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Appeals court upholds Vineyard Wind ruling, rejecting attempt by fishermen to stop project

December 12, 2024 — The U.S. Circuit Court of Appeals has rejected an attempt by commercial fishermen to stop a large-scale offshore wind energy development project.

Vineyard Wind, which is to be located off the coast of the U.S. state of Massachusetts, is intended to be an 800-megawatt project built across 75,000 acres. The lawsuit, originally filed in 2022, was filed by the Responsible Offshore Development Alliance (RODA) against several federal agencies, including the U.S. Department of the Interior, U.S. Bureau of Ocean Energy Management (BOEM), and NOAA Fisheries and claimed the agencies took shortcuts past statutory and regulator requirements intended to protect the environment.

Read the full article at SeafoodSource

Aquinnah tribe supports wind lawsuit

December 11, 2024 — The leader of the Martha’s Vineyard Native American tribe, and a tribal citizen who runs a popular charter fishing business, are supporting a lawsuit against a wind farm that is undergoing construction off Aquinnah’s coast.

The chair of the Wampanoag Tribe of Gay Head (Aquinnah), Cheryl Andrews-Maltais, filed a declaration in federal district court in Washington, D.C., stating that the tribe has suffered as the result of the government’s actions approving Revolution Wind, a development under construction 12 miles from the Vineyard.

William (“Buddy”) Vanderhoop has filed a similar declaration; both read like witness statements. Vanderhoop said that the fishing grounds that he brings customers to have not been as productive as in prior years, and he worries about his business as a result.

Describing themselves as a grassroots organization, the Rhode Island group Green Oceans is alleging in the lawsuit filed at the beginning of this year that the federal government has violated a number of laws — including the Endangered Species and Clean Water acts — by approving the construction of Revolution Wind. Some 35 other plaintiffs are part of the lawsuit, including the Responsible Offshore Development Alliance and Save Right Whales Coalition.

Revolution Wind is expected to consist of 65 Siemens Gamesa turbines — which feature blades more than 300 feet long — with the capacity to generate up to 400 megawatts for Rhode Island and 304 megawatts for Connecticut, enough to power more than 350,000 homes.

The Bureau of Ocean Energy Management approved the wind farm in November last year.

But tribal members, including Andrews-Maltais, worry about the impact the offshore wind development is having on many significant cultural practices, the environment as well as wildlife in the area.

Read the full article at Martha Vineyard Times

Council advances plan to cut Northeast US scallop quota 28 percent

December 6, 2024 — The New England Fishery Management Council (NEFMC) voted to enact Framework 39 for the 2025 scallop fishing season – which includes a significant drop in the scallop allowable catch.

The Fisheries Survival Fund – which was established to advocate for the long-term sustainability of the Northeast U.S. scallop stock – supported the council’s decision and advocated for it to select Framework 39 before the council meeting. The organization said the allocations “reflect the need for pragmatic balancing” of fishing effort in the region to ensure the continued success of the fishery.

New Bedford Mayor Jon Mitchell also wrote to the council in support of Framework 39. New Bedford, Massachusetts is consistently ranked among one of the top ports by value in the U.S. – in part thanks to the high value of the scallop fishery.

“The scallop industry is a cornerstone of New Bedford’s economy, supporting not only fishermen and their families, but also the numerous shoreside businesses that rely on its success,” Mitchell wrote.

Read the full story at Seafood Source

$2M Grant to Fishermen’s Alliance Means More Boats Gathering Ocean Data

December 5, 2024 — Strange things have been happening in recent years in the Gulf of Maine, the 36,000 square miles of relatively enclosed ocean stretching from Cape Cod to Nova Scotia. Low-oxygen zones have become annual occurrences, a large brown algae bloom in summer 2023 grew from Maine to northern Massachusetts, and looming over it all is the accelerating warming of surface waters. The Gulf of Maine is warming three times faster than the global average, according to the Maine Climate Council, which is faster than 99 percent of the world’s oceans.

