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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 

Commercial fishing groups sue to block wind farm auction

December 8, 2016 — Commercial fishing groups, including New England scallopers, have sued the federal government seeking to block a Long Island offshore wind-farm energy auction that is scheduled to take place next week.

The groups, including the Long Island Commercial Fishing Association, seek a preliminary injunction to block the auction for a wind-energy area around 11 miles off the coast of Jones Beach. The groups say the auction and eventual construction of the wind-farm would severely hamper fishing in the area.

The New York State Energy Research and Development Authority is among 14 parties deemed eligible to bid for the right to erect a wind farm in 81,000 acres of water off Long Island’s southern shore. NYSERDA this year took on a project begun by LIPA in 2008, and plans to bid on the area next week, officials have said. NYSERDA also recently completed a three-year study of offshore wildlife in the area.

Robert Vanasse, a spokesman for the fishing groups, said lawyers for fishermen had attempted as recently as last week to work out a compromise on the areas designated for the wind-energy area.

“It became obvious the administration had no interest in working cooperatively,” he said.

Read the full story at Newsday

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for 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 for the 127 square mile wind farm 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’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. 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.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit include: the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren.  The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

Effort to protect deep-sea coral has lobster industry on alert

November 28th, 2016 — Over 400 Maine lobstermen could lose their traditional fishing territory under a proposal to protect deep-sea corals in the Gulf of Maine.

The New England Fishery Management Council is considering a plan that would ban fishing in four designated coral zones spanning about 161 miles of federal waters in the Gulf of Maine – Mount Desert Rock, Outer Schoodic Ridge, Jordan Basin and Lindenkohl Knoll. Here, often on steep rock walls deep under water where sunlight cannot penetrate, scientists have found dense, delicate and slow-growing coral gardens of sea whips, fans and pens.

These coral habitats have become increasingly rare, suffering from centuries of damage from fishing gear. The council wants to protect these corals, which provide shelter, food and refuge to fish such as cod, silver hake and pollock, and serve as an essential habitat for larval redfish. A sister organization has already created deep-sea coral protection zones in deep mid-Atlantic waters from Long Island to Virginia.

Like most of the Gulf of Maine, the four coral zones under consideration here are home to lobsters. Two of the zones, Mount Desert Rock and Outer Schoodic Ridge, are prime fishing grounds for Maine lobstermen who fish offshore when the lobsters migrate to deeper waters, while the other two are primarily fished by southern New England lobstermen.

Read the full story at The Portland Press Herald 

Rare Great White Nursery Found Off Coast of Long Island, New York

September 1, 2016 — Jaws is back and she’s got babies.

Even though great white sharks have been on this Earth for thousands of years and have held a place in pop culture for decades, there is still little known about these apex predators. Scientists aren’t sure how these animals mate and have never witnessed a great white shark give birth, so recent news of a great white shark nursery in the Northern Atlantic is colossal.

According to Smithsonian, research group Ocearch, led by former Shark Wranglers host Chris Fischer, believes the waters off Montauk, Long Island, in New York may be a sort of baby shark daycare center, after finding and tagging 9 great white shark pups in the area in the last two weeks.

“[This is] definitely the nursery, likely the birthing site,” Fischer tells Jeff Glor of CBS This Morning. “Probably the most important significant discovery we’ve ever made on the ocean.”

Read the full story at People

New York governor sparks anger after killing threatened shark

August 29, 2016 –The New York state governor, Andrew Cuomo, and his news anchor brother Chris have been criticised by conservationists and constituents after posing beside a threatened shark they killed on a fishing trip.

The governor tweeted two photos of himself and friends standing next to the bloodied shark as it hung from a marina-side gantry.

“Today’s catch: A 154.5-lb [70kg] Thresher shark off the south shore of Long Island,” Cuomo tweeted.

All three species of thresher shark are listed as vulnerable by the International Union for the Conservation of Nature (IUCN) because of their declining populations. Fishing for them is regulated by the National Oceanic and Atmospheric Administration but it is not illegal.

Despite its legality, the UN’s patron of the oceans, Lewis Pugh, said the killing and subsequent photos were “abhorrent” and worked against those trying to conserve dwindling shark numbers.

“The environment is the primary issue on the global agenda, so it is extraordinary that a senior politician could be so ignorant about it,” he said.

Read the full story at The Guardian

REP. LEE ZELDIN: To Protect the Antiquities Act, Don’t Abuse It

August 25, 2016 — The Antiquities Act was passed by Congress in 1906 and signed into law by President Teddy Roosevelt in an effort to preserve American land after the pillage and destruction of a number of Native American and archaeological sites in the Southwest United States. The Antiquities Act is one of the most important pieces of conservation legislation in our nation’s history, providing the President with the sole power to declare National Monuments on federal land for the purposes of historical and natural preservation and waters. These sites often become part of the National Parks Systems under the care of the National Parks Service which is tasked with the protection of all of our valuable monuments.

Throughout its history, the Antiquities Act has had bipartisan support and has been used by 13 Presidents. The preservation of the Statue of Liberty, Death Valley and Grand Canyon are just a few of the monumental and historic American sites that were saved through the Antiquities Act. However, for fishermen on Long Island and nationwide, the current administration’s overzealous and overly broad interpretation of this law is causing great concern.

Recent Marine Monument designations proclaimed by the Obama Administration have been the largest in U.S. history, locking out fishing in perpetuity—a severe departure from the original intent of the Antiquities Act to preserve historical sites and archeological treasures. In 2014, President Obama declared a 490,000 square mile area of water in the Pacific Ocean as a National Marine Monument after receiving little public input and through a process where transparency was severely lacking. As a result of this new monument, recreational fishing was severely limited and commercial fishing was completely banned, hurting fishermen in the Pacific Ocean. Now, important fishing areas in the Northwest Atlantic, where fishermen from Greenport, Montauk, and throughout the entire New York and New England region have worked for centuries, are under consideration for a National Marine Monument designation by the current administration. As the President is pushing to apply this power to large areas of ocean in the Northwest Atlantic, he is threatening to shutdown thousands of square miles of ocean from Long Island fishermen through abuse of the Antiquities Act.

Read the full op-ed at Rep. Lee Zeldin’s House Website

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