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Mid-Atlantic fishermen fight unconstitutional regulation

July 10, 2024 — Raymond Lofstad and Gus Lovgren are both fourth-generation commercial fishermen running small-scale operations in the Mid-Atlantic. Raymond has fished in Long Island for over 45 years. Gus, who recently took over his father’s fishing boat, has operated out of New Jersey for over 20 years. Both possess the necessary permits to fish for flounder, scup, and black sea bass in the federal waters off the coast of the Mid-Atlantic. But a regulation adopted by the Mid-Atlantic Fishery Management Council will reduce the amount of these fish that commercial fishermen may catch every year, reallocating the harvest in favor of recreational fishermen.

Over their long fishing careers, Raymond and Gus have fed countless American families. All the while, they have shared the ocean’s bounty with their fellow commercial fishermen and those who fish recreationally. Now, due to this regulatory change, they face tens of thousands of dollars in lost annual revenue. For Gus, the loss in revenue will also force him to spend more time at sea, losing precious time with his family, including his two young daughters.

Whether for food or for fun, ocean fisheries are under the watchful eye of government regulators. States handle the shoreline while the feds, under the Magnuson-Stevens Fisheries Conservation and Management Act, govern waters from three to 200 nautical miles offshore.

Regional councils established under Magnuson-Stevens are charged with regulating federal waters to maximize fisheries’ long-term benefits. Raymond and Gus are two of the many fishermen regulated by the Mid-Atlantic Fishery Management Council, which covers all federal waters off the coast of the Mid-Atlantic, from the tip of Long Island to the middle of North Carolina.

Read the full article at the National Fisherman

NEW JERSEY: New Jersey’s first offshore wind project approved by federal government

July 9, 2024 — The Biden administration has approved New Jersey’s first offshore wind project, but the plan faces pushback — and the likelihood of legal challenges — from critics who say it will ruin the state’s storied coastline.

The Atlantic Shores South project, given a green light by the U.S. Department of the Interior last week, calls for installing 200 towering wind turbines less than nine miles off the coast — providing enough electricity to power more than 1 million homes. It’s the ninth offshore wind project approved by President Joe Biden as part of his efforts to aggressively expand the green power industry.

New Jersey Gov. Phil Murphy and environmental groups praised the project’s approval, saying it will help reduce the state and nation’s reliance on fossil fuel energy sources.

Read the full article at The Center Square

Environmentalists threaten to sue New Jersey and Delaware if they don’t take action to protect Atlantic sturgeon from bycatch

July 9, 2024 — Atlantic sturgeon have been around for 70 million years — predating the dinosaurs. These monumental fish with shark-like fins even survived the Chicxulub asteroid, which caused the great extinction event at the end of the Cretaceous Period.

But the species that once thrived in the Philadelphia region’s waterways has become endangered, threatened by habitat loss, dams, poor water quality and vessel strikes. In the Delaware River, only about 250 estimated sturgeon remain, according to the U.S. Geological Survey.

Sturgeon are also caught in fishing nets and injured by boats during the commercial fishing of other types of fish such as striped bass and summer flounder.

The Delaware Riverkeeper Network argues the region isn’t doing enough to protect the Atlantic sturgeon. The nonprofit is threatening to sue Delaware, New Jersey and New York under the Endangered Species Act for allegedly allowing the commercial fishing industry to kill the Atlantic sturgeon as bycatch.

Read the full article at WHYY

NEW JERSEY: Offshore wind project creates renewed controversy at Jersey shore community

July 8, 2024 — More controversy is surrounding offshore wind projects along the Jersey shore after the feds approved a plan earlier this week and activists say it can’t happen.

Change is blowing in the wind down the shore and not everyone is happy about it.

This week the Biden administration gave the green light to what would be the first wind energy farm off the coast of the New Jersey.

The company, Atlantic Shores Offshore Wind, wants to build up to 200 offshore turbines on more than 400 square miles about eight and a half miles off the coast of Atlantic City. The turbines would be visible from Long Beach Island south to Ocean City. The company says, when completed in the next decade, the project would be able to power more than a million New Jersey homes and businesses by wind alone. But not everyone is onboard.

“Everybody in town is against the windmills. I have not met anyone yet who is for the windmills,” says Nancy McGinnis of Ocean City.

McGinnis is fuming over the decision by the U.S. Department of Interior to approve the proposed wind farm.

Read the full article at Yahoo News!

NEW JERSEY: Department of Interior approves wind farm off New Jersey. Why some people oppose the project.

July 8, 2024 — The U.S. Department of the Interior has approved what would be New Jersey’s first off-shore wind farm project.

