Saving Seafood

Proposals Aim To Restore Lobsters To Long Island Sound

March 20, 2017 — A new interstate plan is being considered to try and halt the dramatic decline in lobster populations in Long Island Sound and southern New England waters, but experts warn none of these proposals may work in the face of global warming.

The draft plan by the Atlantic States Marine Fisheries Commission includes possible changes in the size of lobsters allowed to be kept, reductions in the number of lobster traps allowed in the region, and additional lobster season closures.

But a former president of the Connecticut Commercial Lobstermen’s Association, Nick Crismale of Branford, doubts the once-thriving lobster population in the Sound will ever recover. “It will never come back,” Crismale said. “The industry is basically gone; the resource is basically gone.”

Mark Alexander, head of Connecticut’s marine fisheries unit, acknowledges that bringing the lobsters back to the Sound won’t be easy in the face of ongoing climate change. “But we have to give it a shot,” he said this week.

Connecticut public hearings on the commission’s draft proposal are scheduled for March 21 in Old Lyme and March 27 in Derby.

Read the full story at the Hartford Courant

Rep. Lee Zeldin: Reinvigorating fishing means cutting needless regulations

March 6, 2017 — One of my best memories of growing up on Long Island is fishing in our local waterways with family and friends. It’s an industry, but it’s also a way of life and pastime that is part of our history, culture, and overall greatness as an island. For hundreds of years, the waters which surround us and the bounties within it are natural treasures which we can never take for granted. It is a shame that regulations are obstructing fishermen who want to responsibly harvest this great resource.

Between New York State’s maritime boundary, which ends three miles off of Montauk Point, and Rhode Island state waters, which begin three miles off of Block Island, there is a small area of federally controlled water that is considered part of the “Exclusive Economic Zone,” or EEZ. The EEZ, which extends up to 200 miles from the coast, are waters patrolled by the Coast Guard, where the United States has exclusive jurisdiction over fisheries and other natural resources. The unique geography of our region creates this small patch of EEZ between two areas of state controlled water. Striped bass fishing has been banned in the EEZ since 1990. Meanwhile, commercial and recreational fishing for dozens of species are permitted in the EEZ, further adding to the confusion of local anglers.

Because addressing this issue is one of the top priorities of Long Island fishermen, I have reintroduced my bill to reform our current laws as the Local Fishing Access Act (H.R. 1195). Last Congress, this bill passed the House with unanimous bipartisan support as H.R. 3070, the EEZ Clarification Act. The Local Fishing Access Act would reform the federal law that bans striped bass fishing in the Block Island transit zone, which are federal waters between Montauk, New York, and Block Island, Rhode Island. This bill will provide Long Island anglers with relief from confusing regulations, and allow Long Island’s fishermen to once again enjoy commercial and recreational striped bass fishing in these local waters just like they do in adjacent state controlled waters.

Read the full opinion piece at the Long Island Business News

Legal Fight in New York Offshore Wind Farm Case Continues on Merits; Request for Preliminary Injunction Denied

WASHINGTON — February 16, 2017 — The following was released by the Fisheries Survival Fund:

The U.S. District Court for the District of Columbia decided late Wednesday not to grant a preliminary injunction in the lawsuit brought by a host of fishing communities, associations and businesses—led by scallop industry trade group the Fisheries Survival Fund—against the impending leasing of the New York Wind Energy Area to Statoil Wind of Norway. The suit alleges the U.S. Bureau of Ocean Energy Management (BOEM) leasing process did not adequately consider the impact of wind power development in the waters off Long Island, New York on the region’s fishermen.

The fishing industry asked that the court temporarily halt BOEM from proceeding with the final ratification of a lease on the area, which was preliminarily awarded to Statoil, Norway’s state oil company, for $42.5 million.

“Getting a preliminary injunction granted is difficult, given the high standards that the court applies,” said Mayor Kirk Larson of Barnegat Light, N.J., one of the plaintiffs in the case. “But our case will continue, and we are confident that we will succeed on the merits.”

