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DELAWARE: Delaware council rejects permit critical to development of wind farm off Ocean City coast

December 19, 2024 — In a dramatic move, members of Sussex County Council in Delaware rejected an application crucial to the completion of a new wind farm off the Atlantic coast. The proposal, which was rejected Tuesday in a 4-1 vote, was at the center of a monthslong debate in Sussex County.

If approved, it would have allowed Renewable Development, a subsidiary of US Wind, to connect high-voltage cables from the Indian River to a new substation adjacent to the Indian River Power Plant in Dagsboro.

US Wind, a Maryland energy company owned in part by an Italian infrastructure firm, said in a statement that it will appeal the decision.

Now with the future of the project uncertain, Sussex County taxpayers will likely be on the hook to fund the county’s opposition to US Wind’s appeal and a potential future lawsuit.

Even with the rejection, the US Wind project is not dead, but significantly hampered and likely looking at further delays. It can still find another way to bring its cables ashore if it should lose its appeal.

Read the full article at Maryland Matters

Monty Deihl: Let’s set the record straight about menhaden fishing

December 18, 2024 — The following is an excerpt from an opinion piece published by The Virginian-Pilot and the Daily Press. It was written by Monty Deihl, the CEO of Ocean Harvesters, Inc. He is a native of Reedville, where he and his wife raised their family, and a retired Air Force officer.

A guest column published on Dec. 11 (“Menhaden harvesting has an impact on local fisheries”) contained several inaccuracies regarding the menhaden fishery — including Reedville-based companies Ocean Harvesters and Omega Protein — and the state of the Atlantic menhaden population.

Omega Protein neither “farms” fish nor engages in aquaculture. Menhaden used in Omega Protein’s products are harvested by Ocean Harvesters, an independent company that operates a fleet of nine vessels out of Reedville. Omega Protein processes the menhaden harvested by Ocean Harvesters into products that improve the nutritional integrity of foods, dietary supplements, and animal feeds.

The menhaden population is not “dwindling.” The Atlantic States Marine Fisheries Commission (ASMFC) reports menhaden populations are abundant and sustainably managed. Menhaden are not overfished and are not experiencing overfishing. The biomass exceeded 4.5 million metric tons in 2022, while total commercial landings amounted to just 195,387 metric tons. The ASMFC says menhaden biomass has been stable since the 1960s.

At the August ASMFC meeting, both the representative from the Maryland Department of Natural Resources (DNR) and the Maryland governor’s appointee stated there are “no menhaden” in Maryland. Ironically, in October, the Maryland DNR juvenile striped bass survey found that juvenile menhaden abundance in the Chesapeake Bay over the past two years is at the highest level measured since 1990.

The menhaden fishery is certified sustainable by the Marine Stewardship Council. This required a rigorous, independent evaluation by third-party auditors confirming a healthy biomass, minimal environmental impact and a robust management system.

Atlantic menhaden is the first U.S. species managed to account for predator forage needs. In 2020, after a decade of work, the ASMFC implemented “ecological reference points.” This was applauded by numerous environmental advocates and the Chesapeake Bay Foundation.

Although some critics in the recreational fishing community claim a distinction between the coast-wide and Chesapeake Bay menhaden populations, no evidence supports this. Menhaden are migratory, naturally moving in and out of the Bay. At a Dec. 6, 2022, meeting, Virginia Institute of Marine Science (VIMS) scientists called “localized depletion” claims speculative and unsupported by evidence.

In recent months, the Chesapeake Bay Foundation and other groups publicized a controversial study allegedly linking menhaden harvesting and negative osprey reproductive success. At the August ASMFC meeting, the Chesapeake Bay Foundation’s Maryland executive director offered a motion creating a workgroup to consider more precautionary management of menhaden based on the study. But an article in the current Bay Journal highlights criticism from three VIMS fisheries scientists, who questioned the study’s data, methods and conclusion linking osprey nesting issues to menhaden fishing.

Antagonism between commercial menhaden and recreational fishing interests is nothing new. It was first reported in The New York Times in 1895. But recently, threats on social media and physical attacks on commercial vessels escalated to the point that Virginia amended its laws in 2024 to increase penalties for such dangerous actions. We are thankful to the governor, delegates and commercial watermen from other fisheries who worked hard to change the law to increase public safety.

