Saving Seafood

Expert: More Whale Sightings May Mean Less Pollution In NY Waterways

December 19, 2016 — RYE, N.Y. — It’s a majestic sight — a living creature, larger than a city bus,  breaching, frolicking in the the water close to shore.

Whale sightings are on the rise in the New York area, with sightings along the Long Island Sound, the ocean beyond the narrows and occasionally along the Hudson River.

In November, a wayward humpback whale dazzled spectators with binoculars as it swam up the Hudson near the George Washington Bridge, WCBS 880’s Sean Adams reported.

In October, several whales were spotted swimming off the shores of Rockaway Beach in Southern Queens, and back in August, a mother and daughter had a close encounter with a 24-foot whale off the Jersey Shore.

Whales have also been returning to the Long Island sound.

The whales are following their stomachs — searching for fish that thrive in local waters.

Read the full story at CBS New York

NOAA approves Mid-Atlantic deep-sea coral canyons for protection

December 16, 2016 — Vulnerable deep-sea corals off Virginia and along the Mid-Atlantic just got final approval for federal environmental protection by the National Oceanic and Atmospheric Administration.

The move will protect a 38,000-square-mile swath of sea bottom from New York to the North Carolina border, or an area roughly the size of the state of Virginia. The Mid-Atlantic Fishery Management Council initiated the action for the deep-sea coral zone in 2015.

 Many of these corals grow in underwater canyons, including Norfolk Canyon — a steep gouge in the side of the Continental Slope about 70 miles off Virginia Beach.

John Bullard, administrator for NOAA’s Greater Atlantic Regional Fisheries Office, said the action represents the efforts of a wide variety of stakeholders.

“This is a great story of regional collaboration among the fishing industry, the Mid-Atlantic Council, the research community and environmental organizations to protect what we all agree is a valuable ecological resource,” Bullard said in a statement.

The Mid-Atlantic Fishery Management Council is one of eight regional bodies empowered by Congress in the 1970s to manage fisheries off the U.S. coast. It moved in June 2015 to adopt the Deep Sea Corals Amendment.

Bob Vanasse, executive director of Saving Seafood, a D.C.-based group that represents the commercial fishing industry, also praised the final designation Thursday as an example “of the right way to protect these resources.”

“This is a situation where the industry came together with the council, with NOAA and with environmentalists and came up with a plan that created a compromise that everyone could live with,” Vanasse said in a phone interview. “It’s a bright, shining example of how to do it right.”

Read the full story at The Daily Press

To protect coral, bottom fishing gear banned near Delaware’s coast

December 16th, 2016 — The National Oceanic and Atmospheric Agency is banning commercial fishing gear that could drag along the seafloor in part of the Atlantic Ocean – including a portion 66 miles off the Delaware coast.

Deep-sea coral can live for hundreds to thousands of years, but once they are damaged, they can take decades or even centuries to re-grow.

To ensure these corals can live undisturbed, a section of the Atlantic Ocean from New York to Virginia – about the size of Virginia – has been designated as “protected”. The protected area is about 66 miles from Delaware’s shore and covers a portion of the Baltimore Canyon. Joseph Gordon, Pew Charitable Trust’s manager of U.S. northeast oceans, said that means fishing gear that reaches down to the depths that deep-sea coral inhabit would not be allowed to operate there.

“They’ve lived a long time but they live in an environment that is cold, with huge pressure, without light,” Gordon said, about the coral. “And so fishing technology could damage them in a way that could take centuries to recover from.”

Some bottom-fishing technologies include rockhoppers and canyon-busters. They are designed to roll over boulders and canyons, and according to Oceana, they can weigh at least several hundred pounds. NOAA authorizes the gear that fishermen can use for commercial fishing, and documented almost 1,000 bottom-fishing technologies in use in the Mid-Atlantic region in 2016. That is up from 630 documented in 2013.

Read the full story at Delaware Public Media 

Alternative Energy Collides With Fishermen’s Livelihood Off Long Island

December 15, 2016 — The following is excerpted from an article published in the Wall Street Journal yesterday. It was written by Joseph De Avila:

The federal government on Thursday plans to auction off a parcel of 79,000 acres in the Atlantic Ocean just south of Long Island to build a wind farm over fishing grounds that scallop and squid fishermen say are vital to their trade.

Bidders hope to secure a 25-year lease to operate a wind farm, to sell the electricity to energy-hungry Long Island and the New York City region. Offshore wind is a big part of Governor Andrew Cuomo’s plan for New York to get half of its energy from alternative sources by 2030.

But the commercial fishing industry opposes building wind turbines on this particular stretch of the Atlantic Ocean, which is sandwiched between shipping lanes into and out of the New York harbor. “We are very afraid we are going to lock up an area of the bottom that is definitely favorable for scallop settlement,” said James Gutowski, a scallop fisherman from Barnegat Light, N.J., and chairman of the Fisheries Survival Fund.

