Saving Seafood

Jones Act changes would ‘jeopardise countless US jobs’ in offshore wind

December 3, 2019 — US fisheries advocacy body the Fisheries Survival Fund (FSF) has claimed proposed changes to the Jones Act – requiring that cargo, including wind turbines, shipped between US ports be transported on American-flagged vessels – could cost ‘countless of job opportunities’ to local companies in the rapidly emerging Northeast Atlantic offshore wind sector.

Writing to US Customs and Border Protection (CBP) to voice it opposition to the “new interpretations” of the law – which would flex the legislation to allow offshore wind developers to shuttle components to a project site on non-US-owned vessels, FSF said such a move would “allow foreign developers to use foreign vessels for the rapid build-out of offshore wind farms [and would] jeopardise” the economic development potential to local contractors.

“These proposed modifications would place foreign-owned offshore wind energy companies at a unique advantage not afforded to the thousands of US-owned maritime industries, including commercial fisheries,” said FSF counsel David Frulla.

“FSF is not submitting this letter to oppose offshore wind energy development in its entirety. If there is a need for some form of modification to these requirements, those modifications should be narrowly tailored to meet those needs … and they should consider the impacts on our domestic maritime industries and coastal communities in so doing.”

Read the full story at Recharge News

Fisheries Survival Fund warns changes to Jones Act interpretation give foreign offshore wind companies advantage over U.S. maritime industries

December 2, 2019 (Saving Seafood) — WASHINGTON — The Fisheries Survival Fund (FSF) submitted a letter to the U.S. Customs and Border Protection (CBP) late last month warning against a proposed new interpretation of the Jones Act that would allow foreign wind energy developers to use foreign vessels for the rapid build-out of offshore wind farms. For nearly a century, commercial fishermen have been required to use domestic manufacturing for construction of their scallop vessels due to Jones Act requirements, FSF wrote.

FSF, which represents the vast majority of full-time Limited Access permit holders in the Atlantic scallop fishery, wrote that the proposed modifications “would place foreign-owned offshore wind energy companies at a unique advantage not afforded to the thousands of U.S.-owned maritime industries” and “would jeopardize the countless job opportunities for domestic laborers who would otherwise benefit from the build-out of offshore wind facilities.”

In its letter, FSF emphasized that is has been actively engaged in the public input process for the planning and development of offshore wind leases, and has worked with both government agencies and offshore wind developers to better understand and reduce the potential impacts of offshore wind development.

The Responsible Offshore Development Alliance (RODA) also wrote to CBP expressing “serious concern” over the proposed modifications.

Read FSF’s full letter here

Why It’s So Hard to Build Offshore Wind Power in the U.S.

October 1, 2019 — For years, the mighty wind blowing off the Massachusetts coast has beckoned developers with visions of clean, emission-free electricity. The latest to be seduced, Vineyard Wind LLC, aims to install 84 Statute of Liberty-size turbines about 15 miles off the state’s shoreline, which would together generate enough electricity to power 400,000 homes as soon as 2022.

The project hit a snag in August, when the U.S. Department of the Interior ordered additional analysis of how the wind farm—and potentially 14 others that have been granted leases across almost 1.7 million acres of Atlantic waters—would affect the $1.4 billion fishing industry along the Eastern seaboard. U.S. regulators had sought to fast-track Vineyard Wind and could still sign off on the project by their self-imposed deadline in March, but the additional review is a blow to the companies behind Vineyard Wind, Avangrid Inc. and Copenhagen Infrastructure Partners, which had hoped to begin construction this year.

Analysts predict the U.S. will swiftly catch up with foreign competitors. According to BloombergNEF, even with additional Vineyard Wind scrutiny, the U.S. is on track to become fourth in offshore wind capacity by 2030. The rapid buildout is beyond what anyone expected when Cape Wind was struggling earlier this decade. “There is a gold rush mentality in this right now,” says Drew Minkiewicz, an attorney with the Fisheries Survival Fund, which has battled Equinor’s Empire Wind project. “We’re not saying no. We’re just saying, can we please be wise and realistic in what we are going to develop?”

The Interior Department’s additional environmental scrutiny is critical, Minkiewicz says. Had the government approved Vineyard Wind without deeper analysis of fishing impacts, its opponents would have won an easy victory against it in court. “I get that it’s a renewable energy project, and I get that people are excited about it,” he says, “but would you allow a nuclear reactor or a coal plant to write its own environmental impact statement?”

Read the full story at Bloomberg

Fisheries Survival Fund Supports Department of Interior Commitment to Scientific Review of Wind Farm Projects

August 16, 2019 — The following was released by the Fisheries Survival Fund:

The Fisheries Survival Fund (FSF) supports recent efforts by the Department of the Interior to ensure that planned offshore wind developments receive a thorough environmental review, as required by law. We appreciate that President Trump and his Administration, and specifically Secretary of the Interior David Bernhardt, have chosen to require that major offshore renewable energy development is based on sound science and takes the needs and interests of existing, historic coastal communities into account. Recognizing that major offshore wind development projects — especially when so many are being planned all at once— fundamentally alter the ocean environment is sound policy and the right thing to do.

FSF has consistently stated that any offshore wind development needs to properly consider how new development affects exiting ocean users. This includes scallopers and all other fishermen, who rely on key fishing grounds that will be disrupted by new wind farms, as well as other ocean users who rely on these areas for transit.

Any prospective wind farm needs to properly account for the environmental impacts it would have on marine life and marine habitats, and the economic impacts it would have on fishermen and others relying on the areas. Only then can the benefits of any project be accurately assessed against the costs, and possible damages successfully mitigated.

Recent steps by the Department of the Interior closely follow our advice. In requiring a proper environmental review of existing wind farm proposals, the Department is holding the wind power industry to the same standards the fishing industry is whenever it implements a fishery management plan. To be clear, the Department is not imposing new or unique burdens. Rather, it is assuring that existing standards are met and proper procedures are followed. We are a nation governed by laws that apply to all, including renewable energy projects.

FSF still believes that it is possible for wind power and fisheries to coexist. But this coexistence can’t happen without an honest and complete understanding of how this new industry will change our environment. We thank Secretary Bernhardt for his active engagement and thoughtful deliberation on this issue.

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.

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.

“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.’”

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.

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