The ruling explained that a preliminary injunction is an extraordinary and drastic remedy, that the standard for proving irreparable harm is “particularly high” in the D.C. Circuit, and that plaintiffs must prove that their injuries are “certain, great, actual and imminent.”

However, the court remarked that it “maintains its authority to ultimately enjoin the lease in this litigation if necessary,” and noted that Statoil is aware that its proposals for the wind farm may be rejected and that it may never construct or operate such a facility.

“While the court didn’t find that the issuance of this lease would cause immediate and irreparable harm to fishermen, it remains true that the ultimate construction and operation of a wind farm will have devastating effects on our industry, the environment, and marine resources,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in Montauk, N.Y., another plaintiff in the case. “We have made it clear to the government and Statoil that fishermen will not be ignored in this debate.”

The ruling stated that the fishing industry offered numerous arguments for why the environmental analyses prepared by BOEM were defective, and in violation of the agency’s statutory and regulatory requirements, including that it failed to analyze the actual construction and operation of a wind facility and further failed to consider other potential locations for the wind facility.

The court also noted that when the draft environmental assessment was published in the Federal Register for public comment in June 2016, many members of the fishing industry submitted comments about how a wind facility in the proposed lease location would harm their fishing interests and the marine habitat in that area.

BOEM had argued that the proper time to assess environmental impacts of construction is years from now, after a Construction and Operations Plan is approved, but the court cited precedent in the D.C. circuit that suggests the proper time for the agency to consider these environmental impacts may be “at the present stage.”

The ruling also looked at the balance between the interests of each side.  The government argued that the public interest supported its wind energy leasing program, and the financial interest in the lease, while the fishing industry argued that the public interest is best served by allowing the industry to continuing commercial fishing activity. The court found that the balance did not favor either side.

“The fishing industry and the public already have a vested interest in these areas,” said Meghan Lapp, Fisheries Liaison for Seafreeze Ltd. in Point Judith, R.I., which is also a plaintiff in the case. “This will have a significant negative impact on the squid industry and the state of Rhode Island, which lands more calamari than all other East Coast states combined. BOEM can not be allowed to ignore American small businesses and the American people.”

Read the court’s decision at Saving Seafood

Attorneys for Fishing Industry in Wind Farm Lawsuit Discuss Case on New Bedford Radio

February 14, 2017 (Saving Seafood)– On Monday, attorneys representing the plaintiffs in the lawsuit against a proposed wind farm off the coast of Long Island discussed the case with WBSM New Bedford host Phil Paleologos. The attorneys, David Frulla and Andrew Minkiewicz, represent a group of fishing businesses, associations, and municipalities, led by the Fisheries Survival Fund, a scallop industry trade group.

The lawsuit alleges that the Bureau of Ocean Energy Management (BOEM) did not properly consider the impact the proposed wind far would have on area fisheries when they awarded a multi-million dollar wind energy lease to Statoil, a Norwegian oil company. The proposed wind farm would occupy some of the most important fishing grounds in the Atlantic, potentially causing serious harm to local fisheries.

Listen to the full interview here

Read more about the lawsuit here

Commercial fishing representative discusses new South Fork Wind Farm with Richard Rose on CBS New York

January 31st, 2016 — On January 25th, the Long Island Power Authority approved the South Fork Wind Farm, a new wind development off the coast of Long Island. On January 30th, Bonnie Brady, the executive director of the Long Island Commercial Fishing Association, sat down with Richard Rose on CBS New York to discuss the adverse impact the new project would have on local fish and fishermen.

Located 30 miles southeast of Montauk, New York, the South Fork Wind Farm will cost $740 million to construct the wind farm that will stretch over a 15 square mile area. In the interview Ms. Brady noted that the project would come at the expense of the many nearby fisheries, including the “most healthy stock of cod in the Northeast,” fluke, scallops, monkfish, and over 30 other different species of fish.  

Specifically, Ms. Brady cited the threat to local fish stocks from a construction process known as “pile driving,” which emits a loud sound that injures, and can kill, nearby fish and marine mammals. In addition, the process plows six feet beneath the ocean floor, dispersing sediment and killing larvae as a result of a large increase in pressure.

