© Th. Merck

Towards an Environmentally Sound Offshore Wind Energy Deployment23rd to 26th January 2012, Stralsund, Germany

Species Protection and Offshore Wind EnergyThe German Approach

Thomas MerckFederal Agency for Nature Conservation

Introduction

Prohibition of injury and/or killing of “specially protected species”

• harbour porpoise and pile driving• migrating birds (bats) and collision risk

Prohibition of significant disturbance of “strictly protected species”

• sea birds and offshore wind farms• harbour porpoise and pile driving

Research needs

Conclusions

Species Protection and Offshore Wind EnergyThe German Approach

German Federal Nature Conservation Act (2010)Article 44:

Provisions on specially protected and certain animal and plant species(1) It is prohibited,1. … to injure or kill wild living specimens of the specially protected species …,2. to significantly disturb specimens of strictly protected species and of the

European bird species during the period of breeding, rearing, moulting, hibernation and migration; a disturbance becomes significant in case it impairs the conservation status of the local population of the species concerned,

3. … to deteriorate or to destroy breeding sites or resting places of wild living specimens of the specially protected species,

4. …

Legal framework“Special Protection of Species”

(1) Specially Protected Speciese. g, cetaceans, seals, bats, European bird species, some fish species (lampreys, sturgeon, eel etc.), some invertebrates (lobster, sun star, edible sea urchin etc.)

(2) Strictly Protected Speciese. g., cetaceans, bats, European bird species, sturgeon, houting, sun star

© Th. Merck

Prohibition of injury/killing Harbour porpoise and pile driving

Pile driving

Consensus of the competent German authorities:temporary threshold shift (TTS) → injury

Constraint in German approvals:i. a., to exclude TTS in harbour porpoises

application of best available technics (BAT);noise level of installation may not exceed 160 dB (SEL) or 190 dB (SPL) in distances greater 750 m piling site.

Possible technical (mitigation) measures:application of noise reducing techniques (e.g., bubble curtain, vibration hammer);choosing alternative foundation methods;soft start procedure, ramp up, pingers, seal scarers to deter marine species from area of noise impacts;observer to secure that no animals are within critical distances.

(from Richardson et al. 1995)

Audibility

Masking

Zones of noise impact

Death, injuries

Response

Prohibition of injury/killing Migrating birds and offshore wind farms

Possible means to prevent/minimise additional mortality:no (further) approvals of offshore wind farms within the main migration routesshut-down the turbines in case of mass migrationbird friendly lighting

Areas of special importance for migratory birds crossingthe German Baltic Sea and offshore wind farms(Dec 2005)

Prohibition of significant disturbance Diver and offshore wind farms

Red/Black-throated Diver (n =2.321)

Den

sity

afte

r con

stru

ctio

n [%

]

Distance [km]Distance [km]

habitat exclusion due to disturbancecomplete avoidance of the wind farm + 2 km zonelong-lasting habitat loss> 1% of population displaced → significant disturbance

Prohibition of significant disturbance Diver and offshore wind farms

Abundance

Consensus of the German competent authorities:no further approvals of offshore wind farms within this main resting area of Red/Black-throated Diver

Distribution of Red/Black-throated DiverSpring time (01.03. – 15.05.), 2000-2010

Offshore Wind Energy DevelopmentGerman North Sea, December 2011

operationalunder constructionapprovedin licensing proceduresubmitted

Prohibition of significant disturbance Common Guillemot

Approach of the Federal Agency for Nature Conservation:< 10 % of population displaced → no significant disturbance:

species not in annex I of the Bird Directivein Europe favourable conservation status (Non-SPEC)in German North Sea < 1 % of the bio-geographic population

© Th. Merck

Distribution of harbour porpoises May 2009during pile driving at Alpha Ventus

15 km

25 km

Natura 2000 site„Borkum Reef Ground“

Prohibition of significant disturbance Harbour porpoise and pile driving

Alpha Ventus

meeting 160 dB-threshold does not prevent disturbancestill large-scale (up to 10 km) noise induced behavioural response/habitat exclusiontemporal impactsignificance depending on season and area

© Th. Merck

Prohibition of significant disturbance Harbour porpoise and pile driving

Harbour porpoiseMay – August 2002-2010 (aerial surveys)

mean density [n/km2]• more than 50.000 harbour porpoises in the German part of the North Sea• up to 40 % in region „Sylt Outer Reef“ during most sensitive time of reproduction

(North Sea: May – August) • noise induced disturbance:

Sept.- April: not significant provided sufficient area to compensate availableMay – August: exclusion/restriction of noise emitting activities from the „Sylt Outer Reef“ region

spatial und temporal distribution marine speciesbird migration: routes and features

impact of under water noise on marine mammals, fishes

resting seabirds and species specific avoiding behaviour

migrating birds (bats) and collision risk

effects on population level

under water noise (propagation, attenuation)

cumulative and long-term impacts

development technical mitigation measures

Research Needs

Protection of species has to be species specific as well as pressure specific. To implement threshold for pressure levels, acceptable habitat loss etc. should be assigned.Suitable mitigation measures should be applied:

avoiding areas with high abundances of sensitive species;avoiding areas of special importance for e.g., feeding, reproduction, migration corridors;excluding disturbing activities in sensitive times (e.g., reproduction, lactation, spawning, high seasonal densities);application of technical mitigation measures (e.g., noise reducing, switch off turning rotors, design of wind farm, bird friendly lightening);… .

Conclusions

© Th. Merck

Towards an Environmentally Sound Offshore Wind Energy Deployment23rd to 26th January 2012, Stralsund, Germany

Species Protection and Offshore Wind EnergyThe German Approach

Thank you for your attention!