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Fishermen Hit Feds With Lawsuit Over Wind Lease Sale

December 9th, 2016 — A lawsuit has been filed against the U.S. Department of the Interior (DOI) and Bureau of Ocean Energy Management (BOEM) in an effort to delay the anticipated lease sale of the New York Wind Energy Area.

The Fisheries Survival Fund (FSF), which says it represents the majority of the limited-access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay the lease sale for the development of an offshore wind project located approximately 11 miles off the coast of Long Island, N.Y. The lease sale is scheduled for Dec. 15.

The suit was filed against Sally Jewell, DOI secretary, and Abigail Hopper, BOEM director.

The filing alleges that the leasing process for BOEM did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen.

According to the FSF, the site is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serve as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder.

The group also claims it is an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned Dec. 15 lease sale – despite repeated feedback from concerned fishing stakeholders.

Read the full story at North American Wind Power

Fishermen Object to New York Wind Farm Lease Sale

December 9th, 2016 — The Fisheries Survival Fund, which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking to delay an anticipated lease sale for the development of offshore wind farms off New York.

A 26-mile long block approximately 11 miles off the coast of Long Island is scheduled for sale on December 15, 2016.

The Fund argues that the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen voiced their concerns but received “virtually no attention or analysis” from government officials. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

However, BOEM says it has given consideration to comments received on the Environmental Assessment. In response to concerns raised by commercial fishing interests, BOEM has included a lease requirement for the lessee to develop a publicly available Fisheries Communications Plan and work with a Fisheries Liaison to facilitate communication with the fishing industry.

Read the full story at the Maritime Executive 

Fishing groups seek Atlantic wind farm delay

December 8, 2016 — MINEOLA, N.Y. — Commercial fishing companies, trade groups and three fishing-based municipalities are seeking to delay the lease sale of an Atlantic Ocean site between New York and New Jersey that federal officials envision as the home of a massive offshore wind energy project.

The Associated Press obtained a copy of a 45-page motion ahead of its filing Thursday in federal court in Washington, D.C. It seeks a temporary restraining order halting the Dec. 15 lease sale. Those seeking a delay include groups representing scallop and squid fishermen, the Long Island Commercial Fishing Association and the city of New Bedford, Massachusetts.

The motion seeks to delay the Bureau of Ocean Energy Management’s plans for developers to build a 127-square-mile, 194-turbine offshore wind farm. The United States still has no offshore wind projects online, though BOEM has awarded 11 commercial offshore wind leases for sites in the Atlantic. Some major projects have been delayed by political opposition.

A BOEM spokeswoman said the agency doesn’t comment on pending litigation.

The country’s first offshore wind farm, a tiny project off Rhode Island with just a few turbines, is expected to debut this month.

The court motion argues that BOEM failed to consider alternative sites and contends that besides negative impacts on scallop and squid fishing, others who harvest fish species including summer flounder, mackerel, black sea bass and monkfish also would be negatively affected. When it announced final plans for the lease sale earlier this fall, BOEM said it had removed about 1,780 acres from the initial proposal because of environmental concerns.

The plaintiffs referred to that as a “diminutive change” in their motion. The fishing groups said they aren’t opposed to wind farms. But they argue that site alternatives weren’t considered and that conducting site analysis after a lease sale is completed will be too late.

“BOEM must carry out the proper analysis prior to officially leasing out areas to companies for construction, due to the importance of this fishery area,” said James Gutowski, president of the Fisheries Survival Fund, who is a scallop fisherman from Barnegat Light, New Jersey; the group is the lead plaintiff in the lawsuit.

“It must adequately and accurately characterize the potential impacts to the industry from construction on this site,” Gutowski said.

Read the full story at the Associated Press

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen for the 127 square mile wind farm is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social, and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit include: the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren.  The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

New York set for offshore wind after environmental review

November 3, 2016 — WASHINGTON– Areas off the New York coast will be open for offshore wind energy bidders, but some area is reserved because of ecological concerns, the U.S. government said.

The U.S. Interior Department, in coordination with its Bureau of Ocean Energy Management, said it would open 79,350 acres off the coast of New York up for a commercial wind energy lease sale. About 1,780 acres was removed because of environmental concerns associated with a subsea feature known as the Cholera Bank.

“In a comment letter, the National Marine Fisheries Service identified the Cholera Bank feature as a sensitive habitat to be avoided for the placement of structures,” an Interior Department stated read. “As a result of this removal, the revised lease area will be approximately two percent smaller than the lease area considered in the proposed sale notice.”