Understanding these phenomena and their effects on fisheries is difficult, said Owen Nichols, Director of Marine Fisheries Research at the Center for Coastal Studies, because of the lack of data available on the ocean water below the surface — at the depths where most fish live.

There is one group of people, however, who regularly put equipment deep in the ocean: fishermen. And many of them are already working with scientists to gather data on the water.

But on Oct. 31, Gov. Healey’s administration announced a nearly $2 million grant to the Chatham-based Cape Cod Commercial Fishermen’s Alliance that will significantly expand fishing vessel-based measurements. The grant is from the quasi-public Mass. Technology Collaborative.

Since 2001, a Northeast Fisheries Science Center project has partnered with local fishermen to try to fix the lack of data about the depths. The project, called eMOLT (Environmental Monitoring on Lobster Traps and Large Trawlers), has so far installed sensors on about 100 fishermen’s gear to gather data on stratification of water temperature, dissolved oxygen levels, and other parameters.

Read the full story at The Provincetown Independent

Tracking Sea Creature Stress Related to Wind Turbine Construction

December 5, 2024 — With hundreds of towering offshore wind turbines planned to be built in the waters south of Martha’s Vineyard, a team of local scientists is working to find out if the construction noise will hurt ocean life.

As regulators consider projects up and down the east coast, researchers at the Woods Hole Oceanographic Institution have been simulating the booming sound of pile driving turbine monopiles to see if it has an effect on a variety of species. So far, results have been mixed.

While there’s been research into how turbine construction impacts the endangered right whale, the ocean’s small ground critters have largely been left to fend for themselves, said Aran Mooney, an associate scientist at WHOI.

“This is a knowledge gap, and it could really impact the fisheries,” he said.

The research team has been replicating construction and observing its effects on lobsters, sea scallops, flounder, squid and black sea bass. Mr. Mooney’s work was contracted by the Bureau of Ocean Energy Management, the federal agency that oversees offshore wind energy.

In the past few years, the WHOI scientists have determined the impact the noise has on squid by playing an audio recording of pile driving as they were enclosed in a tank.

“The sound profiles are pretty much the same as what we see in offshore wind, actual construction.” Mr. Mooney said.

Read the full story at the Vineyard Gazette

First Circuit likely to save the whales despite lobstermen’s complaints

December 3, 2024 — An epic sea battle unfolded at the First Circuit Tuesday as Massachusetts fishermen tried to harpoon federal regulations that protect the North Atlantic right whale. But it appeared the judges were on the whales’ side and, as in “Moby Dick,” the fishermen may end up shipwrecked.

At issue is a federal rule that limits lobster and Jonah crab fisheries’ use of buoy lines, which can entangle and kill whales.

The fishermen’s lawyer, Daniel Cragg, told the judges that the rule resulted from Congress making a “drafting failure,” but the judges seemed incredulous.

“As between ‘Congress didn’t know what it was doing’ and ‘Congress did something that makes sense,’ it seems like making sense is the better option,” U.S. Circuit Judge Seth Aframe commented dryly during oral arguments.

For centuries right whales, which average 50 feet long and 50 to 75 tons, were targeted by whalers due to their docile nature and high blubber content. By 1937, when hunting them was banned worldwide, there were only about 100 left. The species rebounded a little, but in 1970 they were listed as endangered and the population today is estimated to be around 350.

Read the full story at Courthouse News Service

With Trump, New Bedford’s fishermen hope for better times

December 2, 2024 — A cold wind cut across New Bedford harbor as Jim Kendall, a retired scallop boat captain, surveyed the city’s main fishing pier. Many of the boats sat idle, while a few crew members cleaned their decks and repaired equipment.

Kendall remembers how busy these docks used to be years ago, when there were fewer regulations and closures, and fishermen could head out most days of the year.

Now, “if you can fish, say, 60 days a year, you’re doing pretty damn good,” he said.

New Bedford is the most valuable commercial fishing port in the country, landing hundreds of millions of dollars worth of seafood every year. But Kendall said bringing in that haul is getting harder, and the margins tighter. He blames Washington, and specifically the Democratic Party, for the change in fortunes.

