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Biden named in North Atlantic commercial fishing ban lawsuit filed by fishermen

April 14, 2022 — Fishermen in Massachusetts and New Jersey are challenging a Biden administration proclamation in court.

The fishermen have filed a lawsuit, Fehily et al. v. Biden et al., in U.S. District Court for the District of New Jersey alleging the proclamation that bans commercial fishing in the North Atlantic Ocean, primarily the Georges Bank area, saying it harms their ability to earn a living.

“The creation of the Northeast Canyons and Seamounts Marine National Monument violated the core requirements of the Antiquities Act to limit protections to specific monuments,” Pacific Legal Foundation attorney Frank Garrison said in a news release. “Most fundamentally, the Act gives the president authority to create monuments on federally owned or controlled land. The ocean is not land. Presidential action that goes beyond laws passed by Congress undermines the democratic process and the Constitution’s separation of powers.”

Read the full story at The Center Square

Fishermen from Mass., N.J., sue federal government to block ban on fishing near Gulf of Maine

April 13, 2022 — Two fishermen, one from Massachusetts and one from New Jersey, filed a lawsuit Tuesday challenging a Biden administration ban on commercial fishing in the Georges Bank area of the North Atlantic Ocean.

David T. Malley of Massachusetts and Patrick Fehily of New Jersey are commercial fisherman who work near the Gulf of Maine, within the roughly 5,000 square miles that President Biden designated in October as the Northeast Canyons and Seamounts Marine National Monument, according to court documents.

Malley, a fisherman for more than 50 years, and Fehily, a fisherman for more than a decade, name Biden, Secretary of Commerce Gina Raimondo, and Secretary of Interior Deb Haaland as defendants in the suit, filed in US District Court in New Jersey, according to court documents.

Read the full story at The Boston Globe

NEW JERSEY: Fishermen say Ørsted boats destroying traps

April 11, 2022 — Several commercial fishermen claim survey boats hired by wind turbine developer Ørsted inadvertently cut their lines causing their lobster and conch traps to be lost in the ocean. At issue: being reimbursed from Ørsted for the lost gear and income

Lobster fisherman Joe Wagner, a second-generation fisherman of lobster, sea bass and conch, said last year he lost 157 lobster traps to Ørsted, which is partnering with PSEG on the Ocean Wind 1 project that aims to bring up to 99 massive wind turbines to an area 15 miles off the coast of Cape May and Atlantic counties.

“They only paid me for a handful of them because they say it wasn’t their boats,” he said.

Wagner said Ørsted made that claim based on tracking data of the survey boats. He said he caught the survey boats frequently turning off their tracking devices.

Last year his father lost 100 lobster pots to Ørsted survey boats, Wagner asserted, again with Ørsted claiming their boats were not to blame. The cost of lobster pots is $180 to $220 each with a possible two-year delay to receive all the replacements due to supply chain issues, he said.

He said Ørsted sends a weekly email to fishermen with a photo of their leased areas stating “our vessels might be in your area” but doesn’t give exact coordinates.

Read the full story at Ocean City Sentinel

 

10 fisheries in N.J. may have wrongly received millions in COVID money, state watchdog says

March 25, 2022 — In its first report detailing the waste, fraud and abuse of the distribution of federal COVID funds, a state watchdog agency said nearly $2.4 million in CARES Act funding may have been improperly paid out to fisheries in New Jersey.

The Office of the State Comptroller (OSC), which is tasked with tracking the distribution of federal COVID funding, said 10 marine fisheries in New Jersey received more money than they lost because of the pandemic in 2020.

Guidelines for the program, administered by the Department of Environmental Protection (DEP), require that fisheries could not be made “more than whole,” meaning fisheries could not receive more funds than their actual losses in 2020.

“Our report finds that DEP did not take adequate steps to address red flags and protect federal recovery funds from being misspent,” said Kevin Walsh, acting state comptroller. “Getting COVID funding out quickly was important, but more should have been done to protect the funds from fraud, waste, and abuse.”

Read the full story at NJ.com

New Jersey opens covid-19 assistance program for seafood processors

March 23, 2022 — New Jersey is using $826,807 from the U.S. Department of Agriculture to reimburse the state’s seafood processors for covid-19-related costs that hit them in 2020 and 2021.

The NJ Seafood Processor Covid-19 Assistance Program is funded through USDA Seafood Processors Pandemic Response and Safety Block Grant Program, and follows the federal protocol for qualifying businesses for aid.

Eligible activities for reimbursement include:

• Workplace safety measures;

• Retrofit of facilities for worker and consumer safety;

• Market pivots;

• Medical costs associated with providing or purchasing COVID-19 testing.

The state Department of Environmental Protection’s Marine Fisheries Administration is working with the state health and agriculture departments to provide reimbursement to processors, including processing vessels and dealers, for pandemic-related costs between Jan. 27, 2020 and Dec. 31, 2021.

Read the full story at National Fisherman

 

New Jersey sets $3.3 million for offshore wind environment studies

March 18, 2022 — Amid growing concern about the environmental impact of offshore wind development, New Jersey’s environment and energy planners are putting up $3.3 million for studies on how building wind turbine arrays may affect wildlife and fisheries.

