The Atlantic cod. Photo credit: Wikipedia

Catch the latest news from Talking Fish, the blog brought to you by CLF and others that is focused on the scientific, financial and social aspects at work in New England’s fisheries.

June 16: “Seafoodnews.com: Gloucester, New Bedford mayors foolishly endorsing crazies in New England,” by Talking Fish

“A Crossroads at Sea,” by Winston Vaughan

June 13: “Fishing Banks: Fleet diversity and an intro to permit banks,” by Peter Shelley

June 9: “Overfishing 101: Why ending overfishing is good for both fish and fishermen alike,” by Lee Crocket

June 3: “Commerce Department announces 2011 NEFMC appointments,” by Talking Fish

June 2: “Commerce Secretary nominee should champion policies that rebuild fish stocks and strengthen coastal economies,” by Talking Fish

June 1: “Seafood fraud is bad news, but there are good (and delicious) ways to avoid it,” by Talking Fish

Like what you see? Read more at TalkingFish.org >

CLF's Peter Shelley accepts EPA's Environmental Merit Award on behalf of CLF and CRWA. (Photo credit: Emily Long)

Yesterday, CLF and the Charles River Watershed Association (CRWA)  received an Environmental Merit Award from the New England office of the U.S. EPA in recognition of their exceptional work on reducing discharge of heated water from the GenOn Kendall Cogeneration Plant (formerly known as Mirant Kendall) in Cambridge, MA. The award was presented at a ceremony at Faneuil Hall in Boston.

Led by CLF Senior Counsel Peter Shelley, the two groups and other key stakeholders, undertook five years of negotiations to reduce the massive amounts of heated water that the plant was discharging into the Charles River, killing fish and destroying the river ecosystem. As a result, in February 2011, EPA issued a new water quality permit that requires the plant to reduce its heat discharge and water withdrawal by approximately 95 percent, and to ensure that any heated discharge does not warm the river enough to cause harm. In addition, the plant will capture most of the heat generated by the plant and distribute it as steam through a new pipeline to be built across the Longfellow Bridge over the next few years, at which point the excess steam will be used to heat buildings in Boston. More >

Original photo: William Hyler

If you read CLF Scoop or follow fishery management news through other means, you know that since last May, the New England fishing industry has undergone its most significant changes in 30 years. The introduction of the new “sector” management system and new rules for harvesting groundfish like cod, haddock and flounder have been highly controversial in this region and beyond, and never before has a dialogue been more needed to help ensure that New England’s fishermen and the resources they rely upon continue to thrive. While we blog about these issues on the Scoop from time to time, we felt it was important to create a space dedicated to carrying out this dialogue—a forum where science and data meet ideas and experience in an informed, respectful and lively conversation. Today, we invite you to join that conversation at www.talkingfish.org.

At Talking Fish, we will present a wide range of news and views from scientists, researchers, economists, academics, environmental advocates, fishermen, resource managers, foodies and journalists. Our hope is to build a community with a shared goal of a prosperous and sustainable fishing industry and an abundant, diverse fish population for generations to come. We’ll continue to keep our Scoop readers up to date on fisheries management in New England, but we hope that those of you who are interested in delving into these issues further will become frequent readers of www.talkingfish.org as well.

Join us as we Talk Fish by:

• Going to www.talkingfish.org to read, comment, or subscribe to Talking Fish via e-mail or RSS
• Liking us on Facebook
• Following us on Twitter
• Dropping us a line at editor@talkingfish.org

Atlantic cod

CLF has been working for twenty years to end overfishing in New England and to rebuild the imperiled fish populations that are the foundation of our regional fishing future. The New England fishing industry was subsidized to grow so big that its capacity to catch fish exceeded the capacity of the ocean to produce fish, and historic lows of fish populations (determined using data that span many generations) were reached in the mid-1990s. Since that time, the struggle to re-balance fishing effort with natural reproduction levels has been economically painful, and with few viable, options many fishermen have been forced out of the business or into other fisheries.

We at CLF see some light at the end of the rebuilding tunnel now. Fish populations are coming back, and in some cases, like haddock, they are fully rebuilt. Others, such as Atlantic cod, won’t be fully rebuilt until 2026, but they are gaining ground. The most recent fishery management plan, Amendment 16, helps ensure the continuation of this rebuilding trend. This plan is being legally challenged by New Bedford and Gloucester and some others. CLF is for the first time intervening in a court action on behalf of the government to defend this management plan, which ends overfishing, establishes enforceable quotas on fishing, and offers new flexibility to fishermen in how and when they fish.

CLF is not alone in our optimism that Amendment 16 finally is creating a future for the fishing industry. For an interesting perspective from one of Congress’s great ocean champions, former Representative Tom Allen, read this op-ed he authored in the Portland Press Herald. In his writing, Tom displays the vision, the compassion, and the judgment that convinced his constituents to send him back to Congress time after time. He offers a different perspective on the doom-and-gloom that occupies much of the slanted reporting that some local papers have been carrying.

In arguments made today before Federal Judge Rya W. Zobel on the federal lawsuit regarding the New England fisheries management system known as Amendment 16, Conservation Law Foundation senior counsel Peter Shelley defended the process in which the new rules were developed and agreed upon at the New England Fishery Management Council and re-affirmed CLF’s support for the Amendment.

