Saving Seafood

NOAA: Another US government shutdown could reduce next Atlantic scallop harvest

February 4, 2019 — Should the US government slide into another partial shutdown on Feb. 15, it’s likely that the harvesters of Atlantic scallops off the coast of New England could be looking at smaller landings, warns an article published in Forbes Magazine.

Michael Pentony, the National Oceanic and Atmospheric Administration’s administrator for the greater Atlantic region, warned last week that his group was already backed up as a result of the shutdown that was at least temporarily halted after 35 days on Jan. 25 when he briefed the New England Fishery Management Council (NEFMC) at its New Hampshire meeting, as reported by Undercurrent News.

But should president Donald Trump and Democratic party leaders not reach an agreement over his demands for a wall on the Mexican border in 11 days, the shutdown would resume and NOAA’s National Marine Fisheries Services (NMFS) probably wouldn’t be able to make the deadline necessary to implement regulations necessary to increase scallop harvest before the season kicks off on April 1, Forbes warned. That means the earlier default quota would have to be used.

Drew Minkiewicz, an attorney for the Fisheries Survival Fund, is quoted as suggesting treating Feb. 15 as if another shutdown was going to happen.

“Get everything that you can get done now,” he said. “Hopefully it’s not going to be a shutdown. But I think it’s foolish to assume it won’t be a shutdown again. We don’t know. Nobody knows.”

But Minkiewicz also was concerned about the next season.

“During the whole 35 days that we’ve been shut down, the government was supposed to be moving (next season’s) package forward. Is that 35-day delay going to not allow us to have that in place for April 1? I don’t know the answer to that yet,” he said.

Read the full story at Undercurrent News

‘We need to fish’ New Bedford fishermen tell toll of shutdown

January 28, 2019 — Many things fell into place Friday that led to the government reopening, including the words of a New Bedford scalloper in the nation’s capital.

Capt. Jack Morris, director of operations for FV Holdings LLC, spoke on a panel conducted by the U.S. Chamber of Commerce as the shutdown prevented one of his vessels from fishing.

“We’re bleeding,” Morris said. “We need to go fishing.”

Hours later, President Donald Trump announced a deal had been struck to reopen the government through Feb. 15.

The shutdown didn’t allow Morris to transfer a license from an out-of-service vessel to a new one.

“It’s a simple application that’s done all the time, and it’s sitting on the desk of the permit office in Gloucester,” Morris said. “There’s nobody at that desk. It’s empty.”

Read the full story at the New Bedford Standard-Times

Saving Seafood Mourns the Passing of Danny Cohen, Founder and CEO of Atlantic Capes

November 21, 2018 — With sadness, Saving Seafood reports the passing of Daniel M. Cohen, founder and CEO of Atlantic Capes Fisheries, Inc. Danny was a longtime supporter of Saving Seafood, our National Coalition for Fishing Communities, and our member organizations, including the Fisheries Survival Fund and the Garden State Seafood Association.

Danny was featured in a 1997 New York Times profile, “Not on Board, but at the Helm,” and in 2014 testified before the U.S. Senate on the effects of climate change on wildlife and agriculture (he appears in this C-SPAN video beginning at approximately 1:19:30).

His obituary follows:

Daniel Myer Cohen, a pillar of the East Coast commercial fishing industry, and an eloquent spokesperson for commercial fisherman throughout America, died on November 20, 2018 in Cape May, NJ, at the age of 63, after a protracted and heroic struggle with cancer.

“Danny,” as he was known, took over the small fishing-dock and several fishing boats left to him by his father, Joseph Cohen, in 1976 and built it into Atlantic Capes Fisheries, Inc., an industry leading vertically integrated seafood enterprise.  ACF’s fleet of scallop, clam and other fishing vessels working out of company owned and managed facilities in Ocean City Maryland, Cape May and Point Pleasant New Jersey and additional ports in New England, supply seafood to company owned processing plants in Rhode Island and Massachusetts.

