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East Coast Fishing Coalition Continues Legal Challenge to Planned Wind Farm Off New York

WASHINGTON — December 1, 2017 — The following was released by the Fisheries Survival Fund:

A coalition of East Coast fishing businesses, organizations, and communities, led by the Fisheries Survival Fund (FSF), has taken the next step in its legal challenge to a planned wind farm off the coast of New York. FSF and its co-plaintiffs argue that the Bureau of Ocean Energy Management (BOEM) awarded the lease for the New York Wind Energy Area (NY WEA) to Norwegian energy company Statoil without fully considering the impact on fishermen and other stakeholders, in neglect of its responsibilities as stewards of ocean resources.

The plaintiffs outlined their arguments in a brief filed Tuesday in the United States District Court for the District of Columbia. In the brief, FSF criticizes BOEM’s claim that it is not the agency’s job to resolve conflicts among new and pre-existing ocean users in the NY WEA. In an October filing, BOEM wrote that it is “not the ‘government steward of the ‘ocean commons,’’” a claim that FSF calls “unbecoming.” In fact, BOEM’s own website states: “The bureau is responsible for stewardship of U.S. [Outer Continental Shelf] energy and mineral resources, as well as protecting the environment that development of those resources may impact.”

FSF also writes that the NY WEA, an expanse of ocean nearly twice the size of Washington, D.C., is a poor location for a wind farm, and that BOEM and Statoil have alternately claimed that it is both too early and too late to raise objections to the lease. Statoil previously stated that vacating the lease would “squander the resources and the five years that BOEM has expended to date in the leasing process,” even as BOEM promises it will consider measures to mitigate the impacts of a wind farm later in the process. By then, after more time and resources have been expended, a wind farm “will be all but a foregone conclusion,” FSF writes.

Additionally, FSF argues that evaluating alternatives and considering conflicting ocean uses from the start would ultimately benefit BOEM and energy developers, ensuring they do not expend vast resources developing poorly located wind farms. The brief cites the ongoing debacle over the Cape Wind energy project, an approved wind farm off Cape Cod, Massachusetts, as an example of what can go wrong when BOEM and a developer ram through an agreement and become too invested to turn back. After the project “slogged through state and federal courts and agencies for more than a decade,” delays and uncertainty have jeopardized, if not eliminated, Cape Wind’s financing and power purchase agreements, according to the brief.

The plaintiffs in this case are the Fisheries Survival Fund; the Borough of Barnegat Light, New Jersey; The Town Dock; Seafreeze Shoreside; Sea Fresh USA; Rhode Island Fishermen’s Alliance; Garden State Seafood Association; Long Island Commercial Fishing Association; the Town of Narragansett, Rhode Island; the Narragansett Chamber of Commerce; the City of New Bedford, Massachusetts; and the Fishermen’s Dock Co-Operative of Point Pleasant, New Jersey.

While the fishing groups hold wide-ranging views about offshore wind energy development, they all agree that the siting process for massive wind energy projects “should not be a land rush, but rather reasoned, fully informed, intelligent, and cognizant of the human environment,” according to the brief.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to Virginia. FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully rebuilt fishery. FSF also works with the federal government to ensure that the fishery is responsibly managed.

UMass Dartmouth to study offshore wind and commercial fishing

November 27, 2017 — DARTMOUTH, Mass — What’s the best way for offshore wind and commercial fishing to coexist? Are there ways the two sectors can help each other? What are the challenges?

A new “blue economy” initiative will take a hard look at those questions.

The research will be conducted at the School for Marine Science and Technology at the University of Massachusetts Dartmouth, through the Massachusetts Marine Fisheries Institute.

Faculty and their students plan to focus on how offshore wind farms can coexist with other ocean-based industries, according to an announcement. The researchers will also look at wind resource assessment, energy forecasting, supply chain development, technological innovations, and the intersection of offshore wind and shipping.

Read the full story at The Republican

UMass to study how fishing and wind industries can ‘coexist’

November 20, 2017 — DARTMOUTH, Mass. — The University of Massachusetts at Dartmouth is hoping to launch a new research project on how the offshore wind and commercial fishing industries can coexist.

The university said last week that creation of the “Blue Economy Initiative” is made possible by a $1 million commitment from Deepwater Wind, a Rhode Island-based company hoping to become a major player in the state’s nascent offshore wind industry.

