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The Winds Of War Swirl Around Off-Shore Turbines

March 24, 2017 — As a concept, ocean-based wind-energy harvesting is gaining momentum on Long Island – but don’t expect completely smooth sailing for the increasingly popular alternative-generation movement.

Although wind farms are rising around the globe and contributing ever-larger percentages of the electricity flowing through international energy grids, the “green” projects often face stiff opposition –  ironically, from environmentalists, and often from commercial fishermen who say the ocean-based platforms disrupt natural breeding grounds and threaten their livelihoods.

Long Island anglers, for instance, are paying close attention to a class-action lawsuit against the U.S. Bureau of Ocean Energy Management, aimed at stopping wind-farm developments off the New York and New Jersey coasts.

Despite the rough seas, Stony Brook University’s Advanced Energy Research and Technology Center is jumping in with both feet. The AERTC is hooking the imminent launch of its Advanced Energy Center Symposium Series – a collection of next-generation energy discussions and workshops uniting industry experts, government officials and assorted stakeholders – on a day-long May 5 event focused on offshore wind, slated to be held at the Montauk Yacht Club.

While offshore wind interests have made progress on Long Island – including LIPA’s January approval of what would (at least temporarily) be the nation’s largest offshore wind farm, to be located 30 miles off Montauk by Rhode Island-based Deepwater Wind – the AERTC is clearly wading into disputed waters.

The May 5 conference is akin to Montauk being swallowed into “the belly of the beast,” according to Bonnie Brady, executive director of the Long Island Commercial Fishing Association, who said placing wind turbines in the middle of “traditional, historically productive fishing grounds” is a “recipe for disaster.”

Read the full story at Innovateli

Proposals Aim To Restore Lobsters To Long Island Sound

March 20, 2017 — A new interstate plan is being considered to try and halt the dramatic decline in lobster populations in Long Island Sound and southern New England waters, but experts warn none of these proposals may work in the face of global warming.

The draft plan by the Atlantic States Marine Fisheries Commission includes possible changes in the size of lobsters allowed to be kept, reductions in the number of lobster traps allowed in the region, and additional lobster season closures.

But a former president of the Connecticut Commercial Lobstermen’s Association, Nick Crismale of Branford, doubts the once-thriving lobster population in the Sound will ever recover. “It will never come back,” Crismale said. “The industry is basically gone; the resource is basically gone.”

Mark Alexander, head of Connecticut’s marine fisheries unit, acknowledges that bringing the lobsters back to the Sound won’t be easy in the face of ongoing climate change. “But we have to give it a shot,” he said this week.

Connecticut public hearings on the commission’s draft proposal are scheduled for March 21 in Old Lyme and March 27 in Derby.

Read the full story at the Hartford Courant

NEW YORK: Fishermen Skeptical as Wind Fans Rejoice

March 20, 2017 — More than 150 people crowded into Clinton Academy in East Hampton last Thursday for a look at the future of electricity generation, as representatives of Deepwater Wind, a Rhode Island company, presented its recently approved plan to construct a wind farm 30 miles offshore.

Those in attendance, including officials in East Hampton Town and Village government, were generally enthusiastic about the project. However, members of the commercial fishing industry, some of whom were at the meeting, continue to criticize the plan, fearing its impact on their livelihood and accusing both Deepwater Wind and local and state governments of ignoring their concerns.

Upon its anticipated completion in December 2022, the South Fork Wind Farm is expected to provide 90 megawatts of electricity to the South Fork, where demand is projected to continue to increase sharply. The installation, up to 15 turbines placed in federally leased waters, is expected to produce energy sufficient to power more than 50,000 residences.

The Long Island Power Authority authorized its chief executive to sign a 20-year contract with Deepwater Wind to buy the energy generated by the wind farm in January. The agreement includes a five-year extension option.

On Thursday, Deepwater Wind officials including Jeffrey Grybowski, the chief executive officer, and Clint Plummer, its vice president of development, said that a cable connecting the wind farm to the Long Island Power Authority substation on Buell Lane in East Hampton would likely make land either at the defunct fish factory at Promised Land or the parking lot at Fresh Pond Beach, both on Gardiner’s Bay. The cable would be buried beneath existing roads to the substation, they said. Onshore surveys of the proposed route are to begin in the spring.

A power purchase agreement with LIPA will be finalized this year, the Deepwater officials said, and permit applications will be submitted to state and federal agencies in 2018.

Read the full story at the East Hampton Star

NEW YORK: With new interest in offshore wind, state agency re-calibrates strategy

March 17, 2017 — As a new proposal for an offshore wind project looks likely to trigger a federal auction for development rights, a state agency that was willing to spend big in a previous auction is rethinking its strategy.

German-based PNE has submitted plans for a 400 megawatt offshore wind farm off the coast of Fire Island. The project, submitted to the U.S. Bureau of Ocean Energy Management, would put as many as 50 turbines in the 40,000 acre area.