For oil and gas, the Interior Department this year revised lease plans to include 10 potential sales in the Gulf of Mexico and three for offshore Alaska. Initial considerations for lease sales in the Atlantic were removed because of “current market dynamics, strong local opposition and conflicts with competing commercial and military ocean uses,” the department said.

The U.S. Defense Department said there may be areas in the original proposal for the Atlantic that may not be compatible with defense operations and interests.

Wind energy development up and down the New England coast has been met with opposition from preservationists worried about the potential threat to coastal habitats and aesthetics.

Read the full story at UPI

Interior Department to Auction Over 79,000 Acres Offshore New York for Wind Energy Development

November 1, 2016 — Secretary of the Interior Sally Jewell and the Bureau of Ocean Energy Management (BOEM) Director Abigail Ross Hopper announces that 79,350 acres offshore New York will be offered in a December 15 commercial wind lease sale.

“This announcement not only marks another milestone for the U.S. offshore wind energy program, but also demonstrates how our collaborative efforts with state, local and private sector partners can advance a clean energy future in the United States,” said Secretary Jewell. “Industry interest remains strong with more than a dozen qualified bidders as we take another step closer to harnessing the enormous potential of offshore wind energy for Atlantic coastal communities.”

The New York Wind Energy Area starts approximately 11.5 nautical miles (nm) from Jones Beach, NY. From its western edge, the area extends approximately 24 nm southeast at its longest portion. The lease area consists of five full Outer Continental Shelf blocks and 143 sub-blocks. A map of the lease area can be found here.

“New York is a critical component in building a robust U.S. offshore wind industry,” said BOEM Director Abigail Ross Hopper. “The process to develop and refine the New York lease area, as well as the online auction, reflects the deep commitment BOEM has to listening and responding to stakeholders and ensuring that all voices are heard as we forge a path to a clean energy future.”

To date, BOEM has awarded eleven commercial wind leases, including nine through the competitive lease sale process. These lease sales have generated more than $16 million in winning bids for more than a million acres in federal waters.

After reviewing comments received on the Environmental Assessment, BOEM removed about 1,780 acres from the lease area due to environmental concerns regarding a seafloor feature known as the Cholera Bank. In a comment letter, the National Marine Fisheries Service identified the Cholera Bank feature as a sensitive habitat to be avoided for the placement of structures. As a result of this removal, the revised lease area will be approximately two percent smaller than the lease area considered in the Proposed Sale Notice.

Read the full story at Ocean News & Technology

Plans for wind project off New York slightly scaled back

October 27, 2016 — Federal officials have slightly scaled back the site of a proposed wind energy project in the Atlantic Ocean south of New York’s Jones Beach.

The Interior Department and Bureau of Ocean Energy Management announced Thursday in Washington that it would conduct a lease sale on Dec. 15. The sale will be for a 79,350-acre site.

BOEM says about 1,780 acres have been removed because of environmental concerns in an area known as the Cholera Banks. It is considered a lucrative fishing area.

BOEM also says it will work to improve communication with the fishing industry.

Drew Minkiewicz, an attorney representing the Fisheries Survival Fund, said the changes are inadequate and his group will continue to oppose the proposed project.

Read the full story from the Associated Press at the Seattle P-I

ALASKA: BOEM takes comments on Cook Inlet lease sale

August 25, 2016 — KENAI, Alaska — A few Kenai-area residents turned out Aug. 18 to offer their advice on a draft environmental impact statement for a proposed oil and gas lease sale in Lower Cook Inlet.

The draft, prepared by the Bureau of Ocean Energy Management, the federal agency that oversees oil and gas leasing in federal waters, outlines a proposed sale in an area of Cook Inlet beginning south of Kalgin Island and ending at a line extending westward from Seldovia. If the Secretary of the Department of the Interior approves the plan, a lease sale would take place in June 2017.

Mark Storzer, the regional supervisor for BOEM’s Office of Environment in Anchorage, said the EIS will simply set up the structure for a lease sale to take place in the future.

“We always make sure to emphasize with people that this does not mean a lease sale is going to take place,” Storzer said.

The current plan presents 224 blocks, each nine square miles, in the region that would be offered for lease. A number of alternatives accommodate critical habitat for endangered Cook Inlet beluga whales, threatened Northern sea otters and the drift gillnet fishery that operates in the area north of a line extending west from Anchor Point.

Read the full story at the Alaska Journal of Commerce

MARCO Encourages Public Review of the Draft Regional Ocean Action Plan

August 11, 2016 — The following was released by the Mid-Atlantic Regional Council on the Ocean:

WASHINGTON, DC ― The Draft Mid-Atlantic Regional Ocean Action Plan (Draft Plan) was recently released for public review by the Mid-Atlantic Regional Planning Body (MidA RPB), a group made up of representatives from six states, federal and tribal entities and the Mid-Atlantic Fishery Management Council.

