Saving Seafood

BOEM requires transit corridors for offshore wind energy areas

October 22, 2018 — The federal Bureau of Offshore Energy Management is requiring offshore wind energy developers to set aside vessel transit corridors, amid intense discussions with the commercial fishing industry.

In a notice published Friday in the Federal Register, the agency announced it would offer an additional 390,000 acres south of Massachusetts for lease on Dec. 13. That would extend large areas already leased from Block Island, R.I., to south of Martha’s Vineyard.

The BOEM notice includes a new requirement for planning safe transit lanes through future arrays of turbine towers on the shallow continental shelf.

“The fishing industry has raised concerns with the ability to safely transit the existing and offered leases, particularly with their ability to quickly and safely return to port during inclement weather,” agency officials wrote.

At a Sept. 20 meeting in Massachusetts, Coast Guard officials and fishing industry groups proposed transit lanes through the leases to BOEM and wind developers Baystate Wind, Vineyard Wind and Deepwater Wind (since merged with Norwegian energy company Equinor, formerly known as Statoil).

“Representatives from the squid, groundfish, scallop, and other fisheries agreed that the two nautical-mile-wide transit corridors through the existing leases would provide the ability to safely transit to and from the fishing grounds. BOEM expects these, or similar, transit corridors to be finalized in the near future, and future lessees will be required to incorporate them into their plans,” the lease sale notice states.

Read the full story at Work Boat   

 

CALIFORNIA: U.S. Department of Interior soliciting interest in developing Central Coast offshore wind farms

October 19, 2018 — The U.S. Department of the Interior is taking public comment on two possible areas for wind farms on the Central Coast.

The Bureau of Ocean Energy Management is accepting interest in three sites off the California coast for potential wind development. One section would stretch from Cambria to San Simeon approximately 32 miles offshore, while a second site sits offshore the present Diablo Canyon Nuclear Power Plant.

The third area for potential wind development in California is near Humboldt Bay. Much of California’s coastline is otherwise off-limits to offshore wind farms.

The U.S. Department of the Interior is accepting interest from companies who want to develop the wind sites. A 100-day public comment period is also open until January 27.

The administration hopes that will lead to the West Coast’s first offshore wind auction.

Trident Winds, a German company, has already expressed interest in the Morro Bay site. Trident has proposed building roughly 100 floating wind turbines that would generate enough power for 300,000 homes.

Read the full story at KSBY

Trump administration to hold Massachusetts offshore wind auction in December

October 19, 2018 — Nearly 400,000 acres of the Massachusetts Wind Energy Area will be up for grabs in December, as the Trump administration holds its next offshore wind auction, officials announced this week.

U.S. Secretary of the Interior Ryan Zinke revealed Wednesday that the Bureau of Ocean Energy Management will auction off 388,569 acres located on the Outer Continental Shelf offshore Massachusetts on Dec. 13.

A total of 19 companies — including Deepwater Wind New England, LLC, Mayflower Wind Energy LLC, and Northeast Wind Energy, LLC, among others — have qualified to take part in the auction, according to the agency’s final sale notice.

The bureau will auction off three leases that are located in an area where two former leases were unsold during the Atlantic Wind Lease Sale in January 2015. The new lease areas will respectively cover about 129,000 acres, 127,000 acres and 132,000 acres.

Zinke touted the December auction, offering that “the Massachusetts sale has a lot of potential for both energy and economic activity.”

“If fully developed, the wind auction could support approximately 4.1 gigawatts of power to supply nearly 1.5 million homes,” he said in a statement. “This is just one example of the importance of fostering wind energy as a new American industry.”

Read the full story at MassLive

Offshore wind farms planned on East and West coasts

October 19, 2018 — The U.S. government is taking steps to develop offshore wind farms off both coasts.

Interior Secretary Ryan Zinke announced this week the Bureau of Ocean Energy Management will hold an offshore wind auction Dec. 13 for nearly 390,000 acres (157,831 hectares) of ocean off Massachusetts.

Zinke said the area, if fully developed, could supply power to nearly 1.5 million homes.

He also announced the bureau is opening its environmental review of a 15-turbine project off Long Island, New York, proposed by Deepwater Wind, operators of the nation’s lone commercial wind farm off Rhode Island.

And in California, Zinke announced the bureau is seeking comment on possible areas for wind development off the state’s central and northern coasts.

Read the full story from the Associated Press at ABC News

MASSACHUSETTS: Feds see much potential in state’s offshore wind

October 19, 2018 — The federal government plans in December to hold an offshore wind auction featuring 390,000 acres off the coast of Massachusetts, an area that officials say could provide enough power to serve 1.5 million homes.

