Saving Seafood

RHODE ISLAND: As Commerce Secretary, Raimondo to play key role in offshore wind

January 19, 2021 — In the selection of Gina Raimondo as the next U.S. Secretary of Commerce, the offshore wind industry would get a champion in Washington.

What influence she could bring to bear for the emerging energy sector remains to be seen, but if confirmed to her new position in the Biden cabinet, Raimondo would oversee federal fisheries regulators who have raised some of the concerns about potential negative impacts of erecting what could be many hundreds of wind turbines in the ocean waters off southern New England.

It’s those concerns that have played a major role in delaying the approval process for the first set of large wind farms proposed in the nation.

The Bureau of Ocean Energy Management, an arm of the Department of the Interior, has permitting authority over the multibillion-dollar projects, which are all planned for the Atlantic Ocean waters off Rhode Island and Massachusetts. But both federal fisheries management and coastal zone management are under the aegis of the National Oceanic and Atmospheric Administration, which is part of the Department of Commerce.

“I think it’s fantastic to have someone that does have experience with offshore wind and knows the extent of the conflicts,” said Annie Hawkins, executive director of the Responsible Offshore Development Alliance, a group representing fishing interests in the development of offshore wind. “She understands coastal communities and their concerns. I think there is a real opportunity here.”

Read the full story at the Providence Journal

After Trump administration moves to pull plug, Vineyard Wind looks to Biden

December 16, 2020 — Vineyard Wind’s request for “a temporary pause” in the federal review of its 800-megawatt offshore wind energy project triggered an announcement from the Department of Interior that it must restart its entire permit application process.

In a flurry of activity by the outgoing Trump administration, the head of the Interior Department’s legal staff, solicitor Daniel H. Jorjani on Tuesday issued new guidance stressing that if Interior Secretary David Bernhardt “determines that either fishing or vessel transit constitute ‘reasonable uses…of the exclusive economic zone, the high seas and the territorial sea,’ the Secretary has a duty to prevent interference with that use.”

The 16-page memo asserts the secretary of Interior should determine “what is unreasonable” interference from offshore wind turbines “based on the perspective of the fishing user.” It’s a victory for commercial fishing advocates including the Responsible Offshore Development Alliance and Fisheries Survival Fund, who went directly to Bernhardt in July with complaints their concerns are not adequately addressed by the Bureau of Ocean Energy.

The agency had been poised to issue a record of decision Jan. 15 that would allow Vineyard Wind to proceed toward construction – a timeline that now could stretch out another 18 months, unless a Biden administration very supportive of wind energy steps in.

Read the full story at National Fisherman

Recent Events Offer Promise for Protection of Sustainable Domestic Fishing

December 15, 2020– The following was released by the Responsible Offshore Development Alliance:

Three significant positive developments affecting fisheries and offshore wind have occurred since Friday. The Responsible Offshore Development Alliance (RODA) has worked on these issues to ensure the safety and continued viability of our U.S. domestic fisheries, our coastal communities, and seafood consumers in light of offshore wind energy development. These wins were not achieved through high-powered lobbying or well-financed campaigns, but rather by expressing a clear and consistent message based in science and fact, making reasonable requests, and working diligently with elected and appointed officials in the Administration, both parties in Congress, career agency officials, and a multitude of state and private sector entities.

It is reassuring to see reason and logic prevail in government decisions. In addition to the many officials who contributed to these outcomes, we are immensely thankful for the efforts made by our own members, by others in the fishing industry and its advocates, and by those conscientious members of the offshore wind industry.

The Jones Act

What happened: On Friday, the Senate passed the 2021 National Defense Authorization Act that included a version of the “Garamendi Amendment,” which clarifies that all federal laws–including the Jones Act–apply to “all installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources, including non-mineral energy resources.” President Trump has threatened to veto the NDAA bill, but it is considered to have a veto-proof majority in Congress.