Read the full story by the Associated Press at The Boston Globe

The Future Of Offshore Wind Farms In The Atlantic

November 13, 2017 — Fishermen are worried about an offshore wind farm proposed 30 miles out in the Atlantic from Montauk, New York, 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 pulls out of a Montauk marina at 2 a.m. and spends the next two-and-a-half hours motoring to an area about 14 miles out into the Atlantic. Then, with the help of his two-man crew, spends about 10 hours 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 gives me an earful about state and federal regulations, but the thing that really has his dander up these days 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.”

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.

Read the full story at WSHU

 

MASSACHUSETTS: New Bedford meeting brings wind, fishing industries together

October 5, 2017 — NEW BEDFORD, Mass. — Jim Kendall painted the city’s streets with snow when he articulated how fishermen may feel about offshore wind during a meeting Wednesday that brought both sides together.

As a child on SouthCoast, Kendall spent his snow days sledding on the streets.

“You just can’t do stuff like that anymore,” he said.

He’s seen the same influx in traffic on the ocean in his evolution from fisherman to fishermen representative for Vineyard Wind. Time has added stock limits, marine monuments and the latest is offshore wind. More traffic equates to more difficulty fishing.

“That’s part of the problem,” Kendall said. “There’s constraints now where there never were earlier.”

Both offshore wind and commercial fishing understand neither is leaving the ocean. So John Quinn chaired a New England Fisheries Management Council habitat committee meeting in New Bedford, which invited offshore wind representatives.

“My general policy view is I’m viewing wind as complementing not replacing fishing,” Quinn said. “That balance is why we’re having meetings, seminars and symposiums about it.”

Read the full story at the New Bedford Standard-Times

Fishing Groups and Communities Move Forward with Suit Against NY Wind Farm

WASHINGTON — September 19, 2017 — The following was released by the Fisheries Survival Fund:

A group of fishing organizations, businesses, and communities, led by the Fisheries Survival Fund (FSF), has moved forward with its lawsuit to halt the leasing of a planned wind farm off the coast of New York. The suit, filed against the Department of the Interior’s Bureau of Ocean Energy Management (BOEM), is seeking summary judgment and requesting the court to invalidate the lease, which was awarded to the Norwegian firm Statoil to develop the New York Wind Energy Area (NY WEA).

BOEM’s process for awarding the lease failed to properly consider the planned wind farm’s impact on area fish populations and habitats, shoreside communities, safety, and navigation. This violates the National Environmental Policy Act (NEPA), which requires an assessment of these impacts before issuing the lease, in conjunction with a full Environmental Impact Statement and an evaluation of alternative locations for any proposal.

BOEM’s failure to consider the impacts to fisheries, safety, navigation and other natural resources in the NY WEA prior to moving forward with the leasing process also violates the Outer Continental Shelf Lands Act (OCSLA), which charges BOEM with considering and providing for existing ocean users. And BOEM’s actions violate the Administrative Procedure Act, which prohibits agencies from acting in ways that are arbitrary, capricious, and contrary to law.

The site for the proposed wind farm includes key scallop, squid, and other Atlantic fishing grounds, as well as ocean habitats that are crucial for species such as loggerhead sea turtles, right whales, black sea bass and summer flounder. Because of how BOEM’s leasing process unfolds, the wind farm’s expected impacts on natural resources and those who rely on them will not be examined until the project is nearing completion.

“The plaintiffs in this case believe sensible wind energy development and fishing can co-exist,” said David Frulla, who is representing FSF and the other plaintiffs in the case. “But any offshore energy project must first meaningfully consider the impact on the habitats, marine species, and economic interests that may be harmed before selecting a wind farm site and issuing a lease to a private developer.”

FSF and the other plaintiffs sought a preliminary injunction against the $42.5 million lease before it was awarded in December 2016. While the judge presiding over the case stated that “the proper time for the agency to consider these environmental impacts may be at the present stage,” the request for a preliminary injunction was denied, as the judge did not believe it met the high standard of causing immediate harm that could not later be undone by a subsequent decision on the lease.

Following the plaintiffs’ filing last week, the federal government and Statoil are due to file their own cross-motions for summary judgment, and responses to the plaintiffs’ brief, in the coming months. The U.S. District Court for the District of Columbia will then make a decision on the merits.

The Fisheries Survival Fund is the lead plaintiff in the case. The organizations and businesses that have joined the suit are 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, Rhode Island Fishermen’s Alliance, SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock in Rhode Island.

Municipalities that have joined the suit are the City of New Bedford, Mass.; the Borough of Barnegat Light, N.J.; and the Town of Narragansett, R.I.

NEW YORK: Governor Andrew Cuomo’s preposterous renewable-energy plan threatens Long Island’s fishing industry.

