Saving Seafood

New York advancing new rules for whelk harvesting; fishermen say slow down

May 20, 2021 — New York State is advancing a set of rules to limit the annual harvest off Long Island of sea snails known as whelk, but some fishermen say the restrictions aren’t needed.

Whelk, also known as conch, have become a vital species for Long Island fishermen who traditionally harvested lobsters, particularly in the Sound. But the lobster population has sharply dwindled in recent years, and fishing for them is banned for several months of the year.

Conch, which are harvested in traps that use the same hauling gear as lobster pots, are popular in ethnic food markets, including for scungilli and Asian specialty foods.

Read the full story at Newsday

New York to study why dead bunker fish have been washing up on beaches

December 29, 2020 — Numerous reports of dead and dying bunker fish washing up on Long Island beaches in recent weeks have prompted state officials to collect samples for study.

Distressed fish — possibly sickened by low water oxygen levels or rapid changes in temperature — have been spotted from the lower Hudson River near Peekskill to Staten Island and beaches on Long Island’s North Shore and the East End, officials said.

The state Department of Environmental Conservation has sent fish samples and water quality data to Stony Brook University’s Marine Animal Disease Laboratory and Cornell University for examination, officials said.

Bunker, or Atlantic menhaden, are a popular bait fish that number in the billions from Nova Scotia to Florida. Hundreds of millions of the fish are harvested annually for fish oil, fertilizer and fishmeal, authorities have said.

Read the full story at Newsday

Tensions build over menhaden fishing off coast of New York’s Long Island

April 7, 2020 — The timing of a recent crackdown on the use of purse seiners to catch menhaden off the coast of the state of New York’s Long Island is being questioned, the local newspaper News Day reports.

Some fishermen, who launched their boats from a ramp in Riverhead, were reportedly greeted Wednesday morning by Travis Wooten, a constable, who said they would be cited for using seine nets that stretch beyond the town’s 50-foot limit. Wooten said his stakeout was the result of complaints by residents who are concerned the fishing boats are damaging the bay bottom, depleting it of companion species such as striped bass.

The harvesters, who previously worked in cooperation with the town to prevent large die-offs of the menhaden, also known as bunkers, said they were surprised by the move.

Read the full story at Undercurrent News

NEW YORK: Peconic Bay scallops die-off tied to newly detected parasite

February 4, 2020 — The catastrophic die-off of Peconic Bay scallops in eastern Long Island waters may be tied to a previously undetected parasite that can infect the kidneys of adult and juvenile scallops, state regulators reported Friday.

The specific parasitic organism, known as coccidian parasite, was discovered in kidney tissue of all 32 scallops collected and sampled from Shelter Island’s Hay Beach last November, the state Department of Environmental Conservation said. Some scallops had “extensive damage” to renal tubes, enough to kill the most heavily infected, the DEC said.

The agency, working with Stony Brook University’s Marine Animal Disease Laboratory, said the parasite “represents a significant threat” to the scallops, but cautioned that “further research is needed” to study how widely the parasite may have been dispersed, its life cycle and rate of infection before it can be said with certainty that it was the direct cause of the die-off.

“This is a new factor that scientists think may have a prevalent effect,” a DEC spokeswoman said.

Biologists last year theorized a combination of factors may have spurred the catastrophic collapse of Peconic Bay scallops, which saw mortality rates of from 90% to 100% in many eastern waterways.

Read the full story at Newsday

NEW YORK: Disappearing bluefish lead to regulators’ plan to limit catch

December 6, 2019 — A precipitous drop in the abundance of bluefish in New York and East Coast waters has led interstate fisheries regulators to call for unprecedented cuts in allowable catch limits for the once-ubiquitous fish, starting next year.

At a meeting of the Department of Environmental Conservation in Setauket Thursday night, state regulators announced a planned 64% reduction in the commercial take of bluefish for 2020, to 287,667 pounds from this year’s quota of more than 800,000. The DEC, which regulates state waters, reported commercial fishermen this year landed 568,931 pounds.

Most bluefish are harvested recreationally by anglers in coves, bays and beaches, from Maine to Florida. On Long Island, bluefish are prized as a good fighting fish and young bluefish, or snappers, are the mainstay of fishing derbies that bring children into the sport.

A coastal stock assessment showed an all-time low in the recreational harvest 2018, to 13.47 million pounds coast wide, a steady drop from the approximately 50 million pounds reported in 2010 and a far cry from the all-time coastal high 151.46 million pounds reported in 1986.

While fisheries managers say overfishing is the likely cause of the declines, they acknowledged there’s much they don’t know about why bluefish, once prevalent year-round and famous for blitzes — the appearance of acres of bluefish feasting on baitfish such as bunker, with gulls and terns striking from above — visible from spring to fall, are so scarce.

