Peter Shelley Archives - Saving Seafood

Return of Fishing in Atlantic Marine Monument Spurs Legal Challenge

June 18, 2020 — Two weeks after President Donald Trump opened the door to commercial fishing in scientifically important ocean waters off the coast of Cape Cod, environmentalists shot back Wednesday with a federal complaint.

“From our perspective, President Trump seemed to know, actually, very little about what the purpose of the monument was or what it was trying to accomplish when he signed his proclamation,” Conservation Law Foundation senior counsel Peter Shelley said in a phone call Wednesday.

“We’ve been in there for 40 years,” Jon Williams, owner of the Atlantic Red Crab Company, told Trump. “And so if the environmental groups can deem the place pristine and we’ve been operating in that area for 40 years and they can’t find any evidence where we’ve done any damage, I would say we’ve been pretty good stewards of that 5,000 miles.”

Coinciding with Wednesday’s lawsuit, the New England Fishing Management Council unveiled new steps it has taken to protect fragile corals, specifically by prohibiting the use of bottom-tending commercial fishing gear in areas where corals are common.

“We’ve said from the beginning that fishery management councils are best suited to address the complicated tradeoffs involved in managing fisheries, and we appreciate regaining our control to do so in the monument area,” John Quinn, chairman of the council, said in a statement.

“The monument area will not be ‘wide open to industrial fishing,’” Tom Nies, the council’s executive director, said in a statement.

“The council worked hard to walk that fine line between providing strong habitat and coral protections in the area while balancing the social and economic impacts to the industry,” Nies continued. “We don’t think the recent criticism from the environmental community since the announcement of the second monument proclamation is entirely warranted. Existing fishery management measures provide strong protections for Lydonia and Oceanographer Canyons, and with the coral amendment, we’re preventing commercial fishing from expanding beyond its historical footprint. The council took this step while carefully weighing the associated impacts. We look forward to the implementation our amendment.”

Read the full story at Courthouse News Service

MASSACHUSETTS: Gloucester again at center of drilling fight

March 8, 2018 — GLOUCESTER, Mass. — In the late-1970s, an unlikely alliance between environmentalists and commercial fishermen in this storied seaport helped block plans to open up Georges Bank to oil exploration — an effort that ultimately led to a federal moratorium on offshore drilling.

Georges Bank, a shallow and turbulent fish spawning ground southeast of Cape Ann and 100 miles east of Cape Cod, has been fished for more than 350 years. It is once again the center of a battle over drilling, this time stemming from President Donald Trump’s plan to allow private oil and gas companies to work in federal waters.

And, once again, Gloucester is poised to play an oversized role in opposing the efforts.

“It was a stupid idea back then, and it’s a stupid idea now,” said Peter Shelley, a senior attorney with the Conservation Law Foundation, which teamed up with Gloucester fisherman to fight the proposal more than three decades ago. “But yet here we are, fighting it once again. It’s ridiculous.”

The Trump administration says existing federal policy keeps 94 percent of the outer continental shelf off-limits to drilling. A five-year plan announced by Interior Secretary Ryan Zinke last year would open at least 90 percent of that area beyond state waters to development by private companies.

Read the full story at the Gloucester Times

Trump plan to allow oil drilling off New England unites foes in opposition

March 5, 2018 — For decades, they have done battle — through street protests, in courtrooms, on Beacon Hill. It takes a lot, something broadly and viscerally opposed, to unite the traditional foes.

But the Trump administration’s new plan to allow drilling for oil and gas off the shores of New England has done just that, forging a bipartisan coalition of fishermen, environmental advocates, industry groups, and scientists against the plan.

At a recent press conference held to denounce the plan, Peter Shelley of the Conservation Law Foundation noted that the last time he stood on the same side as so many fishermen was some four decades ago, when the federal government last pressed such a proposal.

“It’s ridiculous, and very discouraging, that we’re back here 40 years later,” he said, noting that the previous coalition succeeded in blocking offshore drilling while opponents in other regions failed. “It didn’t make sense then, and it makes less sense now.”

When Angela Sanfilippo, president of the Gloucester Fishermen’s Wives Association, spoke at the press conference last Monday at the New England Aquarium, she smiled at Shelley, a longtime proponent of fishing regulations.

“Here we are again,” she said, calling the drilling proposal “a disgrace.” “We’re not going to allow it to happen . . . Georges Bank is the richest fishing ground in the world. We have to protect it with our lives.”

In January, the Trump administration announced it was lifting a drilling ban and would allow prospecting for offshore oil and gas deposits in nearly all the coastal waters of the United States.

The US Bureau of Ocean Energy Management, which will oversee the permitting process, estimates that opening the proposed areas could tap some 90 billion barrels of oil and 327 trillion tons of natural gas, potentially a major boost to the nation’s energy reserves.

Read the full story at the Boston Globe

Massachusetts: Promise of jobs, revenue not muting foes of offshore drilling

February 27, 2018 — BOSTON — The Trump administration proposal to open new tracts of ocean to the oil industry could create “hundreds of thousands of jobs,” according to an offshore energy group whose president said the plan is part of a “larger push to increase the global competitiveness of America and to spur jobs and economic growth at home.”

