Abstract
Pursuant to Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, the Bureau of Ocean Energy Management (BOEM) requests formal consultation with the U.S. Fish and Wildlife Service (USFWS) regarding ESA-listed species and designated critical habitats that occur within the Action Area as represented in Figure 1-1. This programmatic framework Biological Assessment (BA), hereafter referred to as the Programmatic BA, includes the analysis of potential impacts from development of a representative project, including application of avoidance, minimization, mitigation, and monitoring (AMMM) measures (i.e., conservation measures), and is based on a representative project design envelope (RPDE). The Proposed Action in this Programmatic BA includes the application of programmatic AMMM measures during the construction, operation, maintenance, and eventual decommissioning of six New York Bight lease areas and two additional lease areas. Projects within the Action Area of this Programmatic BA include the following:
New York Bight Leases:
1. Bluepoint Wind (OCS-A 0537)
2. Attentive Energy (OCS-A 0538)
3. Community Offshore Wind (OCS-A 0539)
4. Atlantic Shores Offshore Wind Bight (OCS-A 0541)
5. Invenergy Wind Offshore (Leading Light Wind) (OCS-A 0542)
6. Vineyard Mid-Atlantic (OCS-A 0544)
Other Leases in the Action Area:
1. Bay State Wind, Massachusetts (OCS-A 0500)
2. Skipjack Wind, Delaware (OCS-A 0519)
3. Ocean Wind (On Oct 31, 2023 Ørsted issued a press release announcing it will cease development of the Ocean Wind 1 and Ocean Wind 2)
Each of the lease holders for the eight lease areas within the Action Area will need to submit a Construction and Operations Plan (COP) as required under 30 Code of Federal Regulations (CFR) 585.628. BOEM will conduct individual consultations and prepare project-specific BAs. The preparation of this Programmatic BA is a new stage in the National Environmental Policy Act (NEPA) process following the execution of leases but preceding the submission of project-specific COPs. This Programmatic BA will also facilitate the timely review of project-specific COPs submitted for the designated lease areas by reducing redundancies across NEPA analyses and BAs and establishing a framework to streamline project-specific environmental analysis (30 CFR 585.628).
This Programmatic BA will not result in the approval of any activities but rather an evaluation of the potential impacts of implementing a framework for programmatic action (i.e., RPDE). Project-specific BA documents for individual COPs in the eight identified lease areas may tier to or incorporate by reference this Programmatic BA, and could apply additional or different AMMM measures as needed. Publication of the Draft Programmatic Environmental Impact Statement (PEIS) occurred on January 12, 2024, initiating a 45-day public comment period which was subsequently extended to March 13, 2024. All the comments received will be assessed and considered by BOEM.
BOEM is the lead federal agency for purposes of Section 7 consultation (50 CFR 402.07); the co-action agencies include the Bureau of Safety and Environmental Enforcement (BSEE) and the U.S. Army Corps of Engineers (USACE).