Read the full story at Newsday

NEW YORK: Effort to salvage juvenile scallops called off for lack of candidates

November 22, 2019 — An unprecedented effort by conservationists, baymen and the state to save a vulnerable population of juvenile scallops by transferring them to deeper waters has been called off after only a day because of a lack of mollusks to move.

In response to a scallop die-off, the state Department of Environmental Conservation moved quickly last week to approve a new Scallop Salvage and Relay permit to allow vulnerable scallops in an area of water near Orient Harbor to be transferred to deeper, safer waters, with the hope they’d survive and spawn next summer.

Stephen Tettelbach, an ecologist at the Cornell Cooperative Extension’s marine program, worked with the state and lined up five commercial scallop fishermen to dredge the area for juveniles to move earlier this week.

“The baymen went out, they dredged for hours and hours and got very few,” said Tettelbach, adding the numbers were not enough to continue the program. “There were still a good number of scallops, but not as many as we saw a month ago.”

Read the full story at Newsday

New York Sues U.S. Dept. of Commerce Over Fluke Allocation

October 15, 2019 — SEAFOOD NEWS — In the most recent salvo of a lengthy battle, New York’s Department of Environmental Conservation sued the Department of Commerce for maintaining the annual allocation of summer flounder to the state, despite a well-documented stock migration from the mid-Atlantic to off the shores of NY’s Long Island.

“It is unjust that New York’s fishing communities continue to be subjected to outdated restrictions on a key source of their livelihoods, which is why we are challenging this quota,” said New York’s Attorney General Letitia James. “Previous years of limiting commercial fluke fishing have shown us that the federal government’s reliance on erroneous data violates federal fisheries law and stunts commercial growth in the state. My office will continue to fight for fair treatment of those who depend upon on our commercial fishing industry.”

The suit, filed on October 10, charges the DOC of violating the Magnuson-Stevens Act (MSA) and the Administrative Procedures Act by not responding to the stocks northward migration over the years and instead relying on outdated allocation shares.

Summer flounder is co-managed by the Mid-Atlantic Fisheries Management Council and the Atlantic States Fisheries Commission for inshore and offshore waters in North Carolina, Virginia, Maryland, Delaware, New Jersey, New York, Rhode Island, Connecticut, Massachusetts, New Hampshire, and Maine.  Allocation to all 11 states has been based on historical catch data from 1980-89, data which New York’s DEC says are “obsolete.”

Allocation shares give 27.5% to North Carolina, 21.3% to Virginia, 16.7% to New Jersey, 15.7% to Rhode Island; 7.7% to New York, 6.8% to Massachusetts, with the remaining 5% to Connecticut, Maryland, Maine, Delaware, and New Hampshire.

That puts 5.6 mlbs of summer fluke landings at ports in North Carolina and Virginia while only .88mlbs at ports in New York, “even though the center of the biomass of summer flounder—and commercial fishing activity—is off Long Island,” states the suit.

“New York’s commercial fishing industry is a critical economic driver that has been held back by outdated federal restrictions for decades,” Governor Andrew Cuomo said. “After numerous attempts to work with the federal government to adjust this unfair quota, we’re forced to make our case through the courts to protect the hardworking men and women of this industry. We will not back down until these unreasonable limits on New York’s fishing industry are made right.”

“In the more than 30 years since those data were collected, the center of the summer flounder stock has shifted significantly northeast to the waters off New York’s coast,” wrote Plaintiff Basil Seggos, Commissioner of the New York State Department of Environmental Conservation (DEC).

“Boats from North Carolina and Virginia—states which have significantly larger quotas than New York predicated on the now obsolete landings data derived from the vastly different fishery of the 1980s—routinely travel hundreds of miles to waters off Long Island, fish, and then return hundreds of miles back to land their catch.

“Long Island-based boats have a far shorter trip to the prime fishing grounds but are constrained by New York’s small allocation—based on the same obsolete data—to return with far fewer fish than their southern counterparts.  To eke out a living, some New York boats have had to purchase North Carolina or Virginia licenses, catch summer flounder off Long Island, then sail hundreds of miles south to land their catch.”

The suit claims the management actions taken by DOC are inconsistent with four National Standards in the MSA: National Standard 2, which calls for “best scientific information” to be used in management decisions; NS 4, which prohibits discrimination between residents of different states; and NS 5 and 7, which require efficiency in the use of fishery resources and to minimize costs where practicable.

The suit asks the court to partially vacate the 2020–2021 Specifications Rule by invalidating New York’s quota and partially vacate the 1993 Allocation Rule by invalidating New York’s allocation and remand the Rules to Commerce for further proceedings.

