Saving Seafood

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

Final Supplemental Environmental Impact Statement for the Cape Wind Energy Project

August 7, 2017 — On Friday, the Interior Department’s Bureau of Ocean Energy Management (BOEM) issued its final supplemental environmental impact statement (EIS) on the 468-megawatt Cape Wind project. In July of last year, an appeals court held that the agency should have used better data to determine the conditions of the seafloor for the project before issuing a lease. The final EIS states that the additional data it gathered does not change its prior finding that drilling foundations for the project in the seabed would only temporarily disturb sedimentation, and the overall impacts to water quality would be minor. The Cape Wind project is on hold after it missed a financing deadline, which led National Grid and NStar (now Eversource) to cancel contracts to buy power from it:

BOEM is announcing the availability of the Final Supplemental Environmental Impact Statement (SEIS) for the Cape Wind Energy Project. This supplement to the 2009 Final EIS has been prepared in response to a 2016 remand order of the U.S. Court of Appeals for the District of Columbia Circuit in Public Employees for Environmental Responsibility v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016).

The Final SEIS is available for review on the BOEM website at: https://www.boem.gov/Massachusetts-Cape-Wind/.

In the Final SEIS for the Cape Wind Energy Project, BOEM examines the available geological survey data, including the geotechnical data and reports submitted to BOEM since the 2009 Final EIS, and any other relevant material that relate to the adequacy of the seafloor to support wind turbines in the lease area.

The Final SEIS also includes a summary of all the comments received on the Draft SEIS and BOEM’s responses to those comments.

Reminder: August 2017 Mid-Atlantic Council Meeting in Philadelphia, PA

August 4, 2017 — The following was released by the Mid-Atlantic Fishery Management Council:

Tuesday, August 8, 2017 – Thursday, August 10, 2017

The Mid-Atlantic Fishery Management Council will meet next week, August 8-10, 2017, in Philadelphia, Pennsylvania. The meeting will be held at the Courtyard Philadelphia Downtown, 21 North Juniper St., Philadelphia, PA 19107, Telephone 215-496-3200.

The meeting will be broadcast live via webinar. For access to the webinar, go to http://mafmc.adobeconnect.com/august2017 and select “enter as guest”.

New York Offshore Wind Open Houses:

During the Council meeting, representatives from the New York State Energy and Research Development Authority (NYSERDA) will hold public open houses to provide fisheries stakeholders with an opportunity to learn about and provide input to the New York State Offshore Wind Master Plan.

NYSERDA representatives will be available for discussion at the following times:

  • Tuesday, August 8, 11:00am‐7:00pm
  • Wednesday, August 9, 8:00am‐7:00pm

The open houses will be held in the same hotel as the Council meeting (Courtyard Philadelphia Downtown) in the PHJ Library on the first floor.

Click here for additional information.