Shelley stated, “This lawsuit is not so much about the specific merits of Amendment 16, but more about the integrity of the process by which the new rules were developed and vetted and set into motion. The process, which involved all of the fishing interests, including some who today decry it and the outcome it produced, was fair, rational and legal. New Bedford’s interests were directly represented in those lengthy deliberations and the Commonwealth of Massachusetts participated actively in both the Amendment 16 science decision-making and the policy development. This is the New England Council’s plan, not a National Marine Fisheries Service (NMFS) plan.”

“CLF supports the Council’s approval of Amendment 16 not because it is perfect, but because it represents a reasonable decision, reached after an extended transparent public debate that reasonably meets the Magnuson Stevens Act and National Environmental Policy Act requirements while attempting to provide additional flexibility for fishermen in the region to fish more efficiently and profitably if they want to. The related issues of consolidation and fairness in access to fish are on the Council’s plate now and should be carefully analyzed and debated.”

After the hearing, Shelley observed, “What we have learned over the past fifteen years is that strong and effective management of this important public resource, coupled with some degree of luck with Mother Nature, can restore fish populations to high levels and support a vital and stable domestic fishing industry. Amendment 16 is designed to accomplish that objective and is consistent with the Magnuson Act.”

Read the text of Peter’s full argument here.

Today marks a new milestone for CLF in our efforts to clean up the lower Charles River. Concluding a five-year negotiation, involving CLF and the other key stakeholders, the EPA issued a new water quality permit for the Kendall (formerly Mirant Kendall) Power Plant, a natural gas cogeneration facility owned by GenOn Energy. The plant is located on the Cambridge side of the Longfellow Bridge.

The new permit requires the plant to reduce its heat discharge and water withdrawal by approximately 95 percent, and to ensure that any heated discharge does not warm the river enough to cause harm.

The outcome is remarkable, not just for the dramatic improvements it will achieve in the lower Charles, but for the way in which the parties “got to yes.”

The plant will meet the new requirements by upgrading its existing “once-through” cooling system, to a new, closed-loop system. Kendall will capture most of the heat generated by the plant and distribute it as steam through a new pipeline to be built across the Longfellow Bridge over the next few years. The combination of the new co-generation turbine and expanded pipeline will allow Kendall to drastically reduce the amount of water it extracts from the Charles River, take more heat out of the plant, and double the amount of steam it can sells to heat buildings in the city of Boston.

It’s what’s known in the business as a “win-win situation.”

Today’s events would not have happened without the incredible efforts of two former CLFers: Carol Lee Rawn, who was a senior attorney in our Boston office, and Jud Crawford, who was senior scientist. They put together the case and the legal challenge to the Mirant Kendall permits based on a demonstration that EPA’s proposed heat discharges would threaten the fish and biological system in the lower Charles. They also showed that the proposed water intake damaged fish eggs, larvae, juvenile and adult fish and that better technologies were available in the market. CLF represented the Charles River Watershed Association (CRWA), who was the perfect conservation partner for our effort.

The outcome of this case has taught CLF a number of lessons. First, that being there is half the game. If we hadn’t appealed the EPA permit, none of this would have happened, no question. EPA and Mirant Kendall ultimately showed strong leadership qualities but needed a strong push. Second, that having a range of integrated advocacy initiatives can produce multiple, serendipitous results across the spectrum of CLF’s work in clean energy, clean water, ocean conservation and healthy communities. This single decision will create an opportunity for co-generation in an urban community, improve the health of our rivers and marine life, increase the quality of life for Esplanade users and river fishermen, and reduce green house gas emissions. Third, that a mix of good science and strong legal expertise is essential to our ability to make a credible challenge. And finally, that courtesy of all of the above and the generous and faithful support of our members over the past five years,  the Charles may one day be truly swimmable and fishable again.

For more information, you can read CLF’s press release, and check out the coverage in today’s Boston Globe.

If you love Massachusetts’ oceans and care about our legendary fishing industry, then CLF is asking you to take action right now to ask Governor Patrick to stand behind the science-based plan he approved to protect that fishing legacy for generations to come.

For the first time in decades, Massachusetts’ fish populations and fishing industry are showing signs of health. Earlier this year, after a four-year public process, New England implemented an innovative new approach to fishing for cod, haddock, flounder and other groundfish. Today, overall gross revenues for the groundfish fleet are up, fishermen are not overharvesting fish and fishing boats are being operated more efficiently.

Governor Patrick voted to put the new plan in place and has said that he agrees with the approach. However, now Governor Patrick is taking action that threatens to undermine the new plan, endangering the sustainability of fish stocks and the livelihoods of the fishermen who depend on them.

Under pressure from entrenched fishing interests who do not like the new system, the Governor petitioned the federal Secretary of Commerce to declare a state of economic emergency in Massachusetts fisheries and is supporting a lawsuit that challenges the groundfish management plan. These special interests are leading the Governor astray from his stated commitment to finding a balance between conservation and economic viability in the regulation of groundfishing in Massachusetts. The Governor’s actions are emboldening others, including some in Massachusetts’ congressional delegation, to propose even more radical steps that would dismantle the progress that has been made over the last decade. You can ask the Governor to stand by the plan that he approved by sending him a letter right now.

Tell Governor Patrick that instead of spending scarce state resources trying to undo groundfish protection, both in Massachusetts and in Washington, you want him to focus on defining and fixing the problems with the new plan without undermining the plan itself, or changing the scientifically-set catch limits.

Click here to send a letter to the Governor asking him not to undermine the new fisheries management plan, but instead to build a bridge between fishermen, regulators and the environmental community to make the new plan work for Massachusetts.