Saving Seafood

Northeast states want regional fund to pay fishermen for offshore wind damage

December 15, 2022 — Amid an absence of a federal framework or authority, nine Northeast states have set out to develop a regional fund to compensate the fishing industry for impacts and economic losses caused by offshore wind development. After more than a year of discussion, they are now seeking feedback from both the wind and fishing industries.

Fishermen worry about gear loss and damage, loss of historic fishing grounds, negative impacts to fish habitats, increased insurance costs, and longer trips (and thus increased fuel expenses) as a result of wind development. They want the farms to avoid fishing grounds entirely, but when that’s not possible, regulations first call for minimization and mitigation. Compensation comes in when the conflicts cannot be avoided or minimized.

Due to a lack of a federal, standardized system, compensation up to this point has been decided on a project-by-project and state-by-state basis, including for Vineyard Wind south of Martha’s Vineyard, which allocated about $21 million for Massachusetts fishermen over the lifespan of the project.

“This has resulted in inconsistencies in estimating impacts to fisheries and the agreed-upon funds used to compensate for such impacts,” wrote the nine states to Amanda Lefton, director of the Bureau of Ocean Energy Management (BOEM), in a November of 2021 letter, adding the current approach may create inequities for the fishing and wind industries.

To address this, the states have been working to establish a “fund administrator” — which they say they assume will be funded by wind developers — that would, in a consistent way, collect funds, review claims and dispense funds to fishermen across the region for economic losses caused by offshore wind projects.

Read the full story at the New Bedford Light

 

Proposed N.J. wind farm could have major impact on area fisheries, draft report says

June 20, 2022 — A proposed wind farm off the Jersey Shore could significantly affect local fisheries and boat traffic but generally have little impact on tourism and marine life while helping to move away from oil and gas, according to the draft environmental impact statement released Friday by the Bureau of Ocean Energy Management.

The impact statement is the next step toward winning federal approval for Ocean Wind, a wind farm to be built by the Danish energy company Ørsted and PSEG.

The draft statement addressed concerns by officials in some New Jersey beach towns that the turbines would spoil the ocean views and discourage tourists from returning.

It said the impact of the wind farm would be moderate on tourism due to noise from construction and the new structures, but that the wind turbines could attract tourists eager to see them.

The impact on cultural artifacts could be significant as “the introduction of intrusive visual elements” could “alter character-defining ocean views of historic properties onshore” and work on the ocean floor could disturb shipwrecks or submerged archaeological sites, the statement said.

And the significant impacts on fisheries could be attributed to ongoing regulations, climate change and the disruptions to operations by the construction and installation of the turbines, the report said. Some fishing vessels would decide to avoid the area altogether.

Read the full story at NJ.com

Wind turbines still on track east of Virginia Beach

April 25, 2022 — Wind turbines are among the technologies driving the development of renewable energy at the large scale, with the goal of reducing greenhouse gas emissions from fossil fuel power plants and slowing down planetary warming. Onshore turbines are already common from Texas to Iowa, as winds are reliable on the Plains throughout most of the year.

That’s generally not the case in Virginia and the Middle Atlantic states, especially during the doldrums of July and August. But several miles offshore, it’s a different story, which makes wind turbines more practical.

Offshore wind has already scaled up quickly in western Europe, and appears to be on the verge of rapid growth on this side of the Atlantic. But for the moment, there’s not much.

Read the full story at The Roanoke Times

 

Scientist says right whale protections critical for offshore wind

March 30, 2022 — Plans for 17 or more offshore wind turbine arrays off the U.S. East Coast mean more imminent peril for the endangered North Atlantic right whale – unless regulators and wind power developers implement sweeping new protection for the animals, according to one expert on the species.

Ship strikes and fishing gear entanglement already top the list of hazards for the right whale population, now estimated at less than 340 animals. Construction work and increasing vessel traffic around wind projects will add to the danger, says Mark Baumgartner, a senior scientist at the Woods Hole Oceanographic Institute whose laboratory tracks and studies the whales.

“We’ve never found a right whale that died of old age,” said Baumgartner. “We find they die from industrial accidents.”

