Saving Seafood

Scallops hold steady for New England, but sizes could shrink

December 7, 2018 —  The New England Fishery Management Council yesterday released information on the upcoming scallop season, including an estimated 60 million pounds in landings.

The council approved Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan, which still needs to be approved by NMFS before the season kicks off on April 1, 2019.

Peter Handy, president and CEO of Bristol Seafood, speculated that a reduction in trips to Nantucket Light Ship South and Closed Area 1 may also reduce the volume of U10 and U12 product on the market.

Last season, about half the catch in these areas were larger scallops.

“Overall, it looks like the trips to areas that have the most plentiful big scallops was reduced from two down to one,” Handy reported in a press release. However, he added, it is important to note that scallop sizes can change year to year within the same area.

The Northern Gulf of Maine TAC increased about 5,000 pounds to 205,000. However, last year the council’s prediction for the 2019 season was 135,000 pounds. The default for 2020 is set at 170,000.

Read the full story at National Fisherman

Wind Farm Near Martha’s Vineyard In Jeopardy

December 6, 2018 — Rhode Island fishing interests, given the authority to weigh in on offshore wind projects that could damage their livelihoods, are flexing their muscles. As a result, a 94-turbine wind farm planned for waters south of Martha’s Vineyard is in serious jeopardy.

Like Deepwater Wind’s South Fork Wind farm planned off of Montauk, the Vineyard Wind project is owned by European energy companies with global wind-farm interests. Rhode Island, as part of the permitting process, asked for and was given “Federal Consistency” because even though the project originates in Massachusetts, it affects fisheries in neighboring states. New didn’t ask for the right to weigh in, even though local fishermen extensively fish that area.

On Tuesday, November 27, the Rhode Island Coastal Resources Management Council agreed to postpone its decision to grant a “consistency certification” for Vineyard Wind until the end of January. If Rhode Island denies certification, Vineyard Wind could appeal to the National Oceanic and Atmospheric Administration.

It is not clear how the latest news affects the Deepwater Wind project off of Montauk Point but it is sure to come up during the state’s review of the project. In fact, fishing industry proponents are urging New York State officials to be proactive in the review of any proposed offshore wind farm in the immediate region.

Read the full story at The Independent

Working Group Nears Consensus on Transit Lanes for Fishing Vessels in Northeast Wind Energy Areas

December 6, 2018 — The following was released by the Responsible Offshore Development Alliance:

The Responsible Offshore Development Alliance (RODA), which consists of regional fishing industry representatives from Maine to North Carolina, convened an Offshore Wind Transit Lane Working Group meeting on December 3rd at the Hotel Viking in Newport, R.I.

Fishing industry representatives, offshore wind developer lease-holders, the National Marine Fisheries Service (NMFS), the Bureau of Ocean Energy Management (BOEM), and the U.S. Coast Guard, among others, joined RODA to continue an attempt to develop fishery transit lanes through the large group of Wind Energy Areas (WEAs) in federal waters off of Massachusetts and Rhode Island. The meeting was facilitated by the Consensus Building Institute. Currently, three WEAs are subject to active leases held by Ørsted U.S. Offshore Wind and Vineyard Wind.  BOEM will hold an additional auction for three new leases in WEAs adjacent to the existing sites on December 13, 2018.

In addition to loss of access within the lease areas, commercial fishermen coastwide have long been concerned about their ability to safely travel across wind energy arrays to access other historical, traditional commercial fishing grounds. They are especially concerned with the size of the WEAs being proposed by BOEM, which are by far the largest in the world.

While fishing industry representatives and wind developers agree that minimizing transit time through wind energy arrays is a primary design goal, safety risks greatly increase due to the long distances—up to 50-70 miles—fishing boats may be required to transit either around or through wind energy arrays.

The Massachusetts Fisheries Working Group on Offshore Wind began to consider the development of transit lanes earlier this year, and RODA has since held a large workshop followed by the smaller working group meeting to continue this task. To prepare for the working group meeting, RODA asked NMFS and the Northeast Regional Ocean Council Data Portal team to evaluate historic transit patterns to identify options for safe and direct access to fishing grounds. NMFS presented an analysis based on VMS and AIS data that substantially supported input received from the fishing industry regarding prevailing transit patterns.

As some examples, vessels from Massachusetts, Rhode Island, Connecticut, and other ports frequently cross the Wind Energy Areas in a “diagonal” Northwest-Southeast direction to access offshore fishing grounds, and will no longer have access to direct routes. Vessels from New York must additionally transit in an East-West direction, whereas other fisheries access grounds in a variety of directions including North-South in western and eastern portions of the lease areas.