Today, Ocean Harvesters and Omega Protein are the largest providers of union jobs with full benefits, and the largest minority employers in Northumberland County, serving as key economic drivers. My family has worked in the menhaden industry in Reedville for more than 100 years; it clothed and fed me, put me through school, and today employs my children and supports my grandchildren.

For more than a century, those in the Northern Neck’s menhaden fishing industry have defended their livelihoods against unfounded claims that menhaden purse-seine fishing harms recreational fishing. The debate will continue, but it must be based on fact. And the regulation of this job-creating industry must also be based on fact — not politics and unsubstantiated conjecture.

Read the op-ed at The Virginian-Pilot

Maryland county takes on international offshore wind company to save commercial fishing jobs

December 18, 2024 — On the largely undeveloped Delmarva peninsula – which is surrounded by the Chesapeake Bay to the west, the Atlantic Ocean to the east and includes portions of Delaware, Maryland and Virginia – local lawmakers are getting ready to take on a major international wind power company in an effort to save its crucial commercial fishing industry.

The Worcester County Commissioners in Maryland approved a resolution on Tuesday to acquire two properties in West Ocean City Harbor through eminent domain, which US Wind plans to develop into an operations and maintenance facility as it constructs a wind farm off the coast of Ocean City, Maryland. The action was taken in an effort to protect the county’s historic commercial and sport fishing industries.

The commissioners passed the resolution as US Wind, a subsidiary of Italian-based Renexia SpA, plans to construct a 353-foot-long-by-30-foot-wide concrete pier at the harbor to service vessels used to construct a proposed wind farm consisting of up to 118 turbines at least 15 miles off the coast of Ocean City. Along with the pier, the company plans to install 383 feet of bulkhead.

The two properties the county plans to acquire are currently being used by Southern Connection Seafood and the Martin Fish Company, which are the only two commercial seafood wholesalers in the area where watermen can offload and sell their catches.

The county’s plans for the two properties include developing a long-term lease with the existing owners, allowing them to continue serving the needs of the commercial fishing industry, according to the resolution that was passed.

“The commercial fishing industry is an integral and essential part of Worcester County’s economy,” the resolution reads, adding that it, along with the sport fishing industry, are dependent on commercial marine support in and around West Ocean City Harbor.

Read the full story at FOX Business

2024 Juvenile Fish Survey Shows Promising Results for Chesapeake Bay Menhaden

December 12, 2024 — The Menhaden Fisheries Coalition (MFC) said that recent findings from the Maryland Department of Natural Resources (DNR) 2024 juvenile striped bass survey showcased great news for juvenile menhaden in the Chesapeake Bay.

The MFC explained that while news around striped bass reproduction wasn’t great, positive trends were seen around the key forage species of menhaden and spot.

“Encouraging results were documented regarding two species lower on the food chain,” DNR wrote. “Menhaden abundance was nearly equal to last year, which was the highest measured since 1990. Spot abundance was the highest measured since 1988. These species are vital to the ecology of the Bay as a food source for many other species of fish and wildlife.”

Read the full article at Seafoodnews.com

Commercial fishing groups ask Fourth Circuit to block bass limits in Chesapeake Bay

December 11, 2024 — Maryland commercial fishing groups argued to a Fourth Circuit panel Wednesday that an interstate commission’s regulations on striped bass in the Chesapeake Bay violates the Constitution.

Delmarva Fisheries Association and the Maryland Charter Boat Association sued the Atlantic States Marine Fisheries Commission over 2024 regulations that the plaintiffs claim violate the Fifth Amendment’s taking clause and cut their revenue by upwards of 70%.

The groups appealed after a Maryland federal judge denied their motion for a preliminary injunction.

On Wednesday, U.S. Circuit Judge Stephanie Thacker, a Barack Obama appointee, questioned why the fishing groups would want to challenge the regulations.

Read the full article at Courthouse News Service

DELAWARE: US Wind gets green light from Delaware for offshore wind project What happens now?

December 11, 2024 — Delaware’s environmental division has approved three permits needed for US Wind’s offshore wind project off of the Maryland coast.

