Saving Seafood

Fishing Report: US agencies take on wind farm fish surveys

June 14, 2021 — The Bureau of Ocean Energy Management and the National Oceanic and Atmospheric Administration have joined forces to address fish survey challenges presented by offshore wind farms. The NOAA and fishermen have expressed concern about the ability to do fish surveys in wind farm lease areas.

The aim of this joint BOEM/NOAA program is to mitigate the impact of not doing surveys in areas that have traditionally been studied.

NOAA Fisheries’ scientific surveys are essential for setting quotas for commercial and recreational fishermen, as well as monitoring and assessment for recovery and conservation programs for protected species and essential fish habitats.

The program will address impacts from exclusion of NOAA Fisheries’ sampling platforms from the wind development area due to operational and safety limitations; impacts on the random-stratified statistical design that is the basis for scientific assessments, advice and analyses; as well as alteration of benthic and pelagic habitats and airspace in and around the wind energy development. A timeline for initial actions will be developed as part of the program.

Read the full story at The Providence Journal

BOEM to offer New York Bight wind leases; scallop fishermen urge delay

June 14, 2021 — The Bureau of Ocean Energy Management will offer eight new offshore wind lease areas in the New York Bight, potentially opening up to 627,000 acres for energy development between New Jersey and Long Island.

With a potential for more than 7 gigawatts of generation, the lease areas are touted by the Biden administration as a new economic engine for the region ¬– with and explicit promise by Interior Secretary Deb Haaland to put “a priority on creating and sustaining good-paying union jobs as we build a clean energy economy.”

Northeast state governors and lawmakers have pushed offshore wind development as a new industry that will benefit their political allies in organized labor, and that theme is front and center in the administration’s new “all-of-government” push.

The announcement Friday brought immediate pushback from commercial fishermen in the scallop industry, one of the nation’s richest and most successful fleets, urging BOEM to delay leasing and adjust the proposed areas to preserve important shellfish habitat.

The agency should “shift the boundaries of the Hudson South area just five miles, so BOEM can better ensure that critical scallop populations will be unaffected, while not diminishing the potential for wind power in the area,” according to the Fisheries Survival Fund, an advocacy group for the East Coast scallop industry.

Read the full story at WorkBoat

Biden administration proposes offshore wind leases off LI, NJ

June 14, 2021 — The Biden administration on Friday took another major step toward powering local electric grids with offshore wind power, releasing a proposed sale notice for hundreds of thousands of acres off the coasts of Long Island and New Jersey.

An auction for the lease areas could take place later this year or early next, pending a 60-day comment period, an environmental assessment and other steps, officials have previously said, with development of the wind areas potentially taking place in mid- to late 2020s and beyond.

The Department of the Interior’s Bureau of Ocean Energy Management earlier this year had released maps of the proposed sites and, after briefly including areas off the entire East End of Long Island, ultimately eliminated two sections located 15 miles south of the Hamptons. BOEM said they’re not being included “at this time” due to maritime traffic concerns, commercial fisheries, commercial viability and “state preferences.”

On Friday, the Fisheries Survival Fund, representing scallop fishermen and others in the industry, urged the Biden administration to “incrementally change” the proposed lease areas, noting that two are “located in particularly sensitive areas for scallops,” and would have a “serious negative impact” on the scallop fishery.

BOEM, in a statement, said the lease process will include a list of stipulations that would require developers to, among other things, issue a summary of existing users of their area and a “description of efforts to minimize any conflict between existing users” and the developer.

Read the full story at Newsday

Biden eyes Gulf of Mexico for wind energy opportunities

June 10, 2021 — Fresh off announcing its intent to explore wind energy initiatives on the U.S. West Coast, the Biden administration is now looking for opportunities to do the same in the Gulf of Mexico.

On Tuesday, 8 June, the U.S. Department of the Interior announced it would release a request-for-information (RFI) solicitation to determine if there’s interest in employing wind technology off the coasts of Texas, Louisiana, Mississippi, and Alabama.

Read the full story at Seafood Source

D.C. Circuit Affirms that Offshore Wind Lease Does Not Trigger NEPA Review

June 4, 2021 — The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental Shelf Lands Act (OCSLA) when it auctioned an offshore lease to Equinor (formerly Statoil) without performing an environmental review of the anticipated windfarm project. The decision puts to rest the question of whether a mere lease sale may trigger extensive environmental review under NEPA, potentially streamlining the initial lease acquisition process, but also requiring the investment of significant funds before developers have cleared environmental review.

In Fisheries Survival Fund, et al. v. Sally Jewell, et al.,1 plaintiffs challenged BOEM’s issuance of the lease, arguing that it violated NEPA because it failed to analyze the environmental impacts of constructing and operating a wind energy facility. Leases for offshore energy projects proceed under different processes depending on whether BOEM or the developer proposes an area for lease. Either way, BOEM must consult with state task forces, other state and local representatives, and with representatives of Indian Tribes whose interests may be affected. Before issuing a lease, BOEM follows a four-step process, issuing a Call for Information and Nominations, completing the Area Identification process, publishing a Proposed Sale Notice, and publishing a Final Sale Notice.

Here, BOEM published an environmental assessment at the same time it published the Proposed Sale Notice for the wind energy lease at issue. The environmental assessment found that the reasonably foreseeable impacts of the lease sale would not significantly impact the environment. Plaintiffs argued that that more extensive environmental review was required, not just of the lease itself but of the full impacts of the anticipated wind farm, alleging that BOEM violated NEPA by failing to perform this more extensive review. BOEM maintained throughout the litigation that additional analysis and environmental review under NEPA was not required until Equinor conducted a site assessment and proposed a construction and operations plan for the wind energy facility.