“A lot of the Democrats had basically forgotten about the fishing industry or just don’t pay much regard to it,” he said.

As for President-elect Trump, “the fishing industry is really supporting him.”

All across Massachusetts’ South Coast, cities and towns that voted for President Biden in 2020 flipped to Trump’s column in 2024. The former president even came close to winning here in New Bedford, a storied working-class city that overwhelmingly supported Biden just four years ago.

Kendall said he’s surprised Trump didn’t win New Bedford outright, given all the support he sees among the fishermen.

Read the full story at WBUR

MASSACHUSETTS: Town Urges Islanders To Lobby Federal And State Preservation Authorities Over SouthCoast Wind Mitigation

November 27, 2024 — With the Bureau of Ocean Energy Management (BOEM) set to issue a permit for the SouthCoast Wind project south of Nantucket next month, the town has put out an “urgent” plea for island residents to lobby state and federal preservation authorities to stall the process.

The goal is not only to get BOEM to improve its proposed mitigation for Nantucket, but also to potentially drag out the approval process beyond the Jan. 20th, 2025 inauguration of incoming U.S. President Donald Trump, who has vowed to end offshore wind projects on “day one.”

The SouthCoast Wind project is still in the midst of the so-called Section 106 process of the National Historic Preservation Act, which deals with the impacts on historic propertiesthe Se and gives the town standing with BOEM, as the island is a registered National Historic Landmark. The town has already objected to BOEM’s mitigation proposal for the SouthCoast Wind: just $150,000 for historic property surveys and archeological assessments – to limit the impact of the offshore energy development on the island. Despite those objections during the Section 106 process, BOEM appears poised to issue a permit for SouthCoast Wind on December 19, an approval which opponents believe is being rushed through before the Biden administration leaves the White House.

Read the full article at Nantucket Current

MASSACHUSETTS: Ocean-energy center on New Bedford’s Homers Wharf hurts fishing industry, says abutter

November 25, 2024 — A proposed state ocean-energy center fronting Homers Wharf is drawing opposition from a prominent local attorney who is an abutting property owner.

Richard T. Moses, who is also a retired Superior Court judge, said the proposed building “clearly does not belong on Homers Wharf” in a letter to the City Council Property Committee.

City Council approval is required for the proposal because the Mass. Clean Energy Center wants to lease the site for 15 years. The Port Authority’s enabling legislation requires a council OK for leases longer than five years.

Read the full article at Standard-Times

Fallout continues from Vineyard Wind blade failure

November 22, 2024 — Last summer’s structural failure of a single blade on a southern New England offshore turbine continues to reverberate, with new demands for quality assurances and the industry under pressure from incoming president Donald Trump’s promise “to make sure” offshore wind power “ends on day one.”

Allegations that testing data was falsified at LM Wind Power’s plant in Gaspé, Quebec, where the blade was manufactured, are being investigated as part of ongoing probes into the July 13 failure of a turbine blade at the Vineyard Wind project off Nantucket Island, according to  reporting by Canadian news media outlets in late October.

Turbine manufacturer GE Vernova identified a “manufacturing deviation” in the blade built by LM Wind Power, causing breakage of the glued fiberglass laminate structure. On Oct. 24 Quebec news station Radio-Gaspésie and newspaper Gaspésie Nouvelles reported about 20 persons had been laid off or suspended from their jobs at LM Wind Power, including “directors, managers and supervisors,” the newspaper report said.

Vineyard Wind and GE Vernova have been removing and replacing blades on turbines, with little information released on the work progress. GE Vernova CEO Scott Strazik has said quality testing on manufactured blades have shown similar defects on less than 10 percent of suspect blades, or “low single digits.”

Strazik says the company is “proactively reinforcing some blades, either in the factory or in the field, to improve their quality and ensure their useful life.” The federal Bureau of Safety and Environmental Enforcement (BSEE) is continuing its investigation into the blade failure.

Read the full article at Workboat

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