August 28, 2017 — Nat Miller and Jim Bennett didn’t have much time to chat. It was about 8:45 on a sunny Sunday morning in early May, and they were loading their gear onto two boats—a 20-foot skiff with a 115-horsepower outboard, and an 18-foot sharpie with a 50-horse outboard—at Lazy Point, on the southern edge of Napeague Bay, on the South Fork of Long Island. “We are working against the wind and the tide,” Miller said as he shook my hand.

The men had already caught a fluke the size of a doormat and were eager for more. Miller and Bennett are Bonackers, a name for a small group of families who were among eastern Long Island’s earliest Anglo settlers. The Bonackers are some of America’s most storied fishermen. They’ve been profiled several times, most vividly by Peter Matthiessen in his 1986 book Men’s Lives. Miller’s roots in the area go back 13 generations, Bennett’s 14. That morning, Miller and Bennett and five fellow fishermen were heading east to tend their “pound traps,” an ancient method of fishing in shallow water that uses staked enclosures to capture fish as they migrate along the shore. Miller and Bennett were likely to catch scup, bass, porgies, and other species.

If Governor Andrew Cuomo gets his way, though, they and other commercial fishermen on the South Fork may need to look for a new line of work. An avid promoter of renewable energy, Cuomo hopes to install some 2,400 megawatts of wind turbines off New York’s coast, covering several hundred square miles of ocean; a bunch of those turbines will go smack on top of some of the best fisheries on the Eastern Seaboard. One of the projects, led by a Manhattan-based firm, Deepwater Wind, could require plowing the bottom of Napeague Bay to make way for a high-voltage undersea cable connecting the proposed 90-megawatt South Fork wind project to the grid. The proposed 50-mile cable would come ashore near the Devon Yacht Club, a few miles west of the beach on which we were standing. “I have 11 traps, and all of them run parallel to where that cable is proposed to be run,” Miller says. “My grandfather had traps here,” he adds before shoving his skiff into the water. “I want no part of this at all.”

The mounting opposition to the development of offshore wind in Long Island’s waters is the latest example of the growing conflict between renewable-energy promoters and rural residents. Cuomo and climate-change activists love the idea of wind energy, but they’re not the ones having 500-, 600-, or even 700-foot-high wind turbines built in their neighborhoods or on top of their prime fishing spots. The backlash against Big Wind is evident in the numbers: since 2015, about 160 government entities, from Maine to California, have rejected or restricted wind projects. One recent example: on May 2, voters in three Michigan counties went to the polls to vote on wind-related ballot initiatives. Big Wind lost on every initiative.

Few states demonstrate the backlash better than New York. On May 10, the town of Clayton, in northern New York’s Jefferson County, passed an amendment to its zoning ordinance that bans all commercial wind projects. On Lake Ontario, a 200-megawatt project called Lighthouse Wind, headed by Charlottesville, Virginia–based Apex Clean Energy, faces opposition from three counties—Erie, Niagara, and Orleans—as well as the towns of Yates and Somerset. An analysis of media stories shows that, over the past decade or so, about 40 New York communities have shot down or curbed wind projects.

Read the full story at the City Journal

NEW YORK: State, Fishermen Map Out Possible Conflicts At Sea To Help Clear Way For Future Wind Turbines

August 23, 2017 — Commercial fishermen from throughout the South Fork last week pored over nautical charts showing the broad swaths of ocean south of Long Island being considered for future wind energy development by New York State—and saw a lot of the area where they harvest a living.

But the state officials who hosted two open-house discussions with fishermen last week, one at Shinnecock Inlet and the other in Montauk, said that is exactly what they wanted the fishermen to point out to them—so they can work to reduce the impact.

The New York State Energy Research and Development Authority, or NYSERDA, is nearing the end of the research phase of its offshore wind master plan, due to be released next year. The state’s experts say they wanted to hear from fishermen which areas are most critical to their industry, and how the development of offshore wind farms could be coordinated to have the least impact on the fishing industry as possible.

“What we’re trying to understand from the fishermen is where they fish in these areas, how often they fish in what spots, what type of fishing they do in each area, and … we want to understand how the gear works,” said Greg Matzat, a wind energy expert for the Research and Development Authority. “If we can find areas where there is no fishing, or less fishing, happening, that’s where we want to go. If it makes sense that we would align the turbines along a depth contour, so that fishermen can fish alongside them and don’t have to criss-cross through them, we can do that, too.”

Governor Andrew Cuomo last year set a goal for the state to draw half of its energy supply from renewable sources by the year 2030. A large portion of that is expected to come from offshore wind developments—some 2,400 megawatts from 250 wind turbines, enough to power more than one million homes.