What It Means: A frequently cited benefit of the development of offshore wind energy has been domestic job creation. But the fact is that developers have planned to survey and construct early projects using vessels, equipment, and crew from abroad, with a longer term goal of building out a U.S. supply chain. RODA has submitted comment letters and raised attention to the Jones Act’s application to the offshore wind industry to date, which differed from all other ocean activities. This new statutory language means that many of those contracts and project plans will need to be revised to use U.S. vessels and crew from the start, consistent with all other U.S. industries. Currently, there are no Jones Act qualified vessels that can transport or install offshore wind turbines. Getting the investments required to build them may be challenging, and getting installation vessels in the water will take time. However, ensuring that any economic benefits generated by offshore wind energy accrue to our manufacturers and local communities is the right thing to do.

BOEM Vineyard Wind decision

What happened: The Department of Interior has announced that the preparation of an Environmental Impact Statement for the Vineyard Wind project is no longer necessary, and the process is terminated effective immediately. In plain English, this means the federal permitting process for the Vineyard Wind project is canceled. This news will become “official” in the Federal Register on December 16th.

What it means: On December 3, just a week before a final Environmental Impact Statement of its project was to be published in the Federal Register, Vineyard Wind announced that it had “decided to temporarily withdraw its Construction and Operations Plan (COP) from further review by the Bureau of Ocean Energy Management (BOEM).”  BOEM responded by effectively stating that there is no “pause” option in the regulations, and accordingly “there is no longer a proposal for a major federal action awaiting technical and environmental review, nor is there a decision pending before BOEM,” and the process is “terminated.” RODA and local fishing interests repeatedly requested that Vineyard Wind, neighboring wind leaseholders, the states, BOEM, and USCG modify project designs to lessen impacts to the fishing industry. This led to a re-orientation of planned turbine rows in the dominant fishing direction, but other critical issues such as the addition of transit lanes for the safety of ocean-going fishing vessels were ignored. Now, Vineyard Wind will need to re-apply for its project, but the new timeline may not match supply contracts or the power purchase agreement with Massachusetts.

Department of the Interior internal legal memorandum

What happened: The Department of the Interior (DOI) issued an internal legal memorandum interpreting its statutory mandate to prevent offshore wind energy’s interference with fishing. Previous DOI guidance on the statutory language, which requires “prevention of interference with reasonable uses [including fishing] of the exclusive economic zone, the high seas, and the territorial seas,” indicated that offshore renewable energy projects could not interfere with the legal right to fish. This new memo explicitly changes that guidance, saying “[n]owhere does the statute indicate that the Secretary is only to prevent interference with the legal right to navigate or fish in an area. It is the Secretary’s job to provide for the prevention of interference with those uses.” In short, it states: (1) That the Secretary must ensure that offshore wind energy projects do not unreasonably interfere with fishing operations; (2) That fishermen’s perspectives are part of what determine whether interference is unreasonable; (3) That such interference is considered on a cumulative instead of project-specific level; and (4) If in question it must err on the side of less interference rather than more.

What It Means: This fundamentally shifts the balance of interests toward fishing, a critical provider of food security and low-carbon footprint protein, over offshore wind energy. Under previous guidance the presumption was that wind energy development should take precedence, and proceed in accordance with what developers determined to be optimal, and fishing interests would need to adjust. While a future Administration could revoke or refine the memorandum, it presents a solid legal argument for challenging any such action.

What does the future hold?

These three recent events create a better opportunity for a future in which the interests of all reasonable users of the seas can coexist.

When the 2021 National Defense Authorization Act becomes law, and projects must comply with the Jones Act, this will create a delay in the timeline for construction. It is crucial that the incoming Administration and interested states use that time to invest in science and research to understand—and ultimately minimize—environmental and economic impacts.