Early in his professional life and in his emerging role as a public advocate, Danny recognized that ensuring a sustainable wild harvest industry depended upon responsible environmental and resource stewardship.  Among other activities in the field of fisheries science, policy and management, Danny appeared before Congress and served as Chairman of the National Fisheries Institute (NFI) Scientific Monitoring Committee and on the NFI Clam Committee, both of which work to sustainably manage the major shellfisheries of the mid-Atlantic region.

Illustrating the advancing impact of applied research to the seafood aquaculture, in the 1990s Danny began working with Rutgers University and founded Cape May Salt Oyster Company, re-vitalizing the Delaware Bay oyster industry by growing disease resistant shellfish whose triploid oysters, championed early on by the slow food movement, can be found on the menus of some the nation’s finest restaurants.   Tetraploid technology which is also being applied to scallop aquaculture is revolutionizing shellfish production across the globe.

Well over a decade ago Danny also recognized the impact offshore wind development would pose to the commercial fisheries. In an effort to protect the fishing industry while harnessing its maritime expertise, Danny galvanized the industry by founding Fishermen’s Energy of New Jersey, LLC which was poised to build the first offshore wind farm in the United States.  Unfortunately, New Jersey’s political climate stymied a decade of progress.  Nonetheless, in 2009, the New Jersey Board of Public Utilities named Danny New Jersey’s “Clean Energy Advocate of the Year.”

Whether in aquaculture, wild harvest, processing and marketing, offshore wind development or a host of other projects spanning the globe, Danny Cohen has been a leading light for over 4 decades.

Daniel “Danny” Myer Cohen was born on March 3, 1955 in Vineland, New Jersey. He was the third and youngest child of Joseph Cohen, a trucking and commercial boat operator born in the Alliance Colony and his beloved mother, Doris Cohen nee Maier, a refugee from Nazi Germany.  Danny expressed his love of Judaism through an interest in Musar, a Jewish ethical, educational, and cultural movement whose name encapsulates Danny’s philosophy of life: Musar can be translated “as upright conduct.”

Danny is survived by his daughter Dorit with ex-wife Mindy Silver, his sister Maxi, brother Barry and sister-in-law Ronnie; his nephew, niece and cousins; companion Sharon and by the many friends he has made in the seafood industry; the captains and crew that are the company’s lifeblood  and by the nearly  500 member ACF family that Danny helped to build and nurture. The family also extends its gratitude to the home health aides from Synergy HomeCare as well as the hospice nurses and staff from Holy Redeemer Hospice.

A funeral will be held Sunday November 25th at 10:30 am at Shirat HaYam located 700 N. Swarthmore Avenue in Ventnor NJ. Shiva will be held at the home of Barry and Ronnie Cohen in Linwood NJ. In lieu of flowers, charitable contributions in Danny’s memory can be made to the Sarcoma Foundation of America to help fund research into Sarcoma cancers. Arrangements are made by Roth-Goldsteins’ Memorial Chapel.

 

Court upholds BOEM lease for New York offshore wind energy

October 3, 2018 — Seafood industry groups were dealt a setback Sept. 30 when a federal court judge in Washington, D.C., refused to grant a ruling in their challenge of a federal lease for an 80,000-acre offshore wind energy project near New York.

The Fisheries Survival Fund and its allies sought a summary judgement from U.S. District Court Judge Tanya Chutkan in Washington, D.C., to overturn the federal Bureau of Offshore Energy Management’s grant of a $42.5 million lease to Norway-based Equinor, formerly Statoil, for its Empire Wind project. 

Fishermen argued BOEM ignored potential impacts on the environment and fishing. On Sunday the judge ruled that challenge to the initial December 2016 leasing was premature, as the agency has yet to review a construction and operations plan from the company.

But other court precedents have held that offshore leaseholders “gain more rights as development proceeds, and as more time and money are invested in a project,” the Fisheries Survival Fund said in a prepared statement. “That means that the further development proceeds, the more difficult it becomes for plaintiffs to overturn a leasing decision.”

The decision comes as wind energy companies are vying to lock in agreements with state governments in New York and New Jersey – and get priority for ratepayer subsidies that will help develop a U.S. industry.