A presentation by Baumgartner is titled “The Fate of North Atlantic Right Whales in an Increasingly Industrialized Ocean.” In an online discussion hosted Monday by the Rutgers Cooperative Extension Service in New Jersey, Baumgartner gave a blunt assessment of the situation.

“Right now, it’s not good,” he said, “unless we change our industrial practices.”

Read the full story at National Fisherman

NMFS, BOEM issue offshore wind ‘mitigation strategy’ for fisheries studies

March 25, 2022 — Offshore wind energy projects now planned off the U.S. East Coast will have an impact on at least 13 NMFS fisheries surveys, and a new draft ‘mitigation strategy’ has been proposed by the agency together with the Bureau of Ocean Energy Management.

Limitations on towing gear near turbine arrays, conducting aerial surveys and other impacts from the new energy industrial development are inevitable, and the new document out for public comment will be the subject of online discussions hosted by the agencies March 29 and March 30.

The strategy shows how the development of vast offshore turbine arrays could have profound effects on the annual survey work critical for keeping U.S. fisheries healthy and sustainable.

“For offshore wind developments with approved Construction and Operations Plans (COPs), the opportunity to avoid impacts has passed for NOAA Fisheries surveys,” the draft strategy acknowledges. “In these cases, this Implementation Strategy focuses on mitigating the impact over time through changes and additions to NOAA Fisheries surveys.”

There’s still time to reduce the future impact from additional wind developments, by documenting “impacts in the environmental review process and considering the impacts in the definition and approval process of future wind energy lease areas and lease sales,” the document states. “If these impacts are not avoided or minimized, this strategy can be used to mitigate the impacts.”

Read the full story at National Fisherman

 

Fishing advocates sue over federal approvals for Vineyard Wind

February 1, 2022 — The Responsible Offshore Development Alliance filed a lawsuit Monday against federal agencies for the Interior Department’s approval of the 800-megawatt Vineyard Wind offshore energy project off southern New England, alleging the government massively failed its responsibility to follow U.S. environmental and maritime laws.

“In its haste to implement a massive new program to generate electrical energy by constructing thousands of turbine towers offshore the eastern seaboard on the Atlantic Outer Continental Shelf and laying hundreds of miles of high-tension electrical cables undersea, the United States has shortcut the statutory and regulatory requirements that were enacted to protect our nation’s environmental and natural resources, its industries, and its people,” declares a preamble in the lawsuit in the District of Columbia federal court.

RODA, a coalition of fishing communities and industry groups, filed a notice of intent to sue Oct. 19 over its concerns but got no reply from the agencies, said Anne Hawkins, the group’s executive director.

“The fishing industry supports strong action on climate change, but not at the expense of the ocean, its inhabitants, and sustainable domestic seafood,” Hawkins said in announcing the lawsuit. “The decisions on this project didn’t balance ocean resource conservation and management and must not set a precedent for the enormous ‘pipeline of projects’ the government plans to facilitate in the near term. So we had no alternative to filing suit.”

Read the full story at National Fisherman

Responsible Offshore Development Alliance Files Complaint in Vineyard Wind Lawsuit

January 31, 2022 — The following was released by the Responsible Offshore Development Alliance:

Responsible Offshore Development Alliance (RODA), a broad membership-based coalition of fishing industry associations and fishing companies, filed suit today challenging the Interior Department’s approval of a massive offshore wind project to be constructed on a 65,000-acre tract in federal waters south of Martha’s Vineyard. The suit, filed in U.S. district court for the District of Columbia, names the U.S. Interior Department and Bureau of Ocean Energy Management, among others. The suit alleges that government agencies violated numerous environmental protection statutes in authorizing the Vineyard Wind 1 offshore wind energy project.

Annie Hawkins, Executive Director of RODA, stated: “In its haste to implement a massive new program to generate electrical energy by constructing thousands of turbine towers offshore the eastern seaboard on the Atlantic Outer Continental Shelf and laying hundreds of miles of high-tension electrical cables undersea, the United States has shortcut the statutory and regulatory requirements that were enacted to protect our nation’s environmental and natural resources, its industries, and its people.” She added, “The fishing industry supports strong action on climate change, but not at the expense of the ocean, its inhabitants, and sustainable domestic seafood.”

