Cooperating under NEPA
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 Atlantic Shores 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 Atlantic Shores 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:
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.
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Environmental Impact Statement (EIS)
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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: 05/05/2023
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Monthly Status Report for September 2023:Milestone completed on May 19, 2023.
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Monthly Status Report for August 2023:Milestone is complete.
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Monthly Status Report for July 2023:Milestone is complete.
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Monthly Status Report for June 2023:BOEM is submitting additional information in anticipation of NMFS determining the EFH assessment complete by the milestone of July 19.
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Monthly Status Report for May 2023: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.
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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.
EFH consultation initiation is contingent upon NOAA Fisheries receiving sufficient information (a complete EFH assessment) from BOEM to initiate EFH consultation (to be provided concurrent with the DEIS). EFH consultation is expected to be initiated within approximately 60 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.
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.