Saving Seafood

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

Texas Public Policy Foundation Hosts Fishermen to Talk Wind Impacts

January 24, 2022 — The following was released by the Texas Public Policy Foundation: 

 

The growing wind industry is increasingly looking to offshore to capture ample wind resources, especially in the Northeast U.S. However, the impact of this development on commercial fishermen, endangered species, and grid reliability is being ignored. Hear from a group of Rhode Island fishermen who are suing the federal government to properly enforce its laws and how Texas could be impacted by the outcome.

Speakers:
Bonnie Brady – Exec. Director, Long Island Commercial Fishing Association
Meghan Lapp – Fisheries Liaison and General Manager, Seafreeze Shoreside
Rep. Jared Patterson – Texas State Representative
The Hon. Jason Isaac – Director of Life:Powered, Texas Public Policy Foundation

Rhode Island commercial fishers join anti-Vineyard Wind lawsuit

December 23, 2021 — Lawyers for a Texas-based libertarian think tank, joined by members of the Rhode Island commercial fishing industry, have filed a federal lawsuit that seeks to stop the Vineyard Wind project from moving forward.

An 85-page complaint filed last week in U.S. District Court for the District of Columbia claims that federal regulators improperly permitted Vineyard Wind I, the offshore wind project that would place 62 turbines 15 miles off the coast of Martha’s Vineyard while powering 400,000 Massachusetts homes.

Some commercial fishing interests in the Northeast have been trying to stop the project. In the latest round, a handful of plaintiffs across three states are represented by lawyers with the Texas Public Policy Foundation and its Center for the American Future. The foundation bills itself as a non-profit with a mission “to promote and defend liberty, personal responsibility, and free enterprise in Texas and the nation.”

The Rhode Island plaintiffs include Seafreeze Shoreside Inc. — a Port Judith fish dealer and portside service provider — and two small fishing companies owned by Thomas E. Williams of Westerly. The Northeast Fisheries Sector XIII — a Massachusetts-based coalition of fisheries permit holders — and New York’s Long Island Commercial Fishing Association area also parties to the lawsuit.

Read the full story at the Boston Business Journal

Texas Public Policy Foundation brings fishermen’s lawsuit against Vineyard Wind

December 22, 2021 — The federal Bureau of Ocean Energy Management has so prioritized offshore wind energy development that it is bypassing real environmental review and failing to consider alternative sites that won’t harm the commercial fishing industry, charges a lawsuit brought by the Texas Public Policy Foundation.

Filed Dec. 15 in federal court in Washington, D.C., on behalf of six fishing businesses in Rhode Island, Massachusetts and New York, the action challenges BOEM and other federal agencies on their review of the 800-megawatt Vineyard Wind project off southern New England.

The lead plaintiff, Seafreeze Shoreside Inc. of North Kingston, R.I., is a homeport and major processor for the Northeast squid fleet. Captains there are adamant they will not be able to fish if Vineyard Wind and other planned turbine arrays are erected in those waters.

Meghan Lapp, fisheries liaison at Seafreeze and a vocal advocate for its fishermen, said she had heard mention of the Texas Public Policy Foundation in conversation, “kind of along the lines of Pacific Legal Foundation which litigated for the fishing industry on the Northeast marine monument” fishing restrictions recently reinstated by the Biden administration.

Read the full story at National Fisherman

U.S. fishing industry teams up with oil lobby to fight offshore wind

December 17, 2021 — Members of the U.S. commercial fishing industry are teaming up with an oil industry-backed lobbying group to fight offshore wind energy development on the East Coast, according to documents reviewed by Reuters and interviews with people involved.

The unusual alliance reflects the breadth of opposition President Joe Biden faces as his administration pushes to expand offshore wind power and other clean energy sources dramatically to combat climate change.

The fishing industry believes offshore wind farms will interfere with vessel navigation and hurt crucial stocks like squid and scallops, while some in the oil industry see renewable energy projects as unwanted competition to fossil fuels.

Several fishing businesses, including a seafood dealer in Rhode Island and fishing groups in New York and Massachusetts, sued the administration this week in federal court in Washington, D.C. to block its approval of the Vineyard Wind offshore wind project off the Massachusetts coast.