“The Massachusetts sale has a lot of potential for both energy and economic activity,” Interior Secretary Ryan Zinke said in a statement after announcing plans for the Dec. 13 auction while addressing the American Wind Energy Association’s Offshore Wind Conference on Wednesday in Washington.

The federal government has previously leased waters off the coast of Massachusetts for offshore wind development and one of those leaseholders, Vineyard Wind, was selected by state and utility officials to build an 800-megawatt commercial wind energy installation south of Martha’s Vineyard.

On March 30, the Bureau of Ocean Energy Management (BOEM) announced its notice to prepare an environmental impact statement for the construction and operations plan submitted by Vineyard Wind.

Read the full story at The Salem News

Trump administration opens door for California offshore wind farms

October 18, 2018 — The Trump administration is considering allowing companies to build offshore wind farms off the coast of California.

Interior Secretary Ryan Zinke said his department’s Bureau of Ocean Energy Management (BOEM) will start taking comments this week on potential areas within about 1,073 square miles on California’s outer continental shelf that could host wind turbines.

The announcement, initially made at an industry conference Wednesday, came alongside news that BOEM will hold an auction in December to sell the rights to build offshore wind farms in an area off Massachusetts’s coast and that officials will start the environmental review process for the proposed South Fork Wind Project, a 15-turbine wind farm off Rhode Island.

While the Trump administration has sought to promote fossil fuels across numerous policy actions, Zinke said officials also strongly support wind power.

“I’m very bullish on offshore wind, and harnessing this renewable resource is a big part of the Trump administration’s made in America energy strategy,” Zinke said in a statement.

“We are always looking at new ways to increase American innovation and productivity to provide abundant and affordable energy for our homes and manufacturers. I think this is a win for America.”

The United States currently has just one utility-scale offshore wind farm, the Block Island project off Rhode Island. Companies have leased spots off the East Coast for other potential wind projects.

Read the full story at The Hill

EDWARD KRAPLES: We need more, not less, competition for offshore wind

October 15, 2018 — The offshore wind era in the United States is here. With no need to burn fossil fuel, to enrich uranium, to dam rivers, or to build thousands of acres of solar panels, offshore wind is the most benign form of bulk power available to mankind.

Plans to seize the potential of offshore wind already have powerful momentum on the East Coast. Between Massachusetts, New York, and New Jersey alone, more than 8,000 megawatts of wind power is envisioned. Building out 1,000 megawatts entails up to $5 billion of capital investment, drawing the attention of developers far and wide. So far, European companies — mostly giant, state-spawned enterprises with deep experience in the offshore — have been quickest to recognize this enormous investment opportunity. This week the Danish firm Ørsted bought the only remaining independent US company with offshore wind positions, Deepwater.

Ørsted’s acquisition of Deepwater naturally diminishes the amount of competition for offshore wind contracts. Policy-makers in Massachusetts should immediately take two actions: first, Gov. Charlie Baker should ask the US Bureau of Ocean Energy Management to increase the number of planned offshore wind lease areas from two to three. Another lease area would assure that the loss of Deepwater as a competitive entrant will be offset by the emergence of a new lease owner off the coast of Massachusetts.

Second, the Massachusetts Department of Energy Resources should even more strongly promote an ocean grid that serves as a platform for multiple offshore wind developers. The first request for proposals that have solicited offshore power did not stipulate anything about the transmission that will take it to market. Naturally, extremely large and competent offshore wind generators dearly wish to own both the wind farms and the conduit to land and have advanced arguments to the effect that, they, and they alone, can get the job done right.

But letting each generator plan and build and own major transmission lines to shore is akin to letting Walmart plan and build and own the interstate that leads to its stores using its customers money. Bundling generation and transmission limits bidders to the few that have the capacity to do both. Limiting the offshore opportunities to only a few competitors is never good for those paying the bills.

Read the full story at Commonwealth Magazine

Judge Tosses Seafood Industry Challenge to East Coast Wind Farm

October 3, 2018 — A seafood industry challenge to a $42.5 million lease for a wind farm off the coast of New York was filed prematurely, a federal judge has ruled.

Led by the Fisheries Survival Fund, the plaintiffs in the case said the Bureau of Ocean Energy Management failed to adequately consider how the Statoil Wind US LLC wind energy facility would impact fishermen, along with other environmental and economic impacts.

The plaintiffs also argued that the agency failed to consider adequate alternatives or prepare an environmental impact statement, which the Bureau of Ocean Energy Management said was unnecessary after determining that there were no foreseeable environmental impacts that would significantly impact the human environment.

But U.S. District Judge Tanya Chutkan, while finding that  the Fisheries Survival Fund and the other  plaintiffs had standing to bring claims under the National Environmental Policy Act, ruled Sunday they were not yet ripe.

