BOEM has concluded all required consultations necessary to hold these lease sales, including those required under Section 106 of the National Historic Preservation Act, Section 7 of the Endangered Species Act, and Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act.
- Section 106, National Historic Preservation Act. On June 8, 2012, BOEM executed a Programmatic Agreement (PA) that satisfies BOEM’s Section 106 responsibilities for lease issuance and establishes procedures for its consultations for site assessment activities offshore Massachusetts and Rhode Island under Section 106 of the National Historic Preservation Act. The PA was signed by BOEM, the Advisory Council on Historic Preservation, the State Historic Preservations Officers of Rhode Island and Massachusetts, the Mashpee Wampanoag Tribe, and the Narragansett Indian Tribe. Lease stipulations for the identification and protection of cultural resources were established as part of these consultations and were included in the PSN in compliance with the PA.
- Section 7, Endangered Species Act. In July 2012, BOEM initiated consultations under Section 7 of the Endangered Species Act (ESA) with the NMFS and USFWS. These consultations were concluded on April 10, 2013. These consultations assessed the potential impacts of lease issuance, associated site characterization activities (i.e., geophysical, geotechnical, archaeological, and biological surveys), and subsequent approval of site assessment activities (i.e., installation and operation of meteorological towers and buoys) on endangered/threatened species and designated critical habitat under their jurisdiction. Through our consultations, BOEM identified standard operating conditions (SOCs) designed to minimize or eliminate impacts on protected species. The SOCs related to site characterization activities are included as stipulations in Addendum C of both leases (e.g., vessel strike avoidance measures, monitoring of exclusion zones, and ramp-up and shutdown procedures).
- Section 305(b), Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). BOEM consulted with NMFS pursuant to Section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) that requires federal agencies to consult on any action that may result in adverse effects on essential fish habitat (EFH). However, that consultation is focused on site assessment activities and any measures identified would be required as a condition SAP approval.