That’s likely to spark competitive bidding on the area, said Alliance for Clean Energy’s Anne Reynolds, and could move offshore wind along more quickly in New York.

But the New York State Energy and Research Development Authority may not be one of the bidders. The agency said in a statement it “may, but does not expect to” participate in future bidding.

“NYSERDA is executing a strategy to create competition for offtake agreements for areas that meet our standards and provide the best path to cost effectiveness for New York State consumers,” the agency said . “We look forward to working with any successful winning bidder to help us achieve these goals.”

Read the full story at Politico

The Stubborn Staying Power of the Alewife Herring

March 16, 2017 — Among the rich natural resources that attracted humans to New York’s harbor was a small migratory fish the colonists called the alewife or sawbelly. As these river herring crowded into spawning creeks every spring, they were noted by the earliest French Jesuits, Dutch trappers and English settlers, and were caught and consumed with abandon by Native Americans and colonists alike.

Alewives are bony, tasty, nutritious and relatively easy to preserve; and, in colonial times, they were abundant. The fish could be eaten by humans or fed to pigs or other livestock. It is highly likely that the famous agricultural mentoring between Squanto, a Patuxet native to what is now Massachusetts, and the pilgrims memorializes yet another less obvious use of herring: as fertilizer for the colonists’ inaugural crops.

Middens and hearths excavated throughout the Northeast are filled with the bones and scales of herring dinners past. But as human settlements grew, both the value and limits of this communal resource became obvious. Alewives were protected by the first known fishery regulations in North America, which date to 1623 in Plymouth Colony. Over time, net sizes, harvest schedules and set locations, as well as catch limits, were all strictly regulated in order to protect these valuable fish.

Read the full story at the New York Times

Rep. Lee Zeldin: Reinvigorating fishing means cutting needless regulations

March 6, 2017 — One of my best memories of growing up on Long Island is fishing in our local waterways with family and friends. It’s an industry, but it’s also a way of life and pastime that is part of our history, culture, and overall greatness as an island. For hundreds of years, the waters which surround us and the bounties within it are natural treasures which we can never take for granted. It is a shame that regulations are obstructing fishermen who want to responsibly harvest this great resource.

Between New York State’s maritime boundary, which ends three miles off of Montauk Point, and Rhode Island state waters, which begin three miles off of Block Island, there is a small area of federally controlled water that is considered part of the “Exclusive Economic Zone,” or EEZ. The EEZ, which extends up to 200 miles from the coast, are waters patrolled by the Coast Guard, where the United States has exclusive jurisdiction over fisheries and other natural resources. The unique geography of our region creates this small patch of EEZ between two areas of state controlled water. Striped bass fishing has been banned in the EEZ since 1990. Meanwhile, commercial and recreational fishing for dozens of species are permitted in the EEZ, further adding to the confusion of local anglers.

Because addressing this issue is one of the top priorities of Long Island fishermen, I have reintroduced my bill to reform our current laws as the Local Fishing Access Act (H.R. 1195). Last Congress, this bill passed the House with unanimous bipartisan support as H.R. 3070, the EEZ Clarification Act. The Local Fishing Access Act would reform the federal law that bans striped bass fishing in the Block Island transit zone, which are federal waters between Montauk, New York, and Block Island, Rhode Island. This bill will provide Long Island anglers with relief from confusing regulations, and allow Long Island’s fishermen to once again enjoy commercial and recreational striped bass fishing in these local waters just like they do in adjacent state controlled waters.

Read the full opinion piece at the Long Island Business News

Legal Fight in New York Offshore Wind Farm Case Continues on Merits; Request for Preliminary Injunction Denied

WASHINGTON — February 16, 2017 — The following was released by the Fisheries Survival Fund:

The U.S. District Court for the District of Columbia decided late Wednesday not to grant a preliminary injunction in the lawsuit brought by a host of fishing communities, associations and businesses—led by scallop industry trade group the Fisheries Survival Fund—against the impending leasing of the New York Wind Energy Area to Statoil Wind of Norway. The suit alleges the U.S. Bureau of Ocean Energy Management (BOEM) leasing process did not adequately consider the impact of wind power development in the waters off Long Island, New York on the region’s fishermen.

The fishing industry asked that the court temporarily halt BOEM from proceeding with the final ratification of a lease on the area, which was preliminarily awarded to Statoil, Norway’s state oil company, for $42.5 million.

“Getting a preliminary injunction granted is difficult, given the high standards that the court applies,” said Mayor Kirk Larson of Barnegat Light, N.J., one of the plaintiffs in the case. “But our case will continue, and we are confident that we will succeed on the merits.”

The ruling explained that a preliminary injunction is an extraordinary and drastic remedy, that the standard for proving irreparable harm is “particularly high” in the D.C. Circuit, and that plaintiffs must prove that their injuries are “certain, great, actual and imminent.”