Meghan Lapp, fisheries liaison for Rhode Island-based Seafreeze Shoreside Inc, a seafood dealer and plaintiff in the lawsuit, told Reuters she had approached TPPF several months ago to see if it would be willing to represent the group.

She expressed no concern about the group’s ties to the oil and gas industry, saying: “If your entire economic future was at stake, and somebody offered to help you, would you care?”

Read the full story from Reuters

Northeast squid fishermen, processors optimistic about steady markets

May 16, 2018 — The northeast longfin (loligo) squid fishery runs year-round, with the commercial harvest typically peaking in spring and fall. The shortfin (illex) squid season typically gains traction from May and runs into the fall, with catch largely related to feeding and spawning migration and market conditions.

Ex-vessel price for longfin varies from year to year and is driven by fresh market demand instead of freezer demand.

“It depends on the run, but fishermen get around $1.40 per pound, or higher, if the fresh market is hot,” said Eric Reid, general manager of the Rhode Island processor Seafreeze Shoreside. “That price doesn’t seem to want to go anywhere. The fishery is driven by the processor price, which is strong.”

NOAA approved new squid specifications for the 2018-20 fishing years. The annual quota for shortfin was set at 50.52 million pounds, and the longfin quota is similar at 50.56 million pounds.

“Currently, weather is determining the catch more than anything,” said Reid. “Fishing has not been spectacular yet, but we’ve been severely constrained for the past month or so. It’s weather dependent, but there are signs that the fish are around.”

“Right now, the domestic market demand is extremely good in the short term,” said Reid. “Once we get into our spring fishery, a lot more vessels are involved, and they are closer to the shore, so we will see how that impacts things.”

Read the full story at National Fisherman

 

NCFC Members Reaffirm Support for Interior Department’s Marine Monument Recommendations

December 5, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Following today’s official release of Interior Secretary Ryan Zinke’s recommendations to alter three marine national monuments, members of Saving Seafood’s National Coalition for Fishing Communities are reiterating their support for these recommendations, which will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

In September, NCFC members expressed initial support for the changes when a draft of the recommendations were reported in the press. Because the final recommendations are identical to those initially reported, NCFC members stand by their initial statement, which is reproduced below:

Secretary Zinke’s recommendations to President Donald Trump would allow commercial fishing managed under the Magnuson-Stevens Act (MSA) in the recently designated Northeast Canyons and Seamounts Marine National Monument. He also  recommended revising the boundaries or allowing commercial fishing under the MSA in the Pacific Remote Islands Marine National Monument and the Rose Atoll Marine National Monument. NCFC members in the Pacific hope that the White House will extend these recommendations to the Papahānaumokuākea Marine National Monument, and appreciate the open and transparent process by which Secretary Zinke reviewed these designations.

Marine monument expansions and designations have been widely criticized by commercial fishing interests as well as by the nation’s eight regional fishery management councils, which in a May 16 letter told Secretary Zinke and Commerce Secretary Wilbur Ross that marine monument designations “have disrupted the ability of the Councils to manage fisheries throughout their range.” Fishing industry members believe these monuments were created with insufficient local input from stakeholders affected by the designations, and fishing communities felt largely ignored by previous administrations.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I., who has been critical of the Obama Administration’s process in designating the monument. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades. We are grateful that the voices of fishermen and shore side businesses have finally been heard,” Mr. Reid concluded.

“There seems to be a huge misconception that there are limitless areas where displaced fishermen can go,” said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. “Basically with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

“The fisheries management process under the existing Magnuson Act is far from perfect, but its great strength is that it has afforded ample opportunities for all stakeholders to study and comment on policy decisions, and for peer review of the scientific basis for those decisions,” stated Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port. In March, Mayor Mitchell submitted testimony to Congress expressing concern over marine monuments. “The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think hitting the reset button ought to be welcomed no matter where one stands in the current fisheries debates, because the end result will be better policy and better outcomes,” Mayor Mitchell concluded.

