New York Bight Archives - Page 5 of 5

Fishermen Worry Wind Farms Could Damage Business

November 17, 2017 — Fishermen are worried about an offshore wind farm proposed 30 miles out in the Atlantic from Montauk, NY, the largest fishing port in the state. They say those wind turbines – and many others that have been proposed – will impact the livelihood of fishermen in New York and New England.

Scallop fisherman Chris Scola fishes in an area 14 miles off of Montauk. He and his two-man crew spend 2 ½ hours motoring there, then 10 more dredging the sea floor for scallops before heading back to port.

“We have this little patch that’s sustained by myself and a few other boats out of Montauk and a couple of guys from Connecticut also fish down here,” Scola said.

Scola – like many fishermen – is concerned about state and federal regulations. But his big concern is the prospect of hundreds, and perhaps even thousands, of giant wind turbines spread out in the New York Bight, an area along the Atlantic Coast that extends from southern New Jersey to Montauk Point. It’s one of the most productive fishing grounds on the Eastern Seaboard.

“To me, building windfarms here, it’s like building them on the cornfields or the soyfields in the Midwest,” he said.

Scola belongs to the Long Island Commercial Fishing Association, which is run by Bonnie Brady, the wife of a longtime Montauk fisherman. She’s an outspoken critic of the windfarms.

Brady sums up plans by New York authorities to site 240 turbines in the Atlantic like this: “A really bad idea that’s going to make some hedge funders a nice big chunk of change and then they can move on to their next prey.”

Read the full story at New England Public Radio

It’s Not Okay To Sell Tuna Under The Radar Or Without A Permit

August 24, 2017 — The following is excerpted from an article published Tuesday by Fissues.org, a project of the Marine Fish Conservation Network:

As we get into the thick of tuna season right now, and plenty of “large-medium” and “giant” class bluefin tuna are being caught by anglers around Cape Cod, and “small mediums” as well as good-sized yellowfin in the New York Bight, I thought it more than appropriate to say this…

It’s not okay….

It’s not okay for an angler to take his or her bluefin, or yellowfin, or bigeye or any fish for that matter and sell it to the local restaurant through the back door… for freak’n gas money. Unfortunately, this kinda thing happens pretty regularly up here. Don’t tell me that it doesn’t, because I hear the bragging frequently.

And don’t tell me that it’s a victimless crime. The hard-working full-time commercial fishermen are the first to get screwed. But it’s the consumer as well, who ends up eating a fish that hasn’t been properly cared for without knowing the risks (in the case of tuna, it needs to be flash frozen so as to get rid of parasites). And the fish? Well, none of that backdoor stuff gets reported so we have no idea the scale of such removals… And that affects how these fish are managed and ultimately the long-term sustainability of the stock.

Let’s be crystal clear about one thing. You cannot legally sell tuna to anyone but a federally permitted HMS (Highly Migratory Species) dealer and you aren’t supposed to do so without the proper federal permits and state landing permits.

Under no circumstances are those backdoor sales legal.

But really, that’s not the main reason I felt compelled to write this.

What’s starting to become a big problem is the HMS “Charter/Headboat” permit, which inexplicably allows anyone with such permit running a charter to sell their bluefin, as long as they are of commercial size (73”-plus).

So here’s the deal… If I understand the intent of the permit correctly – and I’ve discussed with NOAA HMS, so I think I do – you can’t run both a commercial and charter fishing trip at the same time. Directly from HMS Permit FAQs site: “This permit allows a vessel to fish both commercially for tunas and recreationally for HMS, although not on the same day.”

Read the full story at Fissues.org

NOAA Fisheries Designates Critical Habitat for Atlantic Sturgeon

August 16, 2017 — The following was released by NOAA Fisheries:

NOAA Fisheries today designated critical habitat for Atlantic sturgeon–an important step to ensuring their recovery.