Members of the fishing industry say the Bureau of Ocean Energy Management didn’t adequately consider what the impact would have on scallop and squid fishing grounds. The Fisheries Survival Fund and other members of the fishing industry filed a lawsuit last Thursday in a Washington, D.C., federal court seeking an injunction to block the lease from going into effect.

The Bureau of Ocean Energy Management has already removed about 1,780 acres from the lease area after the National Marine Fisheries Service flagged that parcel as a sensitive habitat and a prime commercial fishing spot.

The bureau also has awarded 11 offshore wind leases so far, including sites off Massachusetts, Delaware and Virginia. The developers for each of those projects are currently conducting site assessments, according to the bureau, which declined to comment on the lawsuit. A hearing is set for February. Other plaintiffs include the Garden State Seafood Association and the Long Island Commercial Fishing Association.

Offshore-wind developer Deepwater Wind, based in Rhode Island, began operating the first offshore wind farm in the U.S. on Monday off Block Island, R.I., near the tip of Montauk. It also has a site located between Montauk and Martha’s Vineyard, Mass., that it plans to build in phases. The first phase could begin construction in 2019 and would provide enough energy for more than 50,000 homes for Long Island’s South Fork.

A 2011 plan for the strip of the Atlantic Ocean, located about 11.5 miles from Jones Beach, called for building 194 turbines that would generate enough electricity to power 245,000 homes. But today’s improved wind technology could generate even more power, according to the U.S. Bureau of Ocean Energy Management, which is managing the auction. “There is significant market demand” in the region, said Tracey Blythe Moriarty, a bureau spokeswoman.

Some 14 organizations have qualified to bid during Thursday’s auction, including the New York State Energy Research and Development Authority, or NYSERDA. The authority is the first state entity to participate in a federal offshore wind auction, according to the Bureau of Ocean Energy Management.

Read the full story at The Wall Street Journal 

Legal Proceedings Preserve Fishing Industry Rights as New York Wind Energy Lease Sale Proceeds

December 15, 2016 — The following was released by the Fisheries Survival Fund:

Last week, a group of fisheries organizations, communities and businesses filed suit against the Bureau of Ocean Energy Management (BOEM), seeking a temporary restraining order to delay today’s auction of leasing rights to the proposed New York Wind Energy Area. The suit also sought a preliminary injunction to prevent BOEM from executing any resulting wind energy lease.

The plaintiffs allege that BOEM did not adequately consider the effect on the region’s fishermen of a 127-square-mile wind farm off the coast of New York and New Jersey.

Subsequently, a scheduling agreement was reached between the parties that allows the court to take adequate time to deliberate carefully on the case’s important issues. The plaintiffs agreed to withdraw their motion for a temporary restraining order that would have delayed the scheduled auction. Although the auction is proceeding today, under BOEM’s final sale notice for the auction, the lease will not be final until further steps, as outlined in the sale notice, are completed.

On Monday, Judge Tanya Chutkan of the United States District Court for the District of Columbia set a court schedule on the plaintiffs’ motion to preliminarily enjoin BOEM’s execution of any lease resulting from today’s auction. The schedule concludes with a hearing in Federal court on February 8.

Under Judge Chutkan’s order, if the lease is ready to be executed before the court is able to rule on the plaintiffs’ preliminary injunction motion, BOEM must provide the court no less than 14 days notice. If that notice is provided, the preliminary injunction proceedings will be expedited.

The Fisheries Survival Fund, representing the majority of the U.S. Atlantic scallop industry, is the lead plaintiff in the case. The lease area includes documented scallop and squid fishing grounds, which serve 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.

Other organizations joining as plaintiffs 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.

Joining as plaintiffs are the City of New Bedford, Mass.; the Borough of Barnegat Light, N.J.; and the Town of Narragansett, R.I.

Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA and The Town Dock.

Hearing Postponed; New York Wind Auction To Proceed As Planned

December 14, 2016 — The U.S. Department of the Interior’s (DOI) Bureau of Ocean Energy Management (BOEM) has reportedly come to an agreement with fishermen groups that recently filed a lawsuit to delay the upcoming lease sale of the New York Wind Energy Area.

The Fisheries Survival Fund (FSF) was the lead plaintiff in a suit seeking a preliminary injunction to delay the lease sale for the development of an offshore wind project located approximately 11 miles off the coast of Long Island, N.Y.

The lease sale, scheduled for this Thursday, can now proceed as planned, reports the Associated Press, which says the lawsuit has been delayed so that both parties can have more time to prepare more documents. A hearing is now scheduled for Feb. 8, 2017.

Read the full story at North American Windpower

Proposed Atlantic wind energy lease auction to proceed

December 13th, 2016 — The federal government’s plan to auction the development rights to a huge offshore windfarm in the Atlantic Ocean between New York and New Jersey will proceed Thursday.

