Saving Seafood

BOEM advancement of New York offshore wind raising fishing industry concerns

August 18, 2021 — Two major offshore wind projects off the coast of the U.S. state of New York have taken steps forward over the past week, according to announcements made by the Bureau of Ocean Energy Management (BOEM), and those developments have raised some significant concerns from the fishing industry in the U.S. Northeast.

On Monday 16 August, the agency issued its final environmental impact statement on South Fork Wind, a development that could generate 130 megawatts of power to the eastern end of Long Island.

However, according to letters from the Fisheries Survival Fund and the Port of New Bedford, Massachusetts, that’s not the case – at least in terms of the scallops fishery, one of the country’s most-lucrative fisheries.

Fishermen and port officials sent letters on Friday, 13 August, continuing to raise concerns about the largest planned development area, the so-called “Hudson South” area, which is located about 30 miles east of the central New Jersey coast and 60 miles south of western Long Island.

“The need for such precautionary measures is especially vital given that a sizeable body of research is shedding light on the extent of potential consequences to local fisheries from offshore wind-farm construction and operation,” wrote David Frulla, Andrew Minkiewicz, and Bret Spark – lawyers representing the FSF – in a letter.

Read the full story at Seafood Source

US Chief Justice’s remarks set up likely showdown with Biden over fishing bans

March 25, 2021 — Did US Supreme Court justice John Roberts throw down the gauntlet for president Joe Biden and invite another lawsuit by the commercial fishing industry earlier this week when he expressed his disdain for past use of the Antiquities Act to block off certain parts of the ocean?

That’s what it looks like to seafood attorney Andrew Minkiewicz, a partner at the firm Kelly Drye, in Washington, D.C.

“This doesn’t happen every day or even in a lifetime,” Minkiewicz said of the apparent opportunity for the industry. “The chief justice really outlined his skepticism of the way presidents are using the power that is, or is not, granted to them in the Antiquities Act. And he raises questions a lot of us have had, like, ‘How did we go from trying to protect ancient dwellings from people robbing their artifacts to now 580,000 square miles of ocean being locked up with the stroke of a pen?”

In his four-page explanation, issued Monday, March 22, for why the high court rejected the petition for certiorari led by the Massachusetts Lobstermen’s Association (MLA) and four other fishing groups as part of an effort to allow commercial fishing on nearly 5,000 square miles in the Atlantic Ocean, Roberts practically drew a bull’s eye around the right case to be made next time, Minkiewicz and others believe.

The Pacific Legal Foundation, a libertarian public interest law firm, had argued on behalf of MLA and the other fishing groups that president Barack Obama overstepped his bounds in Sept. 2016 when he used the 1906 antiquities law and proclamation 9496, an executive order, to create the Northeast Canyons and Seamounts Marine National Monument. Roberts said the request didn’t meet the standards necessary to warrant a Supreme Court review, but his explanation indicated he strongly agreed with the sentiment.

Read the full story at Undercurrent News

As Vineyard Wind moves toward approval, a wave builds behind it

March 9, 2021 — A huge wind farm off the Massachusetts coast is edging closer to federal approval, setting up what the Biden administration hopes will be a model for a sharp increase in offshore wind energy development along the East Coast.

The Vineyard Wind project, south of Martha’s Vineyard, would create 800 megawatts of electricity, enough to power 400,000 homes in New England. If approved, the $2 billion project would be the first utility-scale wind power development in federal waters. A smaller offshore wind farm — the nation’s first — operates near Block Island in waters controlled by the State of Rhode Island.

Andrew Minkiewicz, an attorney for the Fisheries Survival Fund, which advocates for the sea scallop fishing industry, said the group has concerns about the abrupt shift in attitude from the Trump administration to Biden.

The project appeared dead — or at least on indefinite pause — as recently as last year, “and the new administration comes in and says no, we’re going to go ahead,” Minkiewicz said. “If this were not a clean-energy project, I think there would be an absolute uproar.”