DNREC announced Monday, Dec. 9 that US Wind’s permits to utilize Delaware’s land to connect the turbines to a new substation were approved with stipulations that would require the company to employ mitigation strategies and fund certain conservation efforts around the Delaware beaches.

“This is an important step forward,” said Jeff Grybowski, US Wind CEO. “After a thorough, science-based review by DNREC’s experts, and feedback from the public, we are thrilled to have secured these final approvals to move forward on delivering massive amounts of clean energy to the region. Offshore wind will help lower electricity bills for the people of Delaware, satisfy the region’s critical need for more electricity and improve air quality across the state, all while supporting good local jobs.

Read the full article at Delaware Online

Maryland can start construction on its first offshore wind farm

December 5, 2024 — The Bureau of Ocean Energy Management approved US Wind’s Construction and Operations Plan for Maryland’s first offshore wind farm Tuesday.

The state has ambitious offshore wind goals and past failed agreements with Danish renewable energy giant Orsted.

“After more than four years of rigorous and robust analysis, we are thrilled to have secured this final BOEM approval,” said US Wind CEO Jeff Grybowski. “US Wind’s projects will produce massive amounts of homegrown energy and will help satisfy the region’s critical need for more electricity, all while supporting good local jobs.”

The Maryland Offshore Wind Project is planned in three phases, two of which have been named – MarWin and Momentum Wind – and have received offshore renewable energy certificates from the state of Maryland.

Read the full story at The Center Square

Ocean City continues with lawsuit following US Wind receiving final approval

December 4, 2024 — US Wind, Inc. announced Tuesday that the Bureau of Ocean Energy Management has granted final approval for the company’s Construction and Operations Plan, completing the federal permitting process for its offshore wind project.

“This is a proud moment for US Wind,” said Jeff Grybowski, US Wind CEO. “After more than four years of rigorous and robust analysis, we are thrilled to have secured this final BOEM approval. US Wind’s projects will produce massive amounts of homegrown energy and will help satisfy the region’s critical need for more electricity, all while supporting good local jobs.”

The project, located in a federal lease area off the coast of Ocean City, Maryland, has the potential to generate up to 2 gigawatts of offshore wind power — enough to power more than 600,000 homes in the region, according to US Wind.

However, the project has faced significant opposition from the Ocean City community and other local organizations. The Town of Ocean City, joined by groups such as the Worcester County Commissioners, Coastal Association of Realtors and the Commercial and Recreational Fishing Industry, say they will continue to move forward with a lawsuit against BOEM to challenge its approval of US Wind’s project.

Read the full story at Coast TV

US Wind Wins Final Approval for Offshore Wind Project

December 4, 2024 — The Bureau of Ocean Energy Management (BOEM) has issued its final approval of US Wind’s construction of a wind project off the coast of Delmarva.

According to US Wind, BOEM issued the permit for the Construction and Operations Plan, the final step in the company’s ongoing federal permitting application Tuesday, December 3.

The approved project includes the construction and operation of up to 114 wind turbine generators, up to four offshore substation platforms, a meteorological tower, and offshore export cable corridors. The project could also see wind power cables coming ashore under 3Rs Beach in Delaware.

The Town of Ocean City, along with multiple co-plaintiffs, filed a lawsuit in October challenging BOEM’s approval process of US Wind’s proposed project.

Read the full story at WBOC

VIMS scientists critique research linking osprey declines to menhaden industry

November 29, 2024 — There is a long-running battle in Virginia over how to manage the menhaden fishery – and the lack of data about the species continues to be front and center.

Research that touches on menhaden in the Chesapeake Bay has long been contentious, because it helps inform how officials choose to regulate the controversial fishery.

The latest disagreement is playing out in scientific literature. Three scientists at William & Mary’s Virginia Institute of Marine Science, which conducts research for state regulators, recently published a formal critique of a study linking declines in the local osprey population to the menhaden industry.

The study they critiqued came from another arm of William & Mary: the Center for Conservation Biology, which studies birds.

The center has monitored ospreys for years. Director Bryan Watts said they’ve now seen the birds struggling to reproduce for more than a decade.

His team published a study earlier this year recording the lowest number of osprey chicks since the 1970s. They said the baby birds are dying of starvation, and posit that’s because there aren’t enough menhaden for them to eat.

Read the full article at WHRO

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