Fishing industry representatives have considered a wide range of transit lane options and continue to support options that generally preserve these most important routes to their historic fisheries, which must include a “diagonal” route or, less favorably, smoothing out the Northwest-Southeast edges of the lease areas to allow more direct transit along the perimeters. Offshore wind lease-holding developers, for their part, have attempted to identify routes to meet those goals that also preserve the energy-generating nameplate capacity for each site that allows them to meet pricing goals for power procurement. Developers have various viewpoints on preferred transit lane locations and, as such, layouts have differing ranges of support including for the currently unleased areas.

The series of discussions regarding transit lane design was further from achieving consensus on the necessary width of transit lanes. Offshore fishermen have consistently requested lanes to be a minimum width of 4 nautical miles to allow for safe passage in an area known for extreme weather and tidal conditions, and to mitigate the anticipated effects of radar interference emanating from large monopole turbines. The developers have proposed lanes of only one to two nautical miles in order to optimize site layouts for wind exposure.

In order to foster evidence-based progress on necessary transit lane widths, RODA and others have requested the Coast Guard and BOEM to conduct an in-depth analysis regarding fisheries vessel position data, radar functionality, emergency incident reports, and other items.

While the group has not yet finalized recommendations, both fishermen and developers broadly agree that the most efficient timing for transit lane identification would occur before a lease is issued. RODA therefore strongly urges BOEM to include stipulations for the continuation of these transit lanes in its upcoming lease sale, and welcomes inquiries as to the status of these recommendations as potential bidders prepare proposals.

Additional materials, including a meeting summary with details regarding each of the options, will be available shortly on the RODA website.

About RODA
The Responsible Offshore Development Alliance (RODA) is a broad, membership-based coalition of fishing industry associations and companies working to improve the compatibility of new offshore development with their businesses. It seeks to coordinate science and policy approaches, through public and private partnerships, to manage development of the Outer Continental Shelf in a way that minimizes conflicts with existing traditional and historical fishing.

NOAA’s treatment of wind industry called into question after closure of clamming areas

December 6, 2018 — Offshore wind development appeared on Tuesday’s agenda at a New England Fishery Management Council meeting, however, it wasn’t expected to pop up during discussion on closures affecting the clamming industry.

Peter Hughes, a liaison for the Atlantic Council, couldn’t digest the fact that an offshore wind leasing area identified in a similar region extends upwards of 1,400 square miles, while the clamming industry, which sought less than 300 square miles off of Nantucket Shoals, couldn’t receive approval.

The notion only gained traction after the council voted against the resolution the clamming industry had wanted, which would have provided exemption to the 280 miles of harvesting area. Instead, the council adopted a modifed version that closed Rose and Crown and Zone D to clamming.

“It’s amazing to me that they’ve turned this complete blind eye on really the most intrusive project that’s ever come on the East Coast, which is wind,” said Scott Lang, former New Bedford mayor and attorney for the clam industry. ”… They’re acting like that’s something we’re just going to have to live with, but a fishery that’s been around for a couple hundred years is a threat to the habitat.”

Both Hughes and Lang said they supported offshore wind, but the fishing industry should receive the same cooperation from NOAA.

Read the full story at the New Bedford Standard-Times

Vineyard Wind draft report released

December 6, 2018 — While local community members still need to comb through the details, a federal analysis of Vineyard Wind’s $2 billion construction and operations plans that is to be officially released in draft form on Friday is expected to keep the project moving forward.

“The company remains squarely on track to place equipment orders and start construction in 2019,” said Erich Stephens, Vineyard Wind’ chief development officer.

The company needs to begin construction of its 800-megawatt wind farm next year because 2019 is the final year of a federal investment tax credit program that was a component in the company’s successful bid to sell electricity to three electricity distributors in Massachusetts.

By remaining on schedule, the company can maximize the value of the tax credit, “creating $1.4 billion in savings for the Commonwealth over the life of the project,” Stephens said.

Top executives with Vineyard Wind expressed optimism in late September about completion dates for the offshore project after a Bank of America Merrill Lynch financial report indicated timely permitting by the federal Bureau of Ocean Energy Management. In late September, a spokeswoman for the federal agency said Vineyard Wind’s draft environmental impact statement would be issued for public comment by December, and that a final decision on the company’s construction and operations plan is expected next summer.

Read the full story at the New Bedford Standard-Times

Scallops 2: NEFMC Takes Final Action on Framework 30

December 6, 2018 — The following was released by the New England Fishery Management Council:

During its December 4-6 meeting in Newport, RI, the New England Fishery Management Council approved Framework Adjustment 30 to the Atlantic Sea Scallop Fishery Management Plan. The framework contains: (1) specifications for the 2019 scallop fishing year, which will begin on April 1; (2) default specifications for 2020; and (3) two “standard default measures” that will carry on into future years.

