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Working Group Nears Consensus on Transit Lanes for Fishing Vessels in Northeast Wind Energy Areas

December 6, 2018 — The following was released by the Responsible Offshore Development Alliance:

The Responsible Offshore Development Alliance (RODA), which consists of regional fishing industry representatives from Maine to North Carolina, convened an Offshore Wind Transit Lane Working Group meeting on December 3^rd at the Hotel Viking in Newport, R.I.

Fishing industry representatives, offshore wind developer lease-holders, the National Marine Fisheries Service (NMFS), the Bureau of Ocean Energy Management (BOEM), and the U.S. Coast Guard, among others, joined RODA to continue an attempt to develop fishery transit lanes through the large group of Wind Energy Areas (WEAs) in federal waters off of Massachusetts and Rhode Island. The meeting was facilitated by the Consensus Building Institute. Currently, three WEAs are subject to active leases held by Ørsted U.S. Offshore Wind and Vineyard Wind. BOEM will hold an additional auction for three new leases in WEAs adjacent to the existing sites on December 13, 2018.

In addition to loss of access within the lease areas, commercial fishermen coastwide have long been concerned about their ability to safely travel across wind energy arrays to access other historical, traditional commercial fishing grounds. They are especially concerned with the size of the WEAs being proposed by BOEM, which are by far the largest in the world.

While fishing industry representatives and wind developers agree that minimizing transit time through wind energy arrays is a primary design goal, safety risks greatly increase due to the long distances—up to 50-70 miles—fishing boats may be required to transit either around or through wind energy arrays.

The Massachusetts Fisheries Working Group on Offshore Wind began to consider the development of transit lanes earlier this year, and RODA has since held a large workshop followed by the smaller working group meeting to continue this task. To prepare for the working group meeting, RODA asked NMFS and the Northeast Regional Ocean Council Data Portal team to evaluate historic transit patterns to identify options for safe and direct access to fishing grounds. NMFS presented an analysis based on VMS and AIS data that substantially supported input received from the fishing industry regarding prevailing transit patterns.

As some examples, vessels from Massachusetts, Rhode Island, Connecticut, and other ports frequently cross the Wind Energy Areas in a “diagonal” Northwest-Southeast direction to access offshore fishing grounds, and will no longer have access to direct routes. Vessels from New York must additionally transit in an East-West direction, whereas other fisheries access grounds in a variety of directions including North-South in western and eastern portions of the lease areas.

Fishing industry representatives have considered a wide range of transit lane options and continue to support options that generally preserve these most important routes to their historic fisheries, which must include a “diagonal” route or, less favorably, smoothing out the Northwest-Southeast edges of the lease areas to allow more direct transit along the perimeters. Offshore wind lease-holding developers, for their part, have attempted to identify routes to meet those goals that also preserve the energy-generating nameplate capacity for each site that allows them to meet pricing goals for power procurement. Developers have various viewpoints on preferred transit lane locations and, as such, layouts have differing ranges of support including for the currently unleased areas.

The series of discussions regarding transit lane design was further from achieving consensus on the necessary width of transit lanes. Offshore fishermen have consistently requested lanes to be a minimum width of 4 nautical miles to allow for safe passage in an area known for extreme weather and tidal conditions, and to mitigate the anticipated effects of radar interference emanating from large monopole turbines. The developers have proposed lanes of only one to two nautical miles in order to optimize site layouts for wind exposure.

In order to foster evidence-based progress on necessary transit lane widths, RODA and others have requested the Coast Guard and BOEM to conduct an in-depth analysis regarding fisheries vessel position data, radar functionality, emergency incident reports, and other items.

While the group has not yet finalized recommendations, both fishermen and developers broadly agree that the most efficient timing for transit lane identification would occur before a lease is issued. RODA therefore strongly urges BOEM to include stipulations for the continuation of these transit lanes in its upcoming lease sale, and welcomes inquiries as to the status of these recommendations as potential bidders prepare proposals.

Additional materials, including a meeting summary with details regarding each of the options, will be available shortly on the RODA website.

About RODA
The Responsible Offshore Development Alliance (RODA) is a broad, membership-based coalition of fishing industry associations and companies working to improve the compatibility of new offshore development with their businesses. It seeks to coordinate science and policy approaches, through public and private partnerships, to manage development of the Outer Continental Shelf in a way that minimizes conflicts with existing traditional and historical fishing.

NOAA’s treatment of wind industry called into question after closure of clamming areas

December 6, 2018 — Offshore wind development appeared on Tuesday’s agenda at a New England Fishery Management Council meeting, however, it wasn’t expected to pop up during discussion on closures affecting the clamming industry.

Peter Hughes, a liaison for the Atlantic Council, couldn’t digest the fact that an offshore wind leasing area identified in a similar region extends upwards of 1,400 square miles, while the clamming industry, which sought less than 300 square miles off of Nantucket Shoals, couldn’t receive approval.

The notion only gained traction after the council voted against the resolution the clamming industry had wanted, which would have provided exemption to the 280 miles of harvesting area. Instead, the council adopted a modifed version that closed Rose and Crown and Zone D to clamming.