Fishing groups from Maine to Florida have expressed fear that large offshore wind projects could render huge swaths of the ocean off-limits to their catch. While Vineyard Wind is not located in an area critical to the scallop fishery, other potential sites along the Atlantic coast could pose a major threat to scallopers, Minkiewicz said.

Read the full story from the Associated Press at The Providence Journal

President Biden’s flurry of actions to protect the environment reignites a controversy about the Atlantic’s only marine monument

January 22, 2021 — Last June, as part of a concerted campaign to dismantle the environmental policies of the Obama administration, Donald Trump met with fishermen in Maine and signed a proclamation that allowed commercial fishing in nearly 5,000 square miles of federally protected waters southeast of Cape Cod.

But elections have consequences, and on Wednesday President Joe Biden signed an executive order that could overturn Trump’s decision and restore the first marine national monument in the Atlantic Ocean to its former status, part of a flurry of executive actions Biden took on his first day in office to reverse many of the Trump administration’s environmental rollbacks.

Environmental advocates called the first steps promising, a welcome change from the policies of the past four years.

In response to Biden’s order, representatives of fishing groups urged the new administration to consult them before overturning Trump’s policies.

“The hope of the fishing industry is that if the Biden administration is endeavoring to unite the country, then the Biden administration will actively reach out to fishing communities and not only discuss the marine monument with them but listen to the fishing communities’ concerns and act upon those concerns,” said Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C.

He and others urged the Biden administration to respect the traditional fishery management process, which allows for councils composed of fishermen, environmental advocates, and regulators to determine where and how much fishing can occur.

“I believe, as long as this is reviewed fairly, in terms of the science and law, there’s no reason that fishing shouldn’t be allowed there,” said Bob Vanasse, executive director of Saving Seafood, a Washington-based group that represents commercial fishermen. “It’s sustainable. But if it’s a political decision and about Obama’s legacy, then it’s going to be a problem.”

Read the full story at The Boston Globe

Forced sell-off of Rafael assets begins

September 24, 2019 — A father-and-son team from Massachusetts and other buyers are acquiring scallop fishing boats owned by a disgraced fishing magnate nicknamed the Codfather, signaling the beginning of the former mogul’s forced exit from fisheries.

The sale of Carlos Rafael’s 11 scallop boats, and their associated permits, is part of a civil settlement Rafael agreed to with the federal government that will result in his permanent removal from the U.S. fishing industry.

Rafael, once the owner of one of the largest commercial fishing operations in the U.S., was sentenced to nearly four years in prison for dodging quotas and smuggling profits overseas.

Scallopers Charles Quinn and son Michael Quinn are buying seven of Rafael’s scallop boats and selling one of them, their attorney, Andrew Minkiewicz, told The Associated Press. Court documents state the Quinns paid about $46 million for the boats.

Rafael’s attorney, John Markey, of New Bedford, confirmed the other boats have also sold, but declined to disclose the other buyers or purchase prices.

Read the full story at The Associated Press

New video shows impacts of offshore wind on U.K. fishermen, provides lessons for U.S. industry

February 21, 2019 — The following was released by the Fisheries Survival Fund:

A new video, Winds of Change, released today by the Fisheries Survival Fund (FSF), documents how the arrival of offshore wind blindsided U.K. fishermen, and how the wind farms have permanently changed their traditional fishing grounds and how they make their livelihoods.

Last year, two members of FSF traveled to the United Kingdom to learn how fishermen in Ramsgate, England and Aberdeen, Scotland have been impacted by offshore wind development. Those lessons are documented in Winds of Change.

“As offshore wind moves forward here in the U.S., it’s essential that it’s able to co-exist with the fishing communities that have depended on these waters for generations,” said Andrew Minkiewicz, an attorney for FSF. “We must learn from the experiences of European fishermen if we want to avoid the same pitfalls and make the best decisions for American fishermen and offshore wind developers.”

Winds of Change explains the impacts offshore wind can have on marine ecosystems, including altering the flow and direction of the tide, churning up sediment, and changing fish behavior or causing them to leave the area altogether. It also shows how wind farms can affect fishing operations, leaving vessels with little room to maneuver through wind turbines and interfering with navigation systems.