The critical habitat designation will require federal agencies to consult NOAA Fisheries if they operate or fund activities that may affect designated critical habitat in more than 3,968 miles of important coastal river habitat from Maine to Florida. Atlantic sturgeon was listed under the Endangered Species Act in 2012 and is comprised of the threatened Gulf of Maine distinct population segment and the endangered New York Bight, Chesapeake Bay, Carolina, and South Atlantic distinct population segments.

The ESA requires that NOAA Fisheries designate critical habitat when a species is listed as threatened or endangered. Under the ESA, critical habitat is defined as specific areas within the geographical areas that are occupied by the species, that contain physical or biological features essential to the conservation of that species, and that may require special management considerations.

The designation of critical habitat does not include any new restrictions or management measures for recreational or commercial fishing operations, nor does it create any preserves or refuges. Instead, when a federal agency funds, authorizes, or carries out activities that may affect critical habitat, it must work with NOAA Fisheries to avoid or minimize potential impacts to critical habitat. The activity of the federal agency may need to be modified to avoid destroying or adversely modifying the critical habitat.

“We look forward to working with our federal partners to reduce potential impacts to Atlantic sturgeon critical habitat,” said Samuel D. Rauch III, deputy assistant administrator for regulatory programs at NOAA Fisheries. “Our focus now will be on providing guidance to federal agencies to help them carry out their actions efficiently and effectively while minimizing impacts to habitat that is critical to these endangered and threatened populations of sturgeon.”

Atlantic sturgeon are anadromous and use coastal and estuarine waters throughout their lives, and travel to rivers to spawn or lay their eggs. Unlike some anadromous fish, sturgeon do not die after spawning and will return to spawn multiple times. They can grow up to 14 feet long, weigh up to 800 pounds, and live up to 60 years.

Historically, Atlantic sturgeon inhabited approximately 38 rivers in the United States spanning from Maine to Florida. Scientists identified 35 of those as spawning rivers. Atlantic sturgeon can now be found in approximately 32 of these rivers, and spawn in at least 20 of them. Critical habitat areas in coastal rivers were identified based on physical and biological features, such as soil type in the river bed, water temperature and salinity, and underwater vegetation, that are essential to the conservation of Atlantic sturgeon, particularly for spawning and development.

Atlantic sturgeon were harvested heavily in the twentieth century, particularly for their eggs (or roe) used for caviar. Overfishing led to a decline in abundance of Atlantic sturgeon, and in 1998 the Atlantic States Marine Fisheries Commission issued a coast-wide moratorium on the harvest of Atlantic sturgeon, and NOAA Fisheries followed with a similar moratorium in federal waters.

More information on the critical habitat designation is available in the Federal Register notice and on our website.

Court Accepts New Bedford Mayor’s Declaration in Support of Lawsuit Against BOEM

December 9, 2016 — WASHINGTON (Saving Seafood) – This morning, the court accepted a declaration by New Bedford Mayor Jon Mitchell in support of a lawsuit filed yesterday by a group of 12 commercial fishing organizations, businesses and municipalties including the Fisheries Survival Fund and the City of New Bedford. The lawsuit alleges the federal government’s Bureau of Ocean Energy Management (BOEM), failed to adequately consider the voices of commercial fishermen in the consideration of a proposed offshore wind farm off the coast of New York.

“During my administration, the City also has become a national leader in the development of the offshore wind industry,” said Mayor Mitchell. “Among other initiatives, my administration established the New Bedford Wind Energy Center, the only local economic development agency of its kind in the US, and has facilitated investment in port infrastructure and workforce training programs to support the industry.”

When BOEM previously designated wind lease areas off the coasts of Rhode Island and Massachusetts, New Bedford worked hand-in-hand with BOEM to ensure fishing voices were considered. Consequently, the wind lease areas were drawn in such a way that they had minimal impact on the commercial fishing industry. In the case of the proposed New York wind farm, however, BOEM, according to the Mayor, has failed to take the same steps to ensure commercial fishing voices are heard.

