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Fishing Industry Group Files Legal Challenge to Wind Farm

September 14, 2021 — A coalition of commercial fishing groups on Monday sued the federal agency that approved construction of a 62-turbine wind energy farm off the coast of the Massachusetts island of Nantucket, saying it did not adequately take into account the project’s potential impact on the industry.

The Responsible Offshore Development Alliance’s petition for review of the Bureau of Ocean Energy Management’s approval of the Vineyard Wind 1 project was filed with the 1st U.S. Circuit Court of Appeals in Boston.

“The Bureau of Ocean Energy Management’s hasty approval of this project, which could be the nation’s first commercial scale offshore wind installation, adds unacceptable risk to this sustainable industry without any effort to minimize unreasonable interference with traditional and well-managed seafood production and navigation,” the organization said in a statement.

The federal agency, in an emailed statement, said it had no comment.

A spokesperson for Vineyard Wind, a joint project of a Danish company and a U.S. subsidiary of the Spanish energy giant, Iberdrola, said the company dies not comment on pending litigation.

Read the full story from the Associated Press at US News and World Report

 

Atlantic Herring Area 1A Days Out Meeting on September 24

September 10, 2021 — The following was released by the Atlantic States Marine Fisheries Commission:

Members of the Commission’s Atlantic Herring Management Board from the states of Maine and New Hampshire, and the Commonwealth of Massachusetts will meet via webinar on September 24, 2021 from 10 a.m. to 12 p.m., to discuss Season 2 (October 1 – December 31) days out measures for the 2021 Area 1A fishery (inshore Gulf of Maine). Days out measures include consecutive landings days for Season 2. The webinar and call information is included below:

Atlantic Herring Days Out Meeting

September 24, 2021

10:00 a.m. – 12:00 p.m.

You can join the meeting from your computer, tablet or smartphone at the following link: https://global.gotomeeting.com/join/517895485. If you are new to GoToMeeting, you can download the app ahead of time (click here) and be ready before the meeting starts. For audio, the meeting will be using the computer voice over internet (VoIP), but if you are joining the webinar from your phone only, you can dial in at +1 (872) 240-3412 and enter access code   517-895-485 when prompted. The webinar will start at 9:30 a.m., 30 minutes early, to troubleshoot audio as necessary.

The 2021 Area 1A sub-annual catch limit (sub-ACL) is 1,453 metric tons (mt) after adjusting for the carryover from 2019, the 30 mt fixed gear set-aside, and the 8% buffer (Area 1A closes at 92% of the sub-ACL). There is no research-set-aside for 2021 because the participants in the RSA program will not continue their RSA project in 2021.

The Board established the following seasonal allocations for the 2021 Area 1A sub-ACL: 72.8% available from June 1 – September 30 and 27.2% available from October 1 – December 31.

Please contact Emilie Franke, Fishery Management Plan Coordinator, at 703.842.0716 or efranke@asmfc.org for more information; or visit http://www.asmfc.org/calendar/9/2021/Atlantic-Herring-Area-1A-Days-Out-Meeting-on-September-24/1797.

The meeting announcement can also be found at http://www.asmfc.org/files/AtlHerring/AtlHerringSep2021DaysOutMeetingNotice.pdf

MASSACHUSETTS: NPS provides $368k to Coastal Studies

September 8, 2021 — The Center for Coastal Studies (CCS) in Provincetown has received $386,000 from the National Park Service and $75,000 the state of Massachusetts to establish a new Shark Ecology Research Program.

The foundation of the program is an ongoing study conducted by Bryan Legare, a seascape ecologist in the Center’s Marine Geology department.

Legare is examining the relationship between white shark behavior and habitat use in the shallow nearshore waters off the Cape Cod National Seashore to understand how sharks use the environment.

For the last three summers, Legare has deployed a dense array of acoustic receivers in a study area at Head of the Meadow beach in North Truro; he added a second array off Nauset Beach in 2020.

Read the full story at Wicked Local

 

Right Whale Conservation Groups ‘Disappointed’ By Long-Awaited Lobster Fishing Rules

September 2, 2021 — Federal officials have issued new regulations for the lobster and Jonah crab fisheries that are designed to protect North Atlantic right whales from entanglements in gear. But conservationists say the long-awaited rules don’t go far enough to save the critically endangered species.

The new regulations from the National Oceanic and Atmospheric Administration (NOAA) require lobstermen to add more traps per buoy line to reduce the number of vertical ropes in the water. They also restrict buoy lines in certain areas during seasonal whale migration south of Martha’s Vineyard and Nantucket and in the Gulf of Maine.

