Tag Archives: new-york
Lofstad v. Raimondo: Government Accountability and Constitutional Fidelity
Commercial fishing is a tough way to make a living. The industry is highly competitive; revenues from year to year can be highly variable; the work is physically demanding and dangerous; and fishermen find themselves at the mercy of severe weather and choppy waters on a daily basis. But even those challenges are less taxing than going up against the federal administrative state. But that’s exactly what two commercial fishermen did in Lofstad v. Raimondo. They won a decision in September from the Third Circuit that dealt a blow to a controversial fishing regulation promulgated by the Mid-Atlantic Fishery Management Council. The plaintiffs, Raymond Lofstad of Long Island and Gus Lovgren of New Jersey, are small-business owners who make their living fishing off the northeast Atlantic Coast, as three generations of their forefathers did before them. But in 2022, both Lofstad and Lovgren found their businesses besieged by new catch regulations promulgated by the Mid-Atlantic Fishery Management Council which is responsible for overseeing federal waters off the coast of the Mid-Atlantic region, from New York to North Carolina. more, >>CLICK TO READ<< 11:52
Hampton Bays business owner worries closed Ponquogue Bridge will impact his livelihood
A business owner in the Hampton Bays is worrying about economic impacts that the closure of the Ponquogue Bridge will have on his livelihood. The Ponquoge Bridge was suddenly closed to cars and pedestrians Friday after a Department of Transportation crew’s routine inspection found the concrete girders were deteriorating. “This is actually a lifeline for not only Hampton Bays — this is a lifeline for the Hamptons and Long Island as well,” said John Capuano, of Hampton Bays. Now that the Ponquogue Bridge is closed in Hampton Bays, Capuano wonders how it will affect the area if it stays closed in the warmer months. “Not only to the people trying to enjoy the area but the economics of all the businesses in town: The pizza parlors, the motels, they’re just not going to have the business,” he said. Capuano is the captain of the Shinnecock Star, a daily fishing boat in Hampton Bays. He says if the bridge doesn’t open by the spring, his business will be impacted. more, >>Click to read<< 13:29
Emergency Dredging in the Works for Montauk Inlet
Finally. After years of effort, accelerated recently because of dangerous conditions, the inlet at Lake Montauk will undergo emergency dredging, perhaps by the end of the month. At the East Hampton Town Board meeting on Tuesday, Councilman David Lys announced the development during his liaison reports, saying he was “very pleasantly surprised.” “This is the greatest indication that we will have some temporary relief there,” he told the board. The United States Army Corps of Engineers posted a public notice to its website Monday announcing the project that will remove shoals down to a depth of 12 feet below the mean low-water level (plus an allowable two feet over depth), and place 10,500 cubic yards of dredged sand on the beach immediately west of the inlet. more, >>CLICK TO READ<< 06:22
Suffolk Bill Aims to Protect Commercial Fishing Industry
The Suffolk County Legislature is considering a bill that, it says, will help commercial fishermen. The bill, now in committee, will allow property owners of commercial fishing businesses to apply for a conservation easement that would restrict future development. The bill was supposed to come to a vote late in 2024 but is now being studied to broaden its scope. The bill did receive positive support at a public hearing in November before the full legislature. Earlier in 2024, Suffolk County Executive Edward P. Romaine signed legislation increasing spending for farmland preservation to $15 million annually. He said the commercial fishing industry needed support as well. According to the legislation, any type of business that contributes to working waterfronts, such as gear storage, aquaculture, docks, boat repairs, could benefit from the pending legislation. more, >>CLICK TO READ<< 06:50
Shoaling in Montauk Inlet an ‘Emergency’
