Regulatory and Policy Frameworks for Offshore Wind Projects: Spatial and Temporal Considerations in Light of Fisheries Sustainability amid Climate Change

Abstract

This article explores the interplay between offshore wind projects (OWPs) and fisheries within a climate change context. There is scant literature reviewing the interaction and regulatory framework that applies or ought to apply to these two uses of the sea. We attempt to fill the gap by critically examining the relationship between OWPs, fisheries and climate change to then identify the key challenges arising from their interaction and co-existence. These issues not only slow down the deployment of offshore wind projects but also put in perspective the consequences of such projects. Advancing the state of the art, we put forward broad regulatory suggestions based on science-policy interfaces and marine planning concerning the spatial and temporal factors of OWPs to achieve the peaceful and sustainable co-existence of two essential resources – offshore wind and fisheries.

Gone with the Wind? Wind Farm-Induced Wakes and Regulatory Gaps

“…Widely recognised as a living instrument which progressively evolves through dynamic interpretation [43,44], UNCLOS was, during its inception, meant to capture the future uses of the sea. 12 UNCLOS distinguishes between sea spaces in which the State enjoys its jurisdiction and power -be it unlimited or limited in terms of sovereignty and sovereign rights. Starting with the territorial sea which stretches outwards to 12 nautical miles from the baseline,…”

“…This represents the average annual electricity consumption of two million households. So-called wind theft is therefore liable to have significant economic consequences on part of States and wind farm operators, all of them pressed for space [12]. If wind theft would proliferate, wind farm operators would think twice before deploying turbines next to each other or initiating litigation for compensation claims.…”