“The City of New Bedford is joining this lawsuit because in its assessment of the New York Bight for offshore wind development, BOEM has not properly considered the legitimate concerns of the fishing industry,” said Mayor Mitchell. “I believe the opening of the New York Bight for offshore wind leasing, as currently proposed, will cause direct harm to existing fishing interests in New Bedford and elsewhere.”

Read Mayor Mitchell’s full declaration here

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen for the 127 square mile wind farm is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social, and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit include: the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren. The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

OPINION: Humpback whales a welcome sight off NJ coast

October 3, 2016 — Beachgoers in the Monmouth County town of Manasquan were thrilled in late August when a humpback whale appeared offshore. For two hours, it breached, spouted, slapped its fins on the water and waved them in the air.

Of course, the humpback wasn’t there for entertainment. It was simply having a long lunch, feeding on abundant small fish in the water.

Humpback whales are making a comeback. Fishermen in the New York Bight — the triangular corner of ocean between Montauk Point, Long Island, and Cape May — are seeing them regularly.

On September 6, a few days after the Manasquan sighting, the National Marine Fisheries Service announced its decision to remove most humpback whale populations from its endangered species list. Once depleted by commercial whaling, humpbacks had been on the list since 1970.

Humpback whales are divided into 14 distinct global populations. The population along the East Coast of the United States, which breeds in the Caribbean and migrates north for feeding, is considered stable and not at risk. Four endangered populations remain, including one that breeds off of Central America and migrates up the coasts of California and Oregon.

Read the full opinion piece at the Courier News

ASMFC Tautog Board Accepts Regional Assessments for Long Island Sound and New Jersey/New York Bight Management Use

August 3, 2016 — The following was released by the Atlantic States Marine Fisheries Commission:

ALEXANDRIA, Va. — The Commission’s Tautog Management Board approved regional stock assessments for Long Island Sound (LIS) and New Jersey-New York Bight (NJ-NYB) for management use. Stock status for both regions was found to be overfished and experiencing overfishing. The assessments were initiated in response to the findings of the 2015 benchmark stock assessment which explored a number of regional breakdowns for management purposes, including the option of: (1) Massachusetts and Rhode Island; (2) Connecticut, New York and New Jersey; and (3) Delaware, Maryland and Virginia. The Board had concerns about the biological implications of grouping LIS with New Jersey ocean waters. The Board requested a new assessment that would explore the population dynamics of the Connecticut, New York and New Jersey region in more detail. The regional assessments propose two additional stock unit boundaries for consideration at a finer regional scale: LIS, which consists of Connecticut and New York waters north of Long Island, and NJ-NYB, which consists of New Jersey and New York waters south of Long Island.

Given approval of the regional assessments by the peer review panel and Management Board, the Tautog Technical Committee will move forward with updating the benchmark stock assessment, including data through 2015 for all four regions for Board review and approval in October. Upon its completion, work on developing a new amendment to the Tautog Fishery Management Plan can begin. The draft amendment will propose a four region management approach: Massachusetts and Rhode Island; Long Island Sound; New Jersey/New York Bight; and Delaware, Maryland and Virginia. It is anticipated a draft for public comment will be presented to the Board for its review and approval in February 2017, with final amendment approval later in the year.

The stock assessments and peer review report, which are combined into one document, will be available on the Commission website on the Tautog page by the end of August.

US Department of the Interior Approves New York City Offshore Wind Project, Commercial Fishermen Oppose

June 10, 2016 — The Offshore Wind Project in New York City is given a go signal by the U.S. Department of the Interior (DOI) last week. On the other hand, the commercial fishermen disagree in building windmills on pylons within approximately 329 square kilometers of the New York Bight.

Interior Secretary Sally Jewell said that the department took a major step in broadening the nation’s energy portfolio, channeling power near population centers on the East Coast. The Offshore Wind Project is a public-private collaboration by Con Edison, Long Island Power Authority (LIPA) and New York Power Authority (NYPA).

