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Commercial fishing groups sue to block wind farm auction

December 8, 2016 โ€” Commercial fishing groups, including New England scallopers, have sued the federal government seeking to block a Long Island offshore wind-farm energy auction that is scheduled to take place next week.

The groups, including the Long Island Commercial Fishing Association, seek a preliminary injunction to block the auction for a wind-energy area around 11 miles off the coast of Jones Beach. The groups say the auction and eventual construction of the wind-farm would severely hamper fishing in the area.

The New York State Energy Research and Development Authority is among 14 parties deemed eligible to bid for the right to erect a wind farm in 81,000 acres of water off Long Islandโ€™s southern shore. NYSERDA this year took on a project begun by LIPA in 2008, and plans to bid on the area next week, officials have said. NYSERDA also recently completed a three-year study of offshore wildlife in the area.

Robert Vanasse, a spokesman for the fishing groups, said lawyers for fishermen had attempted as recently as last week to work out a compromise on the areas designated for the wind-energy area.

โ€œIt became obvious the administration had no interest in working cooperatively,โ€ he said.

Read the full story at Newsday

Fishing groups seek Atlantic wind farm delay

December 8, 2016 โ€” MINEOLA, N.Y. โ€” 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 Managementโ€™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 doesnโ€™t comment on pending litigation.

The countryโ€™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 โ€œdiminutive changeโ€ in their motion. The fishing groups said they arenโ€™t opposed to wind farms. But they argue that site alternatives werenโ€™t considered and that conducting site analysis after a lease sale is completed will be too late.

โ€œBOEM must carry out the proper analysis prior to officially leasing out areas to companies for construction, due to the importance of this fishery area,โ€ 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.

โ€œIt must adequately and accurately characterize the potential impacts to the industry from construction on this site,โ€ 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 โ€” The following was released by the National Coalition for Fishing Communities:

WASHINGTON โ€” December 8, 2016 โ€“ 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 regionโ€™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 fishermenโ€™s concerns regarding the location of the lease area received โ€œvirtually no attention or analysisโ€ 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 farmโ€™s environmental, economic, social, and cultural impacts, and failed to โ€œconsider alternative sites in an open, collaborative, public forum.โ€

Several other members of the National Coalition for Fishing Communities (NCFC)โ€”including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resourcesโ€”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 Fishermenโ€™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 Fishermenโ€™s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nationโ€™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

U.S. House Makes Strong Statement Against Marine Monument

July 14, 2016 โ€” The following was released by the National Coalition for Fishing Communities:

WASHINGTON (NCFC) โ€” The U.S. House of Representatives made a strong statement against the declaration of marine monuments last night, passing an amendment offered by Congressman Lee Zeldin (R-New York) to bar funding for the designation of any National Marine Monuments by the President.  The amendment to H.R. 5538, the Fiscal Year 2017 Interior and Environment Appropriations bill, passed the House by a vote of 225-202. Congressman Zeldin represents a coastal district and the fishing hub of eastern Long Island, N.Y.

Yesterday, National Coalition for Fishing Communities (NCFC) members the Garden State Seafood Association (NJ), the Red Crab Harvesters Association (MA), the Long Island Commercial Fishing Association, and Blue Water Fisheries Inc. (NY) asked fellow NCFC members to reach out to their representatives to support the amendment. The Montauk Tilefish Association (NY) and the Monkfish Defense Fund joined them in calling for support for the amendment.

Mr. Zeldin explained that he offered the amendment to keep commercial fishermen from losing access to important fishing areas through Marine Monument Designations. Opposition to the amendment was led by Congresswoman Niki Tsongas (D-Massachusetts) and Congresswoman Chellie Pingree (D-Maine).

โ€œAs we heard at a field hearing in Riverhead, New York, unilateral marine monument designations override the current public process of established fisheries management and threatens the livelihood of the U.S. fishing industry,โ€ said House Natural Resources Committee Chairman Rob Bishop (R-Utah).

โ€œCongressman Zeldinโ€™s amendment brings us one step closer to protecting local economies while safeguarding local input in management decisions,โ€ Chairman Bishop continued. โ€œMany Presidentsโ€”but not allโ€”have used the Antiquities Act, but they use it sparingly. Only a few Administrations, including this one, have abused the Act. President Obama has a long history of abusing the Antiquities Act, locking up land and water with the stroke of a pen.โ€

โ€œWe applaud Congressman Zeldin for his leadership on protecting fishermen both in his district here on Long Island, and across America,โ€ said Bonnie Brady of the Long Island Commercial Fishing Association.

