Saving Seafood

Fisheries Survival Fund: Change Wind Energy Areas to Protect Scallops

June 11, 2021 — The following was released by the Fisheries Survival Fund:

The Fisheries Survival Fund (FSF), representing the vast majority of the limited access Atlantic scallop fishery, is calling for the federal government to change its proposed lease sale boundaries for wind farms off the coast of New York to better protect the region’s fisheries from harmful development. These changes are necessary because the government’s current proposed lease sales, announced today, fail to incorporate any of the recommendations made by FSF or the city of New Bedford, the nation’s most valuable fishing port.

The sea scallop fishery is one of the most valuable in the country: in 2019, commercial landings totaled more than 60.6 million pounds, valued at approximately $570 million. In the New York Call Areas alone, there were $268 million worth of scallops landed over a five year period, from 2012-2016. Atlantic sea scallops are, in fact, the nation’s most valuable federally managed fishery.

FSF is requesting that the Bureau of Ocean Energy Management (BOEM), which is responsible for leasing areas for offshore development, incrementally change its lease plans for the New York Bight. Currently, two BOEM Wind Energy Areas (WEAs), Hudson South and Central Bight, are located in particularly sensitive areas for scallops. In their current form, these areas, including hundreds of thousands of acres of ocean, will have a serious negative impact on the fishery.

BOEM’s proposed eastern-most lease areas in Hudson South are directly adjacent to the Hudson Canyon Scallop Access Area (“Hudson Canyon SAA”). The Hudson Canyon SAA is one of the most important scallop grounds in the Northeast. From 2001-2018, over 60 million pounds of scallops, valued at well over $600 million, were harvested directly from the area. Further, a recently published paper principally authored by the lead federal scallop scientist concluded that successful management of the Hudson Canyon SAA resulted in a sevenfold increase in scallops in the nearby Elephant Trunk Scallop Access Area, and benefited scallops in the Delmarva Scallop Access Area.

Altogether, the Hudson Canyon SAA has been worth well over a billion dollars directly to the scallop fishery in the past two decades, not to mention the multiplied indirect community economic benefits of these fishery landings. The Hudson Canyon SAA’s ecological and economic benefits explain why FSF has requested that BOEM operate under the well-recognized “precautionary principle” to create a buffer between wind farms in the Hudson South and this critical scallop area.

The Central Bight is in the middle of prime, historic scallop habitat, and represents tens of millions of dollars of scallop catches over the past decade. Leasing of the Central Bight should be delayed, just as BOEM delayed, for view-shed reasons, leasing of the two Fairways lease areas in the northern New York Bight.

Read the full release here

D.C. Circuit Affirms that Offshore Wind Lease Does Not Trigger NEPA Review

June 4, 2021 — The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental Shelf Lands Act (OCSLA) when it auctioned an offshore lease to Equinor (formerly Statoil) without performing an environmental review of the anticipated windfarm project. The decision puts to rest the question of whether a mere lease sale may trigger extensive environmental review under NEPA, potentially streamlining the initial lease acquisition process, but also requiring the investment of significant funds before developers have cleared environmental review.

In Fisheries Survival Fund, et al. v. Sally Jewell, et al.,1 plaintiffs challenged BOEM’s issuance of the lease, arguing that it violated NEPA because it failed to analyze the environmental impacts of constructing and operating a wind energy facility. Leases for offshore energy projects proceed under different processes depending on whether BOEM or the developer proposes an area for lease. Either way, BOEM must consult with state task forces, other state and local representatives, and with representatives of Indian Tribes whose interests may be affected. Before issuing a lease, BOEM follows a four-step process, issuing a Call for Information and Nominations, completing the Area Identification process, publishing a Proposed Sale Notice, and publishing a Final Sale Notice.