Read the full story at Science World Report

Atlantic Scallop Fishery Opposes Location of Long Island Wind Energy Area

WASHINGTON (Saving Seafood) — March 16, 2016 — Earlier today the Bureau of Ocean Energy Management, a division of the U.S. Department of the Interior, announced its finalization of the first Wind Energy Area off the coast of New York. The Wind Energy Area is located approximately 11 miles off the coast of Long Island and totals about 81,130 acres. The Fisheries Survival Fund (FSF), which represents the majority of the full-time Limited Access scallop fleet has issued the following statement opposing the decision:

In 2011, the New York Power Authority, on behalf of the Long Island-New York City Offshore Wind Collaborative, selected a 127 square mile portion of the New York Bight (shown in the figure below) and applied for a commercial wind lease there. In accordance with its “Smart from the Start” policy, the Bureau of Ocean Energy Management (“BOEM”) then issued a request to determine whether there was any competitive interest for the site. Two other companies responded affirmatively. In 2014, BOEM issued a Call for Information for the same area. Responses to the Call revealed that the proposed area is critical to a wide range of maritime activities.

Despite the abundance of uses in the area, BOEM is moving forward with an environmental review of the project. The “Smart from the Start” process allows any company to submit an unsolicited bid for an ocean area of its choosing, without consideration of existing uses. Only far later, after costly site selection and physical suitability analyses have occurred, does the agency even request information from the public. Then, that information is merely presented in environmental impact statements, with no guidelines for how much conflict is too much to proceed. This process makes the burden of showing that a wind farm is not appropriate in a given area almost impossible, and it amounts to adverse possession of ocean lands.

Vessel Monitoring System (VMS) data showing scallop fishing activity in New York Bight. Values increase from green to yellow to red. Proposed wind area is shaded triangle left of center.

A Sea of Conflicts:

The fishing industry refers to the area in question as the “Mudhole” or “Cholera Bank.” The commercial scallop fishery alone catches several million dollars of scallops per year in the proposed wind energy area, and many more fisheries also operate there, including for squid, monkfish, summer flounder, herring, and quahog. These fish are landed in Massachusetts, Rhode Island, Connecticut New York, New Jersey, and Virginia. It also hosts recreational angling, and contains designated Essential Fish Habitat for more than 35 federally-managed fish species including Atlantic cod, yellowtail flounder, bluefin tuna, and several skate and shark species.

The Mudhole is sandwiched between the vessel traffic separation lanes for New York Harbor, which require substantial buffer zones for safety. The World Shipping Council and Port Authority of New York and New Jersey have already expressed concerns about the area’s proximity to sea lanes.

A wind energy facility in this location would also interfere with the operation of eleven high frequency radars in NY, NJ, and RI, according to comments from the National Ocean Service and Rutgers University. The radar network provides information critical to search and rescue activities, oil spill response, and beach closures due to high bacterial levels.

Finally, the Mudhole is teeming with wildlife. It is an important migratory area for numerous bird and bat species, and contains several federally-endangered species including North Atlantic right, humpback, and fin whales, Atlantic sturgeon, and several sea turtle species. A wind farm would impact all of these species.

View a PDF of the release

Assessing Potential Impacts of Offshore Wind Farms in the Northeast Region

November 18, 2015 — The following was released by the Commercial Fisheries Research Foundation (CFRF):

CFRF is proud to announce the availability of a new report regarding fisheries research and monitoring protocols. The report, Identifying Information Needs and Approaches for Assessing Potential Impacts of Offshore Wind Farm Development on Fisheries Resources in the Northeast Region, is the result of work conducted by the Commercial Fisheries Research Foundation and the Cornell Cooperative Extension program. Together we canvassed fisheries managers, scientists, and fishermen to provide Bureau of Ocean Energy Management (BOEM) recommendations for fishery resource research and monitoring specific to the Southern New England/New York Bight area. One of the principle recommendations of the report was to improve communication between BOEM, fishermen, and offshore wind developers in order to develop, prioritize, and review BOEM’s and lessees’ fisheries research and monitoring efforts.

View a PDF of the report