Marine Monuments are large areas of ocean where commercial fishing would be banned without consulting the local community, fishermen, or regional fishery managers. Mr. Zeldinโ€™s amendment mandates that, โ€œNone of the funds made available by this Act may be used to declare a national monument under section 320301 of title 54, United States Code, in the exclusive economic zone of the United States established by Proclamation Numbered 5030, dated March 10, 1983.โ€

The bill now goes to the U.S. Senate. Any differences between the House and Senate bills must be worked out between the two bodies, and a final bill is expected to be passed by both chambers before Sept. 30. Should the amendment survive the conference process, it will complicate the Obama Administrationโ€™s ability to act. While it would not stop a declaration, it would not allow funds to be spent to implement a declaration.

In 2014, President Obama declared a 407,000 square mile National Marine Monument in the Pacific Ocean where commercial fishing was banned and recreational fishing was severely limited.

Now important fishing areas in the Northwest Atlantic, on the West Coast, and in Alaska, where fishermen have worked for centuries, are under consideration for Monument designations with little public input and no transparency.

In a letter to House colleagues, Mr. Zeldin stated that there is an emerging national consensus that โ€œany efforts to create marine protected areas in the EEZ must be done through the transparent and consultative process laid out by the landmark Magnuson-Stevens fishery conservation law. No one is more invested in protecting Americaโ€™s waters from overfishing than the hardworking families who rely upon fishing for their livelihoods.โ€

Fishermen worry about plan for wind farm off New York coast

June 20, 2016 โ€” MINEOLA, N.Y. โ€” A long-stalled plan to build a forest of power-producing windmills off the coast of New York may finally be gathering momentum, and that is sparking concern among commercial fishermen who fear the giant turbines will ruin an area rich with scallops and other sea life.

Federal officials announced earlier this month that they would auction off the rights to build the wind power farm on a 127-square-mile wedge of the Atlantic Ocean.

The tip of the wedge begins about 11 miles south of Long Islandโ€™s popular Jones Beach and spreads out across an area, sandwiched between major shipping lanes, where trawlers harvest at least $3.3 million worth of sea scallops each year, as well as smaller amounts of mackerel, squid and other species, according to a study commissioned by the Bureau of Ocean Energy Management.

โ€œThereโ€™s got to be a better place,โ€ said Eric Hansen, a scallop fisherman based in New Bedford, Massachusetts.

Groups including the Long Island Commercial Fishing Association and the Fisheries Survival Fund and a seafood company in Rhode Island have already voiced objections about damage to the fishing ground and potential navigation hazards for vessels traversing the area.

โ€œWeโ€™ll fight it every step of the way,โ€ said Drew Minkiewicz, an attorney representing the Fisheries Survival Fund, although he stopped short of threatening legal action. He said scallop fishermen donโ€™t object to all wind farms, but are angry the New York site was chosen without their input.

Read the full story from the Associated Press at the Times Union

East Coast Fishing Groups Unite in Opposition to Atlantic Monument

June 2, 2016 โ€” The following was released by the National Coalition for Fishing Communities:

UPDATE: A previous version of this release mistakenly omitted a statement by the American Bluefin Tuna Association. Additionally, since the original release, the American Scallop Association has endorsed the ASMFC resolution. The release has been updated to reflect these changes.

WASHINGTON (NCFC) โ€” The most valuable fishing port in the U.S. โ€“ New Bedford, Mass. โ€“ and eight major fishing groups from Florida to Massachusetts are backing an Atlantic States Marine Fisheries Commission (ASMFC) resolution opposing current proposals for a monument off the coast of New England. The fisheries most likely to be affected by a National Monument designation inside the continental shelf, including the valuable red crab, swordfish, tuna, and offshore lobster fisheries, have all come out in support of the ASMFC resolution.

Rep. Rob Bishop (R-UT), Chairman of the House Committee on Natural Resources, is in New Bedford today, where he will hear from regional stakeholders about the negative effects a monument would have on commercial fisheries.

Multiple environmental groups have been pushing the Obama Administration to use executive authority under the Antiquities Act to designate an offshore monument in the Atlantic. Earlier this month, the ASMFC unanimously approved a resolution urging the Administration to forgo a monument designation and instead allow the current management process protecting ocean ecosystems to continue. If the President decides to create a monument, the ASMFC resolution asks that it be seaward of the continental shelf, only prohibit bottom tending fishing, and that any plan be available for public review before it is implemented.