Here, BOEM published an environmental assessment at the same time it published the Proposed Sale Notice for the wind energy lease at issue. The environmental assessment found that the reasonably foreseeable impacts of the lease sale would not significantly impact the environment. Plaintiffs argued that that more extensive environmental review was required, not just of the lease itself but of the full impacts of the anticipated wind farm, alleging that BOEM violated NEPA by failing to perform this more extensive review. BOEM maintained throughout the litigation that additional analysis and environmental review under NEPA was not required until Equinor conducted a site assessment and proposed a construction and operations plan for the wind energy facility.

Read the full story at The National Law Review

Fisheries Survival Fund Disappointed Following Ruling on New York Wind Farm Appeal

May 24, 2021 — The Fisheries Survival Fund shared its disappointment following a U.S. Court of Appeals decision involving a New York offshore wind farm lease but said it will continue to work with the Bureau of Ocean Energy Management (BOEM), other government agencies and wind farm developers to ensure they do not impact scallop grounds on the East Coast.

The court ruling said that due to BOEM not technically committing to anything at the lease stage of the offshore wind process, it is too early for the Survival Fund and the Garden State Seafood Association, the appellees listed on the case, to challenge a lease location under the National Environmental Policy Act.

Read the full story at Seafood News

FSF Statement on Appeals Court Ruling in New York Wind Farm Case

May 20, 2021 — The following was released by the Fisheries Survival Fund:

The Fisheries Survival Fund is disappointed in the decision issued today by the United States Court of Appeals for the District of Columbia. However, we will continue to work with the Bureau of Ocean Energy Management (BOEM) and all federal, state, and local government agencies, as well as wind energy farm developers, to ensure that these new uses of our coastal waters are created in such a way that they do not devastate existing uses, which in this case is one of the most important scallop grounds on the East Coast.

The court ruled that because BOEM doesn’t technically commit to anything at the lease stage, it is too early to challenge the siting of the wind farm under the National Environmental Policy Act (NEPA). The decision means that affected parties cannot challenge a lease location under NEPA until BOEM approves a Construction and Operations Plan (COP) for the wind farm. However, that is very late in the process, and changing the lease location at such a late date would be exceedingly difficult.

Since this litigation was filed, eight additional leasing areas have been proposed, all of which conflict with natural scallop habitat and historic scalloping grounds.

We will continue to work with BOEM to seek modified versions of several of the leasing areas due to their proximity to sensitive scallop areas. Under the current boundaries, historically important scallop areas will be directly next to wind turbines, and all of the negative environmental impacts they bring with them. By shifting the boundaries of some of these areas, and creating additional buffer zones between scallop areas and the turbines, BOEM can better ensure that scallop fishing will be unaffected, without diminishing the potential for wind power in the area.

NEW JERSEY: LBI Officials Find Support in Other Areas for Opposing Offshore Wind

May 14, 2021 — With the state Board of Public Utilities’ anticipated decision on granting approval for a second wind farm off the coast expected next month, Long Beach Island officials met in April with counterparts from Cape May County and state and federal legislators to discuss the negative impacts of offshore wind farms on shore communities.

“The Island, as a whole, is against it. The whole coast is against it,” said Surf City Mayor Francis Hodgson, who hosted the virtual meeting last month. “This is how I look at it: What is LBI going to gain? Nothing. What’s the liability? It might ruin our tourism industry. It might ruin the fishing industry. Why take the chance?”

In addition to Island officials, Congressman Jeff Van Drew, state Sen. Chris Connors and Republican gubernatorial candidate Jack Ciattarelli were present. Van Drew extended an invitation to the mayor of Ocean City, who sent a representative, and a businessman from Cape May County attended, Hodgson said.

“It (the opposition) has some power behind it,” Hodgson said. “We all agreed this is not the end of it. We’ve got to keep the pressure on.”

