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Fishing Industry Group Files Legal Challenge to Wind Farm

September 14, 2021 — A coalition of commercial fishing groups on Monday sued the federal agency that approved construction of a 62-turbine wind energy farm off the coast of the Massachusetts island of Nantucket, saying it did not adequately take into account the project’s potential impact on the industry.

The Responsible Offshore Development Alliance’s petition for review of the Bureau of Ocean Energy Management’s approval of the Vineyard Wind 1 project was filed with the 1st U.S. Circuit Court of Appeals in Boston.

“The Bureau of Ocean Energy Management’s hasty approval of this project, which could be the nation’s first commercial scale offshore wind installation, adds unacceptable risk to this sustainable industry without any effort to minimize unreasonable interference with traditional and well-managed seafood production and navigation,” the organization said in a statement.

The federal agency, in an emailed statement, said it had no comment.

A spokesperson for Vineyard Wind, a joint project of a Danish company and a U.S. subsidiary of the Spanish energy giant, Iberdrola, said the company dies not comment on pending litigation.

Read the full story from the Associated Press at US News and World Report

 

U.S. fishing group sues Biden administration over offshore wind project

September 13, 2021 — A U.S. fishing group on Monday sued the Biden administration over its approval of the huge Vineyard Wind offshore wind project off the East Coast, saying the government had failed to address industry concerns about its potential safety and environmental impacts.

The development is the latest in a string of clashes between the fishing industry and public and private efforts to create a new domestic renewable energy industry to help wean the economy off fossil fuels and combat climate change.

Fishing interests view offshore wind as a threat to catches of crucial stocks, including squid, scallops and clams, charging that towering wind turbines would interfere with navigation and alter habitats. If built, Vineyard Wind would be the nation’s first major offshore wind farm.

The Responsible Offshore Development Alliance, which advocates for fishing industry interests in offshore wind development, said it filed a brief petition in the 1st U.S. Circuit Court of Appeals in Boston. The petition asks the court to review the administration’s approval of the project.

Read the full story at Reuters

BOEM reaches out to RODA, acknowledges need to improve communication

August 16, 2021 — Four months after fishing industry leaders wrote a letter to the head of the U.S. Bureau of Ocean Energy Management about the then-pending decision on the Vineyard Wind project, the federal agency finally responded and agreed to work on improving communications between the two sides.

In a release, the Responsible Offshore Development Alliance (RODA) said it received the five-page letter from BOEM Director Amanda Lefton on Tuesday, 10 August. In that letter, Lefton acknowledged the industry’s “serious concerns” regarding the decision-making process on Vineyard Wind and whether fishing interests were being considered in the agency’s decisions on the permitting of other wind-turbine arrays along the U.S. East Coast.

Read the full story at Seafood Source

BOEM chief: We’ll work with fishermen on offshore wind plans

August 13, 2021 — The Bureau of Ocean Energy Management is working to expand and improve how it uses information from fishing communities in planning offshore wind energy development, BOEM Director Amanda Lefton says in a new letter to the Responsible Offshore Development Alliance.

The Aug. 10 letter came a few days after a public meeting with fishermen in New Bedford, Mass., the latest in the agency’s contentious relationship with the industry.

In the letter Lefton set a conciliatory tone with RODA, a coalition of fishing communities and advocates – while defending the agency’s efforts and promising to continue improvements.

“Since RODA’s founding, BOEM has been committed to collaborating with you and the fishing communities that your organization represents throughout the offshore wind leasing and development process, as well as through our environmental studies program,” wrote Lefton. “I look forward to continuing and enhancing that spirit of collaboration.”

The letter is a direct response to an April 6 document RODA submitted to the agency as part of public comment on the approval process for the 800-megawatt Vineyard Wind project off southern New England. Lefton cited that project as an example where the agency heard RODA’s recommendations, but ultimately came to a different conclusion.

“We recognize that your membership has serious concerns about the process and whether your input is being taken into account. We value the fishing communities’ input, give it serious consideration, and have incorporated it into many offshore wind decisions,” wrote Lefton.

Read the full story at National Fisherman

Fishermen Protest Upcoming Bid for Wind Farms in New York Bight

August 11, 2021 — With the U.S. Bureau of Ocean Energy Management preparing to open more lease areas on the Continental Shelf to wind farm developers by the end of the month, the fourth and last meeting between fishermen and BOEM officials took place Aug. 6 in New Bedford, Mass. with fishermen calling for a halt to leasing until more science on potential environmental impacts could be completed.

