Data / Federal rules / 2024-01363
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore New York
The National Oceanic and Atmospheric Administration published this final rule in the Federal Register on February 14, 2024. It took effect on February 22, 2024.
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What the agency says
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS promulgates regulations to govern the incidental taking of marine mammals incidental to Empire Offshore Wind, LLC (Empire Wind), a 50-50 partnership between Equinor, ASA (Equinor) and BP p.l.c., during the construction of an offshore wind energy project (the Project) in Federal and State waters off of New York, specifically within the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area (OCS-A-512) (referred to as the Lease Area) and along two export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (February 22, 2024, through February 21, 2029). These regulations, which allow for the issuance of a Letter of Authorization (LOA) for the incidental take of marine mammals during specific construction related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. Upon publication of this final rule and within 30 days, NMFS will issue a LOA to Empire Wind for the effective period of the final rule.
Key facts
- Document number
- 2024-01363
- Type
- Final rule
- Action
- Final rule; notification of issuance of letter of authorization
- Agency
- Commerce Department; National Oceanic and Atmospheric Administration
- Published
- February 14, 2024
- Takes effect
- February 22, 2024
- Dates
- This rulemaking and issued LOA are effective from February 22, 2024, through February 21, 2029.
- Docket
- Docket No. 240118-0017
- Regulation ID (RIN)
- 0648-BL97
- Code of Federal Regulations
- 50 CFR 217
- Topics
- Administrative practice and procedure; Endangered and threatened species; Fish; Fisheries; Marine mammals; Penalties; Reporting and recordkeeping requirements; Wildlife
- Pages
- 90
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