Jersey. Dozens of public officials, including Zinke, New Jersey Gov. Phil Murphy and NYSERDA President and CEO Alicia Barton, expounded on how to best seize the offshore opportunities.

Under Cuomo, New York has played a leading role in selecting the offshore areas for wind development, overseeing 20 research studies, working closely with BOEM and conducting “unprecedented outreach” to stakeholders, Doreen Harris, NYSERDA’s director of large-scale renewables, told City & State. “Obviously, this becomes a federal process at this point,” Harris said. “But we believe New York’s work provides the solid foundation for areas that are the most favorable.”

Indeed, after NYSERDA requested that BOEM open vast tracts of seafloor for leasing, Zinke told attendees at the April wind power conference that BOEM was opening an additional 2,711 square miles for potential wind farm development, more than 20 times larger than the Empire Wind lease area in the New York Bight, a broad expanse of ocean south of Long Island and east of New Jersey. It seemed to be everything NYSERDA asked for and more. The decision opens the possibility of rows and rows of wind turbines the height of skyscrapers plotted out in an area twice the size of Long Island.

There’s just one scallop-sized problem standing in the way.

The combined 2,836 square miles where BOEM is either leasing or seeking information and nominations for commercial wind leases is worth hundreds of millions – if not billions – of dollars in revenue to the scallop industry over the life of a 25-year wind lease, the scallopers’ lawyers say. The impact on the scallop fisheries would be far worse than they first feared, if those areas are developed.

“It puts an exclamation mark on all our concerns,” said David Frulla, the lead lawyer on the scallopers’ lawsuit. “We’re not trying to stop offshore wind. It is just that this is right at the heart of where the fishing is.”

The Fisheries Survival Fund, an advocacy group that represents the scallopers’ interests in their lawsuit against BOEM, is arguing that the federal offshore wind leasing procedure gave away some of the most productive scallop beds in the world and failed to evaluate alternative options appropriately.

In particular, they are rebelling against the Empire Wind project. The envisioned 194 towers whirling above the waves would make it impossible to safely fish there, they say.

Read the full story at City & State New York   

 

New York Lawmakers Go To Bat Over Fisheries Cutbacks

April 5, 2018 — The federal government is proposing a 12 percent reduction for the recreational black sea bass fishery in 2018,  despite the fact that scientists say the black sea bass fishery has been rebuilt to two-and-a-half times what regulators consider to be sustainable, and New York State is fighting back.

State Senator Ken LaValle and State Assemblyman Fred Thiele agree with DEC Commissioner Basil Seggos that “non-compliance is a legitimate remedy” for this cutback, stating that “this action discriminates against the State of New York. It would have a significant adverse effect on the Long Island economy” in a joint statement issued Monday.

“This has not been an isolated case of discrimination against New York State,” they added. “Unfortunately, this is part of a long history of federal action that has strangled the fishing industry in New York to the benefit of other states. DEC advocacy for our fishing industry is long overdue.”

New York, Massachusetts, Rhode Island and Connecticut filed an appeal with the Atlantic States Marine Fisheries Commission over the catch reduction on March 16, and Mr. Seggos expects an answer by late April or early May. He has told the press he plans to litigate the matter if the state does not win the appeal.

“The State of New York should utilize every legal and administrative tool at its disposal to overturn this ill-considered federal proposal,” said Mr. Thiele and Mr. LaValle. “New York should not be at a disadvantage with other states on the East Coast. Again and again, we have seen politics replace science to the detriment of New York State fishermen, whether they are recreational anglers, charter boat captains, or commercial fishermen. When the federal government is arbitrary and capricious, the state must say “no.”

In late March, New York Governor Andrew Cuomo and Attorney General Eric Schneiderman announced they had filed an appeal over commercial summer flounder (fluke) quotas set by the Mid-Atlantic Fishery Management Council of the National Marine Fisheries Service, and were also looking into taking action on New York’s quotas on black sea bass and bluefish.

For 2018, New York commercial fishing daily trip limits for fluke were set at 50 pounds. New York commercial fishermen are allowed to take just 7.6 percent of the fluke allocated among the mid-Atlantic states. These tight restrictions, compounded by monthly limits aimed at keeping the landings in check throughout the year, led to a closure of commercial fluke fishing here last fall.

Read the full story at the East End Beacon

 

State files petition with federal bodies that set commercial fluke fishing quotas

April 3, 2018 — Gov. Andrew Cuomo warned the U.S. Secretary of Commerce in October that if changes weren’t made to fluke quotas to be fair to New York’s economy and commercial fishing families, the state would take legal action.

Last week, that threat became more real as the governor and state Attorney General Eric Schneiderman announced the filing of a petition with the federal government to establish fair quota allocations for the state’s commercial harvest of fluke, or summer flounder.