The video highlights the need for fishing knowledge and input early in the process of siting and developing offshore wind farms. English fishermen explain how they were not given the opportunity to provide input into the siting of the Thanet Offshore Wind Farm, which lies seven miles off the coast of Kent, England, right in the middle of important fishing grounds.

“One of the developers turned up one day with these agents…and said ‘we’re going to build a wind farm here,’” says John Nichols, Chairman of the Thanet Fishermen’s Association, in the video. “And they said ‘but we’re not worried about the fishermen because it’s divide and conquer, fishermen can’t stick together.’”

Several leases have already been awarded for wind farms off the East Coast of the U.S., including one in an area that is prime grounds for sea scallops. Additional lease areas are also currently under consideration.

Cape Cod Times: A landmark fisheries plan

January 15, 2018 — For seafood lovers, there’s nothing better than a lightly battered scallop, freshly harvested from the North Atlantic, and dipped in simmering butter. And now that federal regulators have agreed to open an area east of Nantucket, closed since the 1990s, fishermen could catch as much as $218 million worth of scallops this year, and $313 million over three years. Expect those fried scallop plates to cost less this summer.

The reopening of the sea bed is just one of the many beneficial outcomes of a new fisheries management plan that was nearly 15 years in the making. The landmark set of regulations opens a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species. The plan uses science and the latest technology to decide which ocean areas are important for the critical life stages of fish and shellfish species and how to protect them.

Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating. Now, with a model that compares the sea bed with the impact of fishing, regulators can make decisions that will help restore and protect fish stocks. The new plan also sets aside research areas to investigate the link between habitat and fish productivity.

“We think these are groundbreaking regulations,” said John Bullard, NOAA’s outgoing regional administrator, who issued the regulations as one of his last acts on the job. “It puts the focus on the quality of the habitat protected — not the quantity, or how many square miles were protected.”

Cape fishermen are pleased with at least two elements of the plan. They cheered the closing of a large part of the Great South Channel that runs between the Cape and Georges Bank because it is essential habitat for spawning cod and other fish species. State and federal surveys have found that the region’s cod population has plummeted by about 80 percent over the past decade. Closing this area will now help ensure the continued survival of species like Atlantic cod, haddock, and flounder for years to come.

Read the full opinion piece at the Cape Cod Times

 

‘Groundbreaking’ fish protection plan in place in Northeast

January 5, 2018 — The following is excerpted from an article by Doug Fraser of the Cape Cod Times:

After 14 years of research, negotiations, hearings and two additional years of review, New England has a plan that uses science and the latest technology to decide which areas are important for the critical life stages of fish and shellfish species and how to protect them.

John Bullard, the regional director of NOAA’s Greater Atlantic Regional Fisheries Office, informed New England Fishery Management Council Chairman John Quinn in a letter Wednesday that his agency had approved most of their fish habitat protection plan.

“It was a massive undertaking and your staff, especially Michelle Bachman, should be proud of their groundbreaking work that went into supporting this amendment,” Bullard wrote in the letter. The council staff, along with researchers from the National Marine Fisheries Service, state fisheries agencies, and universities, especially the University of Massachusetts Dartmouth’s School for Marine Science and Technology, put together models that incorporated photographic and other surveys of the ocean bottom with known areas of fish concentration and other research on spawning and other life stages, that helped the council evaluate what should be protected and how.

“The fact that it dragged on so long, people miss how groundbreaking this really is,” said Tom Nies, the New England council’s executive director. Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating, Nies said. Now, with a model that compares the sea bed with the impact of fishing, they can make decisions he feels will have greater significance to restoring and protecting fish stocks. Plus, the habitat plan also set aside research areas to investigate the link between habitat and fish productivity, a piece of the puzzle that has seen relatively little conclusive research.

“If you compare where we are with this amendment in terms of how they were developed and analyzed versus the original habitat areas in 2002 and 2003, we are light years ahead of where we were then,” Nies said.