On October 19, 2021, RODA issued the government agencies a 60-day Notice of its Intent to Sue if they did not comply with the Clean Water Act, Endangered Species Act, Outer Continental Shelf Lands Act, and other federal environmental statutes. “The Alliance received no reply, and the environmental violations were not remedied,” Hawkins stated. “The decisions on this project didn’t balance ocean resource conservation and management, and must not set a precedent for the enormous “pipeline of projects” the government plans to facilitate in the near term. So we had no alternative to filing suit.”

 

Texas wind power critics, Northeast fishing advocates meet at Austin forum

January 25, 2022 — Advocates for the East Coast fishing industry sat down with free-market critics of wind power for a panel in Austin, Texas, where a conservative legal foundation has taken the fishermen’s fight to federal court.

Hosted by the Texas Public Policy Foundation, the discussion featured Meghan Lapp, fisheries liaison for Seafreeze Ltd. and Seafreeze Shoreside in Narragansett, R.I., and Bonnie Brady, executive director of the Long Island Commercial Fishing Association.

“There’s basically been wholesale sellout by the federal government of our fishing grounds,” said Lapp. “We’re talking about the whole East Coast…and the obliteration of fishing on the East Coast.”

Lapp put her legal background to use in years of reading government documents and putting formal comments into the Bureau of Ocean Energy Management and other federal agencies involved in offshore wind planning.

“I write every single comment letter like we’re going to sue, to establish that on the record, and I knew that’s where we were going to get with these projects,” said Lapp.

She knew then it could go all the way to the Supreme Court, but that the fishing industry could not do that on its own without more legal firepower, Lapp recalled. That led her to the Texas Public Policy Foundation, after reading how the group had brought a case on the Affordable Care Act to the high court.

Read the full story at National Fisherman

Nation’s Leading Fishing Port Reacts to Federal Announcement of Offshore Wind Leasing in New York Waters

January 13, 2022 — The following was released by the City of New Bedford:

The Port of New Bedford, Massachusetts, the center of the East Coast commercial fishing industry, is offering mixed reaction to the Bureau of Ocean and Energy Management’s (BOEM) announcement Wednesday that the agency will conduct a wind energy lease auction for six areas totaling 480,000 acres of the New York Bight in February.
 
The New Bedford fishing fleet–the nation’s top-grossing fleet–relies heavily on the fishing grounds of the New York Bight for its success.  Given the importance of the Bight, New Bedford Mayor Jon Mitchell and the New Bedford Port Authority (NBPA) have been actively engaged with BOEM regarding the development of the Bight for offshore wind energy projects.
 
In an April 2021 letter to BOEM Director Amanda Lefton, Mayor Mitchell, as Chairman of the Port Authority, recommended changes in the configuration of the proposed Bight lease areas to help reduce the impact on the Atlantic sea scallop industry and other fish species principally landed in New Bedford.
 
Specifically, the Mayor called for the southeastern boundary of the Bight’s Hudson South lease area to be shifted 5 miles to the west.  The Mayor’s letter was followed in August 2021 by a second letter further explaining the need for a boundary adjustment.
 
With its announcement yesterday, BOEM responded to the New Bedford requests, agreeing to shift the boundary in question 2.5 miles to the west, as well as reducing the size of another Bight lease area, the so-called “Central Bight” area.
 
Mayor Mitchell commented on yesterday’s developments, “The overarching lesson from yesterday’s announcement is the importance of staying engaged and offering pragmatic solutions that are responsive to the concerns of both wind proponents and fishing interests.  I appreciate the willingness of Director Lefton and the BOEM team to listen and adjust their approach based on the strength of the case we have made to them.”
 
Mitchell added, “This is by no means to say that the Port’s concerns with BOEM’s approach to offshore wind development in the Bight are all addressed.  We will continue to call on BOEM to use the wind project permitting process to minimize the economic impact on commercial fishing, and, equally important, to ensure fishermen are compensated for any economic damages caused by wind project development.”
 
