Saving Seafood

FSF Statement on Appeals Court Ruling in New York Wind Farm Case

May 20, 2021 — The following was released by the Fisheries Survival Fund:

The Fisheries Survival Fund is disappointed in the decision issued today by the United States Court of Appeals for the District of Columbia. However, we will continue to work with the Bureau of Ocean Energy Management (BOEM) and all federal, state, and local government agencies, as well as wind energy farm developers, to ensure that these new uses of our coastal waters are created in such a way that they do not devastate existing uses, which in this case is one of the most important scallop grounds on the East Coast.

The court ruled that because BOEM doesn’t technically commit to anything at the lease stage, it is too early to challenge the siting of the wind farm under the National Environmental Policy Act (NEPA). The decision means that affected parties cannot challenge a lease location under NEPA until BOEM approves a Construction and Operations Plan (COP) for the wind farm. However, that is very late in the process, and changing the lease location at such a late date would be exceedingly difficult.

Since this litigation was filed, eight additional leasing areas have been proposed, all of which conflict with natural scallop habitat and historic scalloping grounds.

We will continue to work with BOEM to seek modified versions of several of the leasing areas due to their proximity to sensitive scallop areas. Under the current boundaries, historically important scallop areas will be directly next to wind turbines, and all of the negative environmental impacts they bring with them. By shifting the boundaries of some of these areas, and creating additional buffer zones between scallop areas and the turbines, BOEM can better ensure that scallop fishing will be unaffected, without diminishing the potential for wind power in the area.

NEW JERSEY: LBI Officials Find Support in Other Areas for Opposing Offshore Wind

May 14, 2021 — With the state Board of Public Utilities’ anticipated decision on granting approval for a second wind farm off the coast expected next month, Long Beach Island officials met in April with counterparts from Cape May County and state and federal legislators to discuss the negative impacts of offshore wind farms on shore communities.

“The Island, as a whole, is against it. The whole coast is against it,” said Surf City Mayor Francis Hodgson, who hosted the virtual meeting last month. “This is how I look at it: What is LBI going to gain? Nothing. What’s the liability? It might ruin our tourism industry. It might ruin the fishing industry. Why take the chance?”

In addition to Island officials, Congressman Jeff Van Drew, state Sen. Chris Connors and Republican gubernatorial candidate Jack Ciattarelli were present. Van Drew extended an invitation to the mayor of Ocean City, who sent a representative, and a businessman from Cape May County attended, Hodgson said.

“It (the opposition) has some power behind it,” Hodgson said. “We all agreed this is not the end of it. We’ve got to keep the pressure on.”

Atlantic Shores Offshore Wind is poised to build the second wind farm in the state, in part off the coast of Long Beach Island. The closest western, or in-shore, boundary of the lease site is 10 miles from Barnegat Light and 9 miles from Holgate. The lease area has the potential to generate 3 gigawatts of offshore wind energy. Atlantic Shores plans to start onshore construction of substations in 2024 and offshore construction by 2025. The project is a 50-50 partnership between Shell New Energies US LLC and EDF Renewables North America. It was formed in December 2018 to co-develop nearly 183,353 acres of leased sea area on the Outer Continental Shelf, located within the New Jersey Wind Energy Area.

As a fishing fleet owner, Larson said, “I stand behind the Garden State Seafood Association and the [Fisheries] Survival Fund and those kinds of outfits, and RODA (Responsible Offshore Development Alliance). He was referring to a coalition of fishing industry associations that are concerned about impacts to the commercial seafood industry.

Read the full story at The Sand Piper

Biden to Push Offshore Wind Projects

March 29, 2021 — The Biden administration plans to give wind-power developers access to more of the Atlantic Coast and start a slate of new environmental reviews in an attempt to jump-start the country’s offshore wind business.

White House officials said Monday they want to fast-track leasing in federal waters off the New York and New Jersey coasts, a priority for wind-power interests and state officials.

Much of the concern centers on how wind turbines might affect shipping, whale migrations and commercial fisheries.

The New York Bight is among the country’s three most prolific areas for scallops, said David Frulla, a lawyer who represents the Fisheries Survival Fund, a group including most of the country’s Atlantic Ocean scallop boats.

More turbines will make it harder for large fishing boats to navigate by disrupting the radar they depend on at night, Mr. Frulla said.

“We’re concerned that there’s such a momentum for offshore wind that the fishing industry is going to end up as collateral damage,” Mr. Frulla said.

Read the full story at The Wall Street Journal

Biden administration launches major push to expand offshore wind power

March 29, 2021 — The White House on Monday detailed an ambitious plan to expand wind farms along the East Coast and jump-start the country’s nascent offshore wind industry, saying it hoped to trigger a massive clean-energy effort in the fight against climate change.