Atlantic Shores Offshore Wind is poised to build the second wind farm in the state, in part off the coast of Long Beach Island. The closest western, or in-shore, boundary of the lease site is 10 miles from Barnegat Light and 9 miles from Holgate. The lease area has the potential to generate 3 gigawatts of offshore wind energy. Atlantic Shores plans to start onshore construction of substations in 2024 and offshore construction by 2025. The project is a 50-50 partnership between Shell New Energies US LLC and EDF Renewables North America. It was formed in December 2018 to co-develop nearly 183,353 acres of leased sea area on the Outer Continental Shelf, located within the New Jersey Wind Energy Area.

As a fishing fleet owner, Larson said, “I stand behind the Garden State Seafood Association and the [Fisheries] Survival Fund and those kinds of outfits, and RODA (Responsible Offshore Development Alliance). He was referring to a coalition of fishing industry associations that are concerned about impacts to the commercial seafood industry.

Read the full story at The Sand Piper

Biden to Push Offshore Wind Projects

March 29, 2021 — The Biden administration plans to give wind-power developers access to more of the Atlantic Coast and start a slate of new environmental reviews in an attempt to jump-start the country’s offshore wind business.

White House officials said Monday they want to fast-track leasing in federal waters off the New York and New Jersey coasts, a priority for wind-power interests and state officials.

Much of the concern centers on how wind turbines might affect shipping, whale migrations and commercial fisheries.

The New York Bight is among the country’s three most prolific areas for scallops, said David Frulla, a lawyer who represents the Fisheries Survival Fund, a group including most of the country’s Atlantic Ocean scallop boats.

More turbines will make it harder for large fishing boats to navigate by disrupting the radar they depend on at night, Mr. Frulla said.

“We’re concerned that there’s such a momentum for offshore wind that the fishing industry is going to end up as collateral damage,” Mr. Frulla said.

Read the full story at The Wall Street Journal

Biden administration launches major push to expand offshore wind power

March 29, 2021 — The White House on Monday detailed an ambitious plan to expand wind farms along the East Coast and jump-start the country’s nascent offshore wind industry, saying it hoped to trigger a massive clean-energy effort in the fight against climate change.

The plan would generate 30 gigawatts of offshore wind power by the end of the decade — enough to power more than 10 million American homes and cut 78 million metric tons of carbon dioxide emissions. To accomplish that, the Biden administration said, it would speed permitting for projects off the East Coast, invest in research and development, provide low-interest loans to industry and fund changes to U.S. ports.

Fishing operators also have raised concerns about the impact of wind farms in the Atlantic Ocean, an area critical to the seafood industry.

David Frulla, a partner at the firm Kelley, Drye and Warren who represents the trade association for the Atlantic scallop fishery, said in an interview that his clients have warned federal officials for years about the risks posed by offshore wind development plans.

For example, the southeast tip of an area the administration has identified in the New York Bight called Hudson North intersects with a scallop fishing spot, he said. The eastern perimeter of a second area, Hudson South, is just at the edge of an important area for scallops, Frulla said. Altogether, the scallop catch in the New York Bight is worth tens of millions of dollars, he said.

“We were saying, ‘Don’t roll the dice,” Frulla said. “They rolled the dice.”

The group Frulla represents, the Fisheries Survival Fund, has a case pending in the U.S. Court of Appeals for the District of Columbia Circuit that challenges a decision by the Obama administration to auction offshore leases in the region without doing a lengthy environmental analysis in advance. In that instance, federal officials said they did not have to conduct a full analysis until a company has proposed a construction and operations plan.

By delaying the analysis by several years, Frulla said, the government made it almost impossible to block the project. “Essentially it’s a foregone conclusion,” he said. “There’s so much investment.”

Read the full story at The Washington Post

President Biden’s flurry of actions to protect the environment reignites a controversy about the Atlantic’s only marine monument

January 22, 2021 — Last June, as part of a concerted campaign to dismantle the environmental policies of the Obama administration, Donald Trump met with fishermen in Maine and signed a proclamation that allowed commercial fishing in nearly 5,000 square miles of federally protected waters southeast of Cape Cod.