Right after Tuesday’s East Hampton Town Board meeting, at which Councilman David Lys once again spoke of the urgent need to dredge the shoaling Lake Montauk Inlet, he got an assist from Suffolk County Executive Edward P. Romaine, who that day wrote to Col. Alex Young of the United States Army Corps of Engineers asking him “to utilize emergency funding to dredge the Montauk Inlet and deepen the channel to at least 17 feet.” “While dredging is scheduled for the inlet sometime in the future, the problem is now,” the county executive wrote. “Some of the Montauk fishing fleet have been landing their catch in Port Judith, R.I., rather than risk the passage of the Montauk Inlet. This has economic consequences for New York State. Currently Montauk is the state’s largest fishing point. Landing fish in Rhode Island could result in New York State getting lower fishing quotas.” more, >>CLICK TO READ<< 12:41
Environmentalists Outraged Over Hochul’s Horseshoe Crab Bill Veto
Environmentalists are outraged over Gov. Kathy Hochul’s recent decision to veto the Horseshoe Crab Protection Act, which prohibits the taking of horseshoe crabs from New York waters. The legislation would have allowed the populations to recover and ensured the survival of the important species, advocated said. In her veto message, Hochul wrote: “This bill would prohibit the taking of horseshoe crabs for commercial or biomedical purposes and also extend the authority of the Department of Environmental Conservation (DEC) to manage crabs.” Also, Hochul said: “This bill could have unintended consequences on the management of other species such as whelk and eel and could harm the commercial fishing industry and impair advancements in the biomedical field. While this bill is well-intentioned, the management of marine species is better left to the experts at DEC.” Links, more, >>CLICK TO READ<< 14:31
Long Island Sound Lost Its Lobster Fishery. Is Cape Cod Bay Next?
Catches in Cape Cod Bay were good for many years, and prices were good, too. But lobstermen here started worrying in the late 1990s when the fishery collapsed in Long Island Sound. And that worry hasn’t gone away, because environmental changes here resemble those that were affecting Long Island Sound back then. In the aftermath of Tropical Storm Floyd in August 1999, the lobsters in Long Island Sound started coming up dead or lethargic, not making it back to the docks alive. Fall landings for all Connecticut ports dropped between 91 and 99 percent that year, according to a joint report of the state’s dept. of environmental protection and marine fisheries office published in 2000. Fast forward 25 years: hopes for a Long Island Sound population rebound have not panned out. A December 2021 report in the Portland Press Herald introduced Michael Grimshaw this way: “Grimshaw is believed to be the last full-time commercial lobsterman in Connecticut.” His traps used to bring in up to a few thousand pounds a day, wrote reporter David Abel. A good day was now getting him 50 pounds, Grimshaw told him. more, >>CLICK TO READ<< By Capt. Mike Rathgeber 08:40
The fate of Shelter Island commercial fishing: Ideas, views and information shared at forum
The Thursday, Nov. 14 Reporter Community Forum at the Presbyterian Church’s Fellowship Hall, had a panel of two baymen, a local chef, and an official with Cornell Cooperative Extension (CCE) taking questions on the topic: “Commercial Fishing on Shelter Island.” Views, suggestions and opinions were aired and personal stories related at the event sponsored by Dime Bank, but perhaps most interesting of all was the idea that hope for a successful future was a strong possibility for baymen and those who work our waters for a living. There was also reiteration of news about reseeding the bays with scallops, introducing new strains that are stronger and more resistant to die-offs. more, >>CLICK TO READ<< 08:50
Charter Capt. Found Guilty of Illegal Commercial Fishing On LI
A Connecticut charter captain was found guilty of illegal commercial fishing off Long Island, Suffolk County District Attorney Ray Tierney said. Michael Tenedine, 58, of East Haven, was found guilty after a trial of operating a charter vessel without a permit; illegal possession of black sea bass for poaching; and possessing Black sea bass, a protected species due to overfishing, Tierney said. The trial conviction comes as Tierney ramps up his “Everblue Initiative,” a collaboration with state and local law enforcement to protect the more than 60 percent of Suffolk County square mileage comprised of water. Photos, more, >>CLICK TO READ<< 12:03
Groundfish: Council Signs off on Amendment 25; Prepares for December Final Action on Framework 69 Under Cod Phase 1