“I can’t emphasize enough how important the fishing industry is to our nation’s food security and how economically important the industry is to state economies of New England.  The federal government should pursue a policy agenda that simultaneously takes into account the economic consequences to fishermen and the economic opportunities from offshore wind energy development.  It’s not an “either/or” proposition.  Federal regulators at BOEM and other agencies must consider both in all their decision-making,” said Mitchell.
 
For its part, New Bedford is uniquely positioned on issues of both economic impact and economic benefit.  The Port is the largest and most profitable seafood port on the East Coast and also has the distinction of being home to the nation’s only purpose-built offshore wind staging facility, the New Bedford Marine Commerce Terminal.  The nation’s first industrial-scale offshore wind project, Vineyard Wind, will begin staging from the Commerce Terminal in 2023.
 
Advocating for an effective mitigation strategy is part of the Port’s commitment to ensuring that offshore wind advances in ways that safeguard the viability of our commercial fishing industry.  Of particular concern to the Port is BOEM’s mitigation approach, which remains limited to consideration of environmental impacts.  The Port’s position is that wind project mitigation plans need to consider economic impacts, given the size of the fishing industry:  Thirty percent of the nation’s $5.5 billion seafood industry is landed in the Northeast, with seafood landings in the Port of New Bedford itself worth $450 million annually. In New Bedford, the scallop fishery alone is responsible for $300 million in annual landings.
 
A 2019 economic impact study of the Port of New Bedford conducted by Martin Associates and Foth-CLE Engineering Group determined that the regional seafood industry’s economic contribution comprises 39,000 jobs, $11 billion in local economic impact, $162 million in direct state taxes and $391 million in direct federal taxes.
 
Mitigation efforts also need to acknowledge that economic disruptions to commercial fisheries from wind farms will be felt across multiple states, not just those whose waters will host wind projects.  While wind projects may be built off the coast of New York and New Jersey, their impacts will not be limited to those states.  Large volumes of sea scallops caught off the coast of New York and New Jersey are landed daily in New Bedford, and fishermen who live in New England regularly fish in federal waters off the coasts of New York and New Jersey. Commercial fishing is an interconnected, region-wide industry, and needs a mitigation plan that is similarly broad in its scope.
 
The Port has therefore advocated for BOEM to take a proactive approach to its fisheries mitigation efforts by establishing definitive minimum standards for the mitigation process and requiring developers to use specific measures and methodologies to mitigate the impacts of offshore wind projects.

 

 

Interior Department Announces Historic Wind Energy Auction Offshore New York and New Jersey

January 12, 2022 — The following was released by the Department of the Interior:

Secretary of the Interior Deb Haaland announced today that the Bureau of Ocean Energy Management (BOEM) will hold a wind auction next month for more than 480,000 acres offshore New York and New Jersey, in the area known as the New York Bight. Secretary Haaland was joined by New Jersey Governor Phil Murphy, New York Governor Kathy Hochul, and Liz Shuler, President of the American Federation of Labor and Congress of Industrial Organizations, to highlight what will be the first offshore wind lease sale under the Biden-Harris administration.

The Feb. 23 auction will allow offshore wind developers to bid on six lease areas – the most areas ever offered in a single auction – as described in BOEM’s Final Sale Notice. Leases offered in this sale could result in 5.6 to 7 gigawatts of offshore wind energy, enough to power nearly 2 million homes. As offshore wind technology continues to advance, these areas may have the potential to produce even more clean energy.

“The Biden-Harris administration has made tackling the climate crisis a centerpiece of our agenda, and offshore wind opportunities like the New York Bight present a once-in-a-generation opportunity to fight climate change and create good-paying, union jobs in the United States,” said Secretary of the Interior Deb Haaland. “We are at an inflection point for domestic offshore wind energy development. We must seize this moment – and we must do it together.”

On today’s call, the leaders outlined a shared vision for developing a robust offshore wind domestic supply chain that will deliver benefits to residents of New York and New Jersey and the surrounding region, including underserved communities. This collaboration will serve as a model for future engagement and establish the U.S. as a major player in the global offshore wind market.

