The development of offshore energy, which includes but is not limited to wind turbines, tidal energy, and oil and gas extraction, has expanded since the early 21st Century.Wind Europe, 2023. Global Offshore Energy. 2023 Statistics and the outlook for 2024-2030 Given this increase, there are increasing concerns about the potential impacts on large maritime fauna such as cetaceans and birds, particularly in coastal areas of high biodiversity.JNCC (Joint Nature Conservation Committee). Guidelines for Minimizing the Risk of Injury to Marine Mammals from Offshore Seismic and Pile-Driving. Peterborough: Joint Nature Conservation Committee, 2017. Environmental advocacy groups and scholars have documented risks including underwater noise that disturbs marine life populations, the displacement or destruction of marine habitats, fauna mortalities from collisions, and broader disturbances.

There are varied regulatory frameworks governing the mitigation of ecological harm while still permitting offshore energy development.European Commission. Guidance on Wind Energy Developments and EU Nature Legislation. Brussels: European Commission, 2020.NOAA Fisheries. Offshore Wind Energy: Assessing Impacts to Marine Life. Silver Spring, MD: National Oceanic and Atmospheric Administration, 2022.IUCN. Mitigating Biodiversity Impacts of Solar and Wind Energy: Guidelines for Developers. Gland, Switzerland: International Union for Conservation of Nature, 2021. These frameworks, often region-specific, combine binding legislation that limits the production of energy without considering marine life, recommends or mandates environmental impact assessments (EIAs), promotes technical guidance, or bans development altogether. These approaches generally vary by region and reflect differing systems of governance, regional approaches to conversation, and the priorities of marine life risk mitigation.

European Regulations

European Union

Governed by the precautionary principle,European Lexicon. 2000. Precautionary Principle. https://eur-lex.europa.eu/EN/legal-content/glossary/precautionary-principle.html The European Union maintains some of the strictest approaches to regulating offshore energy production as it relates to marine biodiversity. Offshore energy production is tied to the EU Birds Directive and EU Habitats directive,European Commission. 2025. The Birds Directive. https://environment.ec.europa.eu/topics/nature-and-biodiversity/birds-directive_enEuropean Commission. 2025. The Habitats Directive. https://environment.ec.europa.eu/topics/nature-and-biodiversity/habitats-directive_en which combined with Natura 2000,Ministeriet for Grøn Trepart. 2025. Natura 2000. https://sgavmst.dk/natur-og-jagt/naturindsatser/natura-2000 requires member states to prevent the destruction, violation, or harm to protected species habitats, and additional designated areas, including those affected by offshore infrastructure. As laid out in these directives, even areas that are not off-shore (beyond off-shore energy site boundaries) may be affected by offshore-production, which further limits energy production.European Commission. Guidance on Wind Energy Developments and EU Nature Legislation. Brussels: European Commission, 2020.

As a result of these directives, offshore energy permits are issued only after thorough review and assessment of the potential adverse effects in accordance with EU nature legislation. Offshore energy projects likely to affect protected species or habitats may be delayed or refused permitting altogether. A crucial component of this regulation is the Marine Strategy Framework Directive, which requires member states to achieve “good environmental status in marine waters.”European Commission, 2025. Marine Strategy Framework Directive. https://research-and-innovation.ec.europa.eu/research-area/environment/oceans-and-seas/eu-marine-strategy-framework-directive_en This includes, but is not limited to, reducing underwater noise, limited anthropogenic sound, and mitigating harm to ecosystems via construction projects.

Europe Outside of the EU

Beyond the European Union, the OSPAR Convention both regulates and limits the quantity of underwater noise (as it relates to all activities, not simply offshore energy production).OSPAR. Regional Action Plan for Underwater Noise. London: OSPAR Commission, 2025. Recognizing underwater noise as harmful to marine populations of large fauna, OSPAR's 2025 report laid out both action plans and targets for reducing both ambient noise from energy production and high-intensity noise from energy production construction to limit ecosystem damage.OSPAR. Regional Action Plan for Underwater Noise. London: OSPAR Commission, 2025.

Specifically for the protection of cetaceans, the Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) is a binding treaty that establishes guidelines for protecting large maritime fauna from offshore energy activities.ACCOBAMS. Guidelines to Address the Impact of Anthropogenic Noise on Cetaceans in the ACCOBAMS Area. Monaco: Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, 2010. This includes spatial planning, seasonal restrictions on construction and extraction, strict exclusion zones, and procedures established to ensure that cetaceans are not harmed during energy production.ACCOBAMS. Guidelines to Address the Impact of Anthropogenic Noise on Cetaceans in the ACCOBAMS Area. Monaco: Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area, 2010.

Nationally, implementation varies from state to state despite international agreements and regulations. States such as the United Kingdom have strict standards such as those outlined by the Joint Nature Conservation Committee, which requires the deployment of marine mammal observations, monitoring of wildlife populations, and monitoring of activities such as seismic surveys and pile driving.JNCC (Joint Nature Conservation Committee). Guidelines for Minimizing the Risk of Injury to Marine Mammals from Offshore Seismic and Pile-Driving. Peterborough: Joint Nature Conservation Committee, 2017.

