Saving Seafood

President Trump Expands Wind Leases Off Martha’s Vineyard

April 9, 2018 — The Trump administration will expand wind energy leases off Martha’s Vineyard, the U.S. Secretary of the Interior announced Friday.

In a press release, Secretary Ryan Zinke said two more areas off Massachusetts totaling some 390,000 acres would go up for sale for future commercial wind farms. The lease area lies near a 300,000-acre swath of wind-rich deepwater ocean already designated for commercial wind farms, roughly 15 to 25 miles south of the Vineyard.

No wind farms have been built yet off Massachusetts, but a high-stakes business race is on as well-funded developers work their way through a dense bureaucractic process of permitting at the state and federal level. Construction could begin by 2019 and run through 2022.

The next key date in the permitting process is April 23, when bid winners will be announced for state-mandated energy contracts with utility providers. Tied to a 2016 law signed by Gov. Charlie Baker requiring state utility companies to buy 1,600 megawatts of power from alternative energy sources in the next decade, the energy contracts are critical for wind developers since they provide a way for wind farms to transmit electricity to consumers via the grid.

To date, three developers have been awarded leases to build utility-scale wind farms off the Vineyard: Vineyard Wind, Deepwater Wind and Baystate Wind.

Vineyard Wind is a partnership between Vineyard Power, the Island energy cooperative, and the Danish company Copenhagen Infrastructure Partners, which has an offshore wind development arm.

Deepwater Wind, based in Providence, R.I., has already launched the country’s first offshore wind farm off Block Island.

Read the full story at the Vineyard Gazette

 

Zinke calls for more wind energy proposals off LI

April 6, 2018 — PRINCETON, N.J. — U.S. Interior Secretary Ryan Zinke issued a powerful endorsement for offshore wind energy at a symposium here Friday, and announced a call for new proposals for a wind energy area off Long Island.

Zinke said wind energy was a key part of the Trump administration’s plan for greater energy independence, saying it was “morally the right thing to do” in place of seeking resources in conflict-ridden areas.

He called the offshore wind industry a virtual “blank slate” with “enormous potential.”

His speech included announcement of a formal “call for information and nominations” from companies interested in potential wind energy areas for the New York Bight off Long Island’s South Shore.

Fishermen have sued to block a lease already issued to Statoil in that area, which they consider a vital scallop and squid ground.

Zinke emphasized the importance of protecting fisheries and the fishing industry, saying they’ll be important stakeholders in a five-year plan being developed by the department.

Read the full story at Newsday

 

Jessica Hathaway: Not just another shark story

April 6, 2018 — If there’s one trend I can appreciate coming out of the Trump administration, it’s increasing the standards for imported seafood. I’m not alone in having long wished for — if nothing else — a way to educate consumers on the difference between most imports and seafood harvested in our waters.

Reports on global fisheries are often misconstrued as applying equally to U.S. fishermen, fleets and practices as they do to foreign industry players. This misconception only works against our highly regulated industry. Our fleets reach much higher standards than the average global seafood supplier. Yet, they have few advocates, no national marketing campaign and little access to expensive lobbyists.

American fleets that target sharks have been on the verge of a complete ban for several years, thanks to a bill that would have made the trade of shark fins illegal in this country. Like many similar efforts, this bill had its roots in a justified and honorable cause — to prevent shark finning. But this problem with the global shark trade is not perpetuated by our fishermen or our policies. So how does it make sense to write policies that restrict our own trade and industry rather than getting to the root of the cause?

Read the full story at National Fisherman

 

BOEM Seeks Input on Future Offshore Renewable Energy Leasing

April 5, 2018 — In support of the Administration’s all-of-the-above energy policy and using every tool available to achieve energy dominance, the Bureau of Ocean Energy Management (BOEM) is conducting a high-level assessment of all waters offshore the United States Atlantic Coast for potential future offshore wind lease locations.

BOEM is seeking your input on the Proposed Path Forward for Future Offshore Renewable Energy Leasing on the Atlantic Outer Continental Shelf through a Request for Feedback (RFF) that will publish in the Federal Register on April 6, 2018.

“The Administration continues to make great progress toward securing America’s energy future,” said Counselor for Energy Policy, Vincent DeVito. “The outlook for offshore wind is bright and today, we are taking the next step to ensure a domestic offshore wind industry.”

To help assess which geographic areas along the Atlantic are the most likely to have highest potential for successful offshore wind development, BOEM is considering multiple factors, highlighted below.

Factors that make an area more likely to be excluded:

1. Areas prohibited by the Outer Continental Shelf Lands Act for leasing.
2. Department of Defense conflict areas.
3. Charted marine vessel traffic routes.

Read the full story at Ocean News & Technology

 

Atlantic marine monument suit can move forward

March 30, 2018 — Fishing organizations are set to proceed with their suit against the federal government to reopen fishing grounds in New England.

President Obama established the Northeast Canyons and Seamounts National Marine Monument, which included a blanket commercial fishing ban in an area that was already closed to some gear types under the New England Fishery Management Council’s jurisdiction.