In addition, they require fishermen to make two significant changes to the ropes themselves: adding breakaway sections so that entangled whales can more easily break free, and markings to buoy lines to enable federal officials to differentiate gear by state.

Federal officials say the rules, which are four years in the making, will reduce the whales’ risk of death and serious injury by 69% — and more protections will be phased in over the next decade as part of a conservation framework.

But conservation groups say they wanted more aggressive measures, given the current status of the critically endangered whales. The population of North Atlantic right whales has declined sharply over the last few decades, and today an estimated 360 remain.

The Maine Lobstermen’s Association (MLA) was also critical of the new rules, saying that, in fact, the federal government has placed an “unwarranted burden” on the fishery.

“[The National Marine Fisheries Service] has mandated that Maine lobstermen reduce risk to right whales by an additional 98% over the next 10 years based on the worst-case scenario instead of using best available data and realistic assumptions,” said Maine Lobstermen’s Association executive director Patrice McCarron, “The final rule is just the first round of economic impacts to us, and future restrictions will likely destroy Maine’s iconic lobster fishery.”

The MLA takes issue with the size of the seasonal restricted area in the Gulf of Maine, a lack of “flexibility” for lobstermen to “innovate and propose equally protective yet less costly approaches,” and “last minute changes” to the gear marking requirements that they say could require lobstermen to purchase a second set of buoy lines.

Read the full story at New Hampshire Public Radio

 

Trump adviser involved in Vineyard Wind opposition

August 30, 2021 — The two Nantucket women said they were suing the federal government because they wanted to save the North Atlantic right whale from offshore wind. Then a former member of President Trump’s EPA transition team stepped to the microphone to commend them for their bravery.

“They did it voluntarily,” David Stevenson, the former Trump adviser, said of the women. “They’re not getting anything out of this other than trying to save the whales, save Nantucket.”

So went a press conference outside the Massachusetts State House yesterday, where offshore wind critics announced a lawsuit challenging the federal government’s approval of Vineyard Wind, the first major offshore wind project in America to be issued an environmental permit.

The lawsuit marks a new chapter in a decadeslong push to build offshore wind farms in America. Cape Wind, the first offshore wind project proposed in the U.S. waters, was sunk by nearly two decades of legal battles. Now, the question is whether they will sink a second generation of projects.

Vineyard Wind, a 62-turbine project 12 miles south of Martha’s Vineyard, is the first to run the legal gauntlet. The $2.8 billion project is the only utility-scale offshore wind project to receive a final permit from the Bureau of Ocean Energy Management. Other projects could soon follow. BOEM, as the bureau is known, has committed to reviewing 16 others along the Eastern Seaboard by the end of President Biden’s first term.

The lawsuit filed by Nantucket Residents Against Turbines in the U.S. District Court District of Massachusetts argues that the bureau failed to consider the impact of Vineyard Wind on right whales. It seeks to vacate the permit.

It’s not the first time opponents have challenged BOEM’s review of Vineyard Wind. That distinction belongs to a small-scale solar developer who owns a vacation house on Martha’s Vineyard (Climatewire, July 20).

Read the full story at E&E News

MASSACHUSETTS: Gloucester Mayoral candidates talk housing, blue economy, and respect

August 30, 2021 — With the blue economy being essential to the city’s legacy and future, candidates provided insight on how they would strike a balance between the competing interests of fishermen, development, wildlife, preservation and recreation.

“To say that the fishing industry is dead could not be further from the truth,” Harvey said, explaining that fish processing is one of the city’s largest employers as far as he knows.

Harvey said the mayor’s job is to use his or her soap box to pressure Congress for intelligent regulations and to lure more boats to Gloucester.

As his grandparents came to Gloucester from Sicily to fish, Verga knows the importance of the waterfront.

“It is something that is not going away,” he said. “It is not dead, it is different than from what it once was.”

Verga emphasized that Gloucester should be looking at employment opportunities on the waterfront other than fishing, such as lobstering.

“Gloucester has struggled with its blue economy for many, many years,” Russell said. “Unfortunately, there are two competing faces here in the city and we need to be unified.”

This means, as he said, that downtown and the harbor and the fisheries can coexist.

“We need to protect the heritage that we have in the harbor and we need to invest in working with downtown so we can coexist,” Russell said.

Romeo Theken said that everyone has been coexisting for years.

“We are almost 400 years old,” she said, explaining that tourists want to see a working waterfront.

In addition to listing the multiple ocean-front specific companies that work in collaboration with the rest of the city, Romeo Theken noted that she had reinvigorated the city fisheries commission.

She added that fishermen are environmentalists.