  • We need to start collecting robust baseline data immediately in all places where offshore wind projects may be considered in the future.
  • We need to retool our fisheries and protected resource monitoring protocols so important ecological data that forms the basis of fisheries management is not disrupted.
  • We need to understand the environmental impacts that have occurred from rapid large-scale development of offshore wind in places like Europe, which the European Parliament is currently reviewing and finding are largely unknown and possibly much greater than anticipated.
  • We need to understand the variations between the ocean and atmospheric environments of the European installations, and significantly different environments of U.S. federal waters, which are unique and contain some of the most productive and ecologically complex benthic environments in the world.
  • We need to much better understand the economic interactions between the two industries so we can preserve and promote traditional, historic, and sustainable fishing, while also identifying any possible economic opportunities that may arise for fishing communities from offshore wind energy production when it arrives in the future.
  • We need to continue to improve offshore wind energy and other renewable technology, including turbine and cable recycling methods, so that we can thoughtfully and quickly reduce carbon emissions while avoiding serious adverse environmental consequences associated with the large land use and materials needs of current technology.
  • We need to prioritize development of regional transmission systems to minimize the amount of structure that is ultimately placed in the water and on or under the seabed.
  • We need to build better relationships between fishermen, offshore wind energy developers, states, and federal managers so that information is effectively communicated and innovative solutions can be identified.
  • We need to develop decommissioning plans for when offshore wind leases are over that properly mitigate long-term environmental impacts and restore impacted habitats so we don’t create permanent steel graveyards in the ocean.

Most importantly, now that we’ve witnessed a project’s plans collapse due to failure to minimize fisheries impacts, we must work together to improve our planning process — as we in the fishing industry have been requesting for over a decade. Fishermen must be at the table and play a meaningful role in project siting and design. Ways to minimize and mitigate impacts must be identified up front and fully incorporated into all project plans. Although a handful of states and developers have made strong efforts to operate this way, it has never been done effectively on the correct spatial scale. In fact, we need to create new public, transparent, and inclusive regional processes that fully incorporate fisheries science and operational knowledge.

The need for a new planning process has been recognized by fishing interests and by offshore wind energy advocates. This was most recently clearly stated in a December 11th interview by Jeffrey Grybowski, the former CEO of Deepwater Wind, which was acquired by Ørsted in 2019.

“Obviously there are fishing groups in the Northeast that have raised really significant concerns. Those concerns can be addressed, but I also acknowledge they were real concerns. I don’t think anyone is suggesting their concerns should’ve been dismissed and projects just should have been approved.”

Mr. Grybowski went on to note that the problems with Vineyard Wind were not due to political bias.

“…some have said Vineyard Wind’s permit delays are due to some kind of anti-renewable bias within the administration. I disagree with the idea that — I think that view diminishes the nuance and complexity of what we’re all doing. New lease areas are complicated. There are stakeholders out there in favor of new lease areas. And so to simply blame everything on a political viewpoint understates the nuance and complexity of what we’re trying to do.”

The need for change has now been made clear by officials on both sides of the political aisle. Speaking at his annual climate change conference, Senator Sheldon Whitehouse (D-RI) stated

“Right from the very get-go, even before the filing … it should be a requirement of the filing to bring a statement of what work you’ve done with the fishing community, what their concerns have been. … Developers shouldn’t just get to go out there, cut a private deal with their funders, their investors, and then put their stamp down in the public ocean as if they owned it.”

These recent developments will significantly shift the discourse around offshore wind and fisheries to make sure fishermen’s needs and knowledge are afforded greater priority. Taken together, they offer a significant opportunity to fix the broken offshore wind energy planning process. Regardless of political or industry affiliation, we must now work together to properly balance uses of the ocean commons and maintain sustainable fishing practices.

Vineyard Wind project stalls, Maine begins information meetings on its own wind project

December 15, 2020 — The Vineyard Wind project, a proposed 800-megawatt offshore wind energy installation, has been stalled as the company – Vineyard Wind LLC – withdrew its construction and operations plan from review by the Bureau of Ocean and Energy Management (BOEM), on 1 December, effectively halting the project’s progress.

The withdrawal, announced in a letter to be published in the Federal Register on 16 December, is a win for the region’s fishing industry, which has objected to the project in addition to other proposed projects in the New England area. Fishermen have been worried about the proposed wind projects for years, and two groups representing fisheries in the region – the Fisheries Survival Fund and the Responsible Offshore Development Alliance (RODA) – have made layout suggestions, requested revisions to an earlier Environmental Impact Statement (EIS), and have pushed for a pause on development amid the challenges posed by the COVID-19 pandemic.