The judge has found the fishing industry and affected communities; including scallop fishing ports like New Bedford, Mass., have standing to contest the wind farm proposal. The challengers say the “unsolicited bid procedure allowed BOEM to decide, behind closed doors, what area of the ocean was to be leased.”

Read the full story at WorkBoat

Fisheries Survival Fund Expresses Concern Over Recent Ruling in NY Wind Farm Case

October 1, 2018 — WASHINGTON — The following was released by the Fisheries Survival Fund:

Late yesterday, the U.S. District Court for the District of Columbia denied a ruling for summary judgment in the ongoing lawsuit against the leased wind farm area in the New York Bight. While the Fisheries Survival Fund (FSF) is pleased that the court found that the fishing industry and affected port communities have standing to bring claims in the case, we are concerned with other aspects of the ruling.

Specifically, we are troubled by the court’s finding that our claims under the National Environmental Policy Act (NEPA) are not ‘ripe.’  The court held that, because the Bureau of Ocean Energy Management (BOEM) retains some authority to preclude surface disturbing activities in the period between issuing a lease and the approval of a construction and operations plan, the lease itself does not constitute the irretrievable transfer of resources required under NEPA. The court found that the “lease sale does not represent the final word on anything, nor does it commit any resources, even putting aside the question of whether it does so irretrievably.”

This suggests that the court views the lease as something akin to a ‘ticket’ to proceed, rather than a guarantee of any rights.  Just as a concertgoer’s ticket can be revoked by a venue for inappropriate behavior, the court seems to contend that the leaseholder’s ‘ticket’ for at-sea development can be revoked by BOEM at any time. But in fact, judicial precedent interpreting the Outer Continental Shelf Lands Act (OCSLA) has held that the leaseholder gains more rights as development proceeds, and as more time and money are invested in a project.  This means that, the further development proceeds, the more difficult it becomes for plaintiffs to overturn a leasing decision.

We are concerned that the court’s view of the case as premature at the leasing stage, combined with case law finding a leasing challenge too late at the construction and operation plan phase, leaves plaintiffs with no opportunity to challenge this siting decision.

We are encouraged the court never contested our view that the unsolicited bid procedure allowed BOEM to decide, behind closed doors, what area of the ocean was to be leased. But we are troubled by the court’s ruling that our OCSLA claims are barred because we did not comply with the provision requiring 60 days notice of an intended filing. We were not able to provide 60 days’ notice, because BOEM scheduled the lease sale only 45 days after publication of the Final Sale Notice.

The court held that we were not excused from compliance with the 60-day notice period because the statute does not require BOEM to schedule its lease sales with sufficient time to accommodate potential claimants. If the court’s position is upheld, BOEM apparently would have the ability to lease any portion of the ocean unchallenged, and would deny any harmed parties their right to challenge a proposed lease sale under the OCSLA.  We believe given these circumstances that we should have been granted an exemption from this requirement.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery.  FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to North Carolina.  FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully-rebuilt fishery.  FSF also works with the federal government to ensure that the fishery is responsibly managed.

Trump rescinds Obama-era ocean policy

June 22, 2018 — In another strike at his predecessor’s legacy, and one that could have long-term consequences for New England, President Trump this week rescinded an executive order by President Obama that established the first national ocean policy, which made protecting coastal waters and the Great Lakes a priority.

Trump said his executive order would cut bureaucracy and benefit business, while environmental advocates denounced his decision, saying it strongly favors commercial interests over conservation.

Trump’s order could alter New England’s plans to protect the Gulf of Maine and other waters in the region. It replaces the National Ocean Council, which brought together a host of federal departments and committees that work on ocean issues, with a new “streamlined” committee that will focus on science and technology and resource management.

It will also eliminate nine regional planning bodies around the country, which the White House called “unnecessary.”

“Claims that the ocean is being abandoned are not supported by the facts,” said Drew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C., which represents the scallops industry.

He supported the elimination of the regional planning bodies, which he argued had failed in its mission to bring together competing interests, such as offshore wind-farm developers and fishermen, who have been at odds over plans to build turbines off Martha’s Vineyard.