That’s because Statoil Wind US LLC, the company developing the 26-mile wind farm roughly 11 miles out from Long Island, must first submit its construction and operations plans, along with a site assessment, while the Bureau of Ocean Energy Management retains authority to reject any or all of those.

“The presence of these ‘conditions’ does not transform the lease into an irretrievable commitment of resources,” the 24-page ruling says.

Chutkan later adds: “The lease sale does not represent the final word on anything, nor does it commit any resources, even putting aside the question of whether it does so irretrievably,” the 24-page ruling says.

If its site assessment plan is approved, Statoil will have five years to conduct surveys and propose construction and operations plans.

Read the full story at Courthouse News

Court upholds BOEM lease for New York offshore wind energy

October 3, 2018 — Seafood industry groups were dealt a setback Sept. 30 when a federal court judge in Washington, D.C., refused to grant a ruling in their challenge of a federal lease for an 80,000-acre offshore wind energy project near New York.

The Fisheries Survival Fund and its allies sought a summary judgement from U.S. District Court Judge Tanya Chutkan in Washington, D.C., to overturn the federal Bureau of Offshore Energy Management’s grant of a $42.5 million lease to Norway-based Equinor, formerly Statoil, for its Empire Wind project. 

Fishermen argued BOEM ignored potential impacts on the environment and fishing. On Sunday the judge ruled that challenge to the initial December 2016 leasing was premature, as the agency has yet to review a construction and operations plan from the company.

But other court precedents have held that offshore leaseholders “gain more rights as development proceeds, and as more time and money are invested in a project,” the Fisheries Survival Fund said in a prepared statement. “That means that the further development proceeds, the more difficult it becomes for plaintiffs to overturn a leasing decision.”

The decision comes as wind energy companies are vying to lock in agreements with state governments in New York and New Jersey – and get priority for ratepayer subsidies that will help develop a U.S. industry.

The judge has found the fishing industry and affected communities; including scallop fishing ports like New Bedford, Mass., have standing to contest the wind farm proposal. The challengers say the “unsolicited bid procedure allowed BOEM to decide, behind closed doors, what area of the ocean was to be leased.”

Read the full story at WorkBoat

Fisheries Survival Fund Expresses Concern Over Recent Ruling in NY Wind Farm Case

October 1, 2018 — WASHINGTON — The following was released by the Fisheries Survival Fund:

Late yesterday, the U.S. District Court for the District of Columbia denied a ruling for summary judgment in the ongoing lawsuit against the leased wind farm area in the New York Bight. While the Fisheries Survival Fund (FSF) is pleased that the court found that the fishing industry and affected port communities have standing to bring claims in the case, we are concerned with other aspects of the ruling.

Specifically, we are troubled by the court’s finding that our claims under the National Environmental Policy Act (NEPA) are not ‘ripe.’  The court held that, because the Bureau of Ocean Energy Management (BOEM) retains some authority to preclude surface disturbing activities in the period between issuing a lease and the approval of a construction and operations plan, the lease itself does not constitute the irretrievable transfer of resources required under NEPA. The court found that the “lease sale does not represent the final word on anything, nor does it commit any resources, even putting aside the question of whether it does so irretrievably.”

This suggests that the court views the lease as something akin to a ‘ticket’ to proceed, rather than a guarantee of any rights.  Just as a concertgoer’s ticket can be revoked by a venue for inappropriate behavior, the court seems to contend that the leaseholder’s ‘ticket’ for at-sea development can be revoked by BOEM at any time. But in fact, judicial precedent interpreting the Outer Continental Shelf Lands Act (OCSLA) has held that the leaseholder gains more rights as development proceeds, and as more time and money are invested in a project.  This means that, the further development proceeds, the more difficult it becomes for plaintiffs to overturn a leasing decision.

We are concerned that the court’s view of the case as premature at the leasing stage, combined with case law finding a leasing challenge too late at the construction and operation plan phase, leaves plaintiffs with no opportunity to challenge this siting decision.

We are encouraged the court never contested our view that the unsolicited bid procedure allowed BOEM to decide, behind closed doors, what area of the ocean was to be leased. But we are troubled by the court’s ruling that our OCSLA claims are barred because we did not comply with the provision requiring 60 days notice of an intended filing. We were not able to provide 60 days’ notice, because BOEM scheduled the lease sale only 45 days after publication of the Final Sale Notice.

The court held that we were not excused from compliance with the 60-day notice period because the statute does not require BOEM to schedule its lease sales with sufficient time to accommodate potential claimants. If the court’s position is upheld, BOEM apparently would have the ability to lease any portion of the ocean unchallenged, and would deny any harmed parties their right to challenge a proposed lease sale under the OCSLA.  We believe given these circumstances that we should have been granted an exemption from this requirement.

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 North Carolina.  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.