FSF Archives - Saving Seafood

Fishermen face uphill battle in lawsuit over New York wind site

July 1, 2019 — Fishermen and the city of New Bedford are facing an uphill battle in their fight against a New York offshore wind location after losing a lawsuit in September.

Attorney David Frulla, who represents the Fisheries Survival Fund and other plaintiffs in the case, said he was disappointed at the court decision but has not given up.

“I just don’t think the judge understood that these leases aren’t theoretical, that they actually confer rights,” he said.

The Fisheries Survival Fund is leading a dozen plaintiffs. They sued the Bureau of Ocean Energy Management in 2016, saying the agency had not done enough to seek alternatives to important fishing grounds.

United States District Judge Tanya S. Chutkan in September granted the federal government’s motion for summary judgment, meaning she believed they made their case as a matter of law, without a trial.

The plaintiffs filed a motion to amend the decision, which is still pending.

Mayor Jon Mitchell said Friday that the city shares the disappointment of the other plaintiffs but believes there are strong grounds for the judge to reconsider.

“The decisions made by federal agencies about what happens in New York waters have major implications for New Bedford fishermen, so we have no choice but to fight when we believe our interests are not being taken into account,” he said.

Read the full story at the New Bedford Standard-Times

Fisheries Survival Fund: HabCam Failure Threatens 2019 Atlantic Sea Scallop Survey

June 12, 2019 — The following was released by the Fisheries Survival Fund:

The loss, recovery, and now electrical failure of the NOAA Northeast Fisheries Science Center “HabCam”habitat mapping camera means that the all-important 2019 Northeast sea scallop survey now continues as a dredge-only survey. The federal survey will thus conclude on June 15 without crucial sampling instruments, including cameras that photograph the ocean bottom. The HabCam, towed just above the ocean floor, provides a non-invasive, extensive, optically-based survey of the Atlantic scallop resource and ocean floor. NOAA Fisheries is working to make the HabCam a centerpiece research and survey tool.

For its part, the scallop fishery is one of the nation’s most valuable and sustainable. On average, over a half billion dollars of scallops are landed each year in New England and Mid-Atlantic fishing ports. The fishery has prospered in large part due to NOAA Fisheries and scallop-industry funded cooperative research teams from universities and foundations obtaining and using real-time data and information regarding scallop growth and abundance. Federal scientists use the HabCam and a dredge survey, and the federal surveys are supplemented with cooperative dredge and optical surveys, conducted in partnership between the fishing industry and its research partners.

On June 6, the HabCam was being towed by the Research Vessel Hugh R. Sharpin the area known as the Great South Channel and hit an uncharted object in about 130 feet of water. The HabCam separated from the ship when the weak link in the tow cable broke. According to NOAA, this is “intended when tension is too great [in order to limit] damage to both the instrument and the ship’s tow winch.” Four days later, on June 10, commercial divers recovered the instrument. “The vehicle was inspected and minor repairs made, before deploying this morning. The HabCam initially operated as usual, but soon encountered power problems,” NOAA reported.

This disruption will hamper the survey, especially in the Great South Channel, which is a vital scallop harvesting area. The optical survey is particularly important due to the presence of numerous boulders in this area, which make dredge surveys difficult or impossible. This is an area with high yield to the fishery, and one dredge survey is inadequate to determine the size of the biomass in the area.

Government researchers charter the Research Vessel Hugh R. Sharpfor only a specific numbers of days each year, so any day lost has an impact. As a result of this failure, the survey will be conducted for fewer days, and we will therefore have less data to manage the scallop resource.

No matter how staunchly officials protest to the contrary, the HabCam’s loss and electrical failure willimpact our ability to manage the resource.

Sadly, this is the second time in just three years that the $450,000 HabCam has been lost and recovered while operating. On May 20, 2016, scientists aboard the Hugh R. Sharpresearch vessel were conducting scallop surveys about 75 miles southeast of Delaware Bay, between New Jersey and Delaware, when, according to NOAA, the HabCam “separated from the tow cable and the vessel” in about 80 meters of water.

Considering that this is not the first time this has happened, and bearing in mind that by the NOAA Science Center’s own declaration, the weak link is inserted intentionally to limit potential damage to the instrument, it is difficult to understand why no contingency plan is in place to address a loss situation that is both predictable, and known to arise if or when the weak link does its job.

Despite the seriousness of this equipment failure to the survey’s success, NOAA did not inform the public or the industry about this failure until it was directly and publicly asked about the status of the survey at this week’s New England Fishery Management Council meeting, a full five days after the incident occurred. The industry stands ready to partner with the NOAA Northeast Fisheries Science Center, and asks that the science center improve its dialogue and communication with the industry and the taxpaying public.

Fisheries Survival Fund Releases New Video on British Fishermen’s History with Wind Farms

February 22, 2019 — SEAFOOD NEWS — The Fisheries Survival Fund, representing the offshore scallop industry, sent two people to the UK last year to make a short film on the interactions between wind farm development and the fishing industry.

They found that initially, the UK government granted leases without even informing fishermen, who found out only when their grounds were already slated for development. Subsequently, new process have brought in the industry very early on in the license process, but many feel they are ‘listened to, but not heard’.

One of the biggest issues on one of the wind farms highlighted in the film are the sediment plumes which have changed the ecology of the local area, and driven away fish.

The Fisheries Survival Fund is particularly concerned about placement of leases in major scallop grounds, making the suggestion in the film that changes in sediment, water turbidity, and tide flows could negatively impact scallops.

The video highlights the need for fishing knowledge and input early in the process of siting and developing offshore wind farms. English fishermen explain how they were not given the opportunity to provide input into the siting of the Thanet Offshore Wind Farm, which lies seven miles off the coast of Kent, England, right in the middle of important fishing grounds.

Several leases have already been awarded for wind farms off the East Coast of the U.S., including one in an area that is prime grounds for sea scallops. Additional lease areas are also currently under consideration.

Watch the video here

This story was originally published by SeafoodNews.com, a subscription site. It is reprinted with permission.

New video shows impacts of offshore wind on U.K. fishermen, provides lessons for U.S. industry

February 21, 2019 — The following was released by the Fisheries Survival Fund:

A new video, Winds of Change, released today by the Fisheries Survival Fund (FSF), documents how the arrival of offshore wind blindsided U.K. fishermen, and how the wind farms have permanently changed their traditional fishing grounds and how they make their livelihoods.

Last year, two members of FSF traveled to the United Kingdom to learn how fishermen in Ramsgate, England and Aberdeen, Scotland have been impacted by offshore wind development. Those lessons are documented in Winds of Change.

“As offshore wind moves forward here in the U.S., it’s essential that it’s able to co-exist with the fishing communities that have depended on these waters for generations,” said Andrew Minkiewicz, an attorney for FSF. “We must learn from the experiences of European fishermen if we want to avoid the same pitfalls and make the best decisions for American fishermen and offshore wind developers.”

Winds of Change explains the impacts offshore wind can have on marine ecosystems, including altering the flow and direction of the tide, churning up sediment, and changing fish behavior or causing them to leave the area altogether. It also shows how wind farms can affect fishing operations, leaving vessels with little room to maneuver through wind turbines and interfering with navigation systems.

“One of the developers turned up one day with these agents…and said ‘we’re going to build a wind farm here,’” says John Nichols, Chairman of the Thanet Fishermen’s Association, in the video. “And they said ‘but we’re not worried about the fishermen because it’s divide and conquer, fishermen can’t stick together.’”

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 25^th 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