While Europe maintains the highest level of regulation of offshore wind production for the protection of marine fauna, conservation organizations have noted that enforcement is varied and inconsistent, particularly when tied to the impact of offshore energy production on migratory seabirds and offshore wind development far from coasts, making it difficult to monitor.BirdLife Europe. Offshore Wind and Biodiversity Summary Report. Brussels: BirdLife Europe and Central Asia, 2021.

The Americas

United States

In the US, offshore energy regulation as it relates to large maritime fauna is largely based in environmental protection statutes, governed by laws such as the Marine Mammal Protection Act and the Endangered Species Act, both prohibiting harm to protected species and requiring federal agencies such as the EPA to assess and mitigate risks regulated to offshore energy production.Marine Mammal Commission, 2022. Marine Mammal Protection Act. https://www.mmc.gov/about-the-commission/our-mission/marine-mammal-protection-act/ Oversight over this legislation is typically exercised by NOAA and the Department of Interior's Bureau of Ocean Energy Management,Bureau of Ocean Energy Management, 2022. Charting A Course Toward Quieter Seas. https://www.boem.gov/ which restrict permits for offshore energy production, impose speed limits for ships, monitor sound levels in the ocean, and limit seasonal energy production.NOAA Fisheries. Offshore Wind Energy: Assessing Impacts to Marine Life. Silver Spring, MD: National Oceanic and Atmospheric Administration, 2022.

In 2024, NOAA and BOEM (Bureau of Ocean Energy Management) released its final joint strategy of the North Atlantic Right Whale Strategy, a species-specific set of directives aimed at protecting one of the world's most endangered species, identified as increasingly at risk because of offshore energy production—particularly wind turbines.BOEM, 2024. North Atlantic Right Whale and Offshore Wind Strategy. https://www.boem.gov/sites/default/files/documents/renewable-energy/state-activities/NARW%20OSW%20Strategy%20Handout.pdf While the strategy is not binding, and is not expected to result in the cancelling of leases for offshore energy production it establishes guidelines to limit noise, vessel strikes, and the entanglement of large marine fauna.NOAA/BOEM. North Atlantic Right Whale and Offshore Wind Strategy. Washington, DC: National Oceanic and Atmospheric Administration and Bureau of Ocean Energy Management, 2022.

Canada

Canada has a national standard framework for offshore energy production, particularly for oil and gas production, which sets the minimum requirements for non-ice-covered waters under Canadian jurisdiction.Fisheries and Oceans Canada. Statement of Canadian Practice with Respect to the Mitigation of Seismic Sound in the Marine Environment. Ottawa: Government of Canada, 2007. The legislation particularly limits seismic surveys conducted to identify natural gas and oil reserves, and outlines procedures during these activities, including prescribed start ups, shutdowns, requiring the presence of a marine mammal observer, the cancelling of activities if an endangered animal is spotted, and requiring the use of cetacean detection technology.Government of Canada, 2025. Statement of Canadian Practice with respect to the Mitigation of Seismic Sound in the Marine Environment. https://www.dfo-mpo.gc.ca/oceans/publications/seismic-sismique/index-eng.html

Brazil

Regulations in Brazil are stringent for offshore energy production, with licensing requirements issued by the national environmental authority, IBAMA.IBAMA. Guidelines for Marine Biota Monitoring in Seismic Surveys. Brasília: Brazilian Institute of Environment and Renewable Natural Resources, 2018. Just as in Canada, the Brazilian regulations require exclusion zones, soft-start and hard-stop procedures, continuous monitoring using marine mammal observers, passive acoustic monitoring systems, and cetacean detection devices.IBAMA. Guidelines for Marine Biota Monitoring in Seismic Surveys. Brasília: Brazilian Institute of Environment and Renewable Natural Resources, 2018.

Oceania

Australia

Australian offshore energy activities are regulated by the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which has detailed guidance on limiting seismic surveys for the identification of natural gas and oil.Australian Department of Environment. EPBC Act Policy Statement 2.1: Seismic Surveys and Whales. Canberra: Commonwealth of Australia, 2017. As outlined for western nations, the regulations in Australia for offshore energy require established exclusion zones, soft-start procedures, and seasonal restrictions designed to protect cetaceans during breeding and migration periods.

With increasing offshore wind development in the region, the Australian government has issued reports that outline guidance for the protection of seabirds and coastal birds, finding that multiple species are at risk as new projects are underway.Commonwealth of Australia. Impacts on Birds from Offshore Wind Farms: Guidance for Environmental Assessment. Canberra: Department of Climate Change, Energy, the Environment and Water, 2022. The Department of Climate Change, Energy, the Environment and Water recommended that Australian legislation and protections more closely mirror that of established European Regulations, which set the standard for offshore energy monitoring.Commonwealth of Australia. Impacts on Birds from Offshore Wind Farms: Guidance for Environmental Assessment. Canberra: Department of Climate Change, Energy, the Environment and Water, 2022.