Groups representing the fishing industry in four states sought to delay the auction. But an agreement between the groups and the Bureau of Ocean Energy Management will allow it to proceed.

A lawyer for the fishing groups says they still will be able to seek a halt to the final sale during a federal court proceeding now scheduled for Feb. 8, 2017.

Andrew Minkiewicz says the delay gives both sides more time to submit documents. A judge in Washington, D.C., agreed to the plan Monday.

The groups, including scallop fishermen, claim the 127-square-mile project would harm their business.

A BOEM spokeswoman declined comment.

Read the full story from the Associated Press at the New Jersey Herald 

Commercial fishermen ask court to block NY offshore wind energy lease

December 12, 2016 — Commercial fishing industry groups are asking a federal court to delay a planned Dec. 15 federal lease auction of 127 sq. mi. of seafloor off New York for wind energy development.

Led by the Fisheries Survival Fund, representing the East Coast sea scallop fleet, the organizations – joined by coastal towns where fishing is a major employer – seek an injunction against U.S. Interior Secretary Sally Jewell and the Bureau of Ocean Energy Management.

The move comes after months of circling by BOEM and commercial fishing interests from Massachusetts and New Jersey – including the prosperous sea scallop industry, which has enjoyed historic abundance and high prices for the shellfish. They fishermen were joined in the action by Narragansett, R.I., New Bedford, Mass., and Barnegat Light, N.J., where fishing provides good employment.

In their complaint, the critics say BOEM “grossly underestimated” the level of fishing activity in the proposed New York Wind Energy Area, a shortcoming industry advocates tried to remedy by providing tracking data from boats towing for scallops and squid.

Fishermen say the results show “spaghetti tracks” demonstrating that proposed lease areas are important fish habitat and seafood sources.  In court papers, captain James Lovgren from the Fishermen’s Dock Cooperative in Point Pleasant Beach, N.J., recounted bringing plotter data to BOEM that showed “the proposed windmill site was completely covered by track marks from the vessels.”

Lovgren says he and other fishermen were not notified of subsequent public listening sessions held by BOEM, despite having provided their contact information.

Read the full story at WorkBoat

NEW BEDFORD STANDARD-TIMES: The long view on offshore wind

December 12, 2016 — A consortium of entities with fishing interests – including the City of New Bedford – aims to block Thursday’s auction for wind rights in the ocean off of Long Island, claiming the fishing industry hasn’t had a full seat at the table.

One can readily see the value in the Edison’s saying above by comparing how the steadily advancing offshore wind industry has been greeted by fishing interests in New York and Massachusetts. While the federal government has been less than perfect in its consideration of Northeast fishing resources – see the recent ocean monument designations as an example where fishing interests’ reasonable options were ignored to the detriment of future harvests – the auctions that produced three leases for wind farms off the Massachusetts coast demonstrated effective outreach from the Bureau of Ocean Energy Management to fishermen. As a result, Massachusetts sits prepared, ready to answer when opportunity knocks, and New York is on tenterhooks.

This example illustrates the strategic commitment made in the Bay State and that has been broadly demonstrated regarding offshore wind. From academics and job training, to infrastructure and research, the coordination being described by varied activities should be cause for patient, measured optimism here.

Business and political leaders here have recognized that there are numerous assets waiting to be plugged in to the massive system required to support a mature and significant offshore wind industry. They have so far been patient enough to develop synergies organically.

Workforce development has begun with wind-specific programs in Bristol Community College and UMass Dartmouth, and at UMass Amherst, where wind energy research and development were born in 1971. The industry will benefit from the theoretical in Amherst to the most practical at UMass Dartmouth, where graduate programs in environmental policy and law help the legal framework to evolve, and where the rapidly expanding School of Marine Science and Technology provides unique, invaluable expertise on the geology and biology where turbines will be installed, in its backyard, so to speak.

Similarly, improvements to railways into New Bedford and assessments of waterfront land use will pay off as state assets like New Bedford’s South Terminal and the Charlestown blade testing facility become more and more useful.

Read the full editorial at the New Bedford Standard-Times

Fishermen Hit Feds With Lawsuit Over Wind Lease Sale

December 9th, 2016 — A lawsuit has been filed against the U.S. Department of the Interior (DOI) and Bureau of Ocean Energy Management (BOEM) in an effort to delay the anticipated lease sale of the New York Wind Energy Area.

The Fisheries Survival Fund (FSF), which says it represents the majority of the limited-access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay the lease sale for the development of an offshore wind project located approximately 11 miles off the coast of Long Island, N.Y. The lease sale is scheduled for Dec. 15.

The suit was filed against Sally Jewell, DOI secretary, and Abigail Hopper, BOEM director.

The filing alleges that the leasing process for BOEM did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen.

According to the FSF, the site is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serve as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder.

The group also claims it is 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 Dec. 15 lease sale – despite repeated feedback from concerned fishing stakeholders.

Read the full story at North American Wind Power