Different phases of offshore wind energy (OWE) might create risks for birds. The construction phase involves the deposit of wastes, pile driving, and the traffic of ships for the provision of services. These activities might cause harm and habitat loss or may disturb or displace birds. The operation phase may create collision risk or barrier effects, causing loss of habitat and collision mortality. The collision risk is higher for migratory birds that are not familiar with the barriers in the area and might not be able to avoid such barriers.
While there might be some technological responses to such risks, regulatory measures are key in preventing and reducing risks to birds. To protect and conserve individuals and populations of migratory birds and their nests, the Migratory Birds Convention Act 1994, identifies migratory birds and regulates certain activities such as hunting and export of migratory birds. This Act also prohibits the deposit of harmful substances into water. For example, if any activity during the construction, operation, or decommissioning of OWE causes the deposit of any substance harmful to migratory birds or changes the waters or places where migratory birds are located, that activity is prohibited. The cumulative effects of depositing harmful substances in migratory birds’ habitats must also be considered to prevent major damage to the environment.
Some Regulatory Measures for Improvement
The Migratory Birds Convention Act should clearly outline the regulatory framework governing the impacts of offshore wind farms on migratory birds. A relevant question is what protections should be in place in addition to the prohibition of pollution from vessels and other sources, which is the central concern of the Act. The Act provides an opportunity for the Governor in Council to make regulations for the purpose of this Act. The Migratory Bird Sanctuary Regulations identify migratory bird sanctuaries and prohibit activities “harmful to migratory birds or the eggs, nests, or habitat of migratory birds, except under the authority of a permit”. However, the Regulations should be reviewed, and revised to ensure that the potential OWE sites do not overlap migratory birds’ routes and nests. It is imperative to ascertain whether these sanctuaries cover the protection of all migratory birds, their entire migratory routes, and nesting sites. Furthermore, it is essential to delineate the extent of protection and the corresponding regulations in the event of permitting the OWE project that may result in a collision, disturbance, or displacement of birds. In the event of any adverse effects from OWE projects on migratory birds, it is also crucial to determine monitoring and mitigation measures to be implemented. The cumulative effects and the impacts on the population level of birds should also be assessed. Regulations are indispensable to prevent, monitor, and mitigate the risks to migratory birds posed in various stages of OWE projects, including construction and operation.
Photo by Raul Koženevski