The Council will submit the framework to the National Marine Fisheries Service (NMFS, NOAA Fisheries) for review and implementation. The Scallop Plan Development Team projects that, under the provisions selected by the Council, the region’s scallop fleet should be able to land roughly 60 million pounds of scallop meats in the 2019 fishing year.

Here’s what’s in the framework.

Full-Time Limited Access Fleet

In 2019, vessels with full time limited access scallop permits will be allocated 24 open-area days-at-sea and seven 18,000-pound access area trips:

  • Three trips into Nantucket Lightship West;
  • Three trips into the Mid-Atlantic Access Area; and
  • One “flex” trip that can be fished either in Closed Area I, Nantucket Lightship-West, or the Mid-Atlantic Access Area.

Read the full release here

Whale Advocates Plan to Put Forward Ballot Question in Mass. to Ban Vertical Buoy Lines

December 5, 2018 — SEAFOOD NEWS — A whale conservationist with a radical style says he intends to move forward with a “whale safety” initiative petition for 2020 in Massachusetts to ban vertical buoy ropes used in commercial fishing, among other efforts to protect whales and sea turtles.

“We have to have a paradigm shift,” Richard Maximus Strahan, of Peterborough, New Hampshire, said of his advocacy efforts to stop the death and injury of whales and sea turtles from entanglement in rope used in commercial lobstering, crabbing and gillnetting.

On Oct. 11, Strahan withdrew his lawsuit in federal court in Boston that sought more federal and state enforcement against the use by commercial fishermen of vertical buoy ropes. Vertical buoy ropes are seen by scientists and conservation groups as a source of entanglement and often injury and death of marine animals. In withdrawing the lawsuit, Strahan said that the 2018 fishing season is over and that the court and defendants hindered his lawsuit by actions such as ignoring motions for discovery.

For next year, Strahan says he and Whale Safe USA, a political group of about 200, intend to try a variety of tactics, such as the Whale Safe Fishing Act 2020 initiative petition in Massachusetts. He says he also intends to sue individual or small groups of fishermen and block the issuance of commercial fishing licenses in Massachusetts. He proposes a boycott of purchases of lobster, and he wants to identify “green” commercial fishermen who have environmental goals, such as whale and turtle protection and reduction of plastic in the ocean.

Strahan said he would no longer be filing lawsuits in federal court in Boston.

“We are going to go outside the whale biz,” said Strahan, who describes himself as an indigent and a graduate student in the Oct. 11 document.

Generally, Strahan said he views federal and state marine fisheries regulatory agencies as siding with commercial fishing interests rather than marine animal conservation interests. He also said a handful of nonprofit groups in the region, such as the Center for Coastal Studies in Provincetown, are colluding with those regulatory agencies to the detriment of the animals.

“We have been over this with him several times before,” Center for Coastal Studies CEO and President Richard Delaney said in an emailed response.

Strahan’s reputation stems from the 1990s, when right whale entanglement protections lagged and he filed a lawsuit that forced major, costly changes to the fishing industry in Massachusetts. Those changes include trap gear and gillnet bans in Cape Cod Bay while North Atlantic right whales are present, starting early in the year and ending in May, and gear modifications such as breakaway features for gillnets and weak links for trap gear buoy lines.

Strahan returned to the courtroom in February following what scientists and conservationists considered a devastating loss of 17 right whales in 2017 in Canadian and U.S. waters. Particularly since 2010 the right whale population has been in decline, with decreasing numbers of newborns each year as well as a heavy death toll among adult females.

In the civil case first filed in February, Strahan sued the administrator of the National Oceanic and Atmospheric Administration and the assistant administrator of the National Marine Fisheries Service. Other defendants in the lawsuit were the secretary of the state’s Executive Office of Energy and Environmental Affairs, the director of the state Division of Marine Fisheries, commission members of the Atlantic States Marine Fisheries Commission and the Massachusetts Lobstermen’s Association. No person was named specifically in the lawsuit other than Strahan, who represented himself.

Strahan sought to have a judge confirm that federal officials were shirking their duties under the Endangered Species Act by authorizing and failing to enforce certain regulations for commercial fishing; that NOAA had shirked its duties by handing over whale and turtle protections to the National Marine Fisheries Service without evaluating the possible harm to the animals; and that all defendants were violating the Endangered Species Act by allowing for the taking of whales and turtles, either by licensing commercial fishing or actually doing the fishing.