The proposed Atlantic Shores wind turbines would stand roughly nine miles off the shore of Long Beach Island, which many consider to be the jewel of the Jersey Shore.

The project has support, and opposition.

Supporters applaud the project

Democrat Gov. Phil Murphy applauded the plan on X, saying the Atlantic Shores project will “generate enough electricity to power nearly one million homes.”

Some environmental groups say it’s a win for the Garden State.

Read the full article at CBS News

NEW JERSEY: US gives key approval to Atlantic Shores offshore wind farm in New Jersey

July 8, 2024 — The U.S. Interior Department approved the proposed Atlantic Shores offshore wind farm in New Jersey on Tuesday, giving a major boost to a project that would be the state’s first.

The project still requires an additional federal approval of its construction and operations plan, along with two state-level permits, before construction can begin.

Interior Secretary Deb Haaland said the department’s decision marked the ninth offshore wind project approved under the Biden administration, green-lighting 13 gigawatts of electricity, enough to power 5 million homes.

“The Biden-Harris administration is building momentum every day for our clean energy future, and today’s milestone is yet another step toward our ambitious goal of deploying 30 gigawatts of offshore energy by 2030,” she said in a statement. “Our clean energy future is now a reality. We are addressing climate change, fostering job growth, and promoting equitable economic opportunities for all communities.”

Read the full article at the Associated Press 

Supreme Court rules for fishermen in landmark ‘Chevron deference’ case

July 1, 2024 — Herring fishermen in New Jersey and Rhode Island who objected to paying fees for fishery observers scored a victory in the U.S Supreme Court Friday that could upend 40 years of federal rulemaking.

The court’s 6-3 decision in the twin cases will have profound effects across U.S. government and industry, setting new limits on how executive branch agencies regulate energy, transportation, food and drugs and other health, safety and environmental rules.

Lawyers with conservative legal activist groups brought the cases, Loper Bright v. Department of Commerce and Relentless v. Department of Commerce, on behalf of fishermen who challenged a National Marine Fisheries Service rule that required them to carry onboard observers to monitor fishing, and pay costs for the observers contracted by NMFS, at up to $700 a day.

The cases hinged on the so-called “Chevron deference,” a landmark ruling in federal administrative law dating back to a 1984 dispute between the oil giant and environmental activists of the Natural Resources Defense Council. In that earlier Supreme Court decision, justices ruled that the courts should “defer” to executive agencies’ reasonable interpretations of federal statutes.

Read the full article at the National Fisherman

US Supreme Court overturns Chevron in blow to NOAA’s regulatory authority

June 28, 2024 — A lawsuit filed by New Jersey herring fishermen has struck a massive blow to the authority of U.S. regulators.

On 28 June, the U.S. Supreme Court ruled in favor of the plaintiff fishermen in Loper Bright Enterprises v. Raimondo, overturning the long-standing Chevron deference – a legal precedent that gave federal agencies wide latitude in interpreting congressional statutes – and limiting the authority of NOAA Fisheries to implement regulations without clear guidance from lawmakers.

Read the full article at SeafoodSource

The Supreme Court weakens federal regulators, overturning decades-old Chevron decision

June 28, 2024 — The Supreme Court on Friday upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests.

The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives who have been motivated as much by weakening the regulatory state as social issues including abortion. The liberal justices were in dissent.

The case was the conservative-dominated court’s clearest and boldest repudiation yet of what critics of regulation call the administrative state.

Bill Bright, a Cape May, New Jersey-based fisherman who was part of the lawsuit, said the decision to overturn Chevron would help fishing businesses make a living. “Nothing is more important than protecting the livelihoods of our families and crews,” Bright said in a statement.

Read the full article at the Associated Press

Captain blamed for fatal capsizing of F/V Mary B II

June 20, 2024 — The United States Coast Guard completed their investigation into the loss of the commercial fishing vessel Mary B II on the Yaquina Bay Bar near Newport, Oregon, on January 8, 2019. After convening with the Board of Investigation, the Coast Guard announced that the capsizing was primarily the owner/ operator’s fault.

Captain Stephan Biernacki, 50, was from Barnegat Township, N.J., and was crossing the Bay Bar when the vessel capsized, causing the loss of the boat and its entire crew. He had fished on the east coast off from New Jersey but was new to Dungeness fishing in Oregon. The Coast Guard had reported that the Mary B II had faced seas of 14 to 16 feet, with some waves breaking as tall as 20 feet. They had tried to direct the crew as they noticed them approaching the bar, but it had been too late, and the conditions were not forgiving.

Read the full article at the National Fisherman

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