Saving Seafood

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 

Commercial fishermen ask court to block NY offshore wind energy lease

December 12, 2016 — Commercial fishing industry groups are asking a federal court to delay a planned Dec. 15 federal lease auction of 127 sq. mi. of seafloor off New York for wind energy development.

Led by the Fisheries Survival Fund, representing the East Coast sea scallop fleet, the organizations – joined by coastal towns where fishing is a major employer – seek an injunction against U.S. Interior Secretary Sally Jewell and the Bureau of Ocean Energy Management.

The move comes after months of circling by BOEM and commercial fishing interests from Massachusetts and New Jersey – including the prosperous sea scallop industry, which has enjoyed historic abundance and high prices for the shellfish. They fishermen were joined in the action by Narragansett, R.I., New Bedford, Mass., and Barnegat Light, N.J., where fishing provides good employment.

In their complaint, the critics say BOEM “grossly underestimated” the level of fishing activity in the proposed New York Wind Energy Area, a shortcoming industry advocates tried to remedy by providing tracking data from boats towing for scallops and squid.

Fishermen say the results show “spaghetti tracks” demonstrating that proposed lease areas are important fish habitat and seafood sources.  In court papers, captain James Lovgren from the Fishermen’s Dock Cooperative in Point Pleasant Beach, N.J., recounted bringing plotter data to BOEM that showed “the proposed windmill site was completely covered by track marks from the vessels.”

Lovgren says he and other fishermen were not notified of subsequent public listening sessions held by BOEM, despite having provided their contact information.

Read the full story at WorkBoat

NEW BEDFORD STANDARD-TIMES: The long view on offshore wind

December 12, 2016 — A consortium of entities with fishing interests – including the City of New Bedford – aims to block Thursday’s auction for wind rights in the ocean off of Long Island, claiming the fishing industry hasn’t had a full seat at the table.

One can readily see the value in the Edison’s saying above by comparing how the steadily advancing offshore wind industry has been greeted by fishing interests in New York and Massachusetts. While the federal government has been less than perfect in its consideration of Northeast fishing resources – see the recent ocean monument designations as an example where fishing interests’ reasonable options were ignored to the detriment of future harvests – the auctions that produced three leases for wind farms off the Massachusetts coast demonstrated effective outreach from the Bureau of Ocean Energy Management to fishermen. As a result, Massachusetts sits prepared, ready to answer when opportunity knocks, and New York is on tenterhooks.

This example illustrates the strategic commitment made in the Bay State and that has been broadly demonstrated regarding offshore wind. From academics and job training, to infrastructure and research, the coordination being described by varied activities should be cause for patient, measured optimism here.

Business and political leaders here have recognized that there are numerous assets waiting to be plugged in to the massive system required to support a mature and significant offshore wind industry. They have so far been patient enough to develop synergies organically.

Workforce development has begun with wind-specific programs in Bristol Community College and UMass Dartmouth, and at UMass Amherst, where wind energy research and development were born in 1971. The industry will benefit from the theoretical in Amherst to the most practical at UMass Dartmouth, where graduate programs in environmental policy and law help the legal framework to evolve, and where the rapidly expanding School of Marine Science and Technology provides unique, invaluable expertise on the geology and biology where turbines will be installed, in its backyard, so to speak.

Similarly, improvements to railways into New Bedford and assessments of waterfront land use will pay off as state assets like New Bedford’s South Terminal and the Charlestown blade testing facility become more and more useful.

Read the full editorial at the New Bedford Standard-Times

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