“Pile driving kills anything with a swim bladder within three-quarters of a mile. When you puncture a swim bladder, you don’t float, you sink,” Ms. Brady said. “If you’re at the bottom of the ocean because you’re a ground fish to begin with you’re not going to be coming up.”

Ms. Brady continued that these fishing areas would be very difficult for local fishermen to replace.

“Fishermen go to the areas where fish are, specifically based on temperature and bait. And as a result, during certain times of the year they move offshore and onshore,” Ms. Brady clarified in the interview.

Ms. Brady also took issue with the lack of consultation with the commercial fishing industry before approval of the wind farm. She explained that wind farm proponents failed to reach out to the commercial fishing industry to assess areas of economic importance or high environmental sensitivity that should be excluded from the wind farm area.

As fishing vessels often have difficulty navigating the wind turbine array, a return to the area can be problematic.

“The reality is we as fishermen depend upon the fish, not only for this generation but for generations in the future,” Brady said. “We, more than anyone else, know what goes on underneath the waterline because we are the ones who follow the fish and catch them in providing food for the nation.”

Watch the full interview at CBS New York

Warming Signs: Climate Change Means A Sea Change for Fishermen and Scientists

January 23, 2017 — Lobsters used to lurk in the waters of Long Island. But these days, New York fisherman have trouble finding any—while their peers 500 miles away in Maine are seeing bumper crops. Instead, the lobstermen of Long Island now catch more crabs and other shellfish—which, in turn, leaves crabbers further down the East Coast worried about the future of their own livelihoods.

Last week I wrote about how climate change is prompting a fish migration that will directly affect what’s served—or not served—for dinner. But these rapid marine changes won’t just affect our appetites; they also represent a sea change for the fisherman and communities that depend on the sea for jobs and income.

Fishing Regulations Struggle to Catch Up

Of course, catching new fish in your usual fishing haunt is trickier than just changing your bait. Regulations guide what you may catch and how much of it, usually state by state—and they aren’t changing as fast as the environment is. John A. Manderson, a research biologist at the NOAA (the National Oceanic and Atmospheric Administration), noted that sea creatures are moving north 10 times faster than their land-based animals.

“Our ideas of property rights and laws are purely land-based,” Manderson told The New York Times. “But the ocean is all about flux and turbulence and movement.”

To get around these increasingly obsolete laws, some fishermen are catching fish further north and then traveling to areas where it is legal to bring large quantities to shore. Such slippery adherence to regulations sparked mackerel wars in the North Sea back in 2010, and the dispute wasn’t settled for four years.

Furthermore, such an expensive round-about the law is not an option for everyone, especially those with smaller fishing operations.

Read the full story at Paste Magazine

Alternative Energy Collides With Fishermen’s Livelihood Off Long Island

December 15, 2016 — The following is excerpted from an article published in the Wall Street Journal yesterday. It was written by Joseph De Avila:

The federal government on Thursday plans to auction off a parcel of 79,000 acres in the Atlantic Ocean just south of Long Island to build a wind farm over fishing grounds that scallop and squid fishermen say are vital to their trade.

Bidders hope to secure a 25-year lease to operate a wind farm, to sell the electricity to energy-hungry Long Island and the New York City region. Offshore wind is a big part of Governor Andrew Cuomo’s plan for New York to get half of its energy from alternative sources by 2030.

But the commercial fishing industry opposes building wind turbines on this particular stretch of the Atlantic Ocean, which is sandwiched between shipping lanes into and out of the New York harbor. “We are very afraid we are going to lock up an area of the bottom that is definitely favorable for scallop settlement,” said James Gutowski, a scallop fisherman from Barnegat Light, N.J., and chairman of the Fisheries Survival Fund.

Members of the fishing industry say the Bureau of Ocean Energy Management didn’t adequately consider what the impact would have on scallop and squid fishing grounds. The Fisheries Survival Fund and other members of the fishing industry filed a lawsuit last Thursday in a Washington, D.C., federal court seeking an injunction to block the lease from going into effect.