The lawsuit has been held up since April 2017 by a Trump administration review of several national monuments created under the Obama administration. Recent filings at the U.S. District Court for the District of Columbia say the hold was lifted in mid-March.

The lawsuit argues that Obama never had the authority to establish the monument under the the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government,” as the act stipulates.

In December, Interior Secretary Ryan Zinke recommended making changes to marine national monument policies and proposed shifting the responsibility for controlling fishing within the monument to the regional fishery management councils.

“No president should use the authority under the act to restrict public access, prevent hunting and fishing, burden private land, or eliminate traditional land uses, unless such action is needed to protect the objects,” wrote Zinke in his recommendation.

Since Zinke’s official recommendations, no public action has been taken by the administration to address his statement.

Fishing industry leaders involved with the suit are ready to pick up where they left off.

“The Massachusetts Lobstermen’s Association is optimistically encouraged, given the forward movement of the lawsuit,” said Beth Casoni, executive director of The Massachusetts Lobstermen’s Association. “We are hopeful to regain the fishing grounds that were taken away from the fleet and to set a legal precedent through the court that will prevent any further draconian actions against the fleet.”

While lobster and deep-sea red crab fisheries were granted a 7-year grandfather period, all other commercial fishing was banned when the 5,000-square-mile monument was established in order to protect deep-sea corals and vulnerable species like North Atlantic right whales.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” Jon Williams, a New Bedford, Mass., crabber and a member of plaintiff group Offshore Lobstermen’s Association told the Associated Press.

Read the full story at National Fisherman

 

Lawsuit against national marine monument moving forward

March 29, 2018 — A lawsuit against a national marine monument, started nearly a year ago, is moving forward once more after a U.S. District Court Judge lifted a stay placed on the case.

The Northeast Canyons and Seamounts National Marine Monument, established via executive order using the Antiquities Act by President Barack Obama, set aside 4,913 square miles (12,724 square kilometers) of ocean 130 miles (209 kilometers) off the coast of New England. Soon after the monument was established, several fishing groups sued the federal government arguing that the move exceeded the President’s authority.

The motivation behind the lawsuit stems from the monument’s blanket ban on all commercial fishing. While a grandfather period of seven years was given to the lobster and deep-sea red crab fisheries, all other fishing operations have been banned from the area.

Now, thanks to U.S. District Court Judge James E. Boasberg’s lift of a stay granted on 12 May 2017, the lawsuit will begin to move forward once more. The lawsuit argues that Obama did not have the authority to establish the monument based on the Antiquities Act, given that the ocean is not “land owned or controlled by the federal government.”

Secretary of the Department of the Interior Ryan Zinke recommended, in a review released in December 2017, that the proclamation of the monument be amended to allow the local fishery management council to make decisions as authorized by the Magnuson-Stevens Act.

“There is no explanation in the proclamation as to why the objects are threatened by well-regulated commercial fishing,” wrote Zinke in his recommendations. “The proclamation should be amended, through the use of appropriate authority.”

Since that recommendation, however, the Trump administration has failed to act.

“Fishermen have waited a year for the government to respond to their lawsuit challenging a clear case of Antiquities Act abuse – locking fishermen out of an area of ocean as large as Connecticut,” said Jonathan Wood, an attorney with the Pacific Legal Foundation who is representing the plaintiffs. “The court’s decision to lift the stay will now require President Trump to decide whether to act on the secretary’s recommendation or defend President Obama’s unlawful monument decision in court.”

So far, said Wood, they haven’t heard whether or not the administration plans to defend the monument in court.

Read the full story at Seafood Source

 

April Showdown Looming for Battle Over Atlantic Ocean Monument

March 28, 2018 — WASHINGTON — Fisherman and lobstermen reeled in a temporary victory after a federal court agreed to lift a 10-month stay on a lawsuit that seeks to reverse Obama-era protections for the first national marine monument in the Atlantic Ocean.

In September 2016, former President Barack Obama used powers under the Antiquities Act to designate the Northeast Canyons and Seamounts National Monument.

The 5,000-square-mile monument, rich with deep coral and home to sperm whales, sea turtles and dolphins, is located just off the Georges Bank near Cape Cod, Massachusetts.

The Obama-era order closed off the area to commercial fisherman, except for a handful of crabbers who were grandfathered into the deal and allowed to continue trawling for just seven years more until fishing activity would be completely barred in the region.

The plaintiffs who originally challenged the monument designation in March 2017 include the Pacific Legal Foundation, the Atlantic Offshore Lobsterman’s Association, the Long Island Commercial Fishing Association, the Rhode Island Fisherman’s Alliance and the Garden State Seafood Association.

In their original lawsuit, the groups claimed Obama “exceeded his power under the Antiquities Act” when cordoning off the ocean acreage.

They argued the sea is not “land owned or controlled by the Federal government and thus not within the president’s proclaiming authority.”

“Unless a permanent injunction is issued to forbid the implementation of the proclamation’s fishing prohibitions, plaintiffs are and will continue to be irreparably harmed … and will continue to suffer a diminution of income, reduced fishing opportunities and depletion of their investment in their boats and permits,” the March 2017 complaint states.