But elections have consequences, and on Wednesday President Joe Biden signed an executive order that could overturn Trump’s decision and restore the first marine national monument in the Atlantic Ocean to its former status, part of a flurry of executive actions Biden took on his first day in office to reverse many of the Trump administration’s environmental rollbacks.

Environmental advocates called the first steps promising, a welcome change from the policies of the past four years.

In response to Biden’s order, representatives of fishing groups urged the new administration to consult them before overturning Trump’s policies.

“The hope of the fishing industry is that if the Biden administration is endeavoring to unite the country, then the Biden administration will actively reach out to fishing communities and not only discuss the marine monument with them but listen to the fishing communities’ concerns and act upon those concerns,” said Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C.

He and others urged the Biden administration to respect the traditional fishery management process, which allows for councils composed of fishermen, environmental advocates, and regulators to determine where and how much fishing can occur.

“I believe, as long as this is reviewed fairly, in terms of the science and law, there’s no reason that fishing shouldn’t be allowed there,” said Bob Vanasse, executive director of Saving Seafood, a Washington-based group that represents commercial fishermen. “It’s sustainable. But if it’s a political decision and about Obama’s legacy, then it’s going to be a problem.”

Read the full story at The Boston Globe

America’s scallop catch expected to dip somewhat in 2021

December 18, 2020 — The United States’ scallop catch is likely to decline by more than a fifth in the coming year, federal regulators have said.

The catch is predicted to come in at about 40 million pounds (18.1 million kilograms), the New England Fishery Management Council said in a statement. That’s a dip from a projected 51.6 million pounds (23.4 million kilograms) this year and 60.5 million pounds (27.4 million kilograms) in 2018.

The scallop fishery has benefited from a very large number of new scallops that began growing in 2012 and 2013, said Janice Plante, a spokesperson for the council. Those scallops are reaching the end of their lives, and that likely means fewer will eventually find their way to the docks, she said.

New Bedford, which has been the nation’s most valuable fishing port for 19 straight years, relies heavily on the scallop catch. In 2018, scallops accounted for 80 percent of the seafood landed in New Bedford.

New Bedford, which has been the nation’s most valuable fishing port for 19 straight years, relies heavily on the scallop catch. In 2018, scallops accounted for 80 percent of the seafood landed in New Bedford.

Despite the likely drop in catch, the scallop fishery remains strong, said Andrew Minkiewicz, a Washington attorney who works with fishing advocacy group Fisheries Survival Fund. The projected catch would still be more than any of the year from 2013 to 2015.

Read the full story from the Associated Press at the New Bedford Standard Times

After Trump administration moves to pull plug, Vineyard Wind looks to Biden

December 16, 2020 — Vineyard Wind’s request for “a temporary pause” in the federal review of its 800-megawatt offshore wind energy project triggered an announcement from the Department of Interior that it must restart its entire permit application process.

In a flurry of activity by the outgoing Trump administration, the head of the Interior Department’s legal staff, solicitor Daniel H. Jorjani on Tuesday issued new guidance stressing that if Interior Secretary David Bernhardt “determines that either fishing or vessel transit constitute ‘reasonable uses…of the exclusive economic zone, the high seas and the territorial sea,’ the Secretary has a duty to prevent interference with that use.”

The 16-page memo asserts the secretary of Interior should determine “what is unreasonable” interference from offshore wind turbines “based on the perspective of the fishing user.” It’s a victory for commercial fishing advocates including the Responsible Offshore Development Alliance and Fisheries Survival Fund, who went directly to Bernhardt in July with complaints their concerns are not adequately addressed by the Bureau of Ocean Energy.

The agency had been poised to issue a record of decision Jan. 15 that would allow Vineyard Wind to proceed toward construction – a timeline that now could stretch out another 18 months, unless a Biden administration very supportive of wind energy steps in.

Read the full story at National Fisherman