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FAST-41 Missed Date:Magnuson-Stevens Fishery Conservation and Management Act, Section 305 Essential Fish Habitat (EFH) Consultation: NOAA Issues any EFH Conservation Recommendations (Agency Action)

Submitted by cori.carraway@… on

Triggered missed date from extending NOAA Issues any EFH Conservation Recommendations (Agency Action) within 30 days of its current target date which was 05/22/2023 and extended to 06/22/2023

Action
Project Name:
New England Wind
Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
Planned
POC Name:
Sue Tuxbury
POC Title:
Fisheries Biologist
POC Email:
susan.tuxbury@noaa.gov

Description:

Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires federal agencies to consult with NOAA Fisheries on any action or proposed action that may adversely affect Essential Fish Habitat (EFH).  EFH exists throughout all of the coastal and offshore areas affected by the Park City project and associated transmission system.  The proposed action may adversely affect these resources, therefore EFH consultation is required.  Based on anticipated adverse impacts to EFH, an expanded consultation will be required.  The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation. Also note that NMFS has authorities under the Fish and Wildlife Coordination Act for this project.  NMFS expects the coordination and consultation under the Fish and Wildlife Coordination Act to be concurrent with the EFH consultation.

This initial permitting timetable for Vineyard Wind 2 reflects the best estimates of the agencies based on past singular offshore wind projects, but is likely to vary, depending on the receipt of sufficient required information from the project sponsor, and the number and timing of concurrent projects.

Milestones:

EFH Consultation Request Submitted – EFH Assessment (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 12/23/2022
  • Monthly Status Report for September 2023:
    Consultation package was submitted Sept 7, 2022 and was deemed complete on July 28, 2023
  • Monthly Status Report for August 2023:
    Milestone is complete
  • Monthly Status Report for July 2023:
    Consultation package was submitted Sept 7, 2022 and was deemed complete on July 28, 2023
  • Monthly Status Report for June 2023:
    BOEM anticipates submitting a complete EFH consultation request to NMFS on July 24.
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Monthly Status Report for April 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
  • Monthly Status Report for March 2023:
    BOEM submitted a revised EFH assessment to NOAA NMFS on March 10, 2023 and received comments from NOAA NMFS on March 15, 2023. On March 17, 2023, BOEM, NMFS, and co-action agencies held a meeting to discuss the comments and supporting data for the EFH assessment. BOEM is currently reviewing the comments. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete. 
  • Monthly Status Report for February 2023:
    BOEM submitted the updated EFH assessment to NOAA NMFS on January 23, 2023 and received comments from NOAA NMFS on February 8, 2023. BOEM is currently reviewing the comments and revising/updating the EFH assessment. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete. 
  • Monthly Status Report for January 2023:
    BOEM submitted the updated EFH assessment to NOAA NMFS on January 23, 2023. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete.
  • Monthly Status Report for December 2022:
    BOEM is delaying submittal of the updated EFH assessment to NOAA NMFS (originally anticipated for submittal on December 23, 2022) and currently coordinating with NOAA NMFS regarding schedule implications. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete.
  • Monthly Status Report for November 2022:
    On November 7, 2022, BOEM received comments from NOAA NMFS on the draft EFH assessment. BOEM is currently reviewing these comments. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete.
  • Monthly Status Report for October 2022:
    On September 7, 2022, BOEM submitted the initial Essential Fish Habitat (EFH) Assessment to NOAA NMFS. BOEM is anticipating comments from NOAA NMFS on the EFH assessment by November 7, 2022. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete.
  • Monthly Status Report for September 2022:
    On September 7, 2022, BOEM submitted the initial Essential Fish Habitat (EFH) Assessment to NOAA NMFS (concurrently with the preliminary draft Environmental Impact Statement for cooperating agency review) and requested EFH consultation with NOAA NMFS. Therefore, the milestone “EFH Consultation Request Submitted – EFH Assessment” was marked complete on September 7, 2022. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete.
  • Non-conformance Explanation:
    BOEM missed the completion date for NOAA NMFS Milestone “EFH Consultation Request Submitted – EFH Assessment,” which was scheduled for completion on July 29, 2022, because BOEM did not timely receive confirmation of a delay in the delivery of the draft Essential Fish Habitat (EFH) assessment from its third party contractor in order to request to revise the completion date prior to 30 days of the original completion date pursuant to 43 U.S.C. 4370m-2(c)(2)(D)(ii).   The delay in BOEM receiving the draft EFH assessment from its third-party contractor for the New England Wind Project has in turn resulted in a corresponding delay for the initiation of EFH consultation with NOAA NMFS pursuant to Magnuson-Stevens Fishery Conservation and Management Act, Section 305. Reasons for the third-party contractor’s delay in delivering the draft EFH assessment to BOEM include delays in the National Environmental Policy Act process resulting from an extended alternatives development period, and recent project modifications and additional information filed by the project sponsor.  Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation (the affected environmental review or authorization) is complete.  BOEM currently estimates an alternate completion date of September 2, 2022.
Completed Date:
Milestone Details

This reflects the anticipated date of receipt of initial EFH Assessment from BOEM and reflects the beginning of the cooperating agency review for the DEIS. EFH consultation request is set to be concurrent with receipt of the preliminary DEIS for cooperating agency review.  Meeting this milestone target date is contingent upon NOAA Fisheries receiving an EFH Assessment from the lead agency by the date provided.

