Page 27: of Maritime Reporter Magazine (August 2019)

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Tom Ewing

Tom Ewing is a freelance writer specializing in energy and environmental topics. He has been a regular contributor to New Wave

Media publications for the past two years. He has extensive experience working on legislative and public policy issues, both at the state and federal levels.

Regulatory “Takes” – Take a Close Look n April 30 the National Oce- the coastline of Martha’s Vineyard. This within this regulatory specialty. It can with ocean energy projects, such as oil anic and Atmospheric Ad- would be the ? rst large-scale, ocean- mean anything from killing or wounding and gas, these are not new concepts and ministration (NOAA) pub- based US wind energy project, consist- an animal to “harassment” – of which regulatory demands. The MMPA was

Olished a notice, requesting ing of up to 100 wind turbine generators there are two Levels – A and B. Level passed in 1972 and updated over the last public comments, on a proposed “inci- (WTG), an onshore substation, offshore A harassment has the potential to cause 47 years.

dental harassment authorization” (IHA). and onshore cabling and onshore opera- injuries; Level B has the potential to Along the Atlantic, however, there

An IHA is a legal and enforceable docu- tions and maintenance facilities. Water disturb, but not directly injure, a ma- is no ocean-based energy construction ment presenting the terms and condi- depths are between 37-49.5 meters (121- rine mammal or stock, e.g., migration, industry comparable to, say, the Gulf tions with which a company must adhere 162 feet). breathing, nursing, breeding, feeding, or Coast. For many east coast maritime in order to protect wildlife. In this case, An IHA is required by the Marine sheltering. Vineyard Wind, and National companies curious about bidding on off- the draft IHA was for Vineyard Wind, the Mammal Protection Act (MMPA) be- Marine Fisheries, do not expect the proj- shore wind contracts this is new. Indeed, wind energy company ready to start con- cause, obviously, a huge project like this ect to cause mortalities or serious inju- creating business and employment op- struction on an 800 MW offshore wind has impacts and it’s likely that “take” of ries; hence, the “harassment” ? ling is portunities is a central goal among east farm in the Atlantic, covering about 675 marine mammals will occur during con- deemed appropriate. coast governors who want people to square kilometers, starting 14 miles from struction. “Take” is an interesting word For maritime companies experienced get on this band wagon. New opportu- 27

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