Saving Seafood

Offshore wind faces serious legal test

May 15, 2017– OFFSHORE WIND’S BIGGEST HURDLE? Legal action from several cities, fisheries and fishery associations in New England, New York and New Jersey is threatening to delay the growth of the nascent offshore wind industry, Pro’s Esther Whieldon reports. The suit threatens to set back a clean energy industry that has found itself in the new administration’s good graces. Notwithstanding President Donald Trump’s past battles with offshore wind farms and his work to reverse Obama-era climate change policies, his administration has so far supported offshore wind projects. Of more than 14,000 megawatts of offshore wind power installed globally, just 30 megawatts are so far operating in the U.S., but wind developers are eager to grow that number. BOEM is considering additional lease sales in Massachusetts, New York, California, South Carolina and Hawaii.

A loss in the New York case “would likely delay the new American energy revolution by a couple years,” said Collin O’Mara, president and CEO of the National Wildlife Federation, a wind industry supporter. The U.S. District Court for D.C. in February rejected the fisheries’ request to put Statoil’s lease on hold, but a hearing has not been scheduled. Plaintiffs argue BOEM violated the National Environmental Policy Act by failing to adequately consider the effects of granting offshore wind leases on their businesses or to consider alternative sites. “They have offered no off-ramp, no way to avoid litigation in this matter because they never offered a process to discuss location,” Drew Minkiewicz, a partner at the firm Kelley Drye & Warren LLP, tells Esther.

Read the full story at Politico

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

Confusion after LIPA wind farm meeting postponed

July 25, 2016 — New York State’s decision to postpone LIPA’s consideration of an offshore wind farm that is popular with environmentalists prompted confusion and rancor in its aftermath, as the Cuomo administration works on a wind-energy blueprint that could include other areas directly off Long Island.

A presentation prepared by the Long Island Power Authority this month – before the state stepped in recently and nixed a LIPA trustee vote – included a map of up to six “potential” New York wind-energy areas, including a long, straight swath 12 miles off the coast of the entire South Fork.

Another site comprises more than 100,000 acres in an area beyond an existing wind-energy area that LIPA and Con Edison previously had identified about 12 miles from Long Beach. Fishing groups oppose use of the location for a wind farm.

The New York State Energy Research and Development Authority, which has taken over that LIPA-Con Ed project, has been working for months on a comprehensive plan for wind energy for the state. A draft “blueprint” of that plan is due out in coming weeks.

A map similar to LIPA’s that lists the same six potential wind energy areas for New York appears in the state’s April cost analysis for Clean Energy Standard. In it, NYSERDA identified the South Fork coastal area off the Hamptons as having the potential to produce 3,081 megawatts of wind power from about 385 turbines rated 8 megawatts each.

The U.S. Bureau of Ocean Energy Management, which leases ocean sites, has yet to receive any formal request for the Hamptons-area site or other proposals beyond NYSERDA’s, said spokesman Stephen Boutwell.

If it were to, he said, the agency would work with the New York Renewable Energy Task Force, which includes federal and state agencies, local governments and tribes, to “identify other users of the areas and environmental concerns to assess the suitability of areas for leasing.”

Should the state move forward with any of the additional wind-energy areas listed in the LIPA and NYSERDA maps, they can expect opposition from fishing groups.

“Those [potential] wind-energy areas would destroy multiple fisheries,” said Meghan Lapp, fisheries liaison for Seafreeze Ltd., a Rhode Island commercial fishing group. Added Drew Minkiewicz, an attorney for the Fisheries Survival Fund, representing commercial scallopers, “All of them [wind-energy areas] are right smack dab in the middle of scallop grounds.”

Read the full story from Newsday at National Wind Watch 

New York Wind Farm Part of Larger Offshore Energy Ambitions

July 14, 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.

The federal Bureau of Ocean Energy Management has issued several leases for wind projects along the Atlantic coast, but none have come to fruition yet. LIPA said its project would be the next one built after one opens near Block Island, Rhode Island, later this year.