The New England Fishery Management Council took final action on Amendment 25 to the Northeast Multispecies (Groundfish) Fishery Management Plan (FMP) when it met September 24-26, 2024 in Gloucester, Massachusetts. The Council is now focused on Framework Adjustment 69 to the FMP. The framework is being developed to establish measures for the 2025 groundfish fishing year and, for certain stocks, 2026 and 2027 as well. The Council is scheduled to take final action on the framework at its December 3-5, 2024 meeting in Newport, Rhode Island. The 2025 groundfish fishing year begins on May 1. Charts, links, more, >>CLICK TO READ<< 13:32
RWE and National Grid Propose New York’s Largest Offshore Wind Project
German utility RWE and New York power company National Grid have announced a proposal to build a 2.8 GW wind park off Long Island, the largest offshore wind power plan yet submitted to New York state energy regulator NYSERDA. It is the second time that it has submitted its Community Offshore Wind project for NYSERDA’s approval: the previous bid was awarded, then canceled when the economic viability of first-generation U.S. offshore wind projects soured. RWE and National Grid won a lease area in the New York Bight at auction in 2022, one of several awarded that year. The site has the potential for up to 3 GW of nameplate capacity, about a third of New York’s 2030 target of 9 GW. more, >>CLICK TO READ<< 08:56
Spirit in the Sound: Fishing with Mattituck’s Sea Queen
Plenty of commercial fishermen are still plying the waters of the East End despite the occupation’s stressful nature: High operating costs, climate change, onerous regulations and physically exhausting work are all part of the job description. But one fisherman has made a practice of staying positive and recognizing the spiritual element of working on the water. Regina Migdalski works as a deckhand out of Mattituck Inlet. She and her husband, Rob (who she fondly calls “the Cranky Captain”), have a lobster boat named after her, the Regina Ann — outfitted for conch and fish pots (a die-off in the late 1990s resulted in too-few lobsters left in the Sound to fish for). They also work on a dragger, a type of fishing boat that tows a net, called the Stinky, owned by the pair and their partner Teddy Szczotka, a fellow fisherman. They work year-round catching fluke, scup, sea bass, blackfish, conchs and striped bass, depending on the season. Photos, more, >>CLICK TO READ<< 15:37
What Jersey Shore fishermen can learn from offshore wind farm spinning off Long Island
Only the silent hum of the ferry as it curved around the side of one of a dozen towering wind turbines could be heard Wednesday morning off Long Island. Nearby, fishing vessels were dwarfed by the 460-foot tall towers. A few boats flecked the horizon, traveling between the vast miles that stretched from Block Island to the South Fork wind farm. One of them was helmed by a local fisherman who’s been on these waters for over half a century. Nonetheless, Auteri and fishermen up and down the East Coast, including the Jersey Shore, have shared concerns over whether species they rely on will continue to frequent the areas where sweeping wind farms (taller than the Statue of Liberty) are sited or will be. And, they say, if it is proven wind farms drive fish away they should get money to make up for their economic loss. Video, more, >>CLICK TO READ<< 13:52
Lawmakers seek pause in offshore wind energy amid whale deaths
House lawmakers are seeking a pause in offshore wind energy projects amid a string of whale deaths along the coasts of Maryland, New York, New Jersey and Maine. Last week, a deceased whale beached off Maryland’s coast, the second whale carcass discovered in the area in three weeks. In 2023, 37 humpback whales carcasses were discovered along the East Coast. Rep. Andy Harris (R-Md.) hosted a public hearing in August in which experts testified about the danger installing wind turbines poses marine wildlife. Harris called for an end to offshore wind energy in Maryland. The Government Accountability Office plans to investigate the impacts of offshore wind development after Rep. Chris Smith (R-N.J) requested it look into the issues. more, >>CLICK TO READ<< 06:48
States to announce Friday if New England is ready for more offshore wind farm
The Captain Les Eldridge used to chase bass and tuna out of New Bedford. Now, the vessel has a new role in the nation’s emerging offshore wind industry. Anthes-Washburn said Coast Line Transfers lost a similar contract with another offshore wind farm last summer, during an industry wide contraction in the U.S. that saw planned wind farms scrapped up and down the East Coast. On Friday, Anthes-Washburn will find out if southern New England is ready to rebuild that pipeline of canceled offshore wind projects. Officials in Massachusetts, Rhode Island and Connecticut are expected to announce whether they are ready to move forward with a series of proposed offshore wind farms that developers submitted through a tri-state solicitation process in March. more, >>CLICK TO READ<< 09:52
