New York Archives - Page 59 of 75

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

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

NEW YORK’S OCEAN ACTION PLAN

February 7, 2017 — New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos recently announced the release of the State’s final Ocean Action Plan, the first-ever comprehensive 10-year blueprint to guide the protection and conservation of New York’s ocean resources from environmental threats such as ocean acidification due to climate change. The plan was developed with input from a variety of state agencies, as well as ocean-related advocacy and industry organizations.

“New York’s Ocean Action Plan acknowledges the need to better understand how current and future uses of the ocean may impact the ocean ecosystem,” said DEC Commissioner Basil Seggos. “New York’s ocean region is a critical resource for 13 million people, nearly 60 percent of the state’s population, who live along the coast. From carbon sequestration to storm resiliency, a healthy coastal environment is a necessity for coastal communities.”

Read the full story at The Fisherman

NEW YORK: Community Meeting On Stranded Humpback Whale Takes Place Tuesday

February 6, 2017 — An agenda has been released for Tuesday’s community meeting organized to present information related to the November 2016 stranding of a humpback whale in Moriches Bay.

According to the National Oceanic Atmospheric Administration Fisheries Greater Atlantic Region division, a community meeting will take place on Tuesday from 4 p.m. to 6 p.m. at Brookhaven Town Hall, located at 1 Independence Hill in Farmingville.

The meeting is free and open to the public. The goal, organizers say, is to “provide an overview of the incident, lessons learned, and plans for future responses in New York for community members. Panelists will also receive comments and questions from the community.”

The agenda will include a welcome from Congressman Lee Zeldin’s staff, presentations, an event timeline, history and challenges of large whale response, a discussion of humpback whale biology and an overview of current research initiatives, lessons learned and an overview of planning initiatives and new collaborations, and comments, questions and answers with panel members.

Read the full story at the Westhampton Patch

Commercial fishing representative discusses new South Fork Wind Farm with Richard Rose on CBS New York

January 31st, 2016 — On January 25th, the Long Island Power Authority approved the South Fork Wind Farm, a new wind development off the coast of Long Island. On January 30th, Bonnie Brady, the executive director of the Long Island Commercial Fishing Association, sat down with Richard Rose on CBS New York to discuss the adverse impact the new project would have on local fish and fishermen.

Located 30 miles southeast of Montauk, New York, the South Fork Wind Farm will cost $740 million to construct the wind farm that will stretch over a 15 square mile area. In the interview Ms. Brady noted that the project would come at the expense of the many nearby fisheries, including the “most healthy stock of cod in the Northeast,” fluke, scallops, monkfish, and over 30 other different species of fish.

Specifically, Ms. Brady cited the threat to local fish stocks from a construction process known as “pile driving,” which emits a loud sound that injures, and can kill, nearby fish and marine mammals. In addition, the process plows six feet beneath the ocean floor, dispersing sediment and killing larvae as a result of a large increase in pressure.

“Pile driving kills anything with a swim bladder within three-quarters of a mile. When you puncture a swim bladder, you don’t float, you sink,” Ms. Brady said. “If you’re at the bottom of the ocean because you’re a ground fish to begin with you’re not going to be coming up.”

Ms. Brady continued that these fishing areas would be very difficult for local fishermen to replace.

“Fishermen go to the areas where fish are, specifically based on temperature and bait. And as a result, during certain times of the year they move offshore and onshore,” Ms. Brady clarified in the interview.

Ms. Brady also took issue with the lack of consultation with the commercial fishing industry before approval of the wind farm. She explained that wind farm proponents failed to reach out to the commercial fishing industry to assess areas of economic importance or high environmental sensitivity that should be excluded from the wind farm area.

As fishing vessels often have difficulty navigating the wind turbine array, a return to the area can be problematic.

“The reality is we as fishermen depend upon the fish, not only for this generation but for generations in the future,” Brady said. “We, more than anyone else, know what goes on underneath the waterline because we are the ones who follow the fish and catch them in providing food for the nation.”

Watch the full interview at CBS New York

Atlantic Cobia (Georgia to New York) Recreational Fishing Season is Closed in Federal Waters

January 26, 2017 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

Recreational harvest of Atlantic migratory group cobia (from Georgia to New York) closed at 12:01 a.m. on January 24, 2017. Recreational harvest of cobia will remain closed until January 1, 2018.

WHY THIS CLOSURE IS HAPPENING:

In 2016, the recreational and total annual catch limits of Atlantic migratory group cobia were exceeded. Therefore, the 2017 recreational season must account for this overage.
When landings of Atlantic migratory group cobia exceed annual catch limits, accountability measures are in place to ensure overfishing (rate of removal is too high) does not occur. If total landings (commercial and recreational) for the Atlantic migratory group cobia exceed the total annual catch, NOAA Fisheries is required to reduce the length of the recreational fishing season in the following fishing year.
With the understanding that recreational harvest of cobia will remain open in some state waters during the federal closure, NOAA Fisheries has determined that the annual catch limit in 2017 will likely be exceeded as the majority of cobia landings come from state waters.
NOAA Fisheries will reevaluate the federal closure if state regulations change in 2017.

DURING THE CLOSURE:

During the closure, recreational harvest of cobia is prohibited in federal waters from Georgia through New York. Cobia off the east coast of Florida are part of the Gulf of Mexico migratory group.
This closure only applies to the recreational sector. The possession limit of two cobia per day remains in effect for Atlantic cobia that are sold in state or federal waters.

This bulletin provides only a summary of the existing regulations. Full regulations can be found in the Federal Register or here.

Read the complete Fishery Bulletin, including a list of Frequently Asked Questions available from the NOAA Fisheries Southeast Regional Office website.

Warming Signs: Climate Change Means A Sea Change for Fishermen and Scientists

January 23, 2017 — Lobsters used to lurk in the waters of Long Island. But these days, New York fisherman have trouble finding any—while their peers 500 miles away in Maine are seeing bumper crops. Instead, the lobstermen of Long Island now catch more crabs and other shellfish—which, in turn, leaves crabbers further down the East Coast worried about the future of their own livelihoods.

Last week I wrote about how climate change is prompting a fish migration that will directly affect what’s served—or not served—for dinner. But these rapid marine changes won’t just affect our appetites; they also represent a sea change for the fisherman and communities that depend on the sea for jobs and income.

Fishing Regulations Struggle to Catch Up

Of course, catching new fish in your usual fishing haunt is trickier than just changing your bait. Regulations guide what you may catch and how much of it, usually state by state—and they aren’t changing as fast as the environment is. John A. Manderson, a research biologist at the NOAA (the National Oceanic and Atmospheric Administration), noted that sea creatures are moving north 10 times faster than their land-based animals.

“Our ideas of property rights and laws are purely land-based,” Manderson told The New York Times. “But the ocean is all about flux and turbulence and movement.”

To get around these increasingly obsolete laws, some fishermen are catching fish further north and then traveling to areas where it is legal to bring large quantities to shore. Such slippery adherence to regulations sparked mackerel wars in the North Sea back in 2010, and the dispute wasn’t settled for four years.

Furthermore, such an expensive round-about the law is not an option for everyone, especially those with smaller fishing operations.

Read the full story at Paste Magazine