Eliminating the groups “will not lead to less coordination amongst the federal government because they were not doing their stated job,” he said.

Officials at the National Ocean Industries Association, which represents offshore drilling and wind companies, praised Trump’s order, saying Obama’s policies were “uber-bureaucratic” and “caused consternation, uncertainty, and concern for the offshore energy industry.”

Read the full story at the Boston Globe

New York: How fishermen could thwart Cuomo’s offshore wind master plan

April 16, 2018 — Earlier this month, hundreds of developers, many from the well-developed wind energy industry in Europe, attended the United States’ largest technical wind power conference, which was held in Princeton, New Jersey. Dozens of public officials, including Zinke, New Jersey Gov. Phil Murphy and NYSERDA President and CEO Alicia Barton, expounded on how to best seize the offshore opportunities.

Under Cuomo, New York has played a leading role in selecting the offshore areas for wind development, overseeing 20 research studies, working closely with BOEM and conducting “unprecedented outreach” to stakeholders, Doreen Harris, NYSERDA’s director of large-scale renewables, told City & State. “Obviously, this becomes a federal process at this point,” Harris said. “But we believe New York’s work provides the solid foundation for areas that are the most favorable.”

Indeed, after NYSERDA requested that BOEM open vast tracts of seafloor for leasing, Zinke told attendees at the April wind power conference that BOEM was opening an additional 2,711 square miles for potential wind farm development, more than 20 times larger than the Empire Wind lease area in the New York Bight, a broad expanse of ocean south of Long Island and east of New Jersey. It seemed to be everything NYSERDA asked for and more. The decision opens the possibility of rows and rows of wind turbines the height of skyscrapers plotted out in an area twice the size of Long Island.

There’s just one scallop-sized problem standing in the way.

The combined 2,836 square miles where BOEM is either leasing or seeking information and nominations for commercial wind leases is worth hundreds of millions – if not billions – of dollars in revenue to the scallop industry over the life of a 25-year wind lease, the scallopers’ lawyers say. The impact on the scallop fisheries would be far worse than they first feared, if those areas are developed.

“It puts an exclamation mark on all our concerns,” said David Frulla, the lead lawyer on the scallopers’ lawsuit. “We’re not trying to stop offshore wind. It is just that this is right at the heart of where the fishing is.”

The Fisheries Survival Fund, an advocacy group that represents the scallopers’ interests in their lawsuit against BOEM, is arguing that the federal offshore wind leasing procedure gave away some of the most productive scallop beds in the world and failed to evaluate alternative options appropriately.

In particular, they are rebelling against the Empire Wind project. The envisioned 194 towers whirling above the waves would make it impossible to safely fish there, they say.

Read the full story at City & State New York   

 

Massachusetts: SMAST meeting brings fishing, offshore wind in same room

February 13, 2018 — NEW BEDFORD, Mass. — Offshore wind developers spent the majority of a 3-hour meeting Monday attempting to win over the local commercial fishing industry.

For much of the meeting, the fishermen in attendance rolled their eyes, scoffed at various PowerPoint slides and even went as far as to say offshore wind is unwanted.

“Nobody wanted this,” one fisherman out of Point Judith said. “Nobody wanted the problems. We were assured there would be none. And here we are.”

Twenty members of the Fisheries Working Group on Offshore Wind Energy sat around a table at SMAST East hoping to solve various issues between the two ocean-based industries.

The meeting, which featured representatives from Deepwater Wind, Vineyard Wind, and Bay State Wind and the Bureau of Ocean Energy Management, was called to discuss a plan for an independent offshore wind and fisheries science advisory panel.

“It’s not too late,” said David Pierce of the Massachusetts Division of Marine Fisheries. “As much as we’re working on, now, can be offered up to BOEM and to the different companies specific to the search of projects and specific search of scientific endeavors. We need the research. And we need research to help us address the questions that are being asked by the industry as well as ourselves.”