Fishermen in the Pacific are also supportive of the Interior Department’s review, but remain concerned about the effects of the Papahānaumokuākea Monument, which was omitted from the version of the recommendations being reported. “We are appreciative of Secretary Zinke’s review, and his reported recommendations to support commercial fishing in the Pacific Remote Islands Monument,” said Sean Martin, president of the Hawaii Longline Association. Hawaii’s longline fishing fleet supplies a large portion of the fresh tuna and other fish consumed in Hawaii. “However, we hope that the White House will extend these recommendations to the Papahānaumokuākea Monument, where President Obama closed an area nearly the size of Alaska without a substantive public process. The longline fleet caught about 2 million pounds of fish annually from the expanded area before it was closed to our American fishermen. That was a high price to pay for a presidential legacy,” Mr. Martin continued.

The recommended changes come after an extensive and open public comment period in which the Interior Department solicited opinions from scientists, environmentalists, industry stakeholders, and members of the public. As part of the Interior Department’s review process, Secretary Zinke engaged with communities around the country affected by monument designations. This included a meeting with local fishermen in Boston who explained how the designation of the Northeast Canyons and Seamounts Monument has negatively impacted their livelihoods.

Critics of the monument designation include the regional fishery management councils; numerous fishing groups on the East Coast; and mayors from fishing communities on both coasts.

Additionally, fishery managers in Hawaii have been critical of expansions of both the Papahānaumokuākea Monument and the Pacific Remote Islands Monument. In an April 26 letter to Secretary Zinke, the Western Pacific Regional Fishery Management Council stated that marine monuments around Hawaii “impose a disproportionate burden on our fishermen and indigenous communities,” and noted that they have closed regulated domestic commercial fishing in 51 percent of the U.S. exclusive economic zone in the region.

Florida charter fishermen applauded the review, and a return to the process of established law that guides fishery management. “Destin, Florida was founded by commercial fishermen before the turn of the 20th century, and continues to be a major port for commercial and charter fishing fleets,” said Captain Gary Jarvis, president of the Destin Charter Boat Association. “To our fishing community, it’s extremely important to address closures of historical fishing grounds through the Magnuson-Stevens mandated regional council process.”

Curiously, although President Obama’s September 2016 monument designation prohibited sustainable low-impact commercial fishing, it allowed other extractive activities including recreational fishing, and even far more destructive activities such as the digging of trenches for international communications cables.

NCFC members supporting the Interior Department’s reported recommendations include:

  • Atlantic Offshore Lobstermen’s Association
  • Destin Charter Boat Association
  • Fisheries Survival Fund
  • Garden State Seafood Association
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • North Carolina Fisheries Association
  • Seafreeze Shoreside
  • Southeastern Fisheries Association
  • Western Fishboat Owners Association
  • West Coast Seafood Processors Association

Learn more about the National Coalition for Fishing Communities here.

 

East Coast Fishing Coalition Continues Legal Challenge to Planned Wind Farm Off New York

WASHINGTON — December 1, 2017 — The following was released by the Fisheries Survival Fund:

A coalition of East Coast fishing businesses, organizations, and communities, led by the Fisheries Survival Fund (FSF), has taken the next step in its legal challenge to a planned wind farm off the coast of New York. FSF and its co-plaintiffs argue that the Bureau of Ocean Energy Management (BOEM) awarded the lease for the New York Wind Energy Area (NY WEA) to Norwegian energy company Statoil without fully considering the impact on fishermen and other stakeholders, in neglect of its responsibilities as stewards of ocean resources.

The plaintiffs outlined their arguments in a brief filed Tuesday in the United States District Court for the District of Columbia. In the brief, FSF criticizes BOEM’s claim that it is not the agency’s job to resolve conflicts among new and pre-existing ocean users in the NY WEA. In an October filing, BOEM wrote that it is “not the ‘government steward of the ‘ocean commons,’’” a claim that FSF calls “unbecoming.” In fact, BOEM’s own website states: “The bureau is responsible for stewardship of U.S. [Outer Continental Shelf] energy and mineral resources, as well as protecting the environment that development of those resources may impact.”

FSF also writes that the NY WEA, an expanse of ocean nearly twice the size of Washington, D.C., is a poor location for a wind farm, and that BOEM and Statoil have alternately claimed that it is both too early and too late to raise objections to the lease. Statoil previously stated that vacating the lease would “squander the resources and the five years that BOEM has expended to date in the leasing process,” even as BOEM promises it will consider measures to mitigate the impacts of a wind farm later in the process. By then, after more time and resources have been expended, a wind farm “will be all but a foregone conclusion,” FSF writes.

