Policy Updates

POLICY UPDATE | April 2023

Position:  New Jersey Audubon conditionally supports responsibly sited offshore wind energy development.

Climate change is a significant threat to wildlife and people in New Jersey and around the world. The science of climate change is clear: human-driven emissions of greenhouse gases lead to changing climatic conditions. Avoiding the worst possible outcomes of climate change will require shifting our energy system through time to reduce emissions of greenhouse gases. This is a conservation imperative. Of the array of lower-emissions energy sources, responsibly developed offshore wind seems to have the greatest potential for New Jersey but will require thoughtful siting of projects and careful monitoring. We do not take this position lightly and we understand that risks remain. Just as we are concerned about wildlife impacts from continued use of fossil fuels, we are concerned about potential adverse impacts from renewable energy sources.  New Jersey Audubon (NJA) continues to participate in the development of plans to evaluate and mitigate for potential adverse effects of wind projects off the coast of New Jersey and along the entire Atlantic Coast area where birds, marine animals, bats, and other wildlife may be affected.

Why are we focused on offshore wind power?

As mentioned, of the options before us, offshore wind has significant potential to help the United States of America to reduce emissions in power generation, while protecting wildlife through responsible development. There are currently more than 162 offshore wind farms operating worldwide with 26 additional projects under construction, according to the Global Offshore Wind Report 2020.  There are two wind projects operating in the US, the first of which  began commercial operations in 2016.  The Block Island Wind Farm—five turbines off the coast of Rhode Island—today produces enough energy to power 17,000 homes and marks the start of a new energy chapter for the nation. To realize the aspiration of reduced emissions with minimal wildlife impacts, development must proceed responsibly. This means ensuring that strong regulation guides the development process at each step. NJA is committed to advocating for this approach to help secure a future that avoids the worst climate change scenarios, in protection of wildlife and people.

What do we mean by “responsibly sited”?

Research by NJ Audubon was instrumental in the denial of a 2018 wind farm development proposal only 2.8 nautical miles from Atlantic City. In our view, this project would not have constituted responsible siting.  Of greatest concern was the proximity of this project to the shore, where it had the potential to significantly impact migrating and resident birds. It was clear from published, peer-reviewed data and data collected at the Avalon Seawatch by NJ Audubon scientists that this proposal contradicted widely accepted  science-based recommendations to avoid building turbines in near-shore waters, inlets, and shoals to minimize risks to birds. Each fall, approximately 1 million waterbirds migrate within four miles of New Jersey’s southern coast. NJA studies along the Jersey Shore and in other areas of the Eastern United States’ migratory “highway” found that many of these birds fly in great densities at heights that would put them at risk of interacting with turbines in this location. According to research conducted by the New Jersey Department of Environmental Protection (NJDEP Ecological Baseline Study), turbines sited beyond seven miles from shore pose significantly less risk to birds and bats, and those risks decrease with increasing distance from the shoreline. Thus, our organization advocates for siting projects in federal waters well outside the sensitive coastal zone. Wind energy projects currently slated for development in offshore New Jersey waters are approximately 15 miles from the coast.

Offshore wind can and must be developed responsibly, in a way that minimizes potential impacts on natural resources. This means ensuring that strong requirements guide the development process at each step. NJ Audubon is committed to advocating for this approach to help secure a future that avoids the worst climate change scenarios to protect wildlife and people.

What about the increase in whale and dolphin strandings and deaths on New Jersey beaches?

New Jersey Department of Environmental Protection, in collaboration with NOAA Fisheries (NOAA Fishers is the federal agency responsible for evaluating impacts to marine life and habitats from human activities in federal waters) has been assessing and monitoring a formal “unusual mortality event” (or UME) for humpback whales that was initially declared in 2016 and continues today. A UME is defined under the Marine Mammal Protection Act as “as stranding that is unexpected; involves a significant die-off of any marine mammal population; and demands immediate response.”  This basically means that the stranding rate for humpback whales was and continues to be significantly above the historic rate for that species.  There are seven criteria used to declare a UME.  In the case of the humpbacks, two criteria were identified: a marked increase in the magnitude or a marked change in morbidity, mortality or strandings when compared with prior records, as well as a temporal change in morbidity, mortality or strandings. Figure 1 shows the number of stranded humpback whales along the East Coast from 2012 to 2023.

As NOAA data reveals, scientists typically saw about 10 humpback strandings annually along the Eastern U.S. prior to the UME, apart from a spike in 2013. But in 2016, they recorded 26 and the following year, they surpassed 30.

New Jersey has contributed 2 to 5 of those whale strandings yearly since the investigation began, surpassing states like Maryland and Maine, but lagging New York and Massachusetts, where there have been as many as 9 or 10 strandings.