The science advisory panel would act independently to identify fishery-related scientific and technical gaps related to the future development of offshore wind projects. The panel could also identify offshore wind’s effects on the fishery within Massachusetts and Rhode Island.

The panel’s members have yet to be comprised. Debate regarding who should be on the panel began Monday. Everyone agreed experts from all backgrounds should have a seat at the table.

Read the full story at the New Bedford Standard-Times

 

Scallop Group Praises NMFS Decisions on Openings, But Still Wants Georges Bank Area as Well

January 18, 2018 — SEAFOOD NEWS — In a step towards balancing sustainable scallop fishing and environment protection, the National Marine Fisheries Service (NMFS) has approved the majority of Omnibus Fish Habitat Amendment 2 (OHA2).

The New England Fishery Management Council initiated OHA2 in 2004, and it was implemented in 2017 to update essential fish habitat designations, as well as designate new Habitat Areas of Particular Concern for Atlantic salmon and Atlantic cod. Now the council has received approval for habitat closures in the Great South Channel and western Georges Bank. According to a press release from the Fisheries Survival Fund, a group established to ensure the long-term sustainability of the Atlantic sea scallop fishery, the closures will “provide critical protections for species like Georges Bank cod, and will provide dramatically more protection for critical habitat than the nearly 20-year closures that they replace.”

The Fund is praising NMFS’ decision, saying that it creates “new opportunities for the successful scallop rotational management system.” However, they also have some concerns.

While NMFS approved habitat closures in the Great South Channel and western Georges Bank, they rejected habitat management in eastern Georges Bank. The Fund says that the area contains “some of the most historically rich scallop fishing areas in the world.”

“According to its decision memo, NMFS appears to have been seeking more information on how habitat-friendly rotational scallop fishing can be implemented to benefit both fishermen and habitat,” the Fund wrote in a press release. “In the meantime, the outmoded 20-year-old closures remain in place, despite zero evidence that these closures have done anything to promote groundfish productivity. In fact, the evidence suggests they have stymied economic growth and prevented optimization of scallop management.”

The Fisheries Survival Fund says that they hope NMFS is “willing to work on refining a solution to restore Northern Edge access.”

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

Fisheries Survival Fund: Approval of OHA2 ‘Significant Step Forward’

January 17, 2018 — WASHINGTON — The following was released by the Fisheries Survival Fund:

The National Marine Fisheries Service’s (NMFS) decision to accept the majority of Omnibus Fish Habitat Amendment 2 (OHA2) is a significant step forward in balancing sustainable scallop fishing and environmental protection.

NMFS approved the New England Fishery Management Council’s well-documented recommendations for habitat closures in the Great South Channel and western Georges Bank. These closures will provide critical protections for species like Georges Bank cod, and will provide dramatically more protection for critical habitat than the nearly 20-year closures that they replace.

OHA2’s rebalancing of habitat management both allows for greater habitat protection and restores access to historically productive scallop grounds. It creates new opportunities for the successful scallop rotational management system, which has made the scallop fishery one of the most successful and sustainable fisheries over the last 20 years. Allowing new access to abundant areas such as these has also proven to be the best way to limit adverse environmental impacts from scallop fishing.

NMFS estimates these measures could contribute well over $100 million in scallop landings in the short-term for coastal fishing communities – news that FSF welcomes.

But the Council’s work is not done. NMFS rejected innovations in habitat management in the eastern portion of Georges Bank that would have allowed access to a portion of what is known as the “Northern Edge,” an area that contains some of the most historically rich scallop fishing areas in the world. Several generations of scallops have been born, lived, and died of old age since the last time fishing was permitted there.

According to its decision memo, NMFS appears to have been seeking more information on how habitat-friendly rotational scallop fishing can be implemented to benefit both fishermen and habitat. In the meantime, the outmoded 20-year-old closures remain in place, despite zero evidence that these closures have done anything to promote groundfish productivity. In fact, the evidence suggests they have stymied economic growth and prevented optimization of scallop management.

We are disappointed in the decision regarding eastern Georges Bank, but are hopeful we can take NMFS at its word that it is willing to work on refining a solution to restore Northern Edge access.