This March 15, U.S. District Judge James Boasberg finally agreed to allow the fisherman’s lawsuit to continue, effectively turning up  pressure on the Trump administration to act.

Read the full story at the Courthouse News Service

 

Trump Signs Omnibus Spending Bill With Legislation Adding 63,000 H-2B Guest Workers

March 28, 2018 — President Donald Trump has signed a new 2,232-page Omnibus Spending Bill sent to him by the Senate after it passed the House of Representative that includes an increase in the H-2B Guest Worker Program for the remainder of the year.

The H-2B program allows employers to hire temporary foreign workers to fill low-skill, non-agricultural positions. Currently it provides for an annual cap of 66,000 visas per year, with a few exceptions.

The new bill contains a provision to once again allow the Department of Homeland Security to exceed the annual cap on admissions of unskilled non-agricultural workers. If fully implemented by the United States Citizenship and Immigration Services, it has the potential to add as many as 63,000 additional H-2B guest workers next year, nearly doubling the size of the program.

New Bill Huge Improvement

“The new provision to exceed the cap on admissions will sure will help a lot!” exclaimed Jennifer Jenkins, a Gulf Seafood Foundation Board Member and owner of Crystal Seas Oyster in Pass Christian, MS, whose company depends on the more than 150 H-2B workers each year. “I’m not sure it will solve all the problems because there are so many people trying to use the program, but anything is a huge improvement from where we were a week ago.”

The H-2B Foreign Worker program, many from Mexico and Central America, has continued to grow at a steady pace. The Gulf States of Texas, Florida and Louisiana have more than 33,000 H-2B workers alone, with occupational categories that include: landscaping and grounds keeping workers, seafood workers, forest and conservation workers, and maids and housekeeping.

Read the full story at Gulf Seafood News

 

Fishermen suit against Atlantic marine monument moves ahead

March 27, 2018 — PORTLAND, Maine — Organizations suing to eliminate the first national marine monument in the Atlantic Ocean have gotten the OK to proceed with a suit designed to reopen the area to commercial fishing, which environmentalists fear could jeopardize preservation efforts.

The fishing groups sued to challenge the creation of the Northeast Canyons and Seamounts Marine National Monument created by President Barack Obama in 2016. It’s a 5,000-square-mile area off of New England that contains fragile deep sea corals and vulnerable species of marine life such as right whales.

The fishermen’s lawsuit had been put on hold by a review of national monuments ordered by President Donald Trump’s administration in April 2017. Court filings at U.S. District Court for the District of Columbia say the stay was lifted in mid-March and the litigation can proceed.

Marine national monuments are underwater areas designed to protect unique or vulnerable ecosystems. There are four of them in the Pacific. The Northeast monument, the only one off the East Coast, is also an area where fishermen harvest valuable species such as lobsters and crabs.

“To lose a big area that we have historically fished has quite an impact on quite a lot of people here,” said Jon Williams, a New Bedford, Massachusetts, crabber and a member of plaintiff group Offshore Lobstermen’s Association. “It’ll raise attention to it a little bit, which it needs.”

The court ordered the federal government, which is the defendant in the case, to respond by April 16. A spokeswoman from the federal Department of Commerce declined to comment.

The lawsuit’s ability to move forward will hopefully prod the federal government to make a decision about the future of the monument, which is unpopular with commercial harvesters, Williams said. But a coalition of environmental groups is also intervening in the case in an attempt to keep the monument area preserved.

Read the full story at the AP News

 

New Jersey: Bill to ban oil, gas drilling in state waters passes Senate

March 27, 2018 — Bipartisan legislation to ban offshore drilling in state waters and to prohibit infrastructure there from supporting drilling in federal waters off New Jersey, was approved 37-0 on Monday by the state Senate.

“This is a back-door way of blocking the offshore drilling that would be allowed by the federal action,” said co-sponsor Sen. Jeff Van Drew, D-Cape May, Cumberland, Atlantic. “We control the first 3 miles at the state level, so we will use that authority to try to hinder or block drilling along the Jersey coast, which is vital for the fishing industry.”

President Donald Trump has proposed opening up drilling in federal waters along the Atlantic Coast. State waters run to three miles out, and federal waters from three to 200 miles out.

The Shore Tourism and Ocean Protection (STOP) from Offshore Oil and Gas Act (S-258/A-839) had already passed the Assembly and now goes to Gov. Phil Murphy’s desk. Murphy, an opponent of offshore drilling in the Atlantic, is expected to sign it.

Co-sponsor Sen. Chris Brown, R-Atlantic, said protecting the environment is not a Republican or Democrat issue.

“All of our Atlantic County families, retirees and our local economy depend on us protecting our beaches and waterways,” Brown said. “It simply makes sense to preserve our $44 billion tourism economy and our commercial and recreational fisheries for our children and grandchildren.”

It would prohibit offshore drilling in state waters and ban the leasing of tidal or submerged lands in state waters for oil or natural gas production, exploration or development.

Read the full story at the Press of Atlantic City