Saving Seafood

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.

MAFMC & NOAA Fisheries Announce Frank R. Lautenberg Deep-Sea Coral Protection Area

December 14, 2016 — The following was released by NOAA:

Today, NOAA Fisheries and the Mid Atlantic Fishery Management Council announced publication of the final rule for the Mid-Atlantic Fishery Management Council’s action to designate a large offshore protected area for deep sea corals in the Mid-Atlantic. The Council approved the Deep Sea Corals Amendment to the Mackerel, Squid, Butterfish Fishery Management Plan in 2015 in order to protect deep sea corals from the impacts of bottom-tending fishing gear.

Most deep sea corals are slow-growing and fragile, making them vulnerable to damage from certain types of fishing gear that contact the sea floor. This final rule designates a large “deep sea coral zone” in areas where corals have been observed or where they are likely to occur. Under the Magnuson-Stevens Act (MSA), regional fishery management councils have the disretionary authority to designate zones where fishing may be restricted to protect deep sea corals. Although corals have been protected as essential fish habitat, the Mid-Atlantic Fishery Management Council is the first of the eight U.S. regional fishery management councils to use this discretionary authority.

The Council named the protected area in honor of the late Senator Frank Lautenberg, a five-term United States senator from New Jersey who was responsible for several important pieces of ocean conservation legislation, including the MSA provisions allowing for deep sea coral protections. The Frank R. Lautenberg Deep Sea Coral Protection Area encompasses areas of known or highly likely coral presence in underwater canyons or slope areas along the continental shelf edge, as well as deeper areas where the presence of corals is uncertain, but where little or no fishing effort currently occurs. In total, the coral zone encompasses more than 38,000 square miles of federal waters off the Mid-Atlantic coast, an area approximately the size of the state of Virginia.

Within the protected area, commercial fishermen are prohibited from using most types of bottom-tending fishing gear such as trawls, dredges, bottom longlines, and traps. The rule does not apply to recreational fishing, commercial gear types that do not contact the sea floor, or the American lobster trap fishery. An exemption is also provided for the deep sea red crab commercial trap fishery. Vessels may transit through the area if fishing gear is stowed and not available for immediate use.

Development of the deep sea coral protection area was informed by several recent scientific research efforts undertaken by the National Oceanic and Atmospheric Administration and the Bureau of Ocean Energy Management, including several deep sea surveys and the development of a predictive deep sea coral habitat suitability model. Using this information, members of the Council’s advisory panels, deep sea coral experts, fishing industry members, and other stakeholders cooperatively reviewed  this information to identify the landward boundaries for the protected area.

“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,” said John Bullard, Regional Administrator for the Greater Atlantic Regional Fisheries Office. “We owe a debt of gratitude to former Council Chair Rick Robins, who led the effort to establish this large protected area, which totals about 24 million acres, the size of state of Virginia. I’d also like to single out the contribution of current Vice Chairman Warren Elliot, who chaired the two-day workshop where all the stakeholders used the best available science to negotiate and agree upon the boundaries of the area to protect.”

“The Mid-Atlantic Council is extremely pleased that NOAA Fisheries has approved the Council’s recommended protection of deep sea corals in the Mid-Atlantic,” said Council chairman Michael Luisi. “We are proud of this achievement and want to thank and congratulate all those who contributed to this ground-breaking effort in the Atlantic.”

See the full release at NOAA

Squid may become favourite UK meal as seas become warmer

December 13th, 2016 — Squid and fish that thrive in warmer waters, such as sardines and anchovies, are flourishing around the North Sea, according to fisheries data.

Squid are now being caught at 60% of survey stations in the North Sea, compared with 20% in the 1980s.

But the likes of cod are heading north, away from British waters.

Dr John Pinnegar, of the Centre for Environment, Fisheries and Aquaculture Science (Cefas), which has been monitoring North Sea fish populations for more than 100 years, said models for 2025 and beyond suggested that seawater temperatures off the UK may continue to rise.

Fishing boats are now catching species that have not been caught in the area before.

Mediterranean alternatives

“Twenty or 30 years ago we hardly saw squid in our surveys,” he told BBC News.

Dr Pinnegar, programme director for marine climate change at Cefas, said summer squid fisheries had expanded around the Moray Firth in north-east Scotland, as part of efforts to reduce over-fishing of more traditional species such as haddock and cod.

“A lot of the things we see increasing in abundance around the UK are marine animals that would probably originally [be] thought of as being Mediterranean or characteristic of the Bay of Biscay, or around Portugal or Spain,” he added.

Read the full story at BBC News 

Fishing groups seek Atlantic wind farm delay

December 8, 2016 — MINEOLA, N.Y. — Commercial fishing companies, trade groups and three fishing-based municipalities are seeking to delay the lease sale of an Atlantic Ocean site between New York and New Jersey that federal officials envision as the home of a massive offshore wind energy project.