But the prospect of drilling off the Massachusetts coast also brought together advocates on Monday who are often at loggerheads but are now pulling in the same direction, against the Trump administration’s plans.

Decades ago, when oil exploration at George’s Bank last occurred, the Conservation Law Foundation (CLF) joined together with the Gloucester Fishermen’s Wives to fight the proposal, ultimately prevailing, and those groups and others are hoping for a repeat this time around.

“It was a remarkable moment,” said Peter Shelley, senior counsel at CLF, who said it is “ridiculous” that the idea has resurfaced.

“We knew this would not die completely,” said Angela Sanfilippo, of the Fishermen’s Wives, who said she saw the devastation an oil spill can bring to a fishing community when she visited New Orleans after Deepwater Horizon spewed fuel into the Gulf of Mexico eight years ago.

CLF often supports regulations on fishing that the industry opposes, but the two groups — and others — were on the same side for Monday’s event, organized by U.S. Sen. Ed Markey one day before the Bureau of Ocean Energy Management’s hearing on the offshore drilling proposal in Boston.

The public meeting scheduled for 3 p.m. at Sheraton Boston Hotel is a “sham” because officials there will not take live testimony from the public and the meeting location was moved multiple times, according to Markey.

“We cannot allow George’s Bank to become Exxon’s Bank,” Markey said at Monday’s event, held at the New England Aquarium. The Trump proposal is an “invitation to disaster,” he said.

The Trump administration has proposed opening up waters to drilling and oil exploration, allowing companies to tap into some of the estimated 89.9 billion barrels of oil sitting undiscovered beneath the continental shelf. The idea has pitted food providers against fuel providers.

Read the full story at the Gloucester Times

One Square Mile: New Bedford’s Scallop Industry Is Thriving, But Is It Sustainable?

February 14, 2018 — Is the scallop fishery well-managed? Most people, including scallop fishermen, scientists, and environmentalists, had the same answer: yes.

“I think the harvest is being managed, compared to any other fishery in New England, fabulously,” Peter Shelley, senior counsel at Conservation Law Foundation, an environmental advocacy group, said.

The majority agree that the New England Fishery Management Council is doing a good job at keeping the scallop population sustainable and allowing fishermen to make a good living.

Last year, commercial fishermen landed more than $300 million worth of fish at the Port of New Bedford, and 85 percent of that value came from scallops.

Michael Quinn, whose family has been in the scallop fishing industry for 30 years, said he believes the industry is well-managed partly because of the collaboration between fishermen and researchers.

“We get to take scientists directly on our vessels,” Quinn said. “We go out to sea with them. We’re living with these people for a week at a time doing all the data together.”

Data on the scallop population is collected through drop camera surveys. That’s when scientists attach cameras to a big, metal, square frame and drop it to the bottom of the ocean. They take pictures of the scallops and then scientists on the management council’s Plan Development Team use that data to help figure out how much fishermen can catch and which areas should be opened or closed for fishing.

Read the full story at Rhode Island Public Radio

Opponents, supporters react to Trump’s offshore drilling plan

February 6, 2018 — Environmentalists, fishermen, and state governments are signaling their opposition to the Trump administration’s proposed plan to reopen the ocean off Cape Cod and New England to oil and gas exploration.

“We are skeptical of anything the Trump Administration is doing in the marine environment or anything they are proposing to do,” said Conservation Law Foundation Vice President Priscilla Brooks.

A 2016 Bureau of Ocean Energy Management report estimated nearly 90 billion barrels of recoverable oil and 327 trillion tons of natural gas existed in mostly unexplored areas of the U.S. continental shelf. The new push for fossil fuel exploration and recovery was announced Jan. 4 with the unveiling of the Bureau of Ocean Energy Management’s Draft Five Year Outer Continental Shelf Oil and Gas Leasing Program. It is part of President Donald Trump’s campaign pledge to make the U.S. more energy independent.

Currently, offshore fossil fuel exploration is controlled by a BOEM plan finalized near the end of the Obama presidency. Obama invoked a 1953 law, the Outer Continental Shelf Lands Act, to give what he said would be permanent protection from drilling to the continental shelf from Virginia to Maine.

But there were doubts that Obama’s use of the 1953 law would hold up in court, and the new plan is meant to replace the current one. International Association of Drilling Contractors President Jason McFarland hailed the inclusion of the Atlantic, Pacific, Arctic and an expansion of Gulf of Mexico drilling areas as an important step in achieving the goal of U.S. energy dominance in the world.

“IADC has long argued for access to areas that hold potential for oil and gas development,” McFarland wrote in comments last month, citing a U.S. Energy Information Administration estimate of a 48 percent growth in worldwide energy demand over the next 20 years. “The number and scale of the recoverable resources is large, and can lead to thousands of new jobs and billions of dollars in investment.”

But the Massachusetts Lobstermen’s Association and the various fishermen’s associations have panned the proposal. Last week, the New England Fishery Management Council approved a comment letter to BOEM that requested Mid-Atlantic and Northern Atlantic lease areas be excluded from the exploration and drilling.