A scallop industry trade organization, the Fisheries Survival Fund, has raised concerns about some wind farm proposals, but not this one. Important scallop areas were removed from the possible lease areas for this wind farm, said Drew Minkiewicz, an attorney for the fund. He cautioned that other commercial fishermen could raise objections.

Read the full story from the Associated Press at ABC News

Fishermen worry about plan for wind farm off New York coast

June 20, 2016 — MINEOLA, N.Y. — A long-stalled plan to build a forest of power-producing windmills off the coast of New York may finally be gathering momentum, and that is sparking concern among commercial fishermen who fear the giant turbines will ruin an area rich with scallops and other sea life.

Federal officials announced earlier this month that they would auction off the rights to build the wind power farm on a 127-square-mile wedge of the Atlantic Ocean.

The tip of the wedge begins about 11 miles south of Long Island’s popular Jones Beach and spreads out across an area, sandwiched between major shipping lanes, where trawlers harvest at least $3.3 million worth of sea scallops each year, as well as smaller amounts of mackerel, squid and other species, according to a study commissioned by the Bureau of Ocean Energy Management.

“There’s got to be a better place,” said Eric Hansen, a scallop fisherman based in New Bedford, Massachusetts.

Groups including the Long Island Commercial Fishing Association and the Fisheries Survival Fund and a seafood company in Rhode Island have already voiced objections about damage to the fishing ground and potential navigation hazards for vessels traversing the area.

“We’ll fight it every step of the way,” said Drew Minkiewicz, an attorney representing the Fisheries Survival Fund, although he stopped short of threatening legal action. He said scallop fishermen don’t object to all wind farms, but are angry the New York site was chosen without their input.

Read the full story from the Associated Press at the Times Union

NOAA fisheries center won’t relocate to New Bedford

May 31, 2016 — NEW BEDFORD, Mass. — NOAA won’t be relocating its Northeast Fisheries Science Center from Woods Hole to New Bedford or anywhere off Cape Cod, the agency decided this week.

After 50 years in its location, the Science Center is bursting at the seams, and NOAA is seriously considering rebuilding it at another location.

Mayor Jon Mitchell and about 50 other community leaders wrote to NOAA earlier this year, stating that moving the researchers closer to the fishing fleet that relies on their work would go a long way toward repairing the damaged relationship that the fishermen have with their regulators.

Drew Minkiewicz, attorney for The Fisheries Survival Fund, a nonprofit scallop industry group, said, “They should have looked harder. It doesn’t seem like they thought about it too much.” He said that the city offers “synergies with places like SMAST (The UMass Dartmouth School for Marine Science and Technology).

Bob Vanasse of the industry group Saving Seafood said, “I do think the mayor was correct in moving the science center to a major seaport with the most economic value. It would have been a good move. It would have been good to have scientists in close proximity to the fishermen who rely on them.”

“I’m not surprised, though. I thought it was a long shot,” he said.

Read the full story at the New Bedford Standard-Times

How do you get a $450,000 camera off the bottom of the sea?

May 26, 2016 — The following is excerpted from a story published today by the Boston Globe:

Shortly after dawn last Friday, the R/V Hugh R. Sharp was towing a sophisticated array of sensors and cameras along the bottom of the Atlantic Ocean. Then suddenly, the research vessel shuddered.

Within seconds, the line went slack, and the team of scientists and volunteers realized the $450,000 camera system was lost, somewhere off the Virginia coast.

Officials at the National Oceanic and Atmospheric Administration said they believe the cable connecting to the camera system, known as HabCam, snagged on the remains of the Bow Mariner, a well-known wreck in the area.

The scientists lost contact with the HabCam as a college student was piloting it. HabCam, which is about 10 feet long and weighs 3,700 pounds, was at a depth of about 240 feet, some 90 miles southeast of Delaware Bay.