The plan would generate 30 gigawatts of offshore wind power by the end of the decade — enough to power more than 10 million American homes and cut 78 million metric tons of carbon dioxide emissions. To accomplish that, the Biden administration said, it would speed permitting for projects off the East Coast, invest in research and development, provide low-interest loans to industry and fund changes to U.S. ports.

Fishing operators also have raised concerns about the impact of wind farms in the Atlantic Ocean, an area critical to the seafood industry.

David Frulla, a partner at the firm Kelley, Drye and Warren who represents the trade association for the Atlantic scallop fishery, said in an interview that his clients have warned federal officials for years about the risks posed by offshore wind development plans.

For example, the southeast tip of an area the administration has identified in the New York Bight called Hudson North intersects with a scallop fishing spot, he said. The eastern perimeter of a second area, Hudson South, is just at the edge of an important area for scallops, Frulla said. Altogether, the scallop catch in the New York Bight is worth tens of millions of dollars, he said.

“We were saying, ‘Don’t roll the dice,” Frulla said. “They rolled the dice.”

The group Frulla represents, the Fisheries Survival Fund, has a case pending in the U.S. Court of Appeals for the District of Columbia Circuit that challenges a decision by the Obama administration to auction offshore leases in the region without doing a lengthy environmental analysis in advance. In that instance, federal officials said they did not have to conduct a full analysis until a company has proposed a construction and operations plan.

By delaying the analysis by several years, Frulla said, the government made it almost impossible to block the project. “Essentially it’s a foregone conclusion,” he said. “There’s so much investment.”

Read the full story at The Washington Post

As Vineyard Wind moves toward approval, a wave builds behind it

March 9, 2021 — A huge wind farm off the Massachusetts coast is edging closer to federal approval, setting up what the Biden administration hopes will be a model for a sharp increase in offshore wind energy development along the East Coast.

The Vineyard Wind project, south of Martha’s Vineyard, would create 800 megawatts of electricity, enough to power 400,000 homes in New England. If approved, the $2 billion project would be the first utility-scale wind power development in federal waters. A smaller offshore wind farm — the nation’s first — operates near Block Island in waters controlled by the State of Rhode Island.

Andrew Minkiewicz, an attorney for the Fisheries Survival Fund, which advocates for the sea scallop fishing industry, said the group has concerns about the abrupt shift in attitude from the Trump administration to Biden.

The project appeared dead — or at least on indefinite pause — as recently as last year, “and the new administration comes in and says no, we’re going to go ahead,” Minkiewicz said. “If this were not a clean-energy project, I think there would be an absolute uproar.”

Fishing groups from Maine to Florida have expressed fear that large offshore wind projects could render huge swaths of the ocean off-limits to their catch. While Vineyard Wind is not located in an area critical to the scallop fishery, other potential sites along the Atlantic coast could pose a major threat to scallopers, Minkiewicz said.

Read the full story from the Associated Press at The Providence Journal

President Biden’s flurry of actions to protect the environment reignites a controversy about the Atlantic’s only marine monument

January 22, 2021 — Last June, as part of a concerted campaign to dismantle the environmental policies of the Obama administration, Donald Trump met with fishermen in Maine and signed a proclamation that allowed commercial fishing in nearly 5,000 square miles of federally protected waters southeast of Cape Cod.

But elections have consequences, and on Wednesday President Joe Biden signed an executive order that could overturn Trump’s decision and restore the first marine national monument in the Atlantic Ocean to its former status, part of a flurry of executive actions Biden took on his first day in office to reverse many of the Trump administration’s environmental rollbacks.

Environmental advocates called the first steps promising, a welcome change from the policies of the past four years.

In response to Biden’s order, representatives of fishing groups urged the new administration to consult them before overturning Trump’s policies.

“The hope of the fishing industry is that if the Biden administration is endeavoring to unite the country, then the Biden administration will actively reach out to fishing communities and not only discuss the marine monument with them but listen to the fishing communities’ concerns and act upon those concerns,” said Andrew Minkiewicz, an attorney at the Fisheries Survival Fund in Washington, D.C.

He and others urged the Biden administration to respect the traditional fishery management process, which allows for councils composed of fishermen, environmental advocates, and regulators to determine where and how much fishing can occur.

“I believe, as long as this is reviewed fairly, in terms of the science and law, there’s no reason that fishing shouldn’t be allowed there,” said Bob Vanasse, executive director of Saving Seafood, a Washington-based group that represents commercial fishermen. “It’s sustainable. But if it’s a political decision and about Obama’s legacy, then it’s going to be a problem.”