The Associated Press obtained a copy of a 45-page motion ahead of its filing Thursday in federal court in Washington, D.C. It seeks a temporary restraining order halting the Dec. 15 lease sale. Those seeking a delay include groups representing scallop and squid fishermen, the Long Island Commercial Fishing Association and the city of New Bedford, Massachusetts.

The motion seeks to delay the Bureau of Ocean Energy Management’s plans for developers to build a 127-square-mile, 194-turbine offshore wind farm. The United States still has no offshore wind projects online, though BOEM has awarded 11 commercial offshore wind leases for sites in the Atlantic. Some major projects have been delayed by political opposition.

A BOEM spokeswoman said the agency doesn’t comment on pending litigation.

The country’s first offshore wind farm, a tiny project off Rhode Island with just a few turbines, is expected to debut this month.

The court motion argues that BOEM failed to consider alternative sites and contends that besides negative impacts on scallop and squid fishing, others who harvest fish species including summer flounder, mackerel, black sea bass and monkfish also would be negatively affected. When it announced final plans for the lease sale earlier this fall, BOEM said it had removed about 1,780 acres from the initial proposal because of environmental concerns.

The plaintiffs referred to that as a “diminutive change” in their motion. The fishing groups said they aren’t opposed to wind farms. But they argue that site alternatives weren’t considered and that conducting site analysis after a lease sale is completed will be too late.

“BOEM must carry out the proper analysis prior to officially leasing out areas to companies for construction, due to the importance of this fishery area,” said James Gutowski, president of the Fisheries Survival Fund, who is a scallop fisherman from Barnegat Light, New Jersey; the group is the lead plaintiff in the lawsuit.

“It must adequately and accurately characterize the potential impacts to the industry from construction on this site,” Gutowski said.

Read the full story at the Associated Press

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen for the 127 square mile wind farm is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves 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.

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 December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social, and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit 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 in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren.  The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

In California, Squid Is Big Business. But Good Luck Eating Local Calamari

December 1, 2016 — The following is excerpted from an NPR story published today, written by Clarissa Wei:

More than 80 percent of U.S. squid landings are exported — most of it to China. The rare percentage of that catch that stays domestically goes to Asian fresh fish markets or is used as bait.

Ironically, the lion’s share of the squid consumed in the United States is imported.

“It has to do with the American desire for a larger squid,” explains Diane Pleschner-Steele, executive director of the California Wetfish Producers Association. “A lot of squid that is shipped overseas stays overseas because they prefer it. They eat it over there. Our consumers typically prefer a larger squid, and so there’s just a ton of squid imported into this country that comes in at a far lower price.”

In the U.S., the squid that ends up on our dinner table is typically Patagonian squid from the Falkland Islands or Humboldt squid — a jumbo cephalopod fished predominantly in Mexico and Peru.

California market squid isn’t usually desired because of its smaller size.

“Our squid is a learning curve,” Pleschner-Steele says. “If you overcook it, it can taste like a rubber band. But in my opinion, if you do it right, it tastes more like abalone than any other squid. It’s nutty, sweet and delicate.”

All Californian fish processors are capable of dealing with squid, Pleschner-Steele says. However, it’s not a money-making operation because people aren’t willing to pay for it.

“It has to be on request,” she says. “We simply can’t compete with the cost of other imported squid. ”

Supporting the local squid industry is much more than just helping the local economy – it’s helpful from a sustainability angle as well.

Even with squid being sent on a round-trip journey across the world, the California market squid fishery has one of the lowest carbon footprints in the industry.

“California squid fishing fleets are one of the most energy efficient in the world because [they’re] so close to port,” Pleschner-Steele says. “Our boats can produce a ton of proteins for about six gallons of diesel fuel. … Efficiency is key.”

Further efficiency, she says, could be achieved if consumers would be keen to fork over $1.50 a pound more for California-caught and processed squid.

But the “truth is that Americans aren’t willing to pay for it,” she says. “If people were willing to pay the price, we can definitely feed the demand.”

Read the full story at NPR

The Secret Life of Krill

October 19, 2016 — SYDNEY, Australia — On an August morning aboard the Nathaniel B. Palmer research vessel floating at the bottom of the world, Christian Reiss was listening for acoustic signals bouncing off krill, a pinkish, feathery-limbed crustacean that is the lifeblood of the Antarctic ecosystem.

It was the last month of the Southern Hemisphere winter, and conditions were good: There was no thud from sea ice pancakes bumping together to distort his tests in the clear waters of the South Shetland Islands, about 500 miles south of Cape Horn.

Dr. Reiss, an oceanographer with the National Oceanic and Atmospheric Administration, and his team were studying where krill live in winter.

Low levels of sea ice gave them access to bays that in previous winters were closed. They wanted to know if a lack of sea ice, where krill gather to feed off the algae that live on the underside, was threatening the ocean’s largest biomass. Krill form schools that can be miles long and miles deep.

