Fishing Against the Wind: The Federal Government’s Obligation to Consider and Mitigate Fishing Impacts from Offshore Wind Development on the Outer Continental Shelf

Authors

Benjamin B. Algeo, University of Maine School of LawFollow

Document Type

Comment

Abstract

As offshore wind development activity increases along the East Coast of the United States, commercial fishing groups have raised concerns about potential impacts on their operations. This comment examines the Bureau of Ocean Energy Management’s legal obligation under the Outer Continental Shelf Lands Act to consider these concerns and mitigate potential impacts during the offshore wind leasing process. The comment concludes that the Act does require the Bureau to both consider any potentially affected fishing uses and to prevent impacts to “reasonable uses,” though the Bureau has significant discretion to determine what constitutes a “reasonable use.”

First Page

135

Recommended Citation

Benjamin B. Algeo, Fishing Against the Wind: The Federal Government’s Obligation to Consider and Mitigate Fishing Impacts from Offshore Wind Development on the Outer Continental Shelf, 28 Ocean & Coastal L.J. 135 (2023).
Available at: https://digitalcommons.mainelaw.maine.edu/oclj/vol28/iss1/6