In a letter to the White House, the American Bluefin Tuna Association (ABTA) expressed concern that a monument designation would eliminate all forms of fishing in the protected areas. โ€œGiven that our fishing gear has no negative impact on deep sea coral, a proposed prohibition on the fishing methods we employ would be arbitrary, completely unnecessary and would result in significant negative economic consequences,โ€ ABTA wrote.

A monument declaration may have devastating economic impacts on New Bedford as well. The mayor of New Bedford, Jon Mitchell, has come out strongly against a monument and praised the ASMFC resolution in a statement, saying he โ€œapplauds the ASMFC for asking the White House not to establish a marine monument off the coast of New England.โ€

East Coast fishing groups that may also be severely impacted by a monument designation, including many members of the National Coalition for Fishing Communities (NCFC), are lending their strong support to the ASMFC resolution. One fishery that could suffer if it is prohibited from fishing in a monument area is the red crab fishery, valued at over $15 million.

โ€œRarely in the history of New England commercial fishing have we seen the entire industry and its regulatory bodies unite behind a single cause,โ€ said the New England Red Crab Harvesterโ€™s Association in a statement. โ€œYet with its recent unanimous vote on the marine monument designation, the Atlantic States Marine Fisheries Commission joined industry leaders in sending a clear message to the Obama administration: the current monument process poses a serious threat to effective ocean management, and would have disastrous environmental and economic impacts.โ€

The Fisheries Survival Fund (FSF), which represents members of the Atlantic sea scallop fishery, supported the ASMFC resolution in a letter to the White House. FSF argued that a monument designation would contradict the Presidentโ€™s own Executive Order 13563, which states in part that regulations should be based on the best available science, involve public participation, and include coordination across agencies.

โ€œPublic areas and public resources should be managed in an open and transparent manner, not an imperial stroke of the pen,โ€ FSF wrote.

Other groups that have publicly supported the ASMFC plan are the Garden State Seafood Association, Long Island Commercial Fishing Association, Southeastern Fisheries Association, North Carolina Fisheries Association, and American Scallop Association. All of these groups are members of NCFC, which provides a unified voice for fishing groups and businesses. Similarly, the Blue Water Fishermenโ€™s Association, which is not an NCFC member, wrote to the White House opposing an Atlantic Monument.

Fishing Group Opposes A Marine Preserve

May 13, 2016 โ€” The Long Island Commercial Fishing Association has joined the Atlantic States Marine Fisheries Commission in the latter groupโ€™s motion to oppose the designation of an offshore marine monument in the Northeast Atlantic, which environmental groups support.

Bonnie Brady, executive director of the Long Island Commercial Fishing Association, released a statement on Friday in support of the fishery commissionโ€™s resolution. The resolution โ€œallows for the protection of deep-sea corals, while at the same time protecting commercial fishing jobs,โ€ she said. โ€œIt prevents the further contraction of our fisheries as we try to reclaim domestic markets from the onslaught of imported fish and shrimp, which too often is harvested by forced and involuntary laborers working in inhumane conditions.โ€

Read the full story at the East Hampton Star

Statement from the Long Island Commercial Fishing Association on ASMFC Marine Monument Policy

May 6, 2016 โ€” The following statement was released by Bonnie Brady, Executive Director of the Long Island Commercial Fishing Association, following the passage of the ASMFC motion calling for the president not to declare a marine monument in the Atlantic Ocean:

โ€œThe Long Island Commercial Fishing Association fully supports the motion approved by the ASMFC. The plan is a win for all. It allows for the protection of deep-sea corals, while at the at the same time protects commercial fishing jobs. It prevents the further contraction of our fisheries as we try to reclaim domestic markets from the onslaught of imported fish and shrimp, which too often is harvested by forced and involuntary laborers working in inhumane conditions.โ€

###

The Long Island Commercial Fishing Association works to promote and educate the public about commercial fishing on Long Island.

Read more about the ASMFC decision at Saving Seafood

Sustainable Fishburger Based On Chef Eric Ripertโ€™s Recipe Coming To Hamptons School

January 8, 2016 โ€” A group of extraordinary East End chefs have joined forces in the kitchen for The Montauk Fishburger Project, an initiative that aims to familiarize local elementary and high school students with one of the areaโ€™s plentiful, nutritious resources, which is being conscientiously harvested under firm federal and state fisheries management regulations, incredibly close to home.

The program is being pioneered by the founding members of Dock to Dish, the first Restaurant Supported Fishery program in the U.S., who have now established the inaugural partnership with The Long Island Commercial Fishing Association and the Bridgehampton Edible School Garden program, with the goal of making wild, sustainable, traceable local seafood readily available to East End youth.

Read the full story at Hamptons Online

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