Wind Power: Broken Blades and (Maybe) Green Gouging
Say what you will about wind turbines, the steampunk wing of our glorious renewable future, their most dramatic failures have an epic quality about them — the toppling, the crumpling, the buckling, the bits and pieces flying through the air. The owner-operators of the two farms — Equinor for Empire and Orsted for Sunrise — are two of the top five global wind-farm investors and operators. They presumably know what they are doing, have access to attractively priced capital, good supply chains, and so on. In the last week, there has been a lot of talk from Democrats about greedflation, a convenient myth. They might want to turn their attention to greenflation, which is not, and indeed to any evidence of “gouging,” another of their supposed concerns, in this area. more, >>CLICK TO READ<< 08:28
Montauk Fisherman Gets 30 Months for Fraud
Christopher Winkler, 64, whose trawler is called New Age, was convicted last October on one count of federal criminal conspiracy, two counts of mail fraud, and two counts of obstruction of justice. A federal jury was unanimous in finding the evidence convincing that between 2014 and 2017, Mr. Winkler had falsified fishing reports to sell the fluke and black sea bass well in excess of legal limits with a “conservative wholesale valuation” of $750,000, according to a press release from the U.S. Department of Justice. Last Thursday, Judge Joan M. Azrack of the U.S. Eastern District Court in Central Islip sentenced Mr. Winkler to 30 months in prison with two years’ supervised release. more, >>CLICK TO READ<< 12:24
Long Island Fisherman Sentenced for Role in Fisheries Fraud Conspiracy
A Long Island, New York, fisherman was sentenced yesterday to 30 months in prison and two years of supervised release for his role in a fisheries fraud conspiracy associated with his captainship of the trawler F/V New Age from 2014 to 2017. In October 2023, a jury convicted Christopher Winkler, of Montauk of one count of federal criminal conspiracy, two counts of mail fraud and two counts of obstruction of justice. On at least 200 fishing trips, Winkler targeted summer flounder (fluke) and black sea bass and harvested those fish in excess of quotas and state trip limits. He also falsified Fishing Vessel Trip Reports for those trips. more, >>CLICK TO READ<< 12:45
Fishing Industry Remains Concerned with Offshore Wind Power
East End residents will soon be another step closer to wind power and away from fossil fuel; but local commercial fishermen are raising objections. And East Enders are waiting to hear how much this wind power project will mean for new utility rates. The federal government earlier this spring approved what it calls a “record of decision” for a Denmark-based company, Orsted, to build one of the largest offshore wind farms planned for Nassau and Suffolk counties. The decision by the U.S. Department of the Interior is among the last steps to build the windfarm, known as Sunrise Wind, an 84-turbine plant, before actual construction can begin. Both Sunrise Wind and South Fork Wind are in the waters off Massachusetts and Rhode Island. South Fork Wind’s cable comes ashore in Wainscott. Sunrise Wind has a power cable running more than 100 miles to Smith Point County Park, before beginning a 17 mile trip through Brookhaven Town to a substation in Holtsville. more,>>CLICK TO READ<< 18:05
Biden’s Policies Threaten Small Lobster Fishers and Right Whales
While lobstermen likely haven’t been contributing to NARW deaths, it is undisputed that vessel strikes, both in U.S. and foreign waters, have. Which brings us to the Biden administration’s decision to construct thousands of offshore wind turbines smack-dab in the middle of the whale’s migration route and habitat. Biden’s East Coast offshore wind initiative could qualify as an extinction level event for the North Atlantic right whale. Despite this, the Biden administration plans to build 30,000 megawatts of traditional offshore wind facilities (with structures attached to the ocean floor) in federal waters by 2030, and an additional 15,000 megawatts of floating industrial offshore wind power by 2035. more, >>CLICK TO READ<< 06:31
Editor’s Log: Mitigate This! by Jim Hutchinson, Jr.