Additionally, FSF argues that evaluating alternatives and considering conflicting ocean uses from the start would ultimately benefit BOEM and energy developers, ensuring they do not expend vast resources developing poorly located wind farms. The brief cites the ongoing debacle over the Cape Wind energy project, an approved wind farm off Cape Cod, Massachusetts, as an example of what can go wrong when BOEM and a developer ram through an agreement and become too invested to turn back. After the project “slogged through state and federal courts and agencies for more than a decade,” delays and uncertainty have jeopardized, if not eliminated, Cape Wind’s financing and power purchase agreements, according to the brief.

The plaintiffs in this case are the Fisheries Survival Fund; the Borough of Barnegat Light, New Jersey; The Town Dock; Seafreeze Shoreside; Sea Fresh USA; Rhode Island Fishermen’s Alliance; Garden State Seafood Association; Long Island Commercial Fishing Association; the Town of Narragansett, Rhode Island; the Narragansett Chamber of Commerce; the City of New Bedford, Massachusetts; and the Fishermen’s Dock Co-Operative of Point Pleasant, New Jersey.

While the fishing groups hold wide-ranging views about offshore wind energy development, they all agree that the siting process for massive wind energy projects “should not be a land rush, but rather reasoned, fully informed, intelligent, and cognizant of the human environment,” according to the brief.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to Virginia. FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully rebuilt fishery. FSF also works with the federal government to ensure that the fishery is responsibly managed.

Marine monument may be opened to fishing under Trump

September 19, 2017 — US Interior Secretary Ryan Zinke has recommended that President Trump make significant changes to 10 national monuments, including proposals to allow commercial fishing in a protected expanse off Cape Cod and to open woodlands in Northern Maine to “active timber management.”

Zinke’s recommendations, first reported by the Washington Post, could have significant consequences for New England. Allowing commercial fishing in the Northeast Canyons and Seamounts Marine National Monument, which encompasses nearly 5,000 square miles, would undermine the main goals of the controversial preserve, environmental advocates said.

Opponents of the marine monument, which includes most of the commercial fishing industry, hailed the recommendations. They have argued the area was protected with insufficient input from their industry.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades.”

Grant Moore, president of the Atlantic Offshore Lobstermen’s Association, added: “There seems to be a huge misconception that there are limitless areas where displaced fishermen can go. Basically, with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

Read the full story at the Boston Globe

NCFC Members Support Interior Department’s Reported Marine Monument Recommendations

WASHINGTON — September 18, 2017 — The following was released by Saving Seafood’s National Coalition for Fishing Communities:

Members of Saving Seafood’s National Coalition for Fishing Communities support Interior Secretary Ryan Zinke’s reported recommendations to alter three marine national monuments. Coalition members are hesitant to comment on leaked recommendations that may not be final, but are offering comment due to the significant media attention this report has already received. The reported revisions to marine monuments will lessen the economic burden on America’s fishing communities while still providing environmental protections for our ocean resources.

According to reports, Secretary Zinke’s recommendations to President Donald Trump would allow commercial fishing managed under the Magnuson-Stevens Act (MSA) in the recently designated Northeast Canyons and Seamounts Marine National Monument. He also reportedly recommended revising the boundaries or allowing commercial fishing under the MSA in the Pacific Remote Islands Marine National Monument and the Rose Atoll Marine National Monument. NCFC members in the Pacific hope that the White House will extend these recommendations to the Papahānaumokuākea Marine National Monument, and appreciate the open and transparent process by which Secretary Zinke reviewed these designations.

Marine monument expansions and designations have been widely criticized by commercial fishing interests as well as by the nation’s eight regional fishery management councils, which in a May 16 letter told Secretary Zinke and Commerce Secretary Wilbur Ross that marine monument designations “have disrupted the ability of the Councils to manage fisheries throughout their range.” Fishing industry members believe these monuments were created with insufficient local input from stakeholders affected by the designations, and fishing communities felt largely ignored by previous administrations.