The Sharp has only several weeks available in the spring to survey scallops, which last year had a catch valued at nearly $425 million, more than three-quarters of which went to fishermen in New Bedford.

Those representing fishermen said they’re deeply concerned about the prospects for this year’s survey.

“This will create uncertainty in the scallop assessment, meaning there’s a greater chance that we’ll catch too few scallops, which will be a short-term loss, or too many, which will be a long-term loss,” said Drew Minkiewicz, an attorney for the Fisheries Survival Fund, a trade group that represents scallopers throughout the Northeast.

Some in the fishing industry blame NOAA for allowing a college student to pilot the HabCam. They also raised questions about whether the incident occurred as a result of problems with another NOAA ship, the Henry B. Bigelow, which required unexpected maintenance this spring that delayed its survey of groundfish stocks more than ever before.

“I’m told that because of the Bigelow fiasco, [NOAA] transferred more experienced people from the scallop survey to the groundfish survey to try to make up for lost time,” said Robert Vanasse, executive director of Saving Seafood, a Washington-based group that represents the fishing industry.

“Since the volunteer wasn’t as experienced, and since the captain was apparently driving directly into the path of a 600-foot sunken tanker, they didn’t react quickly enough,” he added.

Read the full story at the Boston Globe

$450K NOAA scallop camera snared by sunken ship; loss could affect scallop catch limits

May 25, 2016 — The following is an excerpt from a story published in the New Bedford Standard-Times today:

NEW BEDFORD, Mass. — Researchers on a NOAA-chartered vessel lost a $450,000 camera that was being towed underwater Friday when a cable apparently snagged on a sunken ship near Delaware Bay, delaying vital scallop surveys and frustrating representatives of scallopers in the northeastern U.S.

Government surveys affect future catch limits for scallops, which is the highest-value species, by far, in New Bedford’s $330 million fishing industry.

Teri Frady, spokesperson for the National Oceanic and Atmospheric Administration (NOAA), said the Hugh R. Sharp research vessel was conducting scallop surveys about 75 miles southeast of Delaware Bay, which separates New Jersey from Delaware, when underwater equipment known as a HabCam “separated from the tow cable and the vessel” in about 80 meters of water.

“The surveying was occurring around a known wreck, that of the Bow Mariner, and it appears likely the tow cable snagged on it,” a NOAA statement said.

Frady said efforts to find the HabCam — short for “habitat camera” — will begin Wednesday, with NOAA crews using an underwater rover to search near the shipwreck.

She said NOAA expects to complete most of its planned scallop survey despite the costly mishap, by relying on dredge surveys — which scoop up portions of the sea floor — and resuming photo surveys after the lost HabCam is found and repaired, or replaced.

Frady said the lost HabCam is insured, and its $450,000 value would be roughly the cost of building a replacement.

The Washington, D.C.-based Fisheries Survival Fund, which represents more than 250 scallop vessels in the northeastern fishery, said the incident has broad implications.

“The loss of a key piece of scallop survey equipment demonstrates the need for an overhaul of how the federal government assesses the species,” said a Survival Fund statement released Tuesday.

Survival Fund attorney Drew Minkiewicz said he was “frustrated, to say the least,” by the HabCam’s loss.

“It’s an accident that shouldn’t have happened — the wreck is well-known and its location is well known, so the captain shouldn’t have been towing in that area,” Minkiewicz said. “It’s going to take them over a week, of the very limited time on the research vessel Sharp, to get back on the survey. …We’re going to lose data.”

Read the full story at the New Bedford Standard-Times

Cape scallop fishermen cash in on grounds closer to home

May 23, 2016 — HARWICH PORT, Mass. — The scalloping was pretty poor north of Provincetown last month for the crew of Aidan’s Pride; they towed their dredge for hours just to get a hundred pounds.

So the Wellfleet scallop vessel, owned by Aidan Lapierre and captained by Sean Gray, was heading south to Maryland about three weeks ago, hoping for a more bountiful harvest, when it broke an outrigger in rough water transiting the Cape Cod Canal.