The comment period on the proposed sale of six lease areas in the New York Bight ends Aug. 13; then the BOEM will take some time to prepare the auction details before holding an auction late this year.

The New York Bight is a triangle in the ocean between Montauk Point at the end of Long Island and Cape May at the southern tip of New Jersey. A total of eight leases will be for sale there. The larger portion of the lease area is located 35 miles off New Jersey and can’t be seen from shore, but it does pose hazards for fishing ships transiting the area and impacts the quahog, surf clam, squid and scallop fisheries.

BOEM representatives included Director Amanda Lefton, New York Bight Project Coordinator Luke Feinberg and marine biologist Brian Hooker.

Patrick Field, managing director of Consensus Building Institute, was the moderator and led off with what BOEM has heard from the fishing community so far: offshore wind energy is happening at an accelerated pace; commercial fishermen are concerned for their livelihood and the ecosystem; there’s a need for corridors for fishing within wind farms, as well as a semi-annual report on progress plus a way for commercial fishermen to voice concerns during the development of the wind farms; and finally, there needs to be accountability of BOEM and the developers.

Blair Bailey, an attorney for the Port of New Bedford, Mass., said, “Engagement is an important feature, but it can’t be based on the premise that there is no opposition. We have continually said that it is difficult for the scallop industry to fish within wind farms, and we feel we’ve been completely ignored. … Look around the world – there is not one place where you see scallop fishing in wind farms. It’s different fishing gear. Developers should be prepared for real conflicts.”

Annie Hawkins, executive director of the Responsible Offshore Development Alliance, said the federal government has done nothing to address the safety of fishermen transiting the proposed wind farms or to protect key habitats of clams, scallops and squid. “Collaboration between fishermen and government agencies has been futile. … The process must be driven by fishermen.”

Read the full story at The Sand Paper

BOEM, states discuss compensation for fishing lost to offshore wind

July 29, 2021 — The federal Bureau of Ocean Energy Management is working with coastal states to come up with plans for potentially compensating fishermen for lost fishing grounds and other negative effects of developing offshore wind turbine arrays.

But details are murky, according to one fisheries advocacy group that says fishermen should already be involved in that planning.

Reuters reported July 27 that officials in the federal Bureau of Ocean Energy Management who are driving offshore wind planning are talking about compensatory payments for displaced fishermen.

That was news to Annie Hawkins, executive director of the Responsible Offshore Development Alliance, a coalition of fishing groups and coastal communities.

The only direct knowledge her group’s executive committee got was in an informal conference call with BOEM administrator Amanda Lefton and her staff, Hawkins said Wednesday. Lefton mentioned that her agency would be working with state government officials to explore “compensatory mitigation” for fishermen forced out of work by wind farm development, and would begin scheduling meetings for that effort.

Read the full story at National Fisherman

CALIFORNIA: Local fishing voices are left out of offshore wind discussions

July 16, 2021 — The waters off the shore of Morro Bay have been the focal point of a potential wind farm development site since 2015.

Between 2015 and 2017, a state intergovernmental task force that evaluated offshore wind power for the state of California was established, and its members included the Bureau of Ocean Energy Management (BOEM), the Morro Bay mayor and a City Council member, and regional state representatives. However, the fishing industry was largely left out.

At the time, the community engaged with the task force through public hearings to learn about the project’s blueprints—although its potential impacts weren’t shared. The project was halted in 2018 because the then-designated area conflicted with naval operations.

Public conversations about offshore wind regained steam in 2021 for two reasons. U.S. Rep. Salud Carbajal (D-Santa Barbara) led an effort to work with the U.S. Department of Defense to reduce the project development area to 399 square miles—enough to produce 3 gigawatts of energy. Morro Bay Commercial Fishermen’s Organization President Tom Hafer said he believes there’s also a renewed interest in this type of energy generating project because of the new presidential administration.

Castle Wind has engaged with organizations and leaders within the fishing community, but there’s no guarantee that it will be the project developer. Annie Hawkins, executive director for the Responsible Offshore Development Alliance (RODA), said that proactive engagement is needed from all agencies involved.

RODA was established and worked on the East Coast because there were concerns about the exclusion of fishing voices during offshore wind project discussions. Their first project was Block Island off the coast of Rhode Island, which is a five-turbine wind farm.

Read the full story at The New Times

NOAA grants $155,000 to examine floating offshore wind and fishing

July 16, 2021 — The Responsible Offshore Development Alliance has another grant from the federal government to bring experts together on how the big push for developing offshore wind power will affect U.S. fisheries.