Last month I received notification from the Mid-Atlantic Fishery Management Council (MAFMC) of a fisheries compensation fund deadline for financial losses stemming from construction of the Vineyard Wind 1 offshore wind farm about 13 nautical miles south of Martha’s Vineyard and Nantucket, MA. MAFMC clearly recognizes that the construction of a large-scale offshore wind site like Vineyard Wind 1 will result in “financial losses” in the fishing community, yet the only members of the fishing industry eligible to receive compensation apparently are “commercial fishing vessel owners/operators.” Sounds like anglers should keep any eye out while watching late-night television for the best personal injury lawyer able to secure the future compensation we deserve! “The Program was created to provide compensation to commercial fishing vessels/operators for economic losses attributable to construction, operation, and decommissioning activities of Vineyard Wind 1,” the MAFMC notice stated. more, >>CLICK TO READ<< 08:30
Sunrise Wind on the Horizon
At a May 29 open house addressing the new Sunrise Wind project, consisting of up to 84 turbines to be built 26.5 miles off the coast of Montauk, its corporate parents, Orsted and Eversource, projected the new wind farm will yield 924 megawatts of energy. enough potentially to power hundreds of thousands of houses. The company’s officials said they expect their construction and operations plan to be approved by the federal Department of the Interior by the end of the summer. The proposal is to connect the turbines to the mainland through Smith Point County Park, at the eastern end of Fire Island. From there the cable would run under the Great South Bay and up to the Long Island Power Authority station in Holbrook. more, >>CLICK TO READ<< 11:49
Vineyard Wind 1 Fisheries Compensation Program Application Deadline Approaching
This notice is a reminder to commercial fishermen that the eligibility period to apply for the Vineyard Wind 1 Fisheries Compensatory Mitigation Program ends on June 3, 2024. Commercial fishing vessel owners/operators must submit an online application prior to the June 3, 2024, deadline, to be considered for eligibility. The program is open to commercial fishing vessel owners/lessees in Connecticut, Massachusetts, New Jersey, New York, and Rhode Island who can demonstrate historical fishing activities in the lease area, OCS-A 0501, which is south of Martha’s Vineyard. more, >>CLICK TO READ<< 06:00
Incidental Take Authorization: Sunrise Wind, LLC Construction and Operation of the Sunrise Wind Offshore Wind Farm, off New York
On May 21, 2024, NOAA Fisheries announced the final regulations to govern the incidental harassment of marine mammals related to the construction of the Sunrise Wind Project, offshore New York, and within the Massachusetts and Rhode Island Wind Energy Area. As required by the Marine Mammal Protection Act, the final regulations include mandatory mitigation measures undertaken by the wind developer that ensure the “least practicable adverse impact” on marine mammals and their habitat, as well as monitoring and reporting measures to better understand those impacts. NOAA Fisheries determined that underwater noise generated by the project’s activities over a five-year period may harass marine mammals. NOAA Fisheries determined that the number and manner of “take,” in the form of harassment, that may be authorized in a Letter of Authorization, will have a negligible impact on all affected marine mammal species and stocks. Impacts to a small number of North Atlantic right whales are expected to be limited to short-term behavioral disturbance (Level B harassment). more, >>CLICK TO READ<< – A summary and chart, >click here< 15:58
44-foot Whale Carcass on Bow of Cruise Ship Baffles NY Authorities
Marine conservationists and government scientists are seeking clues to the mystery of how a 44-foot whale carcass ended up on the bow of a cruise liner, where it was discovered as the ship approached New York City’s Port of Brooklyn over the weekend. A necropsy, the animal equivalent of an autopsy, identified the deceased marine mammal as a mature female sei whale, an endangered species typically found in deep waters far from land, the Atlantic Marine Conservation Society said on Wednesday. One key question is whether the whale’s death came before or after its contact with the vessel, according to the non-profit organization, based in Hampton Bays, New York. Video, more, >>CLICK TO READ<< 08:54