Pollard, who has a commercial fishing license and fishes part-time, would like to see additional dockage implemented in the city.

Sclafani said that “if you were to make the fatal mistake of rezoning the Gloucester fishing industry’s infrastructure, that infrastructure would just disappear.”

He added that the future of fishing is fish farms.

“I looked at a female lobster that has thousand a little babies under her,” he said. “If you could separate them, 30,000 from birth, pretty sure you could feed the world with lobster.”

Read the full story at the Gloucester Daily Times

Stakeholder Engagement Meeting for American Plaice Stock Assessment

August 30, 2021 — The following was released by NOAA Fisheries:

Improving Assessments for American Plaice

The American Plaice Working Group will be hosting a stakeholder engagement meeting in Gloucester, MA, on Friday, September 24th, from 10 AM – 1 PM.  You can also participate through Webex. This meeting link will be sent to your email upon registration.

The meeting will begin with a presentation on the American plaice Research Track Assessment process with a focus on fishery data, survey data, and a review of previous stock assessments. An open discussion will follow with time for questions and comments on the fishery and survey data, research track process including methods and timeline, or any other input or questions. The working group is specifically interested in getting on the water experience from stakeholders.

If you would like to register for the stakeholder meeting (either virtual or in-person) please RSVP here no later than Thursday, September 23rd.

Fisheries Stock Assessments Research Track

White shark tracking organization releases findings after tagging 3 sharks during New England research expedition

August 30, 2021 — OCEARCH has released the findings of its 41st Ocean Research Expedition in New England where they were successfully able to sample, tag, and release three white sharks. The organization says the data collected from these sharks will support 23 science projects, helping “form a complete picture of the ecology, behavior and health of the white shark in the Northwest Atlantic Ocean.”

Expedition New England departed from New Bedford on Aug. 1 and spent the first week fishing in federal waters outside of Cape Cod and Nantucket before heading to the Isle of Shoals off of New Hampshire, and ending in Gloucester on Aug. 20.

OCEARCH’s Northwest Atlantic White Shark Study is the most comprehensive research study that has ever been done on a white shark population and the data collected from the three sharks tagged and sampled on Expedition New England will support 23 different research projects including full health assessments, bacterial and microbiome studies and microplastic toxin exposure. In addition, the three tags added to each of these sharks will allow scientists to track their long-term movements as they grow into young adults.

Read the full story at WHDH

Nantucket Group Sues To Stop Massive Wind Farm, Claiming Threat To Endangered Right Whales

August 27, 2021 — A federal lawsuit is aiming to stop the construction of thousands of wind turbines off the Massachusetts coast.

The “ACK Residents Against Turbines” who filed the lawsuit said the proposed Vineyard Wind project poses a threat to the critically endangered North Atlantic Right Whale.

“The whales belong to all of us and with fewer than 400, of which there are fewer than 100 breeding females left, each one is worth protecting. The people of Nantucket have a long history with these whales and we have done so much recently to protect this species,” said group co-founder Mary Chalke in a statement. “It would be a tragedy to see all of them lost in order to build an industrial offshore development.”

The project is set to be the first utility-scale wind power development in federal waters.

The U.S. Bureau of Ocean Energy Management and the National Oceanic and Atmospheric Administration, which are named in the suit, declined to comment, citing the pending litigation. Vineyard Wind, a joint project of a Danish company and a U.S. subsidiary of the Spanish energy giant, Iberdrola, also declined to comment.

But the American Clean Power Association, a group that represents renewable energy companies, stressed the project has undergone a lengthy environmental review, permitting and public comment process.

Read the full story at CBS Boston

MASSACHUSETTS: Commercial black sea bass season expanded

August 27, 2021 — The state has approved an in-season adjustment to the commercial black sea bass fishery that will provide more open fishing days and higher catch limits.

The in-season adjustments, approved by the state Marine Fisheries Advisory Commission based on recommendations by the state Division of Marine Fisheries, represent the first adjustments in commercial fishing limits for the directed hook and line and pot fishery for black sea bass since 2017.

Since 2017, Massachusetts’s share of the annual commercial black sea bass quota, allocated by the Atlantic States Marine Fisheries Commission, has increased 32%.

Effective Aug. 30, according to DMF, Mondays and Wednesdays will be added as open commercial fishing days for the directed commercial black sea bass pot and hook and line fisheries.

The additional days will allow anglers to fish for black sea bass Sunday through Thursday.

On Oct. 1, the schedule will be expanded even more when Fridays and Saturdays are added to allow commercial harvesters to fish for black sea bass seven days per week.

Read the full story at the Gloucester Daily Times

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