TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 485-I
COASTAL PROGRAM AND FUND

Section 485-I:5

    485-I:5 Geographic Location Description. –
I. The coastal program shall develop and seek approval from the National Oceanic and Atmospheric Administration (NOAA) for a geographic location description (GLD), as described in 15 C.F.R. 930.53, for certain activities in federal waters, including but not limited to the development of offshore wind energy in the Gulf of Maine, deemed to have reasonably foreseeable effects on New Hampshire's coastal resources and/or uses.
II. The coastal program shall conduct an effects analysis as described in 15 C.F.R. 923.84(d), to identify:
(a) The affected uses, such as:
(1) Commercial and recreational fishing and associated infrastructure, boating, tourism, shipping, and energy facilities; and
(2) Affected resources, such as fish, marine mammals, reptiles, birds, habitats, and landmarks.
(b) Where and in what densities the resources and uses are found.
(c) How the state has a specific interest in the resources or uses.
(d) Where the proposed activity overlaps with the resources and uses.
(e) Impacts to the resources or uses from the proposed activity.
(f) A reasonable showing of a causal connection to the proposed activity, including how the impacts from the activity results in reasonably foreseeable effects on the state's coastal resources or uses.
(g) Why any required mitigation may be inadequate.
(h) Empirical data and information that supports the effects analysis and can be shown to be reliable, visualizes the affected areas, resources and use with maps, and shows values, trends, and vulnerabilities.
III. The coastal program and fish and game department shall collaborate as necessary with New Hampshire Sea Grant, and other stakeholders, to develop a GLD, and to identify the partners, including New Hampshire's commercial and recreational fishing community, and resources needed to develop the GLD.

Source. 2022, 130:3, eff. July 26, 2022.