Saving Seafood

Lost NOAA Camera Proves Federal Scallop Surveys Should Not Rely on Just One Vessel or Piece of Equipment

May 24, 2016 — The following was released by the Fisheries Survival Fund:

WASHINGTON — The loss of a key piece of scallop survey equipment demonstrates the need for an overhaul of how the federal government assesses the species. The Fisheries Survival Fund (FSF), which represents the majority of the limited access scallop fleet, calls for reforms to how scallop surveys are conducted to prevent such an incident from derailing surveys in the future.

For the past several years, the New England Fisheries Science Center (NEFSC) has chartered the Research Vessel (R/V) Hugh R. Sharp to conduct the Federal scallop survey. NEFSC employees work with the crew of the vessel to conduct dredge surveys and tow the HabCam IV habitat camera to take photos of the ocean bottom. Because the R/V Hugh R. Sharp is part of a university consortium, it must be chartered at significant expense and is only available for a limited number of days.

Last Thursday, May 19, 2016, while on the current scallop survey, the NEFSC crew lost the HabCam when it separated from the vessel. According to initial reports, it was inadvertently driven into the side of a known and charted shipwreck while being operated by a volunteer, losing at least a week of valuable sea time. Several knowledgeable sources have suggested that there could be as much as $100,000 in damage. Accordingly, the researchers must return to port to acquire a remote operated vehicle, which they will use to attempt to find the lost HabCam.

FSF has argued for years that the R/V Hugh R. Sharp is too expensive, and the federal survey should not rely on just one vessel or piece of equipment. FSF has urged the NEFSC to charter commercial fishing vessels at a fraction of the cost of the R/V Hugh R. Sharp. It would thus be able to survey more locations at the same cost, and no longer be reliant on one vessel and one piece of equipment.

The HabCam is an expensive piece of equipment. If the researchers do not find the HabCam, the cost of replacement and an incomplete Federal scallop survey will significantly impact the scallop fishery. Even if the researchers do find the HabCam, valuable days at sea will be wasted, leading to a reduction in the amount of seabed that the survey will be able to sample. This is likely to produce less accurate assessments of the scallop population.

Read the release here

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

Atlantic Scallop Fishery Opposes Location of Long Island Wind Energy Area

WASHINGTON (Saving Seafood) — March 16, 2016 — Earlier today the Bureau of Ocean Energy Management, a division of the U.S. Department of the Interior, announced its finalization of the first Wind Energy Area off the coast of New York. The Wind Energy Area is located approximately 11 miles off the coast of Long Island and totals about 81,130 acres. The Fisheries Survival Fund (FSF), which represents the majority of the full-time Limited Access scallop fleet has issued the following statement opposing the decision:

In 2011, the New York Power Authority, on behalf of the Long Island-New York City Offshore Wind Collaborative, selected a 127 square mile portion of the New York Bight (shown in the figure below) and applied for a commercial wind lease there. In accordance with its “Smart from the Start” policy, the Bureau of Ocean Energy Management (“BOEM”) then issued a request to determine whether there was any competitive interest for the site. Two other companies responded affirmatively. In 2014, BOEM issued a Call for Information for the same area. Responses to the Call revealed that the proposed area is critical to a wide range of maritime activities.

Despite the abundance of uses in the area, BOEM is moving forward with an environmental review of the project. The “Smart from the Start” process allows any company to submit an unsolicited bid for an ocean area of its choosing, without consideration of existing uses. Only far later, after costly site selection and physical suitability analyses have occurred, does the agency even request information from the public. Then, that information is merely presented in environmental impact statements, with no guidelines for how much conflict is too much to proceed. This process makes the burden of showing that a wind farm is not appropriate in a given area almost impossible, and it amounts to adverse possession of ocean lands.

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Vessel Monitoring System (VMS) data showing scallop fishing activity in New York Bight. Values increase from green to yellow to red. Proposed wind area is shaded triangle left of center.

A Sea of Conflicts:
The fishing industry refers to the area in question as the “Mudhole” or “Cholera Bank.” The commercial scallop fishery alone catches several million dollars of scallops per year in the proposed wind energy area, and many more fisheries also operate there, including for squid, monkfish, summer flounder, herring, and quahog. These fish are landed in Massachusetts, Rhode Island, Connecticut New York, New Jersey, and Virginia. It also hosts recreational angling, and contains designated Essential Fish Habitat for more than 35 federally-managed fish species including Atlantic cod, yellowtail flounder, bluefin tuna, and several skate and shark species.

The Mudhole is sandwiched between the vessel traffic separation lanes for New York Harbor, which require substantial buffer zones for safety. The World Shipping Council and Port Authority of New York and New Jersey have already expressed concerns about the area’s proximity to sea lanes.

A wind energy facility in this location would also interfere with the operation of eleven high frequency radars in NY, NJ, and RI, according to comments from the National Ocean Service and Rutgers University. The radar network provides information critical to search and rescue activities, oil spill response, and beach closures due to high bacterial levels.

Finally, the Mudhole is teeming with wildlife. It is an important migratory area for numerous bird and bat species, and contains several federally-endangered species including North Atlantic right, humpback, and fin whales, Atlantic sturgeon, and several sea turtle species. A wind farm would impact all of these species.



View a PDF of the release

Scallop Industry Fights Early Access To Nantucket Lightship Area

December 22, 2015 – Last week, The Fisheries Survival Fund (FSF), represented by Kelley Drye & Warren LLP, wrote NOAA Regional Administrator John Bullard, urging him to disapprove a December 3rd vote at the New England Fishery Management Council that would allow certain vessels early entry into the Nantucket Lightship area in violation of the principles of rotational closure system that has made the scallop fishery sustainable and profitable.

The vote would allow General Category scallopers access to the Nantucket Lightship area, and disallow access by Limited Access vessels. FSF says that allowing different access for different types of vessels in the scallop fleet violates laws, regulations, and the Atlantic Scallop Fishery Management Plan. FSF also argues that the vote failed to meet public notice requirements, failed to provide analysis of effects for public comment, and, as an allocation issue, requires an amendment of the Fisheries Management Plan.

Administrator Bullard himself spoke in opposition to the vote, stating “What I’m worried about is a motion like this … [takes] a chink out ofthis rotational closure and allows one group in early. And so next year, what’s the justification for someone to come in early, and the year after, what’s the rationale? And at what point do we not have the system that created the nation’s most profitable, most productive, most sustainable fishery? At what point do we look and say ‘it really isn’t a rotational closure system anymore, it’s a system where we decide who goes where at what time.'”

View the letter as a PDF