Read the full story at Seafood Source

RODA Workshop Brings Together Wind Energy Stakeholders for Science Workshop

December 3, 2020 — The following was released by the Responsible Offshore Development Alliance:

In October, the Responsible Offshore Development Alliance (RODA) brought together fishermen, state and federal agency representatives, wind energy developers, and others to participate in a three-day workshop: Synthesis of the Science: Fisheries and Offshore Wind Development. The workshop kicked off the collaborative project, which provides a forum for research and knowledge sharing between the fishing industry, offshore wind industry, federal and state agencies, and the public.

RODA received funding from the National Marine Fisheries Service (NMFS) for the project, which consists of two integrated components, a virtual workshop and a published report. These components have the overarching purpose of enhancing regional and national understanding of existing science and data gaps related to offshore wind energy interactions with fish and fisheries.

Together, RODA, NMFS and the Bureau of Ocean Energy Management (BOEM) partnered on this project. Through a collaborative process co-designed by fishermen, wind developers, and state, academic, and federal partners, this effort advances the Responsible Offshore Science Alliance’s (ROSA) regional science efforts by describing the current state of science, existing research and monitoring programs, and data gaps, and soliciting input regarding priority research questions.

Over 560 participants attended the virtual workshop from all around the world. Speakers from across the US, UK and Europe presented the state of play for the disciplines that had been identified by the planning team, including physical and benthic habitat, oceanography processes, biological and ecological interactions, socio-economics, impacts to fisheries monitoring and data collection, management and cumulative impacts. To gather expertise and input from participants, breakout sessions provided an opportunity for small group discussions on specific issue areas.

“With the speed in which offshore wind projects are moving and the depth of science that is required to safely operate within wind energy areas and to preserve our valuable ecosystems, the Synthesis of Science workshop will prove to be invaluable as we move forward,” said Guy Simmons, Sea Watch International’s Senior VP of marketing, product development, fisheries science & government relations. “The virtual workshop and the whitepaper to follow will give us a road map of what we know, what we do not know and what we must know. We commend the great effort put forth by the organizing committee, and appreciate the National Marine Fisheries Service for seeing the need and providing funding, along with BOEM, for the event.”

Agency leadership, including Chris Oliver, Assistant Administrator for NMFS, and Walter Cruickshank, Acting Director of BOEM, gave remarks in support of the effort and encouraged the continued collaborative effort between the offshore wind and fishing industries. Agency chief science advisors and the director from the Northeast Fisheries Science Center (NEFSC) – Dr. Rodney Cluck (BOEM), Dr. Cisco Werner (NMFS), and Dr. Jon Hare (NEFSC) – also provided keynote remarks and even tested attendees’ fisheries trivia knowledge to start the meeting.

The success of the Synthesis of the Science project hinges upon identifying and prioritizing impacts to fisheries and the fishing industry when considering implications of offshore wind development. This is the most comprehensive effort to date to convene fisheries scientists and industry experts on the topic of offshore wind energy, and the widespread interest and active participation in the projects indicates the need for continued engagement.

“I had the good fortune to attend the Synthesis of the Science workshop and found it extremely informative,” Richard Ogg, owner of the F/V Karen Jeanne, based out of Bodgea Bay, California. “I could interact during the breakout sessions, ask questions, and leave with a clearer understanding of offshore wind generation.”

Contributing authors to the synthesis report are working with the planning team to synthesize the input provided during the workshop and fill in specifics from existing and ongoing research. Outcomes from the workshop and report will be used by the ROSA advisory council and research advisors to help determine the organization’s path
forward.

Recordings of the plenary presentations and other materials are available on the RODA website.

Expo News: Static electricity

November 17, 2020 — The fledgling U.S. offshore wind industry is gathering critical mass in southern New England, where a forthcoming environmental assessment of the 800-megawatt Vineyard Wind plan could determine how it and a dozen other East Coast projects might proceed.

Fishermen in the Northeast fleets, heirs to a 400-year New England industry, are deeply engaged on scientific, political and legal fronts, trying to slow what they see as federal and state governments overenthusiastic about granting wind developers chunks of the outer continental shelf.

In June 2018, East Coast fishing industry leaders organized the Responsible Offshore Development Alliance to represent fishermen’s interests to the wind industry and government regulators. Annie Hawkins, RODA’s executive director, says fishermen on every coast need to get involved.