A Renewed Focus on Fresh Fish
Dock to Dish, a restaurant-supported fishery cooperative founded in Montauk in 2012, has new owners and a renewed focus on getting fresh-from-the-boat seafood directly into the kitchens of restaurants across the East End and the New York area. And the fact that most of the owners are also fishermen doesn’t hurt. The six fishing families who own Inlet Seafood in Montauk took over Dock to Dish in November along with K.C. Boyle, who is overseeing day-to-day operations. “The idea is just like the previous iteration of Dock to Dish: Work to source the best ingredients on earth,” Mr. Boyle said Friday while making deliveries in New York City. more, >>CLICK TO READ<< 07:53
Once Sourced Out-of-State, Shrimp From New York Is Becoming a Status Ingredient
When wild shrimp is US-harvested, it’s pulled in-season from the waters off Louisiana, Texas, Florida, and the Carolinas. Increasingly, though, a select number of New York restaurants are embracing local shrimp, highlighting fisheries in and around Montauk. Long Island’s royal red shrimp is caught off Montauk at nearly 3,000 feet. “Their color is a gorgeous, gorgeous dark red; a color I’ve never seen in my life,” says lifelong fisherman, K.C. Boyle. Photos, more, >>CLICK TO READ<< 06:42
How the death of a mega-turbine rattled US offshore wind
When GE Vernova confirmed that it was canceling one of the largest wind turbines ever designed, it signaled a pause in an arms race that for years had led manufacturers to go higher, longer and wider when building towers, blades and other components. Now, that decision is reverberating across U.S. efforts to build wind projects in the Atlantic. New York canceled power contracts for three offshore wind projects last week, citing GE Vernova’s decision to abandon its largest turbine model, a massive 18-megawatt machine. The timing could hardly be worse. Offshore wind is the keystone of New York’s plan to generate 70 percent of its power with renewable energy by the end of the decade.“Using the lower-capacity turbines means that each developer would need to buy 12 to 13 additional turbines to build a project of the same capacity,” Jain said. “That also means more foundations, cables, days hiring expensive installation vessels and so on, significantly raising total project cost assumptions.” more, >>CLICK TO READ<< 10:24
3 New York wind farms scrapped – Cost implications for Mass., Conn., and R.I.
New York pulled the plug Friday on three offshore wind projects that encountered pricing problems after GE canceled the development of a larger turbine that the developers had been counting on. The decision is a setback for the US offshore wind industry and may have some cost implications for Massachusetts, Connecticut, and Rhode Island, which are in the midst of a joint procurement for offshore wind power. The three wind farms proposed for the coast off New York were all tied to a plan by GE Vernova to start producing giant 18-megawatt turbines at a facility on the Hudson River to be subsidized by the state. more, >>CLICK TO READ<< 10:04
Major offshore wind projects in New York canceled in latest blow to industry
New York’s signature offshore wind projects meant to boost confidence in the industry are being scrapped, a major hit to the industry in the state and the nation. The decision is another setback to New York’s aspirations to achieve 70 percent renewable energy by 2030 and be a hub for the nascent industry in the United States. It will also be another challenge for President Joe Biden’s already likely out-of-reach 30 gigawatt goal for offshore wind by 2030. NYSERDA, the state authority in charge of the deals, announced Friday that no final agreements could be reached with the three projects that received provisional awards in October 2023. Those bids were all linked to major supply chain investments by General Electric and a larger turbine it planned to build that was aimed at boosting the region’s renewable energy portfolio. more, >>CLICK TO READ<< 16:50