The Bureau of Ocean Energy Management has already removed about 1,780 acres from the lease area after the National Marine Fisheries Service flagged that parcel as a sensitive habitat and a prime commercial fishing spot.

The bureau also has awarded 11 offshore wind leases so far, including sites off Massachusetts, Delaware and Virginia. The developers for each of those projects are currently conducting site assessments, according to the bureau, which declined to comment on the lawsuit. A hearing is set for February. Other plaintiffs include the Garden State Seafood Association and the Long Island Commercial Fishing Association.

Offshore-wind developer Deepwater Wind, based in Rhode Island, began operating the first offshore wind farm in the U.S. on Monday off Block Island, R.I., near the tip of Montauk. It also has a site located between Montauk and Martha’s Vineyard, Mass., that it plans to build in phases. The first phase could begin construction in 2019 and would provide enough energy for more than 50,000 homes for Long Island’s South Fork.

A 2011 plan for the strip of the Atlantic Ocean, located about 11.5 miles from Jones Beach, called for building 194 turbines that would generate enough electricity to power 245,000 homes. But today’s improved wind technology could generate even more power, according to the U.S. Bureau of Ocean Energy Management, which is managing the auction. “There is significant market demand” in the region, said Tracey Blythe Moriarty, a bureau spokeswoman.

Some 14 organizations have qualified to bid during Thursday’s auction, including the New York State Energy Research and Development Authority, or NYSERDA. The authority is the first state entity to participate in a federal offshore wind auction, according to the Bureau of Ocean Energy Management.

Read the full story at The Wall Street Journal 

Hearing Postponed; New York Wind Auction To Proceed As Planned

December 14, 2016 — The U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) has reportedly come to an agreement with fishermen groups that recently filed a lawsuit to delay the upcoming lease sale of the New York Wind Energy Area.

The Fisheries Survival Fund (FSF) was the lead plaintiff in a suit seeking a preliminary injunction to delay the lease sale for the development of an offshore wind project located approximately 11 miles off the coast of Long Island, N.Y.

The lease sale, scheduled for this Thursday, can now proceed as planned, reports the Associated Press, which says the lawsuit has been delayed so that both parties can have more time to prepare more documents. A hearing is now scheduled for Feb. 8, 2017.

Read the full story at North American Windpower

Fishermen Hit Feds With Lawsuit Over Wind Lease Sale

December 9th, 2016 — A lawsuit has been filed against the U.S. Department of the Interior (DOI) and Bureau of Ocean Energy Management (BOEM) in an effort to delay the anticipated lease sale of the New York Wind Energy Area.

The Fisheries Survival Fund (FSF), which says it represents the majority of the limited-access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay the lease sale for the development of an offshore wind project located approximately 11 miles off the coast of Long Island, N.Y. The lease sale is scheduled for Dec. 15.

The suit was filed against Sally Jewell, DOI secretary, and Abigail Hopper, BOEM director.

The filing alleges that the leasing process for BOEM did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen.

According to the FSF, the site is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serve as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder.

The group also claims it is an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned Dec. 15 lease sale – despite repeated feedback from concerned fishing stakeholders.

Read the full story at North American Wind Power

Fishermen Object to New York Wind Farm Lease Sale

December 9th, 2016 — The Fisheries Survival Fund, which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking to delay an anticipated lease sale for the development of offshore wind farms off New York.

A 26-mile long block approximately 11 miles off the coast of Long Island is scheduled for sale on December 15, 2016.

The Fund argues that the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen voiced their concerns but received “virtually no attention or analysis” from government officials. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

However, BOEM says it has given consideration to comments received on the Environmental Assessment. In response to concerns raised by commercial fishing interests, BOEM has included a lease requirement for the lessee to develop a publicly available Fisheries Communications Plan and work with a Fisheries Liaison to facilitate communication with the fishing industry.

Read the full story at the Maritime Executive