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Update: Carlos Rafael to be banned from fishing, pay $3 million; captains also face penalties

August 20, 2019 — New Bedford fishing magnate Carlos Rafael will permanently give up all commercial fishing by March 31 and pay a $3 million penalty to settle the federal government’s civil claims against him, federal fishing authorities said Monday.

Allegations against the self-proclaimed “Codfather” included dozens of counts of misreporting groundfish species, underreporting groundfish, and other fishery violations related to scalloping, gear and restricted areas.

The National Oceanic and Atmospheric Administration said it settled with Rafael and his fishing captains Monday in an administrative proceeding.

Rafael is sitting in federal prison at Federal Medical Center Devens, where he reported in November of 2017 to serve a 46-month sentence for falsifying fishing quota, cash smuggling and tax evasion in a separate criminal case.

His attorney in the civil matter, John Markey, said that considering what an appeal would require, Rafael believes the settlement is the right thing to do for him, his family, and the captains and crews of his vessels.

Read the full story at the New Bedford Standard-Times

Senator Warren Statement on NOAA Settlement with Carlos Rafael

August 20, 2019 — The following was released by The Office of Senator Elizabeth Warren (D-MA):

United States Senator Elizabeth Warren (D-Mass.) released the following statement today following news that the National Oceanic Atmospheric Administration (NOAA) has reached a settlement of the civil case against Carlos Rafael:

“The U.S. Department of Commerce and the NOAA should do everything in their power to ensure that all of the fishing permits Carlos Rafael held remain in the Port of New Bedford. These permits sustain an industry that has been part of the fabric and the way of life in New Bedford for hundreds of years. Law-abiding fishing families and businesses have already suffered through no fault of their own, and don’t deserve to have their livelihoods taken away because of Rafael’s wrongdoing.”

Last October, Senator Warren sent a letter to the Commerce Department and NOAA urging them to keep the fishing permits in the hands of Massachusetts families and businesses.

Lobstermen invited to weigh in on whale protection plan

August 19, 2019 — The eight-community traveling road show to gather public comment on new protections for the imperiled North Atlantic right whales hits Gloucester on Tuesday evening and is expected to draw a big crowd at NOAA’s Greater Atlantic Regional Fisheries Office in the Blackburn Industrial Park.

The Gloucester session, set to run from 6 to 9 p.m. at the GARFO headquarters at 55 Great Republic Drive, is the seventh of the eight scoping meetings and the first of two in Massachusetts. The other is scheduled for the next night in Bourne.

The sessions organized by NOAA Fisheries are in advance of a draft environmental impact statement for modifications to the Atlantic Large Whale Take Reduction Plan. They will provide a forum for stakeholders and others to comment on new protections proposed by the Atlantic Large Whale Take Reduction Team. Those include lobster gear modifications and a reduction of the number of vertical endlines to reduce whale casualties and mortalities.

Read the full story at the Gloucester Daily Times

MASSACHUSETTS: Provincetown team disentangles humpback whale off Chatham

August 19, 2019 — The Marine Animal Entanglement Response team (MAER) from the Center for Coastal Studies (CCS) disentangled a humpback whale yesterday afternoon off of Chatham, MA.

A charter vessel discovered the whale early yesterday morning; they reported it to the CCS Hotline, then stood by the whale until they were relieved by a crew from USCG Chatham. USCG Chatham stood by until the CCS team, accompanied by trainees from Cascadia Research Collective and SR3, arrived on scene.

The female humpback, identified as the 2015 calf of Jabiru, had a buoy line lodged in her mouth and wrapped over her head; the trailing end of the line extended about 40 feet behind her flukes.

Read the full story at CapeCod.com

MASSACHUSETTS: Whale Take Reduction Plan Meeting Set for Bourne

August 19, 2019 — The National Oceanic and Atmospheric Administration will be hosting a scoping meeting at the Upper Cape Regional Technical School in Bourne Wednesday, August 21 from 6 to 9 p.m.

The meeting will focus on NOAA’s Draft Environmental Impact Statement to amend the Atlantic Large Whale Take Reduction Plan.

They are looking for comments on the management options for the plan from the public, both at the meeting and in written or emailed submission.

Read the full story at CapeCod.com

Vineyard Wind project faces permitting, construction delays

August 19, 2019 — Connecticut Public Radio reported over the weekend that a final decision to approve the Vineyard Wind Project may not occur until the end 2020, adding a layer of doubt about when the offshore wind power project would actually start.

Last month, National Fishermen reported Vineyard Wind could miss its planned construction start of later this year due to the U.S. Bureau of Ocean Energy Management’s delay in reviewing the 800-megawatt wind farm off the Massachusetts coast.

Read the full story at Seafood Source

Vineyard Wind says it will carry on amid new review

August 16, 2019 — Offshore energy develop Vineyard Wind backpedaled this week from its earlier warnings, saying it intends to carry forward with plans for building 84 turbines in New England waters, even as a revised environmental review raises more questions about its future.

“Company shareholders have affirmed a commitment to deliver a proposed 800-megawatt wind farm off the coast of Massachusetts, albeit with a delayed project schedule,” Vineyard Wind announced in statement days after the federal Bureau of Ocean Energy Management announced it would undertake a sweeping reassessment of environmental impacts.

That assurance stood in contrast to the earlier reaction from Vineyard Wind, when company officials learned BOEM would not be finalizing an environmental impact statement as they had hoped for by mid-July.

Read the full story at National Fisherman

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.

Feds’ delay puts crucial tax credit in jeopardy for Vineyard Wind

August 15, 2019 — With the federal tax credit for offshore wind projects about to expire, every day counts.

So you can understand the concern around town when it became clear the country’s first major offshore wind farm would likely miss a crucial deadline for the tax credit, a key element in the project’s financing. The reason? The US Bureau of Ocean Energy Management said it needs more time to review Vineyard Wind’s 84-turbine wind farm, to properly weigh the cumulative impacts of similar offshore projects in the pipeline.

As a result, developer Vineyard Wind on Monday said it would revise its $2.8 billion project, with a delayed schedule. The vague statement from the developer, a Massachusetts venture owned by Avangrid and Copenhagen Infrastructure Partners, didn’t say much. But these revisions likely mean one thing: Construction on the 800-megawatt project planned for waters south of Martha’s Vineyard would no longer start in time to deliver electricity by the end of 2021.

Read the full story at The Boston Globe

Sens. Warren And Markey Speak Out Against Vineyard Wind Decision

August 15, 2019 — U.S. Sens. Elizabeth Warren and Edward J. Markey, both D-Mass., are speaking out against the recent federal decision to delay Vineyard Wind’s offshore project, proposed off the coast of Martha’s Vineyard, Mass.

Last week, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) decided to delay the publication of Vineyard Wind’s final environmental impact statement and, instead, initiate a supplemental draft environmental impact statement process.

“The Trump administration’s last-minute decision to delay approval of a major offshore wind energy project is extremely disappointing,” states Warren. “The Vineyard Wind project – which is projected to create thousands of jobs and generate clean energy for over 400,000 families and businesses across the commonwealth – would save money for Massachusetts ratepayers, reduce carbon emissions by over 1.6 tons per year and help the commonwealth reach its clean energy targets by 2035.

Read the full story at North American Wind Power

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