The plan, which is open for public comment through September 6, 2016, aims to ensure healthy, productive, and resilient marine ecosystems and sustainable ocean uses from New York through Virginia.  Developed by the MidA RPB, it is the culmination of collaborative discussions since 2013 and outlines a suite of actions for improving collaboration on decision making for ocean waters of the Mid-Atlantic.

The Draft Plan is available online and the public may formally submit comments via the Bureau of Offshore Energy Management (BOEM) website at http://www.boem.gov/Ocean-Action-Plan. In addition, the public is encouraged to share their reactions to the Draft Plan on social media using the hashtags #MidAOceanPlan and #OceanPlanning.

Working collaboratively to advance regional ocean planning as the Mid-Atlantic Regional Council on the Ocean (MARCO), the states of New York, New Jersey, Delaware, Maryland and Virginia play an instrumental role in supporting the region’s process for gathering and reviewing data on ocean resources and uses, as well as engaging ocean users, tribes and the general public in an ocean planning process.

“The planning process has given the states a seat at the table regarding the use of offshore ocean resources,” said Maryland Department of Natural Resources Director of Ocean and Coastal Management and MidA RPB State Co-Lead Gwynne Schultz. “The Draft Plan provides an exciting opportunity to raise public awareness and to influence proposed projects and actions in federal waters, streamlining how government agencies work with each other and stakeholders.”

The five MARCO member states began identifying common interests in 2009, after a Governors’ Agreement formed the MARCO partnership to enhance the vitality of the region’s ocean ecosystem and economy.  The states jointly recognize ocean planning as a potential tool for moving common regional priorities forward and, as MARCO, have played an instrumental role in the regional planning process. MARCO’s contributions to the Draft Plan have included:

  • Convening entities and stakeholders throughout the region to help inform the ocean planning process.
  • Facilitating the compilation and synthesis of data and information on marine resources, habitats and human uses.
  • Developing the MARCO Ocean Data Portal (http//:portal.midatlanticocean.org), an interactive ocean mapping and information website focused on the Mid-Atlantic coast.
  • Hosting a series of five regional Open House Public Listening Sessions in July 2016 to share information about and to receive informal public input on the Draft Plan.

“The MARCO Ocean Data Portal provides a public resource that puts maps and data from a variety of federal agencies and other vetted sources in one easy to use website location,” said Virginia Coastal Zone Management Program Manager Laura McKay, who also serves as Chair of the MARCO Management Board and as a member of the MidA RPB. “Never before have we been able to explore from a regional perspective, the transboundary spatial relationships between species, habitats and human activities,” McKay stated.

This process also helped establish a new two-way dialogue between those who use the ocean and the agencies and entities that make decisions about long-term sustainable management.

“The Mid-Atlantic states will benefit in the long-term from the improved relationships with ocean stakeholders who have been given a new opportunity to provide data and feedback to the regional ocean planning process, bringing a louder voice to key issues of concern from coastal communities and ensuring that decision-makers have an improved understanding of the opportunities and limitations of currently available data sets,” said Greg Capobianco, New York Department of State and MidA RPB member.

Following the public comment period, the Plan will be submitted to the National Ocean Council for concurrence.  Upon finalization, the region expects to benefit from the Ocean Action Plan through improved coordination, data availability and outreach opportunities.

New York utility poised to approve ambitious offshore wind project

July 15, 2016 — UNIONDALE, N.Y. – A New York utility plans to approve a wind farm off eastern Long Island that it says would be the nation’s largest offshore wind energy project built to date.

The project would be the first phase of a more ambitious effort to construct hundreds of electricity-producing turbines in the Atlantic Ocean in the coming years.

The announcement that the Long Island Power Authority plans to approve a proposed 90-megawatt, 15-turbine wind farm in U.S. waters east of Montauk at a meeting next week was greeted enthusiastically by energy experts, elected officials and environmentalists.

“This is obviously an important development,” said Jeffrey Firestone, a professor at the University of Delaware and an expert on offshore wind. “Hopefully, this will be something toward facilitating a more regional approach to the need for offshore wind energy.”

The U.S. lags behind Europe and others in development of offshore wind energy because of regulatory hurdles and opposition from fossil fuel and fishing interests, among other challenges. Many wind farms in Europe are already producing hundreds of megawatts of power.

Read the full story from the Associated Press in the Portland Press Herald

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