Commercial landings of summer flounder peaked in 1984 at 37.77 million pounds and reached a low of 5.83 million pounds in 2017. Total ex-vessel value in 2018 was $25.27 million, resulting in an average price per pound of $4.11

The Council and ASFMC recently approved increases in quota for all the states if the coastwide commercial quota exceeds 9.55mlbs. In that case, NY would get 12.375% of the additional quota, as would six other states. But the modification will not be effective, if approved, until January 1, 2021.

The stock for summer flounder spawning females is at 98 million pounds, but recruitment is low. In addition, annual removals are above what the stock can currently replace, so forecasts are for declining abundance.

Recent changes in accounting for sport landings have also increased those removals historically.

The next benchmark stock assessment is tentatively scheduled for 2021.

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

ROBERT BRYCE: New York’s energy policy depends on an impossible fantasy

May 23, 2019 — Last Wednesday, the Cuomo administration blocked construction of the proposed Northeast Supply Enhancement project, a 24-mile gas pipeline that would run from New Jersey across New York Bay to near the Rockaways. The Department of Environmental Conservation claimed the pipeline could have a negative effect on water quality and marine life.

The move was cheered by environmental groups, which claim that New York doesn’t need more natural gas because it can rely on wind and solar energy instead. But that oft-repeated claim ignores the growing rebellion in upstate communities against Big Wind and Big Solar.

On May 9, six days before the Department of Environmental Conservation rejected the permit for the gas pipeline, the town board of Cambria (population: 6,000) unanimously rejected the proposed 100-megawatt Bear Ridge solar project. If built, that $210 million project would cover about 900 acres with solar panels.

“We don’t want it,” Cambria Town Supervisor Wright Ellis, who has held that position for 27 years, told me last week. “We are opposed to it.” The proposed project, he said, violates Cambria’s zoning laws. In addition, Ellis said it would result in a “permanent loss of agricultural land” and potentially reduce the value of some 350 nearby homes.

Wind-energy projects, too, are facing fierce opposition. In February, Apex Clean Energy, a wind-energy developer, withdrew its application to build 108 megawatts of wind capacity on Galloo Island, a small island off the eastern shore of Lake Ontario.

Read the full story at the New York Post

Omega Protein: New York menhaden law a ‘feel good’ for environmentalists

April 26, 2019 — Omega Protein says it won’t be hurt by a new law that blocks it from fishing for menhaden in New York state waters in order to preserve the forage fish for whales and other wildlife because it never goes there.

Rather, it’s “feel-good legislation for the environmental community, but it will have zero impact on the company’s operations”, commented Ben Landry, director of public affairs for the Houston, Texas-based division of Canada’s Cooke, when called by Undercurrent News Tuesday for a response.

The legislation passed unanimously, 61-0, by New York’s Senate in February (companion bills S. 2317 and A. 2571) went into effect immediately upon being signed by Governor Andrew Cuomo on Thursday. The new law, which was sponsored by Democratic senator Todd Kaminsky and assembly member Steve Englebright, prohibits the taking of menhaden with the use of purse seine nets within three miles of the state’s coast.

Because menhaden are sensitive to oxygen levels in the water and can die off by the thousands when large schools become too confined in one area during hot weather, the law allows the state’s Department of Environmental Conservation (DEC) to issue a temporary order to allow purse seiners to reduce the population.

Read the full story at Undercurrent News

New York to study climate change impact on oceans, oysters

August 27, 2018 — As New York’s oyster industry makes a comeback, the state is gearing up to study how changes in ocean chemistry caused by man-made climate change might threaten oysters and the rest of New York’s multi-billion dollar marine industry.

About a third of carbon dioxide in the atmosphere is absorbed into the oceans, where it is converted into carbonic acid. This is causing a gradual, steady increase in ocean acidity levels, which are now about 30 percent higher than at the start of the Industrial Revolution.

Rising acidity levels are a threat to oysters, clams, corals and other aquatic creatures that make shells, since this increase also causes a decline in carbonate ions, which are a critical chemical building block of shell formation.

Last week, the state Department of Environmental Conservation announced creation of a 14-member task force to examine ocean acidification, which is a consequence of past and ongoing emissions of carbon dioxide from the burning of fossil fuels.

DEC Commissioner Basil Seggos said it will “ensure that the best available science is used to assess and respond to this emerging threat to our coastal waters and fisheries.” He said marine resources support the jobs of about 350,000 state residents.

“Ocean acidification has a dramatic effect on species such as shell fish, including oysters and clams, as well as corals and even plankton. It puts the entire food chain at risk from plankton to whales,” said Chris Thorncroft, chairman of the University at UAlbany Department of Atmospheric and Environmental Sciences.

Read the full story at The Albany Times-Union