Read the full story at The Boston Globe

America’s scallop catch expected to dip somewhat in 2021

December 18, 2020 — The United States’ scallop catch is likely to decline by more than a fifth in the coming year, federal regulators have said.

The catch is predicted to come in at about 40 million pounds (18.1 million kilograms), the New England Fishery Management Council said in a statement. That’s a dip from a projected 51.6 million pounds (23.4 million kilograms) this year and 60.5 million pounds (27.4 million kilograms) in 2018.

The scallop fishery has benefited from a very large number of new scallops that began growing in 2012 and 2013, said Janice Plante, a spokesperson for the council. Those scallops are reaching the end of their lives, and that likely means fewer will eventually find their way to the docks, she said.

New Bedford, which has been the nation’s most valuable fishing port for 19 straight years, relies heavily on the scallop catch. In 2018, scallops accounted for 80 percent of the seafood landed in New Bedford.

New Bedford, which has been the nation’s most valuable fishing port for 19 straight years, relies heavily on the scallop catch. In 2018, scallops accounted for 80 percent of the seafood landed in New Bedford.

Despite the likely drop in catch, the scallop fishery remains strong, said Andrew Minkiewicz, a Washington attorney who works with fishing advocacy group Fisheries Survival Fund. The projected catch would still be more than any of the year from 2013 to 2015.

Read the full story from the Associated Press at the New Bedford Standard Times

After Trump administration moves to pull plug, Vineyard Wind looks to Biden

December 16, 2020 — Vineyard Wind’s request for “a temporary pause” in the federal review of its 800-megawatt offshore wind energy project triggered an announcement from the Department of Interior that it must restart its entire permit application process.

In a flurry of activity by the outgoing Trump administration, the head of the Interior Department’s legal staff, solicitor Daniel H. Jorjani on Tuesday issued new guidance stressing that if Interior Secretary David Bernhardt “determines that either fishing or vessel transit constitute ‘reasonable uses…of the exclusive economic zone, the high seas and the territorial sea,’ the Secretary has a duty to prevent interference with that use.”

The 16-page memo asserts the secretary of Interior should determine “what is unreasonable” interference from offshore wind turbines “based on the perspective of the fishing user.” It’s a victory for commercial fishing advocates including the Responsible Offshore Development Alliance and Fisheries Survival Fund, who went directly to Bernhardt in July with complaints their concerns are not adequately addressed by the Bureau of Ocean Energy.

The agency had been poised to issue a record of decision Jan. 15 that would allow Vineyard Wind to proceed toward construction – a timeline that now could stretch out another 18 months, unless a Biden administration very supportive of wind energy steps in.

Read the full story at National Fisherman

Vineyard Wind project stalls, Maine begins information meetings on its own wind project

December 15, 2020 — The Vineyard Wind project, a proposed 800-megawatt offshore wind energy installation, has been stalled as the company – Vineyard Wind LLC – withdrew its construction and operations plan from review by the Bureau of Ocean and Energy Management (BOEM), on 1 December, effectively halting the project’s progress.

The withdrawal, announced in a letter to be published in the Federal Register on 16 December, is a win for the region’s fishing industry, which has objected to the project in addition to other proposed projects in the New England area. Fishermen have been worried about the proposed wind projects for years, and two groups representing fisheries in the region – the Fisheries Survival Fund and the Responsible Offshore Development Alliance (RODA) – have made layout suggestions, requested revisions to an earlier Environmental Impact Statement (EIS), and have pushed for a pause on development amid the challenges posed by the COVID-19 pandemic.

Read the full story at Seafood Source

Fisheries Survival Fund Questions NOAA Over Decision to Reinstate Observers, But Cancel Surveys

August 17, 2020 — Why are fishery surveys being canceled but at-sea-observers being reinstated? That’s the tough question that the Fisheries Survival Fund (FSF) is asking. FSF submitted a letter to NOAA Fisheries Assistant Administrator Chris Oliver on August 13, just one day before the resumption of observer programs in the Northeast region.

“As you know, FSF represents the significant majority of full-time Limited Access permit holders in the Atlantic scallop fishery,” the letter reads. “Our members are home-ported along the Atlantic Coast from Massachusetts through North Carolina. The scallop industry recognizes the value of observers, as well as the difficulty of decisions NMFS is confronting during the COVID-19 pandemic. However, FSF still does not understand why NMFS cancelled unique fishery-independent surveys critical to resource management yet is reinstating less critical fishery-dependent data collected by observers when other options (VTRs, vessel tracking, and electronic monitoring) are available.”

Read the full story at Seafood News