Abstract
This essential fish habitat (EFH) assessment has been prepared pursuant to the Magnuson Stevens Fishery Conservation and Management Act (MSFCMA), as amended by the Sustainable Fisheries Act of 2007 (16 USC 1801-1884) to evaluate the potential effects of the Ocean Wind Offshore Wind Farm (Project or Proposed Action) described herein on EFH and EFH species under the jurisdiction of the National Marine Fisheries Service (NMFS). The MSFCMA requires a federal agency to consult with NMFS on activities it authorizes, funds, or undertakes that may adversely affect EFH and EFH species.
EFH is defined as “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity” (16 USC § 1802(10). NMFS further clarified the terms associated with EFH (50 CFR 600.05-600.930 and 600.910) by the following definitions:
• Waters – Aquatic areas and their associated physical, chemical, and biological properties that are used by fish and, where appropriate, may include aquatic areas historically used by fish;
• Substrate – Sediments, hard bottoms, structures underlying the waters, and associated biological communities;
• Necessary – The habitat required to support a sustainable fishery and the managed species’ contribution to a healthy ecosystem; and
• Adverse effects – may include direct or indirect physical, chemical, or biological alterations of the waters or substrate, as well as the loss of and/or injury to benthic organisms, prey species, their habitat, and other ecosystem components. Adverse effects may be site-specific or habitat-wide impacts, including individual, cumulative, or synergistic consequences of actions.
BOEM completed an environmental assessment and EFH consultation on the issuance of leases for wind resource data collection on the OCS offshore within the New Jersey, Delaware, Maryland, and Virginia Wind Energy Areas in 2012 and on associated site characterization and site assessment activities that could occur on those lease areas, including the Lease Area for the Project. The New Jersey Wind Energy Area comprises 43 whole and 26 partial lease blocks (Figure 1-1). A site assessment plan was submitted by Ocean Wind LLC for site assessment studies of the Lease Area. BOEM transmitted its determinations regarding impacts to essential fish habitat to the NMFS on October 17, 2017. On October 19, 2017, NMFS concurred with BOEM that activities proposed in the site assessment plan were within the scope of the effects considered in the EFH consultation for the 2012 Environmental Assessment. Given that no sensitive habitats were affected, and the Project effects were short-term and localized, impacts to EFH were expected to be minimal. As a result, NMFS did not provide any additional EFH conservation recommendations for the site assessment plan, and none were required.