NOAA and local agencies have conducted partial or full necropsies on about half of the whales; some were too severely decomposed to study, or floated out of reach. But the researchers have not been able to attribute any mortalities to the pre-construction, construction, or operation of offshore wind farms, according to Rutgers investigators assessing the issue (Rutgers Offshore Wind Energy Collaborative).

What are we doing to support responsible development?

NJ Audubon supports environmentally responsible renewable energy sources, such as wind, solar, and geothermal. Because traditional fossil energy sources contribute to global climate change, habitat degradation, and pollution, NJA recognizes the importance of developing lower emission sources of energy. We are working closely with consortia  to minimize or eliminate potential impacts of these developing technologies on wildlife, and natural habitats.

NJ Audubon is an active member of the New Jersey Department of Environmental Protection’s Offshore Wind Public Outreach & Working Group, working alongside our conservation partners throughout the state. Our Research Department is actively engaged with the  New York State Energy Research and Development Authority (NYSERDA) and has made presentations at NYSERDA conferences on offshore wind impacts to birds and bats. NJ Audubon serves on the NY State Environmental Technical Working Group (E-TWG) as an expert organization on bird and bat research. NJ Audubon is also a member of the Regional Wildlife Science Collaborative (RWSC), an organization established and led by four sectors – federal agencies, states, environmental nonprofit organizations, and the offshore wind industry. The RWSC is mandated to develop research and monitoring frameworks to address information gaps and evaluate potential adverse effects of wind energy development on wildlife. The latter could then be used to avoid, minimize or mitigate these impacts research and monitoring of wildlife and offshore wind. And we are participating in the recently funded “Wildlife and Offshore Wind (WOW)” working group coordinated by Duke University. This group aims to provide stakeholders with advanced frameworks for environmental assessment at site-specific and regional scales.

NJ Audubon’s support of offshore wind development is conditioned on many factors including removal and mitigation of impacts to marine mammals, birds, and bats. We continue to monitor the science from numerous studies and assessment ongoing in the region and will calibrate and assess our position as new science emerges.

POLICY UPDATE | April 2023

Position:  New Jersey Audubon supports expanded research and monitoring of marine mammals to better understand population trends, characterize threats, and promote actions that mitigate impacts due to human activity.

New Jersey Audubon supports policies that protect marine mammals from adverse impacts due to human activity, based on sound scientific research. Over the past decade, data suggest an increase in reported whale and dolphin strandings along the coast of New Jersey (Figure 1). Humpback whales seem to have experienced more frequent stranding in this dataset since about 2016. However, the data also show that strandings have been common for at least the last 20 years and that there is significant variability year to year. Figure 2 shows reported strandings of dolphins and porpoises. The trends are less clear with these groups, especially given the anomalous stranding year in 2013.

What factors and threats might be causing the strandings and deaths?

Vessel strikes: Species that spend more time near the water’s surface, like the North Atlantic right whale, are particularly vulnerable to vessel strikes (BOEM 2022; NMFS (National Marine Fisheries Services) 2022; SEER (Synthesis of Environmental Effects Research) 2022). Shipping densities increased 34% over 5 years, including 73% in Marine Protected Areas in the Northeast Atlantic. This combination of more vessels and whales spending more time close to the surface is  contributing to the increase of collisions reported in recent years.

Fishing gear entanglements: Entanglement in fishing gear is one of the primary causes of mortality for whales (NOAA Fisheries; SEER 2022). The International Whaling Commission identifies entanglement as the main human-caused threat to large whales with an estimated 300,000 whales, dolphins, and porpoises dying from entanglements annually (NOAA Fisheries, West Coast Large Whale Entanglement Response Program).

Changes in ocean conditions: Whales may be affected by changes in ocean conditions due to climate change, including the ocean water temperatures and the timing and distribution of sea ice. Any changes that affect the availability of prey could alter foraging behavior and lead to nutritional issues for whales. Furthermore, changing temperatures may change the timing of important environmental cues that help whales with navigation and feeding. In the NJ Scientific Report on Climate Change (Chapter 5.9) (New Jersey Department of Environmental Protection, NJ Scientific Report on Climate Change). New Jersey Department of Environmental Protection has raised concerns that projected increases in ocean temperatures will impact whales, their food sources, habitats, and migration patterns. In the past decade, acoustic observations have shown changes in the distribution and range of baleen whales, resulting in their use of new habitats that expose them to additional human-induced risks. Due to these changes, whale prey species like menhaden are moving closer to shore, which leads to whales moving closer to shore and closer to busy shipping and recreational waters of the New York Bight.

What can or is being done to prevent further strandings and deaths?

