NOAA is reviewing marine mammal 'takes' for Park City Wind. How you can have a say. - Cape Cod Times

NOAA eyes marine mammal 'takes' for Park City Wind. How to weigh in

NOAA is reviewing marine mammal 'takes' for Park City Wind. How you can have a say.
Heather McCarron

Even as Avangrid Renewables looks to make changes to its contract for its Park City Wind offshore wind farm, the National Oceanic and Atmospheric Administration is evaluating the project's potential for disturbing marine mammals in the lease area south of Martha's Vineyard.

NOAA Fisheries has opened a public comment period on the proposed incidental marine mammal "take" regulations related to the 804-megawatt Park City Wind project, planned for an area southwest of the now underway Vineyard Wind 1 project.

Park City Wind is proposed to land at Craigville Beach in Centerville, with power ultimately going to Connecticut. This spring, company executives voiced worries about the project's viability under its current contract because of various global and market conditions. This week Avangrid is in discussions with Connecticut officials about "ways to address the economic conditions impacting the project" and is continuing to advance the project.

According to NOAA Fisheries, the incidental "take" provisions, required under the Marine Mammal Protection Act, "would govern the 'take' of small numbers of marine mammals exposed to elevated underwater noise generated by the project’s activities over a five-year period." Under the act, "take" means "to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal," according to the NOAA.

"This regulatory action is part of NOAA’s ongoing work to ensure the nation’s deployment of offshore wind energy is done in a manner that avoids and minimizes impacts to protected resources and their habitats," according to the agency.

From the archive: Offshore wind projects face uncertainty with existing contracts. Cape Codders respond.

The "take" review acknowledges potential exists for marine mammals to be disturbed or harmed as a result of sounds and vibrations associated with wind turbine construction, including drilling, pile driving, and vessel movements. No fatal effects are expected.

How is a 'take' of marine mammals determined?

"Take" estimates, which approximate how many animals may be affected, are based on studies of average densities of different marine mammals that are observed in the area, taking into account seasonal variations, as well as the different sound sensitivities of the various species. They also consider how the mammals' prey may be affected.

"The process is rigorous, and approvals will only be granted if the NOAA Fisheries finds potential impacts to marine mammals would: Be of small numbers, have no more than a ' negligible impact' on marine mammal species or stocks, and not have an ' unmitigable adverse impact' on the availability of the species or stock for subsistence uses," the company said.

NOAA categorizes "takes" as either Level A and Level B. Level A is defined as "any act of pursuit, torment, or annoyance which has the potential to injure a marine mammal or marine mammal stock in the wild," while Level B is defined as activities that have the potential "to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of behavioral patterns," including such behaviors as migration, breathing, nursing, breeding, feeding, or sheltering, "but which does not have the potential to injure a marine mammal or marine mammal stock in the wild."

According to the company's application for Marine Mammal Protection Act rulemaking and associated letter of authorization, the majority of project activity would fall into Level B. Level A effects could be possible in the event any unexploded ordnance is found and cannot be dealt with in any other way than detonation. During World War II, the waters off Massachusetts were used for numerous naval exercises that released munitions into the ocean; the waters were also a dump site for unused explosives after the war.

Park City Wind says it intends to minimize disturbances

In compliance with federal requirements, Park City Wind plans to implement various measures to minimize disturbances to marine animals, including vessel strike avoidance measures such as strict speed restrictions, and bubble curtains to reduce sound levels in the ecosystem during construction, among other measures. Additionally, visual monitoring and reporting by trained third-party, independent protected species observers are performed and enforced during every stage of operations, the company said.

"Protection of marine mammals is of paramount importance to Avangrid," the company said. "The mitigation measures proposed for our project represent the best practices that have been put in place to date for the industry."

Take estimates vary according to species densities, decibel level, type and duration of the construction and other factors. There is no allowance for Level A effects on North Atlantic right whales, a critically endangered species. No work is scheduled during the time of year the whales migrate. If any right whales enter the area when work is happening, all work will stop until the whales have cleared the area.

Avagrid said the take estimates presented to NOAA "are based on highly conservative assumptions." Detailed take estimates are outlined online at www.tinyurl.com/parkcityincidentaltakes.

Preliminary determination has found a negligible impact

While the take estimates remain under review, "NOAA Fisheries has preliminarily determined authorizing the requested take would have a negligible impact on all affected marine mammal species and stocks," the agency noted in a statement.

As of June 26, two comments were posted to the agency, both opposed to giving any take authorization to the offshore wind developer. One argues there are "numerous studies" indicating harm to ocean life as the result of offshore wind construction activities. The other expresses concern about cumulative negative effects on marine life as the result of wind projects proposed, or already in development. The writer said it is "unacceptable" to add another challenge for marine animals on top of dangers they face from entanglements, vessel strikes, sand mining and electro-magnetic fields from submarine power cables.

The public comment period on the proposed take regulations for this project will remain open until July 10. To submit comments, visit tinyurl.com/pcmarinetakecomments

Heather McCarron writes about climate change, environment, energy, science and the natural world, in addition to news and features in Barnstable, Brewster and Falmouth Reach her at hmccarron@capecodonline.com, or follow her on Twitter @HMcCarron_CCT

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