The Humane Society of the United States  *  International Fund for Animal Welfare  *  International Wildlife Coalition  *  Massachusetts Society for the Prevention of Cruelty to Animals  *  Ocean Conservancy  *  Pegasus Foundation  *  International Marine Mammal Project, Earth Island Institute  *  Environmental Investigation Agency  *  Plymouth Marine Mammal Research Center  *  Orenda Wildlife Land Trust  *  Three Bays Preservation

 

 

STATEMENT OF CONCERNS

 

Cape Wind Associates’ Proposed Windmill Farm:

Possible Impacts on Wildlife in Nantucket Sound

Cape Wind Associates is proposing to construct a full-scale marine “windmill farm” and is currently erecting a measuring tower in the waters of Horseshoe Shoals in Nantucket Sound.  While we believe that this project may present an opportunity to advance renewable energy, the current proposal for the construction and operation of the turbines and measuring tower raises serious questions about possible environmental impacts.  It also raises important questions as to how the federal government should make decisions about industrial activities that impact the marine environment, but for which there is no clear legal authority to ensure that the public interest is fully protected.  For this reason, we call on the Commonwealth of Massachusetts, the U.S. Army Corps of Engineers, and Cape Wind Associates to act responsibly by ensuring that possible environmental and wildlife impacts are adequately addressed through the Environmental Impact Statement process.  At the same time, we affirm that wind power is an important source of renewable energy that will contribute increasingly to the production of energy in the United States and therefore has the potential to significantly reduce carbon dioxide, sulfur dioxide, and nitrogen oxide emissions, which are harmful to both human health and the environment.

 

Background

Cape Wind Associates’ windmill farm, measuring tower, and commercial power generation plant would encompass approximately 28 square miles on Horseshoe Shoals in Nantucket Sound.  It would be comprised of 130 towers, each 426 feet high from mean sea level and driven 80 to 100 feet into the sea floor.  Horseshoe Shoals is a shallow area with water depths averaging between 13 and 40 feet. 

 

The current design of the test tower [permitted by the U.S. Army Corps of Engineers on August 19, 2002] would collect data regarding wind and sea conditions to determine the economic feasibility of the wind farm.  Despite the growing list of unanswered questions about the project, however, little has been done to determine how the test tower, or the entire windmill farm project, may impact the ecology of this area and its dependent wildlife. No one has provided sufficient justification for this project being considered for permitting solely under Section 10 of the Rivers and Harbors Act, a law enacted over 100 years ago to deal with obstructions to navigation, not the conservation of marine resources.  All relevant environmental laws, including the National Environmental Policy Act, Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, and the Fishery Conservation and Management Act, should be considered.

Wildlife Concerns

The area around Nantucket Sound is rich in wildlife throughout the year.  During the summer, endangered and threatened turtles such as leatherback, ridley, loggerhead, and green turtles are present.  Surveys, anecdotal reports, and stranding data indicate that marine mammals are present year round.

 

Horseshoe Shoals is within 7 miles of Muskeget and 12.5 miles of Monomoy islands, which are important haul-out areas for more than 7,000 gray and harbor seals and pupping sites for gray seals.  Data indicate that harp, hooded, harbor, and gray seals are stranded regularly from Falmouth to Monomoy and are, therefore, likely transiting the area on a regular basis.

 

Atlantic white-sided dolphins, striped dolphins, and common dolphins are known to occur in this area.  Pilot whales are frequently sighted in the fall, while harbor porpoises migrate through in the spring and large whales such as right whales, humpback whales and minke whales are observed in the Sound. 

Moreover, the proposed wind farm would be located in an area designated as essential fish habitat under the Fishery Conservation and Management Act (FCMA).  A number of different types of fish and invertebrates spawn here and/or are targeted by commercial fisheries in this area including squid, winter flounder, summer flounder, scup, mackeral, black sea bass, stripe bass, and blue fish. 

In addition, Horseshoe Shoals is in the middle of the Atlantic flyway with one of the largest known concentrations of waterfowl on the east coast.  As many as 250,000 to 500,000 birds are found here for at least six months of the year.  The endangered roseate tern and threatened piping plover are known to migrate through Nantucket Sound, as do thousands of other birds during their spring and fall migration.  It is critical that these species and their rich habitat are not adversely impacted by the construction of a windmill farm.