The state Department of Environmental Protection and Board of Public Utilities on Wednesday announced funding for studies and said they will soon release shortly a request for proposals. The agencies will also join the Regional Wildlife Science Entity, formed last year with Connecticut, Maryland, Massachusetts and New York to coordinate monitoring and research of wildlife and marine ecosystems.

Dubbed the Offshore Wind Research & Monitoring Initiative (RMI), the New Jersey interagency effort has three areas of research, to be funded by wind developers Atlantic Shores Offshore Wind, LLC, and Ørsted’s Ocean Wind II project with each committing $10,000 per megawatt of planned project capacity – about $26 million in all for long-term research and ecological monitoring.

Read the full story at National Fisherman

 

How an Offshore Wind Farm Would Come Onshore in Ocean City, NJ

March 10, 2022 — One of the world’s largest offshore wind developers, Denmark-based Ørsted, wants to bring 1,100 megawatts of electricity onshore from a wind farm in the Atlantic Ocean using a transmission line that would run through Ocean City, New Jersey.

That is not sitting well with some people in and around the small, but well-known Jersey Shore community, where many families across the Philadelphia region visit in the summer. Look no further than Kate Winslet’s detective from “Mare of Easttown” for proof of Ocean City’s popularity.

Still, it’s becoming increasingly likely that Ørsted’s Ocean Wind 1 project about 15-20 miles off Atlantic and Cape May counties will connect to the region’s power grid with an underground transmission line that comes onshore at an Ocean City beach. It would then run through the community to a decommissioned coal power plant in nearby Upper Township.

Read the full story at NBC Philadelphia

 

European Energy Giants Still Dominate Future of Offshore Wind in US

March 4, 2022 — A group led by two American companies shelled out $645 million last week for the future development rights of an offshore wind farm off the New Jersey coast.

Invenergy Wind Offshore LLC, which is a partnership led by Chicago-based Invenergy and New York-based energyRe, now owns the rights to 84,000 acres where company officials believe 2,000 megawatts of renewable energy can be harnessed using turbines larger than the Washington Monument.

“We’re very happy where we are, and it’s a huge opportunity for our two American companies to really shine,” energyRe Chairman Jeff Blau said in an interview Thursday.

Despite the Invenergy group’s win, the federal auction proved that European energy giants still dominate the burgeoning offshore wind industry. The other five leases up for auction were grabbed by companies based in Spain, Great Britain, France and Germany. (One of those five does include a New York investment firm.) In total, the six leases raised a whopping $4.4 billion for the federal government.

European energy companies already own most of the 17 leases awarded between 2013 and 2018. Industry experts say those foreign conglomerates have head starts from their decades of experience building wind farms in Europe. Most are former fossil fuel companies that years ago began renewable energy subsidiaries.

Read the full story at NBC Philadelphia

NEW YORK: Long Island’s Offshore Wind Farm Plans Take Root

March 2, 2022 — After years of planning and debate, offshore wind farm developers recently took several big steps forward in a half dozen projects in various stages of development off the coast of Long Island.

A record-setting sale of offshore wind development rights last week saw combined bids for six areas off the coasts of New York and New Jersey stretching to $4.73 billion. The auction came less than two weeks after officials held a groundbreaking — or a seafloor breaking, as it were — ceremony in Wainscott on Feb. 11 to mark construction starting on the 130-megawatt South Fork Wind, the first offshore wind project in New York State.

LOCAL OPPOSITION

The South Fork Wind farm’s developers, Ørsted & Eversource, who plan to build 12 turbines about 30 miles off Montauk’s coast — enough to power 70,000 homes annually — have faced legal challenges from some Wainscott residents opposed to the cable coming ashore in their community.

Citizens for the Preservation of Wainscott filed a motion in the Appellate Division of New York State Supreme Court to block the construction until the court has an opportunity to rule on the group’s appeal of the state Public Service Commission’s decision allowing the cable to run through the community. The appeals court judges rejected that motion last month, but the suit is pending.

“We continue to support the move to renewable energy and celebrate the progress toward that goal,” the group said in a statement following the groundbreaking. “But we continue to have serious reservations regarding an infrastructure project that runs its cable through residential neighborhoods, and next to a PFAS superfund site, particularly when better alternative sites were available. Our focus will continue to be on protecting our community.”

The group isn’t the only one opposed. Bonnie Brady, executive director of the Montauk-based Long Island Commercial Fishing Association, protested the groundbreaking ceremony while playing an audio recording of what she says the construction noise will sound like from on land. As officials left, she reminded them that the turbines will be built in North Atlantic Right Whale territory.

Read the full story at the Long Island Press

Sale of Leases for Wind Farms Off New York Raises More Than $4 Billion

February 28, 2022 — The United States government netted a record $4.37 billion on Friday from the sale of six offshore wind leases off the coasts of New York and New Jersey, a major step in the Biden administration’s goal of ushering in a future powered by renewable energy.

The auction, of more than 488,000 acres in the Atlantic Ocean between Cape May, N.J., and Montauk Point, N.Y., was the Biden administration’s first offshore lease sale.

When turbines are built and start working, the auctioned acres are expected to generate up to 7,000 megawatts, enough to power nearly 2 million homes.

The Interior Department has said between that project and others currently under review, it hopes to see some 2,000 turbines churning from Massachusetts to North Carolina by the end of this decade.

Read the full story at the New York Times

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