The Biden-Harris administration’s goal to install 30 GW of offshore wind by 2030 is complemented by state offshore wind policies and actions throughout the Northeast and Mid-Atlantic. Collectively, New York and New Jersey have set the nation’s largest regional offshore wind target of installing over 16 GW of offshore wind by 2035.

“Offshore wind holds the tremendous promise for our future in terms of climate change, economic growth, strengthening our work force, and job creation,” said Governor Murphy. “New Jersey is already committed to creating nearly one-quarter of the nation’s offshore wind-generation market and these transformative projects are proof that climate action can drive investments in infrastructure and manufacturing, while creating good-paying, union jobs. By acting on this this shared vision, we can promote our joint offshore wind goals, and deliver benefits to residents of both states, particularly those in overburdened communities. Together, with this critical cooperation with the Biden-Harris administration and our state partners, we will turn this vision of becoming a leader in the global offshore wind market into a reality.”

“Here in New York, we are already living with the effects of climate change through extreme weather that pose a direct threat to our way of life,” Governor Hochul said. “We must chart an ambitious path toward a cleaner energy economy now more than ever, and today’s milestone further highlights New York’s commitment to reaching it’s offshore wind goals. This effort will require collaboration at all levels, and I applaud the Biden Administration for their action and thank Secretary Haaland and BOEM, as well as New Jersey Governor Murphy, for their partnership as we build on New York’s offshore wind energy development.”

A recent report indicates that the United States’ growing offshore wind industry presents a $109 billion opportunity in revenue to businesses in the supply chain over the next decade.

The New York Bight offshore wind auction will include several innovative lease stipulations designed to promote the development of a robust domestic U.S. supply chain for offshore wind and enhance engagement with Tribes, the commercial fishing industry, other ocean users, and underserved communities. The stipulations will also advance flexibility in transmission planning and make use of project labor agreements throughout the construction of offshore wind projects. Stipulations include incentives to source major components domestically – such as blades, turbines, and foundations – and to enter into project labor agreements to ensure projects are union-built.

To advance the Department’s environmental justice and economic empowerment goals, the Sale Notice also requires lessees to identify Tribes, underserved communities and other ocean users who could be affected by offshore wind development. The Interior Department will hold companies accountable for improving their engagement, communication and transparency with these communities.

These additions are intended to promote offshore wind development in a way that coexists with other ocean uses and protects the ocean environment, while also facilitating our nation’s energy future for generations to come.

BOEM initially asked for information and nominations of commercial interest for 1,735,154 acres in the Bight. Based on the bureau’s review of scientific data, and extensive input from the commercial fishing industry, Tribes, partnering agencies, key stakeholders, and the public, BOEM reduced the acreage by 72% to avoid conflicts with ocean users and minimize environmental impacts. BOEM will continue to engage with stakeholders as the process unfolds.

More information about the auction, lease stipulations, list of qualified bidders for the auction and Interior’s collaboration with New York and New Jersey can be found on BOEM’s website.

Background

The Biden-Harris administration catalyzed the offshore wind industry by announcing the first-ever national offshore wind energy goal, creating a clear vision for the future of this innovative industry. This goal is reinforced by the Bipartisan Infrastructure Law, which will make robust investments in sustainable economies, clean energy, and climate resilience.

The Administration has already made significant progress toward creating a pipeline of projects. It has approved the nation’s first two commercial-scale offshore wind projects in federal waters: the 800-megawatt Vineyard Wind project (approved on May 11, 2021) and the 130-megawatt South Fork Wind project (approved on November 24, 2021). BOEM expects to review at least 16 plans to construct and operate commercial offshore wind energy facilities by 2025, which would represent more than 22 GW of clean energy for the nation.

In addition, this past fall Secretary Haaland announced a new leasing path forward, which identified up to seven potential lease sales by 2025, including the New York Bight and offshore the Carolinas and California later this year, to be followed by lease sales for the Central Atlantic, Gulf of Maine, the Gulf of Mexico, and offshore Oregon.

Read the release here