“It’s amazing to me that they’ve turned this complete blind eye on really the most intrusive project that’s ever come on the East Coast, which is wind,” said Scott Lang, former New Bedford mayor and attorney for the clam industry. ”… They’re acting like that’s something we’re just going to have to live with, but a fishery that’s been around for a couple hundred years is a threat to the habitat.”

Both Hughes and Lang said they supported offshore wind, but the fishing industry should receive the same cooperation from NOAA.

Read the full story at the New Bedford Standard-Times

Vineyard Wind draft report released

December 6, 2018 — While local community members still need to comb through the details, a federal analysis of Vineyard Wind’s $2 billion construction and operations plans that is to be officially released in draft form on Friday is expected to keep the project moving forward.

“The company remains squarely on track to place equipment orders and start construction in 2019,” said Erich Stephens, Vineyard Wind’ chief development officer.

The company needs to begin construction of its 800-megawatt wind farm next year because 2019 is the final year of a federal investment tax credit program that was a component in the company’s successful bid to sell electricity to three electricity distributors in Massachusetts.

By remaining on schedule, the company can maximize the value of the tax credit, “creating $1.4 billion in savings for the Commonwealth over the life of the project,” Stephens said.

Top executives with Vineyard Wind expressed optimism in late September about completion dates for the offshore project after a Bank of America Merrill Lynch financial report indicated timely permitting by the federal Bureau of Ocean Energy Management. In late September, a spokeswoman for the federal agency said Vineyard Wind’s draft environmental impact statement would be issued for public comment by December, and that a final decision on the company’s construction and operations plan is expected next summer.

Read the full story at the New Bedford Standard-Times

West Coast fishermen are suing oil companies for climate change damages

December 5, 2018 — Fishermen are still waiting for permission to catch Dungeness crabs off California’s northernmost coast this season — and they want oil companies to pay for the delay.

State officials have postponed the start of the commercial Dungeness crab season because of high levels of a neurotoxin called domoic acid. Similar closures have wreaked economic havoc on the industry in recent years.

he neurotoxin’s presence in the prized crabs has been linked to warming ocean waters, one of the many effects of human-caused climate change. That’s why the West Coast’s largest organization of commercial fishermen is suing more than a dozen oil companies, arguing they have knowingly peddled a product that threatens ocean life and the people whose economic fortunes depend on it.

The oil companies “engaged in a coordinated, multi-front effort to conceal and deny their own knowledge of those threats, discredit the growing body of publicly available scientific evidence, and persistently create doubt,” the Pacific Coast Federation of Fishermen’s Assns. said in its lawsuit, filed last month.

“Families and businesses that depend on the health and productivity of the Dungeness crab fishery to earn their livings suffer the consequences,” the federation said.

Read the full story at the Los Angeles Times

BOEM to publish environmental impact statement for Vineyard Wind’s offshore wind farm

December 4, 2018 — The United States’ Bureau of Ocean Energy Management (BOEM) has announced that it will issue a Notice of Availability (NOA) for Vineyard Wind’s Draft Environmental Impact Statement (DEIS.) The DEIS was prepared by BOEM as part of the agency’s review of Vineyard Wind’s proposed 800-MW wind farm to be constructed in federal waters south of Martha’s Vineyard and approximately 34 miles south of the Cape Cod mainland.

BOEM reported that there will be a 45-day public comment period for the DEIS, ending on January 21, 2019. The DEIS provides an analysis of potential environmental impacts associated with proposed actions as set forth in the Construction and Operations Plan (COP) for the project that Vineyard Wind submitted to BOEM in 2017.

Public input, which will include five public BOEM meetings in the region, will inform preparation of the Final Environmental Impact Statement. Full details regarding the public meetings and directions for submitting comment can be found here.

Publication of the DEIS represents the latest progress for the project as it advances through the permitting process toward the start of construction in 2019 and operations by 2021 following the award and execution of long-term contracts between Vineyard Wind and Massachusetts’ electric distribution companies. Since submitting the COP, Vineyard Wind announced that the project’s preferred cable landing will be the Town of Barnstable and both parties entered into a Host Community Agreement, stipulating additional measures to ensure protection of the Town’s watershed.

Read the full story at Windpower Energy & Development

Virginia conservationists blast approval of seismic testing for oil, gas in Atlantic

December 4, 2018 — Virginia conservationists are blasting the Trump administration’s decision to reverse course and approve seismic air gun surveys along the Atlantic coast to search for buried oil and gas reserves.

The groups cite widespread public opposition to seismic blasting and offshore drilling, as well as the harm posed to marine life and coastal economies that rely on healthy waters and wetlands.

“This action flies in the face of massive opposition to offshore drilling and exploration from over 90 percent of coastal municipalities in the proposed blast zone,” said Diane Hoskins, campaign director at the D.C.-based advocacy group Oceana. “President (Donald) Trump is essentially giving these companies permission to harass, harm and possibly even kill marine life.”

