Legal requirements and safety aspects for co-location

Speakers: Sigrid Eskeland Schütz, University of Bergen & Christian Schell, RISE

Schütz highlighted that in Norway there is no clear definition of multi-use and therefore no clear legal framework. A legal framework necessary for promoting marine multi-use should emphasize the importance of integrating multiple activities in marine spatial planning to enhance resource sharing and coexistence. Without the initial inclusion of multi-use principles in marine plans, effective implementation is unlikely. The concept of marine multi-use is defined as the joint use of resources by single or multiple users in close geographic proximity. It can involve 'hard' multi- use, which includes physical structures hosting multiple activities, and 'soft' multi- use, where different activities share sea space.

Schütz explained that modes of multi- use include adding new activities to existing ones and developing joint activities from the outset. Strategic marine planning must incorporate social, economic and environmental stability principles to facilitate efficient use of space and coexistence among industries. Various reports and policies related to marine area usage highlight the importance of multiple uses while safeguarding marine nature. Key statistics on offshore wind farms across several countries illustrate current developments in renewable energy infrastructure. It is important to consider questions about exclusive rights versus shared use under existing laws governing ocean energy and seabed minerals, suggesting a need for clearer regulations to support innovation and collaboration among different sectors.

Schütz pointed out that we do not know the multi-use needs of tomorrow, thirty years from now. Permits are time-bound, and there is a need for a business plan for the Norwegian seas that integrates principles for marine areas. Currently, there is a missing statement about co-location in the Ocean Energy Act, which needs to be addressed to ensure a coherent legal framework that fosters multi-use and sustainability in marine management.

Key takeaways:

Legal Framework for Multi-Use: Emphasizes the need for integrating multi-use principles in maritime spatial planning to enhance resource sharing and coexistence.
Modes of Multi-Use: Defines 'hard' and 'soft' multi-use and highlights the importance of incorporating social, economic and environmental stability.
Future Multi-Use Needs: Recognizes the importance of forward-thinking planning and clear regulations to support innovation and collaboration among different sectors.
Marine Spatial Planning: Stresses the significance of marine plans and legal frameworks for establishing prerequisites for multi-use and co-existence.

Christian Schell examines the coexistence of fishing activities and offshore wind farms, highlighting the risks and necessary precautions to ensure both industries can operate without conflict. The importance of collaboration among stakeholders is emphasized to address potential hazards and develop effective strategies for sustainable practices in these overlapping sectors.

The SSPA Maritime Centre has been involved in research regarding the coexistence of fishing and offshore wind energy, focusing on risk management associated with various fishing methodologies near wind farms. Key points include advisory services provided by RISE Research Institutes, which encompass nautical risk analysis, environmental assessments, and feasibility studies related to offshore wind projects. The study

SSPA. (2022). Sjösäkerhetsanalys - fiske i havsbaserade vindkraftparker. Energimyndigheten diarienummer: 2022-008944

identifies different types of foundations used for wind turbines – fixed and floating – and their implications for fishing operations.

Fishing methodologies in Sweden are diverse, with pelagic trawlers being significant players; however, bottom trawling is predominant along the Swedish west coast. The report outlines specific risks such as gear entanglement with submarine cables and potential collisions between fishing vessels and turbine foundations. Recommendations include establishing a government policy for fishing within wind farms, early consultations with fishermen, proper cable burial techniques, and training programs for safe operations in these areas. Stakeholder input indicates that demersal fishing should be permitted within designated buffer zones around turbine foundations while maintaining safety protocols.

Managing risks associated with fishing activities near offshore wind farms requires thorough stakeholder collaboration and strategic planning to mitigate potential conflicts. The main thesis revolves around ensuring sustainable coexistence through comprehensive risk assessments and proactive measures tailored to both industries' needs.

Key takeaways:

Coexistence of Fishing and Offshore Wind Farms: There are necessary precautions that need to be taken to mitigate risk and ensure sustainable practices in both industries.
Risk Management: Thorough stakeholder collaboration and strategic planning is key to mitigate potential conflicts.
Fishing Methodologies: There are different challenges and risks associated with different fishing methods near wind farms, such as gear entanglement and vessel collisions.
Stakeholder Input: Recommends early consultations with fishermen and proper safety protocols to maintain operations within offshore wind farms.