Read the full story at The National Law Review

Biden Administration Strikes A Deal To Bring Offshore Wind To California

May 26, 2021 — The Biden administration plans to open the California coast to offshore wind development, ending a long-running stalemate with the Department of Defense that has been the biggest barrier to building wind power along the Pacific Coast.

The move adds momentum to the administration’s goal of reaching 100% carbon-free electricity by 2035, coming just weeks after the country’s first large-scale offshore wind farm was approved off the coast of New England. Today, the country has just a handful of offshore wind turbines in the Atlantic Ocean, with around a dozen wind farms being developed in federal waters off the East Coast.

“It’s an announcement that will set the stage for the long-term development of clean energy and the growth of a brand-new, made-in-America industry,” national climate adviser Gina McCarthy says. “Now we’re thinking big and thinking bold.”

The agreement identifies two sites off central and Northern California with the potential to install massive floating wind turbines that could produce 4.6 gigawatts of electricity, enough to power 1.6 million homes.

Interest in offshore wind on the West Coast has grown for years, especially with California’s own ambitious goal to cut greenhouse gas emissions. The deep waters off the coast have the potential to produce a significant amount of energy.

Read the full story at NPR

Biden administration inks offshore wind agreement with California

May 25, 2021 — The Biden administration has reached an agreement with California seeking to advance wind energy development off the state’s northern and central coasts.

The Interior Department said in a statement that initial areas of development could bring up to 4.6 gigawatts of energy to the grid, enough to power 1.6 million homes.

The federal government aims to sell wind energy leases in mid-2022, the department said.

“Today’s announcement reflects months of active engagement and dedication between partners who are committed to advancing a clean energy future,” said Interior Secretary Deb Haaland in a statement.

“The offshore wind industry has the potential to create tens of thousands of good-paying union jobs across the nation, while combating the negative effects of climate change,” she added.

Read the full story at The Hill

Commercial fishermen say they are being ignored on wind power project

May 24, 2021 — For the past three decades, Town Dock fishermen and their counterparts across the Northeast have struggled to stay afloat in the face of strict regulations designed to rebuild depleted stocks of cod, flounder and other species.

Some diversified, turning to so-called underutilized species such as squid and whiting to supplement their declining income, while others retired or left for jobs on land.

But now that many of the species have rebounded and government regulators are increasing the amounts of fish they can land, the fishermen face a new threat: offshore wind power projects.

Last month members of Responsible Offshore Development Alliance, or RODA, a national coalition of fishing industry members, boycotted a meeting with a federal Bureau of Ocean Energy Management task force, which is considering auctioning of 800,000 acres of New York Bight — shallow waters south of Long Island and east of New Jersey — to potential wind farm operators. RODA said its members feel they are not being listened to.

On April 6, RODA said 1,665 members of fishing communities in every U.S. coastal state submitted a letter to the Bureau of Ocean Energy Management, or BOEM, and National Marine Fisheries Service requesting a transparent and balanced national planning process for offshore wind development.

Read the full story at Yahoo News

FSF Statement on Appeals Court Ruling in New York Wind Farm Case

May 20, 2021 — The following was released by the Fisheries Survival Fund:

The Fisheries Survival Fund is disappointed in the decision issued today by the United States Court of Appeals for the District of Columbia. However, we will continue to work with the Bureau of Ocean Energy Management (BOEM) and all federal, state, and local government agencies, as well as wind energy farm developers, to ensure that these new uses of our coastal waters are created in such a way that they do not devastate existing uses, which in this case is one of the most important scallop grounds on the East Coast.

The court ruled that because BOEM doesn’t technically commit to anything at the lease stage, it is too early to challenge the siting of the wind farm under the National Environmental Policy Act (NEPA). The decision means that affected parties cannot challenge a lease location under NEPA until BOEM approves a Construction and Operations Plan (COP) for the wind farm. However, that is very late in the process, and changing the lease location at such a late date would be exceedingly difficult.

Since this litigation was filed, eight additional leasing areas have been proposed, all of which conflict with natural scallop habitat and historic scalloping grounds.

We will continue to work with BOEM to seek modified versions of several of the leasing areas due to their proximity to sensitive scallop areas. Under the current boundaries, historically important scallop areas will be directly next to wind turbines, and all of the negative environmental impacts they bring with them. By shifting the boundaries of some of these areas, and creating additional buffer zones between scallop areas and the turbines, BOEM can better ensure that scallop fishing will be unaffected, without diminishing the potential for wind power in the area.

Vineyard Wind decision shows questions remain of economic, environmental impact

May 18, 2021 — Beyond the Biden administration’s sunny outlook on prospects for a new U.S. offshore wind power industry, concerns continue among federal government experts about how building ocean turbine arrays could affect the fishing industry and protecting endangered whales.

The Bureau of Ocean Energy Management issued its final record of decision May 11 to permit Vineyard Wind, the 800-megawatt project off southern New England that would be the first truly utility-scale development in U.S. waters.

So far, the only offshore wind operating here is at two pilot projects, the five-turbine, 30 MW Block Island Wind Farm off Rhode Island, and the Coastal Virginia Offshore Wind project, twin turbines with 12 MW total capacity. With nearly three decades of offshore wind experience in Europe, companies based there are exporting their expertise to the U.S.

But the Vineyard Wind plan as outlined in the BOEM decision document – a grid layout of 62 turbines spaced at 1-nautical-mile intervals – is so unnerving to some mobile gear fishermen that they may abandon fishing in the area, according to Army Corps of Engineers.

Commercial fishermen, led by the Responsible Offshore Development Alliance, had advocated 4-nm-wide vessel transit lanes, which they contend would enhance safety.

Read the full story at National Fisherman