Prohibition on commercial offshore wind energy development in Lobster Management Area 1

(a)

Findings

Congress finds the following: (1)The New England fishing industry has been an integral part of the history, culture, and economy of the region for over 400 years. (2)In 2021, New England commercial fisheries landed an estimated 501,143,142 pounds of catch, valued at $1,968,086,375, which supports thousands of fishermen, their families, and communities that depend on these ocean resources. (3)The United States lobster fishery, with Maine and Massachusetts producing 93 percent of the lobster harvest, is one of the most valuable fisheries in the country with commercial landings totaling 134,700,000 pounds valued at $925,000,000. (4)Lobster Management Area 1 in the Gulf of Maine is a critical and highly productive fishing ground for halibut, tuna, flounder, redfish, black sea bass, monkfish, mackerel, rock and sand crab, mussels, hardshell and softshell clams, oysters, scallops, conchs, squid, and lobster. (5)The Bureau of Ocean Energy Management recently published Commercial Leasing for Wind Power Development on the Gulf of Maine Outer Continental Shelf (OCS)–Call for Information and Nominations (88 Fed. Reg. 25427; published April 26, 2023), which invites public comment on potential commercial wind energy development in the Gulf of Maine. (6)The Call identifies approximately 9,800,000 million acres to site potential commercial offshore wind projects in the Gulf of Maine, including Lobster Management Areas 1 and 3 and other areas that are closed to fishing either permanently or seasonally in an effort to protect the endangered North Atlantic right whale. (7)Siting offshore wind development outside of Lobster Management Area 1 would avoid conflict with the New England commercial and recreational fishing industries and preserve a vital fishing ground for future generations. (b)

Prohibition on commercial offshore wind development in Lobster Management Area 1

Notwithstanding section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337), no lease, license, permit, or other authorization may be issued for the development of commercial offshore wind energy in Lobster Management Area 1. (c)

Gulf of Maine offshore wind project environmental review process study

(1)

In general

Not later than 120 days after the date of the enactment of this section, the Comptroller General shall conduct a study to assess the sufficiency of the environmental review processes of the national Marine Fisheries Service, the Bureau of Ocean Energy Management, and any other relevant Federal agency for offshore wind projects in the Gulf of Maine in place as of the date of enactment of this section. (2)

Contents

The study required under paragraph (1) shall include consideration of the following: (A)The impacts of offshore wind projects in the Gulf of Maine on— (i)marine mammals, including whales; (ii)finfish; (iii)benthic resources; (iv)the commercial and recreational fishing industries, including marine equipment retailers, onshore processors, fish markets, and other shoreside businesses; (v)air quality and greenhouse gas emissions; (vi)cultural, historical, and Tribal resources; (vii)marine invertebrates; (viii)essential fish habitat (as that term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); (ix)plankton abundance and distribution; (x)recreation and tourism; and (xi)fisheries-dependent communities. (B)How each agency described in paragraph (1) determines which stakeholders to consult with regard to offshore wind projects in the Gulf of Maine and if a timely, comprehensive comment period is provided for local representatives and interested parties with regard to such offshore wind projects. (d)

Lobster Management Area 1 defined

In this section, the term Lobster Management Area 1 has the meaning given the term EEZ Nearshore Management Area 1 in section 697.18 of title 50, Code of Federal Regulations (or a successor regulation).