Saving Seafood

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.

First offshore wind farm in federal waters inches closer

September 24, 2018 — What could be the first offshore wind farm in federal waters took a major step forward last month when Dominion Energy applied to the Virginia State Corporation Commission for approval to build two 6 MW wind turbines and the project’s grid infrastructure.

Called the Coastal Virginia Offshore Wind Project (CVOW), it would located about 27 miles off the coast of Virginia Beach on 2,135 acres of federal waters leased by the Virginia Department of Mines, Minerals and Energy. The two 6 MW turbines will sit in about 80 feet of water and generate wind energy for customers starting in December 2020.

Denmark’s Ørsted has been hired by Dominion Energy to build CVOW. Just this past Sept. 6, Ørsted opened the Walney Extension, the world’s largest offshore wind farm with 87 wind turbines generating potentially 659 MW of power in the Irish Sea.

A demonstration project, CVOW would be the second offshore wind farm in the U.S., following the Block Island Wind Farm in Rhode Island, which began operating in 2015. More importantly perhaps is that CVOW will be the first offshore wind farm to go through the Bureau of Ocean Energy Management’s (BOEM) approval process.

Read the full story at Marine Log

 

NEW BEDFORD STANDARD-TIMES: BOEM should do ocean study before awarding NY wind leases

September 24, 2018 — Sometimes big issues seem to appear as if out of nowhere.

Residents of SouthCoast may have been feeling that way this week upon learning that the Bureau of Ocean Energy Management is about to decide on the future of some of the New Bedford scallop fleet’s prime fishing grounds just next month, in October.

Mayor Jon Mitchell and others gave their testimony to BOEM Tuesday about the plans of New York state to award wind turbine leases in a 2,300-square-mile section of ocean known as the New York Bight. The area just happens to be the spot where 40 to 50 percent of the scalloping grounds fished by New Bedford’s fleet are, according to scalloper Eric Hansen.

The federal agency has indicated to developers that 80,000 of the 1.5 million acres contained in the region would be a reasonable turbine size but local officials are worried.

Mitchell called for a scientific study and analysis of where the turbines should go, and recommended against a hasty awarding of leases.

“These decisions are permanent,” he said, explaining that the North Atlantic is far larger and more complex than the areas of Northwest Europe where previous wind turbine studies have been done. There needs to be a hard assessment of the cumulative effects of the wind farms and the locations of the scallops, squid and other species.

In just one area where a lease is being considered, over the last five years New Bedford has taken an annual average of 56 million scallops. That’s a good chunk of the 354 million scallops the city fleet has taken on average over the last five years.

“This is a big deal,” Mitchell told the BOEM officials.

Read the full opinion piece at the New Bedford Standard-Times

NEW JERSEY: Offshore wind energy: Fishermen ask for relief

September 21, 2018 — Offshore windmills may be the future of energy here, but they’re presently a source of agitation to commercial fishermen.

A vocal group of them, who aren’t necessarily opposed to windmills but just the placement of them on or near fishing grounds, which if you ask them is anywhere the water is salt, gave the Bureau of Ocean Energy Management their two cents at a public meeting Thursday.

BOEM oversees offshore wind for the U.S. Department of Interior and is in the planning stages of selecting ocean floor off the New Jersey coast for windmill placement.

The agency was at the Long Branch Public Library to present information collected in a recent public comment period and call for interest among offshore energy companies.

“All of these areas are prime scallop grounds. We’re not going to take any of this lying down,” said Arthur Osche, a member of the Point Pleasant Fishermen’s Dock Co-operative.

Osche was referring to fishing grounds in Hudson North and Hudson South, two designated wind farm lease sites that start about 17 miles east of the coastline here.

The two sites are grouped into the New York Bight Call Area, which also contains two lease sites off the Long Island. The four sites total 2,047 square nautical miles, which is equivalent 2,710 square miles on land.

BOEM’s officials announced they have nine energy companies waiting to potentially make a bid on the lease areas.

Scallops are the state’s most valuable seafood commodity. In 2016, the commercial scallop harvest brought in $123 million, according to National Marine Fisheries Service data.

Fellow co-operative dock member Jim Lovgren said if their access to the grounds is restricted by the windmills then they should be paid for the economic loss.

“Mark off the area and then compensate us,” said Lovgren.

U.S. commercial fishermen can be compensated for property and economic loss due to energy development on the outer continental shelf through the Fishermen’s Contingency Fund.

Read the full story at the Asbury Park Press