Saving Seafood

Law

Environmentalist group sues to gain information about Alaska trawler toll on marine mammals

December 20, 2024 — The federal government has failed to give adequate information on deaths of killer whales and other marine mammals that become entangled in commercial trawling gear in Alaska waters, claims a lawsuit filed on Thursday in U.S. District Court in Anchorage.

The lawsuit, filed by the environmental group Oceana, targets the National Marine Fisheries Service, an agency of the National Oceanic and Atmospheric Administration.

The whales and other marine mammals killed in fishing gear are subjects of what is known as bycatch, the unintended, incidental catch of species that are not the harvest target.

Read the full article at the Alaska Beacon

Biden admin calls on Supreme Court to reject Vineyard Wind case

December 17, 2024 — The Biden administration is urging the Supreme Court to turn away a petition calling for more analysis of how a major offshore wind project off Massachusetts could affect an endangered whale.

The Bay State group Nantucket Residents Against Turbines has claimed in its appeal to the high court that federal agencies failed to account for the cumulative effects of offshore wind development planned on the East Coast would affect the survival of the North Atlantic right whale when it approved Vineyard Wind 1.

In a brief to the court last week, Solicitor General Elizabeth Prelogar said the Supreme Court should not consider the case because the group had not raised the issue before two lower courts in its lawsuit over the NOAA Fisheries and Bureau of Ocean Energy Management analysis of the project.

Read the full article at E&E News

Appeals court upholds Vineyard Wind ruling, rejecting attempt by fishermen to stop project

December 12, 2024 — The U.S. Circuit Court of Appeals has rejected an attempt by commercial fishermen to stop a large-scale offshore wind energy development project.

Vineyard Wind, which is to be located off the coast of the U.S. state of Massachusetts, is intended to be an 800-megawatt project built across 75,000 acres. The lawsuit, originally filed in 2022, was filed by the Responsible Offshore Development Alliance (RODA) against several federal agencies, including the U.S. Department of the Interior, U.S. Bureau of Ocean Energy Management (BOEM), and NOAA Fisheries and claimed the agencies took shortcuts past statutory and regulator requirements intended to protect the environment.

Read the full article at SeafoodSource

Commercial fishing groups ask Fourth Circuit to block bass limits in Chesapeake Bay

December 11, 2024 — Maryland commercial fishing groups argued to a Fourth Circuit panel Wednesday that an interstate commission’s regulations on striped bass in the Chesapeake Bay violates the Constitution.

Delmarva Fisheries Association and the Maryland Charter Boat Association sued the Atlantic States Marine Fisheries Commission over 2024 regulations that the plaintiffs claim violate the Fifth Amendment’s taking clause and cut their revenue by upwards of 70%.

The groups appealed after a Maryland federal judge denied their motion for a preliminary injunction.

On Wednesday, U.S. Circuit Judge Stephanie Thacker, a Barack Obama appointee, questioned why the fishing groups would want to challenge the regulations.

Read the full article at Courthouse News Service

Vineyard Wind Withstands Another Legal Challenge

December 10, 2024 — Another attempt to halt Vineyard Wind through the courts fell short last week when a federal court dismissed an appeal by a fishermen’s organization and a Rhode Island seafood dealer.

A panel of judges with the U.S. First Circuit Court of Appeals upheld a lower court’s decision on Dec. 5, saying the group’s claims that the federal government mishandled the approval process for the wind farm were unfounded.

The decision is one of several that Vineyard Wind, which aims to build 62 turbines to the south of the Island, has weathered in recent years, keeping the project’s approvals from the Bureau of Ocean Energy Management intact.

Seafreeze Shoreside, a Rhode Island-based seafood dealer, the Long Island Commercial Fishing Association, the Responsible Offshore Development Alliance and other groups filed the appeal after their claims were rejected by the U.S. District Court in Boston in 2023.

Read the full story at the Vineyard Gazette

Ocean City continues with lawsuit following US Wind receiving final approval

December 4, 2024 — US Wind, Inc. announced Tuesday that the Bureau of Ocean Energy Management has granted final approval for the company’s Construction and Operations Plan, completing the federal permitting process for its offshore wind project.

“This is a proud moment for US Wind,” said Jeff Grybowski, US Wind CEO. “After more than four years of rigorous and robust analysis, we are thrilled to have secured this final BOEM approval. US Wind’s projects will produce massive amounts of homegrown energy and will help satisfy the region’s critical need for more electricity, all while supporting good local jobs.”