Scallopers from both the big boat and small boat fleets, which are often at odds, traveled to Washington in October to lobby [U.S. Rep. William] Keating and other congressmen on getting NMFS to finish its review of the habitat plan and open the area up to scalloping before that population died off. Their message was that allowing them into scallop-rich, nonessential fish habitat meant they spent far less time towing their heavy dredges through areas fish do use.

“From our perspective, it’s really heartening that they heard our concerns,” said Seth Rolbein, director of the Cape Cod Fisheries Trust, speaking for the Cape Cod Commercial Fishermen’s Alliance.

David Frulla, an attorney and lobbyist representing limited access scallop vessels, and Fisheries Survival Fund attorney Andrew Minkiewicz agreed the council and NOAA made the right decision in closing the Great South Channel and opening the scallop grounds in what is known as Closed Area I. But they felt that there was just as much evidence to open up a portion of a second closed area on Georges Bank over 100 miles east of the Cape that had historically produced as much as 50 million pounds of harvested scallops. Bullard said more information would be needed for his agency to do that right now.

“There are only so many highly productive scallop beds, and this is one of them,” Minkiewicz said. Frulla admitted that the bottom there is more complex and may be harder to determine its value to fish, but Minkiewicz said adding another prime scallop area keeps scallopers away from the bottom where fish do congregate.

Assistant Regional Administrator Michael Pentony told Quinn in an email that his agency expected to publish the final rule containing the regulations to implement the plan this spring.

Read the full story at the Cape Cod Times

 

Environmentalists vow to fight Trump on Maine monument

April 26, 2017 — President Trump on Wednesday will issue a sweeping executive order to review as many as 40 national monument designations made by his three predecessors, an unprecedented move that could curtail or rescind their protected status.

It was unclear which areas would come under review, but the list could include monuments designated last year by President Barack Obama, including thousands of acres of pristine woods in northern Maine and sensitive marine habitats in the submerged canyons and mountains off Cape Cod.

Environmental groups immediately questioned the president’s legal authority to reverse a previous president’s designation, but the Trump administration has suggested that some of the restrictions on mining, logging, and other commercial and recreational activities have gone too far.

“The review is long overdue,” US Interior Secretary Ryan Zinke said at a White House news conference.

“No one can say definitely one way or another whether a president can undo an earlier president’s designation, because the issue has never been litigated,” said New Bedford Mayor Jon Mitchell, who has opposed Obama’s closing of 5,000 square miles of seabed to fishing by designating the Northeast Canyons and Seamounts Marine National Monument, about 130 miles off Cape Cod.

Mitchell said there is precedent for presidents to change the boundaries and activities within a national monument. President Woodrow Wilson reduced by half the size of the Mount Olympus National Monument in Washington, created by President Theodore Roosevelt.

“Intuitively, one would assume that if the president can establish a monument, the president can undo an earlier establishment,” he said.

Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., said the president wouldn’t have to rescind Obama’s designation to address the concerns of the fishing industry.

“With the stroke of a pen, he could just say there’s no longer a ban on commercial fishing,” he said.

Read the full story at the Boston Globe

Proposed Atlantic wind energy lease auction to proceed

December 13th, 2016 — The federal government’s plan to auction the development rights to a huge offshore windfarm in the Atlantic Ocean between New York and New Jersey will proceed Thursday.

Groups representing the fishing industry in four states sought to delay the auction. But an agreement between the groups and the Bureau of Ocean Energy Management will allow it to proceed.

A lawyer for the fishing groups says they still will be able to seek a halt to the final sale during a federal court proceeding now scheduled for Feb. 8, 2017.

Andrew Minkiewicz says the delay gives both sides more time to submit documents. A judge in Washington, D.C., agreed to the plan Monday.

The groups, including scallop fishermen, claim the 127-square-mile project would harm their business.

A BOEM spokeswoman declined comment.

Read the full story from the Associated Press at the New Jersey Herald