It turned out to be a fortunate break, as the delay lasted just long enough that they were still around when the National Oceanic and Atmospheric Administration’s fisheries office in Gloucester approved a plan May 3 to open a scallop-rich spot around 70 miles southeast of Saquatucket Harbor where Aidan’s Pride was tied up Thursday.

Catches in near-shore areas petered out over the past few years for members of what is known as the general category scallop fleet, smaller vessels around 40 feet in length that are only allowed to land 600 pounds of scallop meats a day. They were not able to harvest their allotted quota and petitioned NOAA and the New England Fishery Management Council to open a portion of the so-called Nantucket Lightship closed area exclusively to them because their vessels are not suited to the long trip to prime scalloping grounds on Georges Bank. In addition, the profits from the relatively small amount of scallops they were allowed to catch would quickly be eaten up by fuel costs.

Their only alternative: head south to the Mid-Atlantic.

But a window of opportunity opened after scientific surveys of the Nantucket Lightship area showed there weren’t enough mature scallops available to open it this year. Members of what is known as the limited access fleet — vessels 80 to more than 100 feet long which harvest as much as 17,000 pounds a day and are responsible for 95 percent of the scallop catch — wanted it kept closed to everyone.

“We chose not to go in there because the science said it wasn’t ready,” said Drew Minkiewicz, an attorney representing the Fisheries Survival Fund, which has many of the limited access fleet as members.

“We wanted the scallops to be larger, to get the maximum yield,” he said.

Since 2001, scallops have been managed under a rotational scheme much like letting a field lie fallow. Sampling is done to determine whether an area has enough large scallops to be opened to fishing. Areas with a lot of seed or immature scallops remain closed until they grow large enough for harvest.

It’s an approach that works but allowing someone into an area before it’s ready violates that management principle, Minkiewicz said. Scallopers faced with only being able to land 600 pounds would likely sort through the catch, discarding smaller animals in favor of the large ones that fetched higher prices, he said.

“They’re human,” he said. “We don’t blame them for it, but they will kill a lot more scallops than 300,000 pounds.”

Kevin Stokesbury, principal investigator at University of Massachusetts Dartmouth’s sea scallop research program, is also opposed to letting general category boats into the Lightship area, saying the dredge would likely kill a lot of small scallops. Surveys and studies by UMass Dartmouth’s School of Marine Science and Technology showed a small amount of growth actually doubled the amount of meat available. He agreed with Minkiewicz’s argument that killing off large numbers of young scallops, even if limited by a relatively small quota, could significantly affect future harvests in the area.

“While 300,000 pounds of harvest is not a lot compared to the biomass there, how many small scallops will you have to sort through to get to the few large ones?” he said.

Read the full story at the Cape Cod Times

Feds expected to weigh remapping of regional fishing areas

April 29, 2016 — Federal consideration of a remapping of off-limits fishing areas is expected to cross a hurdle in the next couple of months, according to a fishing advocacy group.

Bob Vanasse, executive director of the group Saving Seafood, said the National Marine Fisheries Service will likely begin a process of formally considering the plan in May or June. He said the plan was advanced last year by the New England Fisheries Management Council.

The move would increase from about 40,000 to 42,000 the amount of square miles in the Georges Bank area that would be off-limits to fishing gear boats use on the seafloor, according to Drew Minkiewicz, an attorney who represents clients in the Atlantic scallop fleet.

Vanasse and Minkiewicz told the News Service the adjustments stemmed from 10 years of deliberations and more than 100 meetings where compromise was reached between different fisheries and other groups.

In addition to scallop boats, Georges Bank is fished by the groundfishing fleet, which uses trawlers to catch cod, flounder and other species.

The plan would also do away with restrictions on large areas that cycle between being open to trawling and closed, known as mortality closures, according to Vanasse.

Read the full story in the Cape Ann Beacon