The latest $155,000 award from the National Oceanic and Atmospheric Administration will fund a second “Synthesis of the Science” symposium, this time on how floating offshore wind turbine may interact with fisheries.

It follows on a $150,000 grant the agency awarded to RODA – a coalition of commercial fishing groups and communities – in 2020 to conduct a first-of-its-kind symposium on the current science regarding fisheries and offshore wind interactions.

RODA says the next session will focus specifically on floating wind turbines – now foreseen as the offshore wind industry’s future frontier for waters beyond the shallow outer continental shelf.

Maine state energy planners see huge potential power coming from the windswept Gulf of Maine, and propose a test area for floating turbines anchored in deep water. Maine has started planning to apply for a lease from the federal Bureau of Ocean Energy Management for that project.

Meanwhile BOEM is working closely with the administration of California Gov. Gavin Newsom to plan floating turbine arrays off the West Coast.

Read the full story at National Fisherman

Fishing Industry Feels Stranded As Offshore Wind Gathers Momentum

July 6, 2021 — On a clear morning in early June, cotton sacks filled with shucked scallops hit the scale at Gambardella’s dockside warehouse in Stonington, Connecticut. They’re being offloaded from the Furious, a scallop boat just back from a 12-day trip.

Owner and longtime fisherman Joe Gilbert runs four scallop boats out of this dock. Up in the wheelhouse of the Furious, he indicated on a chart where in the future, this same trip might be a lot more difficult to navigate.

“This entire area here is slated to be a wind farm,” he said. “It’s an area larger than the state of Rhode Island.”

In its pursuit of green energy, the Biden administration has given strong backing to the nascent offshore wind industry in the U.S. While Europe has 20 years of experience developing offshore wind, it’s relatively new in North America.

Last month saw the final approval for the very first commercial-scale project, Vineyard Wind, off the coast of Massachusetts — just one of 14 projects being considered off the Atlantic coast.

But these aren’t empty seas. Plenty of other ocean users have concerns about the massive steel turbines being erected offshore, not least commercial fishing, which is a multimillion-dollar industry in New England.

The Responsible Offshore Development Alliance has taken the lead in advocating for the fishing industry. Its major concern is that fishing vessels could strike one of the massive wind farm turbines in bad weather. In addition, the spinning blades interfere with the radar vessels use to find their catch. And fishermen like Gilbert worry that the structures will alter the ocean ecosystem as they change current patterns and cause formerly distinct layers of water to mix.

“We’re racing forward without the proper science to evaluate if this is good or if this is bad,” said Gilbert.

Read the full story at WNPR

Offshore Wind Farms Show What Biden’s Climate Plan Is Up Against

June 7, 2021 — A constellation of 5,400 offshore wind turbines meet a growing portion of Europe’s energy needs. The United States has exactly seven.

With more than 90,000 miles of coastline, the country has plenty of places to plunk down turbines. But legal, environmental and economic obstacles and even vanity have stood in the way.

President Biden wants to catch up fast — in fact, his targets for reducing greenhouse gas emissions depend on that happening. Yet problems abound, including a shortage of boats big enough to haul the huge equipment to sea, fishermen worried about their livelihoods and wealthy people who fear that the turbines will mar the pristine views from their waterfront mansions. There’s even a century-old, politically fraught federal law, known as the Jones Act, that blocks wind farm developers from using American ports to launch foreign construction vessels.

Annie Hawkins, executive director of the Responsible Offshore Development Alliance, which includes hundreds of fishing groups and companies, worries that the government is failing to scrutinize proposals and adequately plan.

“What they’re doing is saying, ‘Let’s take this thing we’ve really never done here, go all in, objectors be damned,’” Ms. Hawkins said. “Coming from a fisheries perspective, we know there is going to be a massive-scale displacement. You can’t just go fish somewhere else.”

Fishing groups point to recent problems in Europe to justify their concerns. Orsted, the world’s largest offshore wind developer, for example, has sought a court injunction to keep fishermen and their equipment out of an area of the North Sea set for new turbines while it studies the area.

Orsted said that it had tried to “work collaboratively with fishermen” but that it had sought the order because its work was complicated by gear left in the area by a fisherman it could not identify. “To safely conduct the survey work and only as a last resort, we were left with no choice but to secure the right to remove this gear,” the company said in a statement.

When developers first applied in 2001 for a permit for Cape Wind, a project between Cape Cod, Martha’s Vineyard and Nantucket, resistance was fierce. Opponents included Senator Edward M. Kennedy, the Massachusetts Democrat who died in 2009, and William I. Koch, an industrialist.

Read the full story at The New York Times

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