Whales, sea birds, penguins, squid and seals all feed off krill. And they compete with commercial fisheries in the same waters, who sell the tiny creatures to be used as fish food or to make omega-3 fish oil for human use.

Read the full story at The New York Times

Fishery council says no to river herring and shad plan

October 7, 2016 — A call to put river herring and shad in the same fishery management plan as mackerel, squid and butterfish was voted down by the Mid-Atlantic Marine Fisheries Council.

Incidental bycatches in ocean trawl fisheries was a main reason behind the consideration, but the council will stick with a plan already in place for dealing with it.

American shad, hickory shad, alewife and blueback herring — a quartet of anadromous fish that are at historic low population levels — often mix with mackerel in the ocean.

They get scooped up incidentally in commercial trawl nets meant for mackerel. The MAMFC said the amount may be substantial enough to negatively impact their populations.

The plan had the support of many sport fishermen, environmental and conservation groups on the Eastern seaboard who said the it would’ve led to more aggressive stewardship on the species.

Tarr: Marine monument punishes fishermen

September 16, 2016 — Creating the Atlantic Ocean’s first marine national monument is a needed response to dangerous climate change, oceanic dead zones and unsustainable fishing practices, President Barack Obama said Thursday.

But state Senate Minority Leader Bruce Tarr, a Gloucester Republican, said the designation “singled out commercial fishing for more punishment.”

The new Northeast Canyons and Seamounts Marine National Monument consists of nearly 5,000 square miles of underwater canyons and mountains about 150 miles southeast of Cape Cod.

Gov. Charlie Baker said he is “deeply disappointed” by Obama’s designation of an area off the New England coast as the first deep-sea marine national monument in the Atlantic Ocean, a move the Swampscott Republican’s administration sees as undermining Massachusetts fishermen.

The monument area includes three underwater canyons and four underwater mountains that provide habitats for protected species including sea turtles and endangered whales.

Fishing operations

Recreational fishing will be allowed in the protected zone but most commercial fishing operations have 60 days to “transition from the monument area,” according to the White House. Red crab and lobster fisheries will be given seven years to cease operations in the area.

Tarr said the designation marked a missed opportunity to “balance conservation and support for commercial fishing.”

“In New England, we have one of the most highly regulated fishing industries in the world, and we have had a steady decline in the amount of area available to fish, and it should be a last resort to take away more area as opposed to trying to carefully draw the lines of this monument area,” Tarr told the State House News Service.

The marine protections will hurt red crab, swordfish, tuna, squid, whiting and offshore lobster fisheries, according to the Atlantic Offshore Lobstermen’s Association, which said industry representatives offered White House aides alternative proposals that would have protected coral habitat while still allowing fishing in some areas.

“The Baker-Polito Administration is deeply disappointed by the federal government’s unilateral decision to undermine the Commonwealth’s commercial and recreational fishermen with this designation,” Baker spokesman Brendan Moss said in an email. “The Commonwealth is committed to working with members of the fishing industry and environmental stakeholders through existing management programs to utilize the best science available in order to continue our advocacy for the responsible protection of our state’s fishing industry while ensuring the preservation of important ecological areas.”

Read the full story at the Gloucester Times

Obama designates the first-ever marine monument off the East Coast, in New England

September 15, 2016 — President Obama declared the first fully protected area in the U.S. Atlantic Ocean on Thursday, designating 4,913 square miles off the New England coastline as a new marine national monument.

Obama’s previous marine conservation declarations have focused on some of the most remote waters under U.S. jurisdiction, including last month’s expansion of a massive protected area in Hawaii. But the Northeast Canyons and Seamounts Marine National Monument is more accessible, lying 130 miles off the southeast coast of Cape Cod.

Several regional fishing associations lobbied against the creation of a new monument, on the grounds that the federal government could reconcile environmental protections and ongoing fishing operations by regulating activities there under an existing fisheries management law.

Trawlers as well as offshore lobster and crab boat operators currently catch a range of species near the underwater canyons, including squid, mackerel, butterfish, lobster and Atlantic red crab. According to industry estimates, these fisheries are worth more than $50 million in total.

In an effort to lessen the economic impact, the administration will give lobster and red crab operators seven years to exit the area. Recreational fishing can continue around the three deep-sea canyons and four seamounts that are now protected, but seabed mining and any other extractive activities are banned.

Administration officials estimated there were six lobster boats operating in the area that will be protected, along with 20 other fishing vessels that move in and out of the area.

“The only user group that’s going to be negatively affected by this proposal is the fishing industry, period,” said David Borden, executive director of the Atlantic Offshore Lobstermen’s Association, noting that the new protections will not affect oil tankers moving through the area or telecommunications cables lying on the seabed.

Read the full story at the Washington Post