“Offshore drilling in our region would pose far too many risks to the health of coastal waters and the Chesapeake Bay, fishing, aquaculture, tourism and all jobs that depend on clean water,” said Lisa Feldt, vice president for environmental protection and restoration at the Chesapeake Bay Foundation. “We need to run away from offshore drilling, not move towards it.”

Read the full story at the Daily Press

NOAA Approves Seismic Blasts off Coast of Md., Va.

December 4, 2018 — The federal government has cleared the way for five companies to do seismic surveys in the Atlantic Ocean off the coast of Maryland and Virginia, as a first step to possible offshore drilling for gas and oil.

National Marine Fisheries Service, part of the National Oceanic and Atmospheric Administration, gave final authorization, under the Marine Mammal Protection Act, to “incidentally, but not intentionally, harass marine mammals to companies proposing to conduct geophysical surveys in support of hydrocarbon exploration in the Atlantic Ocean.”

That means NOAA Fisheries will allow seismic blasts even though they may unintentionally disturb marine mammals. The companies will be required to monitor acoustics, and take action to reduce the impact on animals. The required actions include vessels listening and watching for marine life, especially protected species. Companies must increase the seismic activity gradually “to alert animals in the area and reduce potential for exposure to intense noise.” And when certain sensitive species are nearby, they must stop blasting.

The geophysical surveys use airgun arrays to explore for hydrocarbons. A 2017 Presidential Executive Order encourages energy exploration like this. The NOAA Fisheries decision to allow blasting on the Atlantic Coast was met with outrage from conservation groups like the Chesapeake Bay Foundation.

The Bureau of Ocean Energy Management says there is no evidence that seismic surveys harm marine life, but a study it conducted in 2014 shows that nearly three million dolphins and half a million whales could be harassed, or worse, by survey activity.

Read the full story at the Chesapeake Bay Magazine

Vineyard Wind given more time to meet fishermen’s concerns

November 28, 2018 — Rhode Island coastal regulators granted Vineyard Wind a stay in permitting proceedings on Tuesday, giving the New Bedford company another two months to reach agreement with fishermen who say they would lose access to valuable fishing grounds in the waters where 84 wind turbines would be installed.

At the request of Vineyard Wind, the Coastal Resources Management Council agreed to postpone a decision until the end of January on whether to grant what’s known as a “consistency certification” to the 800-megawatt offshore wind farm proposed in 118 square miles between Block Island and Martha’s Vineyard.

The delay will give the company more time to discuss a compensation package with fishermen and potential tweaks to the wind farm’s layout, said CEO Lars Pedersen.

“It requires more time to find the right solutions,” he said. “We recognize that it is a challenging situation.”

But representatives of the fishing industry argued against the stay.

“We’ve tried — 14 months, countless hours, countless days not at sea — and it just seems like they’re stalling,” said Newport fisherman Todd Sutton.

The decision represents a reprieve for the $2-billion proposal, which is facing headwinds after fishermen complained that the orientation and tight spacing of the turbines would make it impossible for them to safely fish in grounds rich in lobster, Jonah crab and squid. On Nov. 19, the Fishermen’s Advisory Board, which advises the CRMC on fishing issues related to offshore wind, unanimously voted to deny its support to the proposal.

Since that vote, staff in Gov. Gina Raimondo’s office have spoken with Vineyard Wind and the federal Bureau of Ocean Energy Management, the lead permitting agency for the project, but no further changes were made to the proposal.

Read the full story at the Providence Journal

Vineyard Wind Project Hit with Setbacks as Deadline Approaches

November 27, 2018 — The influx of offshore wind energy isn’t without its hiccups as developers negotiate with regulatory agencies and fishermen to get their projects approved as deadlines approach.

Vineyard Wind, the 94-turbine wind facility proposed for south of Martha’s Vineyard, was dealt a setback recently when it was denied an extension to complete a review by Rhode Island’s Coastal Resources Management Council (CRMC).

The developers, Copenhagen Infrastructure Partners and Avangrid Renewables LLC, already received additional time and wanted a seven-week extension to settle objections from fishermen and CRMC staff. The project is under pressure to get approved so that it can meet deadlines for financing and qualify for a federal tax credit.

At issue is the layout of the project. Fishermen want wide corridors, specifically a mile or wider oriented east to west. Current plans offer two 1-mile corridors, with only one running east to west. As an alternative, Vineyard Wind proposed using larger turbines with nearly 10 megawatts of capacity, thereby reducing the number of towers to 84 and shrinking the project’s footprint.

According to Vineyard Wind, the bigger turbines would be the largest available commercially, but pose risk to the project because they haven’t received design certification.

Vineyard Wind also offered to pay the fishermen for lost income. Details of the compensation proposal would be negotiated with fishermen and would consist of funds paid to boat owners and/or programs that support the commercial fishing industry. Vineyard Wind also offered to contribute to fisheries studies of the federal wind-energy zone.

CRMC said it was open to another extension but only after good-faith efforts were made with the Fishermen’s Advisory Board (FAB), a CRMC-affiliated committee.

Read the full story at ecoRI