In a March 23 statement, Mr. Cuomo said the federal government can’t rely on “decades-old data to uphold the fluke quotas, which put New York at a disadvantage compared to other states.”

“New York’s commercial fishing industry has been held back by archaic federal restrictions for too long, and by taking action to defend fair treatment of our fishers, we will help this valuable industry reach its full potential,” he said.

The state Department of Conservation petitioned for revised allocations with the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration, National Marine Fisheries Service and the Mid-Atlantic Fishery Management Council.

“New York’s commercial fishing industry deserves a fair shake — not the back of the hand — from the federal government,” Mr. Schneiderman said. “Federal law requires that our nation’s marine fisheries be managed according to the best available science, and in a fair, efficient, and safe way. Simply put, perpetuating New York’s undersized, outdated share of the commercial summer flounder fishery does not meet the requirements of the law.”

Department of Environmental Conservation commissioner Basil Seggos also said changes need to be made.

Local fishermen have long felt they’re left short-changed while other East Coast states have higher quotas. Some are skeptical of what will come next, as they’ve dealt with restrictions on fluke fishing since 1992, which state officials and fishermen say were based on inaccurate or outdated data on the fish population.

Read the full story at the Suffolk Times

 

NY threatens suit over federal limits on black sea bass

March  28, 2018 — New York State will file suit against the federal government if it loses an appeal in opposition to current restrictions on the recreational black sea bass fishery, which for 2018 mandates a 12 percent reduction in fishing, a top state commissioner said Tuesday night.

The state Department of Environmental Conservation is holding a meeting Tuesday night to discuss options for the black sea bass season for 2018, and by all indications it will be contentious. Fishing boat captains on Facebook have urged anglers to attend the meeting to protest the 12 percent reduction, which would drastically shorten the season and the number of fish anglers can take. The DEC moved the location to a larger venue to accommodate more people.

“Please get on top of this situation and get the people of New York on equal footing with the rest of the boats and businesses on the East Coast,” Huntington fishing boat captain James Schneider said, noting charter and partyboats face a 30 percent reduction in their business. “Our people should not be punished.”

In an interview Tuesday night in advance of the meeting, Basil Seggos, DEC commissioner, said he’s been directed by Gov. Andrew M. Cuomo to make sure state fishermen don’t suffer as a result of federal regulations that seek to limit a fishery that’s considered healthy.

“Black sea bass populations have increased substantially,” he said. “Nonetheless, we’re stuck with the prospect of cuts, which never made sense to me, never made sense to the governor, or to our fisheries managers.”

New York joined with Massachusetts, Rhode Island and Connecticut in filing an appeal on March 16 of the 12 percent quota reduction for black sea bass this year. If the appeal with the Atlantic States Marine Fisheries Commission is not successful, he said, the state will file an appeal with the National Oceanic and Atmospheric Administration’s fisheries division. “If they are not prepared to rule favorably, then we’d pursue the litigation route,” said Seggos. “We think the science is with us” showing an abundance of black sea bass in the region.

Read the full story at Newsday

 

New York State petitions feds demanding more equitable fluke quota

March 23, 2018 — New York State on Friday filed a petition with the federal government to demand a more equitable distribution of the commercial fluke quota, saying current rules put “unreasonable limits” on the state industry.

The petition, filed with a U.S. Commerce Secretary Wilbur Ross and the National Oceanic and Atmospheric Administration, is a first step, officials said, toward changing a decades-old quota that leaves New York fishermen with just 7.6 percent of a catchable annual allocation for fluke up and down the East Coast. Other states such as North Carolina and Virginia get more than 20 percent each of the coastal quota, and often travel to New York waters to catch it.

Local fishermen who have complained of the low quota for decades had been expecting a lawsuit, after state officials visiting Long Island in November vowed to make good on Gov. Andrew M. Cuomo promised litigation in a visit to Montauk in 2013.

But delays by an interstate fisheries commission addressing quota inequities until the fall forced the state to file the petition as a necessary first step toward litigation, officials said.

“Quite frankly, we lost patience,” Basil Seggos, commissioner of the New York State Department of Environmental Conservation, said in an interview. His staff worked with New York Attorney General Eric T. Schneiderman’s office to file the petition.

“The stringent limits on commercial landings of [fluke] in New York ports have made [fluke] fishing no longer an economically viable choice” for New York fishermen, because the “limited revenue generated by a trip often cannot offset the costs, including fuel, time, and vessel wear-and-tear.”

One longtime critic of the governor’s protections for commercial fishermen called the petition effort “weak.”

Daniel Rodgers, a Southampton lawyer and director for New York Fish, a fishermen’s advocacy group, expressed concern that the petition will only further delay action that fishermen need now.

Read the full story at Newsday