In May, a federal judge declined to issue a restraining order Strahan had sought to temporarily stop commercial lobster pot fishing in Massachusetts coastal waters to protect the right whales. In that ruling, the judge said that, unlike the 1996 federal court ruling, Strahan failed to show that he would likely win in the broader case due to the few rope entanglements that had been recently documented and due to the list of regulations now in place, such as annual lobster gear bans from Feb. 1 through April 30.

The Center for Coastal Studies provides airplane survey data on right whale locations to the state Division of Marine Fisheries, which is then used to make decisions about when to lift the trap gear bans in May, among other uses. The center’s data was cited in the federal lawsuit in an affidavit of Daniel McKiernan, who is deputy director of the state Divison of Marine Fisheries.

The federal lawsuit officially closed Oct. 18.

This story was originally published on SeafoodNews.com, a subscription site. It is reprinted with permission.

JOHN BULLARD: Trump policies threaten New England fishermen

December 5, 2018 — The Trump Administration just approved dangerous seismic blasting to look for oil and gas in the Atlantic Ocean, a move that will threaten marine wildlife and fisheries. This announcement came on the heels of the National Climate Assessment, which the Trump Administration tried to downplay by releasing it the day after Thanksgiving. That’s right, Trump just sidestepped science — twice — to deliver a one-two punch to fishermen.

The scientific report on climate change offers a devastating look at the impact of climate change on the American economy — including fisheries in New England — if we fail to act fast. According to the report, the American economy will decline by up to 10 percent by the end of this century. Failure to reduce carbon emissions will continue to negatively impact the health of fish stocks, threatening the economic stability of our fishing industry and coastal communities.

None of this is news to New England fishermen, who already know the changes happening in their place of business: the ocean. They know warming waters have driven lobster out of southern New England towards Canada. They know that despite difficult quota cuts, cod is much harder to rebuild, and many flounder species don’t reproduce the way they used to.

Fishermen know that warming oceans have pummeled the Maine lobster industry, where revenues fell by $99 million in 2017. Some scientists warn that ocean acidification could make the scallop industry, a $500 million-dollar mainstay of New England’s fishing economy, the next to go. There’s no Plan B if this happens. And new oil and gas development could accelerate the decline of these and other species. Without action, the working waterfronts of New England could cease to work.

What was President Trump’s response when asked about the climate report from his own administration? “I don’t believe it.” Apparently his self-professed intellect is superior to more than 300 scientists from inside and outside the government who wrote the report. Because of his inability to accept the advice of his own scientists on what may be the issue of gravest importance to future generations, the president is putting our region’s fishing industry at risk.

Read the full opinion piece at the New Bedford Standard-Times

Vital surf clam harvesting grounds closed by New England Fishery Management Council

December 5, 2018 — Clamming captains, business-owners and attorneys huddled in the lobby of the Viking Hotel on Tuesday sharing disbelief and despair over a decision by the New England Fisheries Management Council that will close vital harvesting grounds.

“A lot of these guys are going to go out of business,” owner and president of Nantucket Sound Seafood LLC Al Rencurrel said. “Obviously the economic impact, they didn’t view that, did they?”

Heading into the meeting, the surf clam industry hoped for the approval of “Alternative 2,” which would continue an exemption in its fishing areas but would modify boundaries including seasonal areas. It also called for increased monitoring with 5-minute vessel monitoring system to locate where the vessels are fishing. The clam industry would also fund a research project that NOAA would undertake to examine the habitat.

Read the full story at the New Bedford Standard-Times

NEFMC votes against limiting access to whiting fishery

December 5, 2018 — New England Fishery Management Council members have shown little collective enthusiasm for limiting access to the Northeast small-mesh whiting fishery and the great majority followed through on that sentiment Tuesday.

Convening in Newport, Rhode Island, in the first of its three days of meetings, the council took final action on the measure known as Amendment 22 by voting 13-1 with one abstention to sustain the small-mesh fishery’s status quo as an open fishery.

The vote defeated a proposal to establish requirements for limiting the access to the small-mesh multispecies fishery that has grown in popularity among local groundfishermen as other stocks have become less abundant or been subject to stricter management policies.

The proposal targeted three stocks collectively considered whiting — northern silver hake, southern silver hake and offshore hake — as well as norther red hake and southern red hake.

The proponents of the measure to limit access cited the need for the measure to help combat bycatch issues, saying that limiting access to the fishery is necessary to “freeze the footprint of the fishery” until the council can get a firmer handle on the true scope of the bycatch problem.

“If you freeze the footprint of this fishery, you place these fishermen in blocks of ice,” said David Pierce, executive director of the Massachusetts Division of Marine Fisheries, in explaining his vote against limiting access to the fishery.

Read the full story at the Gloucester Daily Times