Read the full story at the Cape Cod Times

Rafael Faces New Allegations For Violations In Scallop Fishery

January 16, 2018 — A New Bedford fishing mogul known as “The Codfather” is facing new federal allegations for misreporting the amount of fish harvested by his fleet, this time in the scallop fishery.

“The Codfather,” or Carlos Rafael, is currently serving a 46-month prison sentence for falsifying groundfish quota, and for other offenses including tax evasion and bulk cash smuggling.

Now, the National Oceanic and Atmospheric Administration is alleging Rafael lied about how many scallops four of his vessels caught during fishing trips in 2013. NOAA is looking to revoke permits issued to those vessels and charge Rafael a penalty of $843,528.

Peter Shelley, senior counsel at the Conservation Law Foundation, an environmental advocacy group, said these new allegations are critical.

“I think (these allegations) will be a strong enough deterrent that will really discourage people who might want to break the law from doing that, and it certainly will support the many fishermen in the fishery who obeyed the law that they’re not doing it for vain, that the agency will back them up,” Shelley said.

Read the full story at Rhode Island Public Radio

Cape Cod Times: A landmark fisheries plan

January 15, 2018 — For seafood lovers, there’s nothing better than a lightly battered scallop, freshly harvested from the North Atlantic, and dipped in simmering butter. And now that federal regulators have agreed to open an area east of Nantucket, closed since the 1990s, fishermen could catch as much as $218 million worth of scallops this year, and $313 million over three years. Expect those fried scallop plates to cost less this summer.

The reopening of the sea bed is just one of the many beneficial outcomes of a new fisheries management plan that was nearly 15 years in the making. The landmark set of regulations opens a large swath of the region’s waters to fishing while maintaining other closures to protect vulnerable species. The plan uses science and the latest technology to decide which ocean areas are important for the critical life stages of fish and shellfish species and how to protect them.

Two decades ago, habitat closures were decided based on drawing a line around areas where fish were congregating. Now, with a model that compares the sea bed with the impact of fishing, regulators can make decisions that will help restore and protect fish stocks. The new plan also sets aside research areas to investigate the link between habitat and fish productivity.

“We think these are groundbreaking regulations,” said John Bullard, NOAA’s outgoing regional administrator, who issued the regulations as one of his last acts on the job. “It puts the focus on the quality of the habitat protected — not the quantity, or how many square miles were protected.”

Cape fishermen are pleased with at least two elements of the plan. They cheered the closing of a large part of the Great South Channel that runs between the Cape and Georges Bank because it is essential habitat for spawning cod and other fish species. State and federal surveys have found that the region’s cod population has plummeted by about 80 percent over the past decade. Closing this area will now help ensure the continued survival of species like Atlantic cod, haddock, and flounder for years to come.

Read the full opinion piece at the Cape Cod Times

2018 will be good year for clam chowder, Bumble Bee, thanks to NOAA moves

January 9, 2018 — The makers and fans of New England clam chowder, including Bumble Bee Seafood, can feel confident that the kind of mollusk most often used to make the soup — ocean quahogs — will be in ample supply in 2018 thanks to two moves made recently by the National Oceanic and Atmospheric Administration (NOAA).

Ocean conservationists, however, are not breaking out their party hats and noisemakers.

When John Bullard, NOAA’s northeast regional administrator, informed the New England Fishery Management Council last week that the agency will authorize the majority of NEFMC’s Omnibus Essential Fish Habitat Amendment 2 (OA2), many focused on the positive ramifications for scallop harvesters.

But NOAA’s approval of the council’s new plan for balancing the conservation of different sea life with the concerns of local fishermen also came with good news for harvesters of ocean quahogs and surf clams. Bullard informed NEFMC that his agency also agrees with its suggestion to provide a one-year exemption for clam harvesters to prohibitions against the controversial use of hydraulic dredging gear in the Great South Channel habitat management area (HMA), a deep-water passage that cuts between Nantucket and Georges Bank.

Read the full story at Undercurrent News

MASSACHUSETTS: CLF teleconference on Rafael agrees on one thing: More monitoring

September 14, 2017 — NEW BEDFORD, Mass. — Less than two weeks remain until the Carlos Rafael trial is scheduled to wrap up with sentencing set for Sept. 25 and 26.

The Conservation Law Foundation held a teleconference Wednesday to discuss the evolution of Rafael’s actions to his guilty plea and potential fallout from sentencing.

CLF attorney Peter Shelley discussed the topic with Togue Brawn of Downeast Dayboat, a commercial scallop company, and Patrick Shepard of the Maine Center for Coastal Fisheries.

“I think it’s fair to say all eyes on are NOAA fisheries and what’s it going to do,” Shelley said.

The answer at this point is no one really knows — at least until sentencing. NOAA has consistently told The Standard-Times it doesn’t comment on ongoing litigation.

However, the CLF teleconference provided recommendations on what can be done in the aftermath of Rafael’s sentencing.

Read the full story at the New Bedford Standard-Times