The project, located in a federal lease area off the coast of Ocean City, Maryland, has the potential to generate up to 2 gigawatts of offshore wind power — enough to power more than 600,000 homes in the region, according to US Wind.

However, the project has faced significant opposition from the Ocean City community and other local organizations. The Town of Ocean City, joined by groups such as the Worcester County Commissioners, Coastal Association of Realtors and the Commercial and Recreational Fishing Industry, say they will continue to move forward with a lawsuit against BOEM to challenge its approval of US Wind’s project.

Read the full story at Coast TV

First Circuit likely to save the whales despite lobstermen’s complaints

December 3, 2024 — An epic sea battle unfolded at the First Circuit Tuesday as Massachusetts fishermen tried to harpoon federal regulations that protect the North Atlantic right whale. But it appeared the judges were on the whales’ side and, as in “Moby Dick,” the fishermen may end up shipwrecked.

At issue is a federal rule that limits lobster and Jonah crab fisheries’ use of buoy lines, which can entangle and kill whales.

The fishermen’s lawyer, Daniel Cragg, told the judges that the rule resulted from Congress making a “drafting failure,” but the judges seemed incredulous.

“As between ‘Congress didn’t know what it was doing’ and ‘Congress did something that makes sense,’ it seems like making sense is the better option,” U.S. Circuit Judge Seth Aframe commented dryly during oral arguments.

For centuries right whales, which average 50 feet long and 50 to 75 tons, were targeted by whalers due to their docile nature and high blubber content. By 1937, when hunting them was banned worldwide, there were only about 100 left. The species rebounded a little, but in 1970 they were listed as endangered and the population today is estimated to be around 350.

Read the full story at Courthouse News Service

Environmental groups claim California’s State Water Project will harm endangered fish and the environment

November 29, 2024 — Environmental groups filed a lawsuit against the California Department of Water Resources Wednesday, claiming that the California State Water Project will harm endangered and threatened fish and the environment in the Sacramento River and San Joaquin River watersheds, as well as the San Francisco Bay-Delta estuary.

The California State Water Project (SWP) is a system of reservoirs, aqueducts, power plants and pumping plants that delivers water to California. Its purpose is to provide water to California’s residents and farmland, and to control flooding. It also provides hydroelectric power for the state’s power grid. The SWP is the largest state-owned water and power system in the U.S., stretching over 705 miles from Northern to Southern California.

San Francisco Baykeeper, an environmental nonprofit, was joined by the Center for Biological Diversity, the Sierra Club, the Winnemem Wintu Tribe and six other plaintiffs in the lawsuit.

“The operation of the project significantly degrades environmental conditions in the Sacramento River and San Joaquin River watersheds and San Francisco Bay-Delta estuary, including reduced flows, harm to endangered and threatened fish species and adverse modification of their critical habitat, worsened water quality, increased salinity levels, reduced food supply, and increased harmful algal blooms,” the plaintiffs say in their 74-page complaint filed in Sacramento Superior Court.

The plaintiffs claim that despite extensive evidence of negative impacts, the California Department of Water Resources “implausibly concluded” that operation of the State Water Project wouldn’t have a significant impact on the environment.

They say the project will especially harm the natural resources of the Bay-Delta and fisheries that include seven endangered or threatened species: Delta Smelt, Longfin Smelt, spring-run Chinook Salmon, winter-run Chinook Salmon, Central Valley Steelhead, White Sturgeon, and Green Sturgeon.

Read the full article at the Courthouse News Service

Maine Lobstermen Lawsuit Over Boat Monitoring Tossed

November 26, 2024 — A federal judge is throwing out a lawsuit from Maine lobstermen over a rule that went into effect more than a year ago.

The rule requires lobstermen with federal fishing permits to put monitors on their boats, which tracks their location on the water.

Five lobstermen had argued that the monitors violate their constitutional rights to privacy, equal protection and due process.

Read the full article at WGAN

US court approves StarKist, Bumble Bee price-fixing settlements

November 26, 2024 — The U.S. District Court for the Southern District of California has approved settlement agreements between plaintiffs StarKist and Bumble Bee in lawsuits related to alleged price-fixing of canned tuna.

End-payer and direct-purchaser plaintiffs sued Chicken of the Sea, Bumble Bee, and StarKist in the U.S. for their alleged connections to a price-fixing scheme for canned tuna.

Read the full article at SeafoodSource