As part of its master plan development, the state is looking at more than 16,000 square miles of ocean, from the full length of Long Island coastline out to the continental shelf, to find the conditions right for potential development sites for offshore wind farms.

Read the full story at 27east

NEW YORK: Advocates Urge Study on Importance of Fisheries

May 5, 2017 — Representatives of East Hampton Town’s Fisheries Advisory Committee this week again asked the town to help fund a comprehensive analysis of the socioeconomic importance of fisheries on the East End and reiterated fishermen’s concerns about the Deepwater Wind offshore turbine installation.

The committee would like to hire Cornell Cooperative Extension to conduct the economic analysis, and its members are seeking participation from East Hampton and other local municipalities in order to raise the $100,000 needed to pay for it.

Brad Loewen, the chairman of the fisheries committee, who is a bayman and a former town councilman, said the committee has also been examining how — or if — the State Department of Environmental Conservation considers potential detrimental effects on fisheries when assessing the impact of proposed projects, such as the offshore wind farm. With unsatisfactory responses so far from the D.E.C. to requests for information, the committee, which is working with John Jilnicki, a town attorney, may ask the town board to submit a Freedom of Information Law request for the needed documents.

While the offshore wind turbines 30 miles from Montauk Point may be inevitable, Mr. Loewen said, “the last thing we want to see is that cable go through Napeague and Gardiner’s Bays, and come ashore in the bay. It’s a disaster,” he said.

Read the full story at the East Hampton Star

Commercial Fishing Interests Fight New York Offshore Wind Project In U.S. District Court

Heat map of scallop fishing effort in the area around the proposed New York wind energy area. The proposed wind energy area is in blue.

WASHINGTON (Saving Seafood) – February 9, 2017 – Lawyers representing a host of fishing communities, associations, and businesses, led by scallop industry trade group the Fisheries Survival Fund, argued in U.S. District Court in Washington, D.C., yesterday against the lease sale of 127 square miles of ocean off the coast of Long Island for wind energy development. A ruling is expected in the coming days.

The plaintiffs are seeking a preliminary injunction against the wind farm lease, which the Bureau of Ocean Energy Management (BOEM) preliminarily awarded to Norwegian oil and gas company Statoil for $42.5 million at auction in December, arguing that the site of the project is in the middle of important fishing grounds, particularly for the valuable scallop and squid fisheries. They claim that allowing the lease sale to go through would cause irreparable harm to commercial fishermen and is unlawful.

The plaintiffs argued that the lease sale would have an immediate impact on fishing interests by giving the government and Statoil free rein to conduct a number of harmful actions, including installing a meteorological tower that could damage scallop beds, and performing sonic testing that studies suggest hurts fish populations. The plaintiffs also said that, should the lease proceed, additional investments make it nearly certain that a wind farm will be constructed, permanently restricting fishermen who make their livelihoods in the area.

Lawyers representing BOEM and Statoil countered that the plaintiffs failed to demonstrate immediate and irreparable harm to their livelihoods, saying that any impact on fishermen would not happen for years, and that there would be time to address fishing concerns in future environmental assessments.

Federal law requires a balanced process that considers all stakeholders when developing wind energy projects, but the plaintiffs said that fishing concerns have not been properly addressed in the siting of the New York wind energy area.

BOEM estimates the value of fishing grounds in the proposed wind energy area at $90 million, a figure that the plaintiffs argued is too low because the government used less precise vessel trip reports instead of more accurate satellite-based vessel monitoring systems. The defendants argued that the lease siting process was transparent, including meetings with fishermen and multiple requests for information.

The plaintiffs responded that their more accurate information was ignored, the location of the wind farm was chosen in private, and fishermen never had a chance to advocate for alternative sites.

The plaintiffs maintained that their complaint was not against wind energy as a whole, pointing out that Mayor Jon Mitchell of New Bedford, Mass., a plaintiff in the case, has been an outspoken proponent of wind energy development. Specifically, they are challenging the use of the unsolicited bid process that allows private entities to claim part of the ocean for wind energy development.

The plaintiffs in the case are the Fisheries Survival Fund, the Garden State Seafood Association, the Long Island Commercial Fishing Association, the Narragansett Chamber of Commerce, the Fishermen’s Dock Cooperative, the Rhode Island Fishermen’s Alliance, the City of New Bedford, Mass., the Borough of Barnegat Light, N.J., the Town of Narragansett, R.I., SeaFreeze Shoreside, Sea Fresh USA, and the Town Dock. The case was heard by Judge Tanya S. Chutkan.

Read more about the lawsuit here

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