“Just because the current projects are not located in your area doesn’t mean they won’t affect you,” Hawkins wrote in a July 2 commentary in NF. “A relatively small group of developers own the leases, and the federal permitting process is being tested and tweaked in real time.

Read the full story at National Fisherman

Making Waves: Offshore Wind and Commercial Fishing

November 17, 2020 — Join NF editors Kirk Moore and Jessica Hathaway for a discussion on the future of offshore wind power with panelists Annie Hawkins, executive director of the Responsible Offshore Development Alliance in Washington, D.C.; Mike Conroy, executive director of the Pacific Coast Federation of Fishermen’s Associations in San Francisco; and Bonnie Brady, executive director of the Long Island Commercial Fishing Association; Montauk, N.Y.

Ask questions for the panel in our Member Forum — details below the video.

We will be talking about the latest developments with proposed wind energy projects off the East Coast — and how soon those proposals will come to the West Coast. Topics include the upcoming federal environmental impact statement on the cumulative impacts of Vineyard Wind and other East Coast projects; the status of wind energy planning off the West Coast; the state of relations and communications between fishermen and the wind industry; and fishermen’s concerns with safety and adequate vessel traffic lanes between turbines.

Bonnie Brady: “It’s really important for fishermen to lock arms and work together before they get run over by these things on their historic fishing grounds.”

Read the full story at National Fisherman

Fishing industry group casts doubt on offshore wind’s job creation promises

October 12, 2020 — While offshore wind developers are promising tens of thousands of U.S. jobs from wind farm development along the East Coast over the next decade, the commercial fishing industry is sowing doubt about the projections.

An economic analysis commissioned by the Responsible Offshore Development Alliance, a fishing industry coalition, concludes that “a surprisingly low” number of new positions will be permanent, and that the bulk of jobs will be created overseas.

“The claim that the huge investments on offshore wind would provide significant job and economic benefits in the U.S. has been grossly inflated,” wrote the report’s author, Janet Liang, an economist with Georgetown Economic Services, a consulting firm.

Wind industry representatives are not convinced by the findings, however. So long as Eastern Seaboard states can provide sufficient training to help businesses and workers capitalize on wind industry opportunities, the economic benefit is bound to be substantial, said Liz Burdock, chief executive and president of the Business Network for Offshore Wind.

Read the full story at the Energy News Network

Nearly 50 Fishing Industry Leaders Call For More Funding For NMFS And Other Changes To OFFSHORE Act

September 29, 2020 — The following was released by the Responsible Offshore Development Alliance:

48 fishing industry leaders representing fishing organizations from across the country submitted a letter yesterday to the Senate Committee on Energy and Natural Resources recommending improvements to the OFFSHORE Act. These proposed changes would ensure that research and mitigation funds are properly directed and efficiently used, and that federal labor standards are applied consistently to offshore development activities.

The OFFSHORE Act, officially the Opening Federal Financial Sharing to Heighten Opportunities for Renewable Energy Act of 2020, would make several changes to how offshore wind construction is conducted and how research funds are allocated. It would allocate a large portion of offshore wind lease sales to state governments, and allocate some to the National Oceans and Coastal Security Fund for research grants. It would also extend provisions of the Jones Act to require offshore wind developers to use American labor for production activities.

In their letter, the industry leaders called on the Senate to direct OFFSHORE Act funding to the National Marine Fisheries Service (NMFS) to “conduct research, planning and environmental review, and fisheries monitoring.” Fully funding NMFS is “the highest research funding priority for any bill addressing [offshore wind],” they wrote, because NMFS has the expertise to contribute to the development process, but faces potentially severe disruptions to its work and currently lacks the resources to keep pace with new developments. These disruptions include a loss of access for its survey efforts, which rely on low levels of scientific uncertainty to accurately inform stock assessments and sustainable fisheries catch levels. NMFS also has the unique ability to conduct cooperative research, which is key to ensuring inclusivity among fishery and regional stakeholders.

