Backlash over mounting whale deaths leaves US offshore wind in deep waters

Allegations of conflicts of interest and lack of transparency fuelling calls for moratorium on sector activities amid accusations of cover-up

Whale mortality. Humpback whales feeding.
Whale mortality. Humpback whales feeding.Foto: National Oceanic and Atmospheric Administration

A further two new whale strandings this week on US Atlantic beaches are ratcheting up pressure to halt wind construction activities gearing in the region, with concern among some industry observers of the potential set-back to project time-lines - and political support - this could cause.

A 35-foot (11-metre) humpback whale corpse washed up Monday on the beach at Manasquan, New Jersey, around 20 miles from the Atlantic Shores Wind lease area. The day before, a 43-foot male North Atlantic right whale was found stranded near Virginia Beach, Virginia, some 27 miles (43km) from Dominion Energy’s Coastal Virginia Offshore Wind (CVOW) project.

North Atlantic right whales are critically endangered with less than 350 individuals known to survive.

Nine whales have died on New Jersey and New York beaches, among more than a dozen for the entire Eastern Seaboard since 5 December, exciting widespread concern that offshore wind-related sonar-based geophysical surveys are behind the deaths.

“We need more scientific fact-based data before anything can be confidently determined about the causes of the whale deaths,” said Vince Sera, mayor of New Jersey coastal community Brigantine, at a packed town hall meeting Sunday called to discuss the issue.

“The only thing different that we’ve seen around here is the surveying work that they are doing with the ocean wind projects, and we want to know if there’s any connection.”

Sera is among more than a dozen mayors of New Jersey coastal communities that signed a letter sent to the secretaries of commerce and interior calling for a halt to offshore wind development until “an investigation is held by federal and state agencies that confidently determines these activities are not a contributing factor to recent whale deaths”.

The whale deaths are spurring a backlash against the offshore wind industry on social media that some fear could bleed into the polls, and with the entire New Jersey legislature up for election this coming fall, many politicians have joined in calling for an industry pause.

“Any sort of political risk that you run into these days has the potential of delaying projects significantly,” said Matt Krayton, lead with New Jersey political consultancy Publitics. “The biggest risk, though with all of these things is, does wind power become polarised in a way that it hasn’t before?”

“That’s maybe where this is heading,” he added. Already, Sera said that municipalities in and outside of New Jersey are reaching out and asking for Brigantine’s advice on opposing the industry, and “this number grows every single day”.

We want to “build a critical mass that the president and governors of all these states can’t ignore the citizens that elect them”, Sera said.

Mitigation measures

Scientists with the US National Oceanic and Atmospheric Administration’s fisheries service (NOAA-Fisheries) and Bureau of Ocean Energy Management (BOEM), the lead regulator of energy development in federal waters, asserted during a media call last month that offshore wind site characterisation work is not to blame.

Brian Hooker, biology team lead for BOEM’s office of renewable energy programmes, said: “There is no information that would support any suggestion that any of the equipment that’s being used in support of wind development for the site characterisation surveys could directly lead to the death of a whale.”

Offshore wind geophysical surveys are conducted under strict authorisation rules from NOAA-Fisheries.

Survey vessels are required to have protected species observers (PSO) on duty, adhere to strict speed limits of 10-knots when marine mammals are spotted, and observe 500-metre shutdown zones for North Atlantic right whales and 100-metre shutdown zones for all other marine mammals while using acoustic sources.

NOAA-Fisheries has 11 active and five pending incidental take authorisations (ITAs) in the region, which permit the unintended harassment of marine mammals and other wildlife while conducting survey operations but does not allow accidental deaths.

The strandings are occurring amid seven years of unusual mortality events (UMEs) seen in several whale species along the US Atlantic coast. NOAA-Fisheries data indicates that 174 humpback whales and 36 North Atlantic right whales have perished in that time.

Partial or full necropsies were conducted on half the humpback whales, with about 40% of those examined showing “evidence of human interaction, either ship strike or entanglement”, Lauren Gaches NOAA-Fisheries public affairs, told Recharge.

Eleven North Atlantic right whales were killed through vessel collisions, nine through entanglement with fishing gear, while 14 are either unknown, not examined, or pending.

The lack of evidence obtained from necropsies a key factor in the ongoing controversy. (see panel below)

Whale stranding causes

While NOAA-Fisheries is confident that the offshore wind sector is not to blame, the cause of the whale strandings remains elusive.

NOAA-Fisheries has documented an increase in whale sightings throughout winter months in New York and New Jersey over the past decades.

“Whales, especially young humpbacks, have been observed feeding on prey close to shore,” said Gaches. “While feeding close to shore, whales are overlapping with high-use areas with high vessel traffic and are at risk of interacting with vessels.”

When whales die in coastal waters, the likelihood of the carcass landing on the beach or being observed by on-water users increases potential reporting.

Vessel traffic in the northeast as surged in recent years as the Port of New York and New Jersey saw cargo levels rise 27% between 2019 and 2022.

This is unlikely to mollify industry opponents particularly if whales continue to wash up on area beaches.

The lack of scientific certainty creates “a messaging vacuum that people can jump into very easily, and then define,” said Publitics’ Krayton.

Krayton however remains optimistic that the jobs and economic opportunities presented by the industry will ultimately outweigh the public relations impact of the whale beachings.

“I don’t think that this particular issue presents an existential risk to the broader climate change, climate mitigation efforts that are that are taking place here in New Jersey and nationally,” he said.

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Published 16 February 2023, 20:30Updated 14 October 2023, 14:29
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