NOAA determines EFH Assessment is Complete (Agency Action)
  • Monthly Status Report for September 2023:
    Consultation package was deemed complete on July 28, 2023
  • Monthly Status Report for August 2023:
    Consultation package was deemed complete on July 28, 2023.
  • Monthly Status Report for July 2023:
    Milestone is complete
  • Monthly Status Report for June 2023:
    BOEM is providing additional information in anticipation of NMFS being able to determine the EFH assessment complete by the July 24 milestone.
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Monthly Status Report for April 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. This review encompassed all NEPA and associated agency actions and milestone for the project, including this action. The review culminated in BOEM sending a request on April 11, 2023 to FPISC for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action.
  • Non-conformance Explanation:
    BOEM submitted a revised EFH assessment to NOAA NMFS on March 10, 2023 and received comments from NOAA NMFS on March 15, 2023. On March 17, 2023, BOEM, NMFS, and co-action agencies held a meeting to discuss the comments and supporting data for the EFH assessment. BOEM is currently reviewing the comments. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to EFH consultation with NOAA NMFS until the final milestone for EFH consultation is complete. 
Current Target Date:
Milestone Details

EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation (preferably as an appendix to the DEIS).  EFH consultation is expected to be initiated within approximately 60 approximately days of the issuance of the NOA of the DEIS to allow adequate time to review the incoming materials and ensure receipt of complete information prior to initiation of consultation.

NOAA Issues any EFH Conservation Recommendations (Agency Action)
  • Monthly Status Report for September 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for August 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for July 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for June 2023:
    BOEM is submitting additional information in anticipation on NMFS meeting the milestone of July 24, for determination of a complete consultation package and the Oct 23, 2023 milestone to conclude EFH consultation. 
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Milestone Details

Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects.  NMFS has approximately 90 days from the date consultation is initiated to provide EFH Conservation Recommendations.  BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects.


View Action's Modification History

Milestone
NOAA Issues any EFH Conservation Recommendations (Agency Action)
  • Monthly Status Report for September 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for August 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for July 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for June 2023:
    BOEM is submitting additional information in anticipation on NMFS meeting the milestone of July 24, for determination of a complete consultation package and the Oct 23, 2023 milestone to conclude EFH consultation. 
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Milestone Details

Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects.  NMFS has approximately 90 days from the date consultation is initiated to provide EFH Conservation Recommendations.  BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects.

Project

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
07/22/2024

9 out of 9

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Description:

Update: In October 2021, the project name changed from Vineyard Wind South to New England Wind to reflect restructuring of the project’s parent companies (for more information, see Vineyard Wind’s September 21, 2021 press release).

New England Wind is the proposal to develop offshore renewable wind energy facilities in BOEM Lease Area OCS-A 0534 along with associated offshore and onshore cabling, onshore substations, and onshore operations and maintenance (O&M) facilities. Park City Wind LLC, a wholly owned subsidiary of Avangrid Renewables, LLC, is the Proponent and would be responsible for the construction, operation, and decommissioning of New England Wind. New England Wind will be developed in two Phases. If approved, Phase 1, also known as the Park City Wind project, will be developed in the northeastern portion of Lease Area OCS-A 0534.  Phase 2, also known as Commonwealth Wind, will be located southwest of Phase 1.

FAST-41 provides increased transparency and predictability by requiring Federal agencies to publish comprehensive permitting timetables for all "covered" projects, and provides clear procedures for modifying permitting timetables to address the unpredictability inherent in the environmental review and permitting process for significant infrastructure projects. For more information, see "The FAST-41 Process" at  https://www.permits.performance.gov/fpisc-content/fast-41-process. 

The Executive Director granted a Bureau of Ocean Energy Management (BOEM) request to extend the NEPA, COP, Section 106, Sections 10/404, and OCS air permit actions completion date on May 09, 2023. The Executive Director determination is posted here.

field_status
Rejected
System Comments
Triggered missed date from extending NOAA Issues any EFH Conservation Recommendations (Agency Action) within 30 days of its current target date which was 05/22/2023 and extended to 06/22/2023
Previous Action Status
Planned
New Action Status
Planned
Missed Date Process
Yes
Missed Date Triggered by Extension
Yes
Agency Notified Date
New Milestone
NOAA Issues any EFH Conservation Recommendations (Agency Action)
  • Monthly Status Report for September 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for August 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for July 2023:
    On track to meet alternative completion date of Oct 23, 2023.
  • Monthly Status Report for June 2023:
    BOEM is submitting additional information in anticipation on NMFS meeting the milestone of July 24, for determination of a complete consultation package and the Oct 23, 2023 milestone to conclude EFH consultation. 
  • Monthly Status Report for May 2023:
    BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 
  • Non-conformance Explanation:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review is expected to be completed in early May 2023, which will result in coordination with the FPISC Executive Director.
Current Target Date:
Milestone Details

Issuance of EFH Conservation Recommendations is dependent upon the magnitude of adverse effects and the extent to which BMPs abate those adverse effects.  NMFS has approximately 90 days from the date consultation is initiated to provide EFH Conservation Recommendations.  BOEM has agreed to provide additional time (over the statutory 60 days) due to the anticipated number of overlapping projects.

Response Date
Reporting Agency
National Oceanic and Atmospheric Administration