Read the full release here

RODA: Offshore Wind Report Indicates ‘Major Fundamental Flaws’ in Process

August 3, 2020 — The following was released by the Responsible Offshore Development Alliance:

The Bureau of Ocean Energy Management’s (BOEM) latest report on offshore wind “highlights the severity of impacts to fishing resources, businesses, and communities” and indicates “major fundamental flaws” in the offshore wind planning process, according to new public comments from the Responsible Offshore Development Alliance (RODA). Deficiencies in the report also reveal an unacceptable level of uncertainty and risk from a large-scale new ocean use.

RODA’s comments responded to BOEM’s supplement to the draft environmental impact statement (SEIS) for Vineyard Wind’s proposed 800-megawatt offshore wind project in federal waters off the coast of Massachusetts. In the SEIS, BOEM found that “major cumulative effects could occur on commercial fisheries” from East Coast offshore wind development in the coming years.

“We need to be thinking about the long-term impacts on our coastal communities and marine ecosystems, and right now there are too many red flags and unknowns,” said Annie Hawkins, RODA’s executive director. “Unfortunately this is the result of a collective failure to plan in a way that accommodates both fishing and renewable energy, and to invest in sound research and conflict resolution before the very latest stages of project review. The SEIS was a welcome step, but if it serves as the basis for greenlighting 2000 of the world’s largest turbines over 1400 square miles of unique ocean habitat, we’ll be embarking on one of the biggest socio-ecological experiments in history.”

Offshore wind planning has been fundamentally flawed, RODA wrote, and for fishermen, fisheries scientists, and managers “it is nothing short of chaotic.” While the SEIS partially evaluated fishing impacts, the most important decisions have already been made at the state- and project-level, making it difficult for BOEM to fairly weigh ocean uses, or ensure adequate ecological safeguards, on a geographically-appropriate scale. Fisheries experts have expressed for nearly a decade that the leasing process systematically ignores their environmental concerns until the final permitting phases. Without this important expertise, it is not surprising to see how much conflict and uncertainty remains, RODA wrote.

Transit lanes, the creation of a comprehensive mitigation plan, environmental impacts, and domestic job creation are among the other issues that still need to be resolved if offshore wind is to move forward, according to RODA’s comments.

Fishermen have long maintained that for most fisheries and gear types in the Vineyard Wind area, spacing turbines in a grid 1×1 nautical miles apart is too narrow to operate, making viable and safe transit lanes through the turbine arrays extremely important in the project design. RODA also questioned BOEM’s reliance on the Coast Guard’s Massachusetts and Rhode Island Port Access Route Study analysis of transit lanes, which RODA previously criticized for containing “serious errors.”

RODA prefers that mitigation efforts focus on avoiding and minimizing impacts on fisheries, before resorting to direct compensation. Fishermen aim to preserve healthy ecosystems and continue fishing for their livelihoods, rather than be paid for damages. Unfortunately, avoiding and minimizing impacts are not currently prioritized in the process, and current compensatory mitigation is insufficient and must be revised with direct input from the fishing industry.

There are also “major flaws” with the current understanding of offshore wind’s impacts on the outer continental shelf ecosystem, RODA wrote. These flaws include insufficient data against which to measure impacts, and a lack of time to evaluate impacts before further projects move forward. The comments also cited a recent Science Center for Marine Fisheries review which concluded the SEIS paid “insufficient attention” to overall wind impacts, including the overall scope and scale of impacts on fisheries surveys and on the critical but ecologically sensitive Mid-Atlantic Cold Pool phenomenon.

Should the Vineyard Wind project move forward despite the largely unaddressed major cumulative impacts to commercial fishing, RODA maintains that BOEM’s final EIS must re-do the mitigation plan to be complete and equitable, make Vineyard Wind a study site for radar interference, adopt adequate transit lanes for fishing, increase investment in research, implement the recommendations of NOAA’s Marine Fisheries Advisory Committee, require enhanced interstate coordination, and put fishermen at the table for all decisions and planning going forward.

RODA represents fishing industry associations and companies dedicated to improving the compatibility of offshore developments with their businesses. RODA’s approximately 170 members represent every Atlantic coastal state from North Carolina to Maine, and Pacific coast members in California, Oregon and Washington.