National Oceanic and Atmospheric Administration (NOAA) Fisheries has made several recommendations to protect whales and other marine mammals:

• NOAA has proposed new vessel speed changes to include vessels less than 65 feet to slow to 10 knots or less and expand spatial boundaries and timing of the seasonal speed restriction areas – “Vessels must travel at 10 knots or less in certain locations (called Seasonal Management Areas or SMAs) along the U.S. East Coast at certain times of the year to reduce the threat of vessel collisions.”
• Promote on-demand, ropeless fishing gear, including pop-up buoys, inflatable lift bags, and buoyant spools (see Figure 3).
• Adoption of alternatives in NOAA Fisheries draft strategy, Ropeless Roadmap: A Strategy to Develop On-Demand Fishing.
• Mandatory ship reporting systems (ships report when they enter right whale habitats and receive information about any right whales present in the area).
• Propose and enforce a 10-knot speed limit and expand the limit to smaller boats (NOAA proposed this in 2022) (NOAA Fisheries, Reducing Vessel Strikes to North Atlantic Right Whales | NOAA Fisheries).
• Use of on-demand, or “ropeless” fishing gear (NOAA proposal) (NOAA Fisheries, Developing Viable On-Demand Gear Systems | NOAA Fisheries).
• Vessel routing recommendations to reduce collisions.

What is being done to protect marine mammals from impacts due to offshore wind development?

The Bureau of Ocean Energy Management (BOEM) requires strict protective measures (Bureau of Ocean Energy Management,  PDCs and BMPs (Best Management Practices) for Atlantic Data Collection (boem.gov)) for the offshore wind industry activities including:

• Exclusion zones around vessels. Operators must establish an “acoustic exclusion zone” for geophysical surveys, so that the zone is clear of any marine mammals and sea turtles for a certain amount of time before acoustic sound sources can be operated.
• Visual monitoring by trained third-party, independent Protected Species Observers. Protected Species Observers are trained professionals that look for marine mammals so that the possibility of vessel strikes is minimized and to shut down any sound sources if marine mammals are detected within a certain distance.
• Independent reporting by Protected Species Observers during geophysical surveys. Any interactions with protected species are immediately reported to NOAA Fisheries and BOEM.

BOEM and NOAA Fisheries assessed the potential effects of High-Resolution Geophysical (HRG) surveys (e.g. sonar) associated with offshore wind development in the Atlantic, and the agencies concluded that these types of surveys are not likely to injure whales or other endangered species (Bureau of Ocean Energy Management,  Center for Marine Acoustics Recent Work | Bureau of Ocean Energy Management (boem.gov)

Position:  NJA strongly supports the bills, which promote evidence-based management to sustain healthy forests that support a diversity of wildlife and ensure people and property are protected from wildlife.

A4843 – Forest Planning:  NJA strongly supports A4843, which would require the development of forest management plans on forested lands greater than 25 acres and purchased through Green Acres or other state funds. While incentives exist for privately owned lands to develop plans, no such incentives or planning requirements exist for public lands.  These plans do NOT require timber harvesting. Depending on the specific forest, a stewardship plan can be implemented to address invasive plants or pests, effectively deal with an overabundant deer population, or restore a previously planted stand of trees that has been degraded because of pest, disease, or deer.

A4844 – Municipal Approval:  NJA supports A4844, which clarifies that municipalities do not need to review and approve Forest Stewardship Plans. Such local review would be duplicative with the role that the New Jersey Forest Service plays. Municipalities lack the staff expertise to develop and implement Forest Stewardship Plans. Such reviews needlessly delay plan adoption.

A4845 – Prescribed Burning Goals:  NJA strongly supports A4845, which sets a minimum acreage goal (50,000 in the Pinelands area and on an additional 10,000 acres statewide) and schedule for prescribed burns in Pinelands area and Statewide. It builds upon the Prescribed Burn Act that became law in 2018, which is critical in reducing the risk to humans and property from potential catastrophic wildfires like we’ve seen in California, as well as promoting the ecological health of our forests.  Prescribed fire restores a natural disturbance mechanism to the fire dependent pinelands forests and also the rest of NJ’s forests which have evolved with less frequent fires. Fire helps forest by clearing out weak trees and shrubs allowing healthier trees and shrubs to thrive. Fire stimulates new growth and can create habitat conditions and increase available resources that many wildlife need.

A4846 – Pinelands Coordination:  NJA supports A4846, which establishes a working group to evaluate coordination and cooperation between government and private landowners with respect to forest stewardship in the Pinelands area. To ensure these critically important forest lands are being adequately protected, conserved, and stewarded it is important that the many public and private landowners in the region deliberately and proactively work together to conserve the Pinelands forests and associated resources. The working group created by this bill, will have a specific and targeted focus that is time bound to develop recommendation for policies and actions that will further protect the Pinleands forests. The specific nature and task of this commission makes it unique and necessary to ensure the Pinelands remain a New Jersey natural treasure for generations.