Offshore Wind Worldwide Regulatory Framework in Selected Countries 5th Edition 2024 - Flipbook - Page 361
Offshore Wind Worldwide 2024
require compliance with MMPA.41
Offshore wind developments include a
number of activities that can affect marine
mammals, during both development and
operation of a facility.42 Both noise and
vessel traffic might adversely affect animal
behavior.43 The U.S. Coast Guard and BOEM
are responsible for navigational safety and
for mitigating vessel-strikes.44 Other threats
to marine animals include direct or indirect
effects of marine debris, proliferation of
non-native species, and degradation of
water quality.45
An offshore wind facility can apply for an
“incidental take” authorization, under Section 101(a)(5) of the MMPA. If NOAA finds
that the offshore wind activity will have a
negligible impact on marine animals, it will
issue an authorization within certain limits,
considering the impact and duration of the
activity.46
Impacts that will last for more than a year
and other serious impacts require a Letter of
Authorization that can extend for up to five
years.47
Recent focus in the Atlantic has been on the
361
North Atlantic Right Whale, with recent estimates being that fewer than 350 remain.48
Developers along with federal regulators are
taking careful measures to ensure that there
is not harmful take of this protected species.
Careful considerations of project siting and
layouts to minimize any impacts are also an
area of focus.
D. National Historic Preservation Act
The NHPA requires that BOEM evaluate how
an offshore wind project impacts historic
properties. This assessment is conducted
by BOEM in consultation with state and
tribal historic preservation officers, along
with review by the federal Advisory Council of Historic Preservation. The analysis
determines the scope of review (i.e., the area
of potential effect of the project), and the
identification of historic properties that are
impacted by the project, which typically are
historic properties located onshore in view
of the project. In addition, tribal governments may have cultural values associated
with areas impacted by the project and
must be consulted. It there are adverse
effects to historic properties, then BOEM
must undertake measures to mitigate those
impacts. The process of determining the
effects and mitigation measures is called
41 Id.
42 Conducting surveys, installing a foundation and cables, and decommissioning units, are all activities that could cause underwater noise that harms marine species. https://www.boem.gov/sites/default/files/renewable-energy-program/Final-Summary-Report-for-BMP-Workshop-BOEM-2018-015-%281%29.
pdf.
43 Id.
44 Id.
45 Id.
46 https://www.boem.gov/sites/default/files/renewable-energy-program/Day-1_Morning_Carduner_-MMPA-ITA-presentation_BOEM-workshop_3.07.17.
pdf.
47 https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.
48 North Atlantic Right Whale | NOAA Fisheries.