There are a number of ways that the construction and operation of the test tower and windmill farm may affect wildlife: 

• Because of potential noise during construction, wildlife may abandon habitat, seals may abandon pups, and animals may experience potentially permanent hearing loss. 
• Sediment suspended in the water column during construction may significantly degrade the habitat.
• Turtles may be affected by magnetic fields from electrical cables connecting the wind turbines and carrying the energy to shore.  Magnetic fields occur wherever there is a flow of electrical current.  A 2001 study in Science showed that young loggerhead sea turtles, when exposed to magnetic fields, responded by swimming according to those magnetic markers, rather than according to the earth’s magnetic fields by which they normally navigate.
• Turbine operation may be a significant hazard to migratory birds ranging from large hawks to small song birds.  For example, large numbers of raptors died as a result of collisions with turbine blades at a wind farm in California.   Lights, which are required for security reasons, may disorient birds that use a form of celestial navigation for flying at night.
• According to numerous studies by marine mammal biologists, underwater noise impacts on whales can include disorientation, disruption of social cohesion, separation of mothers and calves, alteration of travel, displacement, and/or stranding. 

·         A report by the Danish Institute for Fisheries Research (2000) indicated that many of the fish species as well as marine mammals were disturbed during installation of a marine wind farm.  This same report stated that marine mammals and fish will likely disappear from the area during construction due to turbidity, noise, and other benthic activities. 

Existing Regulations

A number of laws exist to prevent adverse impacts on wildlife.  It is critical that the mandates of these laws be satisfied before any construction occurs. 

National Environmental Policy Act (NEPA): NEPA requires federal agencies to prepare an environmental impact statement (EIS) for federal actions likely to have a significant impact on the quality of the human environment.  An EIS should be filed for the overall proposal, including the test tower, which would include detailed public review.  Moreover, a comprehensive EIS must include thoroughly researched and documented alternatives including, but not limited to, alternative windmill farm locations, alternative project capacities, alternative renewable forms of energy, alternative routes for installing submarine cables, alternative landfall and overland cable route locations, and alternative connections to NSTAR transmission lines.  Failure to identify adequate alternatives in any one of these areas will constitute failure to comply with NEPA.

Endangered Species Act (ESA): The proposed wind farm may adversely affect several species listed as federally endangered or threatened, including roseate terns, piping plovers, leatherback and Ridley sea turtles, loggerhead and green sea turtles, and right and humpback whales.  The Army Corps of Engineers is responsible for preparing a biological assessment of the impact of these proposed structures on federally protected animals.

Marine Mammal Protection Act (MMPA): If the wind farm construction or operation results in the killing, harming, or harassment of gray or harbor seals, white-sided or common dolphins, or right, humpback, minke, or pilot whales, the project will violate the MMPA, unless a small take permit or incidental harassment authorization is issued.

Migratory Bird Treaty Act (MBTA): Based on information on the local presence of migratory birds, and the available information about the possible impact of the test tower and turbines, this project may well be in violation of the MBTA.

Fishery Conservation and Management Act (FCMA): As previously mentioned, the proposed construction is located in an area designated as essential fish habitat under the FCMA.  The Corps is required to consult with the National Marine Fisheries Service regarding the impact of the test tower and windmill farm.

Additionally, as the permitting and approval process proceeds, it is important that there be well publicized opportunity for the public to attend hearings and participate in the review of plans.

Public Interest

While our organizations emphatically support the expeditious development of America’s clean renewable energy resources, we also agree on the clear need for careful siting, proper mitigation measures, and appropriate agency and legislative oversight of proposals such as offshore wind and wave energy projects in our coastal waters. 

 

Offshore energy projects, even wind and wave energy installations, have a range of documented impacts on the shoreline, the sea and the seabed, and on economically important biological resources.  Renewable energy projects must not – and need not – undermine protection of coastal habitats and living marine resources. 

 

The Corps of Engineers is considering permitting this project under Section 10 of the Rivers and Harbors Act, which is designed to address hazards to navigation. This is insufficient for a project of this magnitude. Other activities that impact the marine environment, such as oil and gas exploration and development, are subject to laws requiring issuance of leases through a competitive process, and provide procedures for addressing environmental concerns and balancing project benefits against adverse impacts.  Until the proper process has been established to consider the impacts of windmill farms such as this project, we call for a halt to the issuance of permits for wind, wave, and other energy installations in federal waters.

Conclusion

The following organizations believe the important questions about both the potential impacts of wind turbines and the proper governance of marine-based energy projects must be addressed prior to any decision to permit any energy development projects in Nantucket Sound.

 

The Humane Society of the United States

International Fund for Animal Welfare

International Wildlife Coalition

Massachusetts Society for the Prevention of Cruelty to Animals

Ocean Conservancy

Pegasus Foundation

International Marine Mammal Project, Earth Island Institute

Environmental Investigation Agency

Plymouth Marine Mammal Research Center

Orenda Wildlife Land Trust

Three Bays Preservation