However, the court remarked that it “maintains its authority to ultimately enjoin the lease in this litigation if necessary,” and noted that Statoil is aware that its proposals for the wind farm may be rejected and that it may never construct or operate such a facility.

“While the court didn’t find that the issuance of this lease would cause immediate and irreparable harm to fishermen, it remains true that the ultimate construction and operation of a wind farm will have devastating effects on our industry, the environment, and marine resources,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in Montauk, N.Y., another plaintiff in the case. “We have made it clear to the government and Statoil that fishermen will not be ignored in this debate.”

The ruling stated that the fishing industry offered numerous arguments for why the environmental analyses prepared by BOEM were defective, and in violation of the agency’s statutory and regulatory requirements, including that it failed to analyze the actual construction and operation of a wind facility and further failed to consider other potential locations for the wind facility.

The court also noted that when the draft environmental assessment was published in the Federal Register for public comment in June 2016, many members of the fishing industry submitted comments about how a wind facility in the proposed lease location would harm their fishing interests and the marine habitat in that area.

BOEM had argued that the proper time to assess environmental impacts of construction is years from now, after a Construction and Operations Plan is approved, but the court cited precedent in the D.C. circuit that suggests the proper time for the agency to consider these environmental impacts may be “at the present stage.”

The ruling also looked at the balance between the interests of each side.  The government argued that the public interest supported its wind energy leasing program, and the financial interest in the lease, while the fishing industry argued that the public interest is best served by allowing the industry to continuing commercial fishing activity. The court found that the balance did not favor either side.

“The fishing industry and the public already have a vested interest in these areas,” said Meghan Lapp, Fisheries Liaison for Seafreeze Ltd. in Point Judith, R.I., which is also a plaintiff in the case. “This will have a significant negative impact on the squid industry and the state of Rhode Island, which lands more calamari than all other East Coast states combined. BOEM can not be allowed to ignore American small businesses and the American people.”

Read the court’s decision at Saving Seafood

Attorneys for Fishing Industry in Wind Farm Lawsuit Discuss Case on New Bedford Radio

February 14, 2017 (Saving Seafood)– On Monday, attorneys representing the plaintiffs in the lawsuit against a proposed wind farm off the coast of Long Island discussed the case with WBSM New Bedford host Phil Paleologos. The attorneys, David Frulla and Andrew Minkiewicz, represent a group of fishing businesses, associations, and municipalities, led by the Fisheries Survival Fund, a scallop industry trade group.

The lawsuit alleges that the Bureau of Ocean Energy Management (BOEM) did not properly consider the impact the proposed wind far would have on area fisheries when they awarded a multi-million dollar wind energy lease to Statoil, a Norwegian oil company. The proposed wind farm would occupy some of the most important fishing grounds in the Atlantic, potentially causing serious harm to local fisheries.

Listen to the full interview here

Read more about the lawsuit here

FISHING GROUPS, TOWNS SUE TO BLOCK OFFSHORE WINDFARM

February 10, 2017 — Commercial fishing companies, trade groups, and seaport communities in four states are fighting against the development of a massive offshore windfarm planned to be built in the Atlantic Ocean.

The group is requesting courts block the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) from auctioning the rights to develop the project. The coalition, which includes the cities of Narragansett, Rhode Island and New Bedford, Massachusetts, filed a petition to block the lease in federal court in Washington, DC in early December 2016, arguing BOEM offered the lease without adequately considering the harm to the fishermen who have traditionally worked the area for scallops and squid.

On December 16, the court provisionally allowed the auction to proceed. Norwegian state-owned oil company Statoil won, paying approximately $42.5 million for the right to build a wind farm with as many as 194 turbines across nearly 80,000 acres in the ocean off the coasts of New Jersey and New York.

The group amended its lawsuit, asking the court to provide a temporary restraining order and preliminary injunction to prevent BOEM taking the necessary next step with the provisional lease. The court agreed to consider the motion, setting February 8, 2017, as the date to hear the plaintiffs’ arguments.

Read the full story at The Heartland Institute  

Hope After Tragedy: New Stranded Marine Mammal Plan Coming After Humpback Whale Euthanized

February 7, 2017 — Hope was born from tragedy at a community meeting to discuss the stranding, and eventual euthanization of a humpback whale in Moriches Bay that left hearts broken and fueled residents to ignite a fire for change.

More than 100 residents turned out Tuesday at a community meeting organized to present information related to the November 2016 stranding of a humpback whale in Moriches Bay, which took place at Brookhaven Town Hall in Farmingville.

“We were really pleased to see such a strong turnout and to hear from so many people. We look forward to working with the passionate Long Island community and our local stranding partners to develop new resources and new capacity for marine mammal stranding response,” said Jennifer Goebel, media relations, National Oceanic Atmospheric Administration.

Read the full story at the Westhampton Patch

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