“The Northeast Canyons and Seamounts Marine National Monument was designated after behind-closed-door campaigns led by large, multinational, environmental lobbying firms, despite vocal opposition from local and federal officials, fisheries managers, and the fishing industry,” said Eric Reid, general manager of Seafreeze Shoreside in Narragansett, R.I., who has been critical of the Obama Administration’s process in designating the monument. “But the reported recommendations from the Interior Department make us hopeful that we can recover the areas we have fished sustainably for decades. We are grateful that the voices of fishermen and shore side businesses have finally been heard,” Mr. Reid concluded.

“There seems to be a huge misconception that there are limitless areas where displaced fishermen can go,” said Grant Moore, president of the Atlantic Offshore Lobstermen’s Association. “Basically with the stroke of a pen, President Obama put fishermen and their crews out of work and harmed all the shore-side businesses that support the fishing industry.”

“The fisheries management process under the existing Magnuson Act is far from perfect, but its great strength is that it has afforded ample opportunities for all stakeholders to study and comment on policy decisions, and for peer review of the scientific basis for those decisions,” stated Mayor Jon Mitchell of New Bedford, Massachusetts, the nation’s top-grossing commercial fishing port. In March, Mayor Mitchell submitted testimony to Congress expressing concern over marine monuments. “The marine monument designation process may have been well intended, but it has simply lacked a comparable level of industry input, scientific rigor, and deliberation. That is why I think hitting the reset button ought to be welcomed no matter where one stands in the current fisheries debates, because the end result will be better policy and better outcomes,” Mayor Mitchell concluded.

Fishermen in the Pacific are also supportive of the Interior Department’s review, but remain concerned about the effects of the Papahānaumokuākea Monument, which was omitted from the version of the recommendations being reported. “We are appreciative of Secretary Zinke’s review, and his reported recommendations to support commercial fishing in the Pacific Remote Islands Monument,” said Sean Martin, president of the Hawaii Longline Association. Hawaii’s longline fishing fleet supplies a large portion of the fresh tuna and other fish consumed in Hawaii. “However, we hope that the White House will extend these recommendations to the Papahānaumokuākea Monument, where President Obama closed an area nearly the size of Alaska without a substantive public process. The longline fleet caught about 2 million pounds of fish annually from the expanded area before it was closed to our American fishermen. That was a high price to pay for a presidential legacy,” Mr. Martin continued.

The reported recommended changes come after an extensive and open public comment period in which the Interior Department solicited opinions from scientists, environmentalists, industry stakeholders, and members of the public. As part of the Interior Department’s review process, Secretary Zinke engaged with communities around the country affected by monument designations. This included a meeting with local fishermen in Boston who explained how the designation of the Northeast Canyons and Seamounts Monument has negatively impacted their livelihoods.

Critics of the monument designation include the regional fishery management councils; numerous fishing groups on the East Coast; and mayors from fishing communities on both coasts.

Additionally, fishery managers in Hawaii have been critical of expansions of both the Papahānaumokuākea Monument and the Pacific Remote Islands Monument. In an April 26 letter to Secretary Zinke, the Western Pacific Regional Fishery Management Council stated that marine monuments around Hawaii “impose a disproportionate burden on our fishermen and indigenous communities,” and noted that they have closed regulated domestic commercial fishing in 51 percent of the U.S. exclusive economic zone in the region.

Florida charter fishermen applauded the review, and a return to the process of established law that guides fishery management. “Destin, Florida was founded by commercial fishermen before the turn of the 20th century, and continues to be a major port for commercial and charter fishing fleets,” said Captain Gary Jarvis, president of the Destin Charter Boat Association. “To our fishing community, it’s extremely important to address closures of historical fishing grounds through the Magnuson-Stevens mandated regional council process.”

Curiously, although President Obama’s September 2016 monument designation prohibited sustainable low-impact commercial fishing, it allowed other extractive activities including recreational fishing, and even far more destructive activities such as the digging of trenches for international communications cables.

NCFC members supporting the Interior Department’s reported recommendations include:

  • Atlantic Offshore Lobstermen’s Association
  • Destin Charter Boat Association
  • Fisheries Survival Fund
  • Garden State Seafood Association
  • Hawaii Longline Association
  • Long Island Commercial Fishing Association
  • North Carolina Fisheries Association
  • Seafreeze Shoreside
  • Southeastern Fisheries Association
  • Western Fishboat Owners Association
  • West Coast Seafood Processors Association