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Proposed Rule2023-024972023-02-10

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Sunrise Wind Offshore Wind Farm Project Offshore New York

Commerce Department, National Oceanic and Atmospheric Administration

Abstract

NMFS has received a request from Sunrise Wind, LLC (Sunrise Wind), a 50/50 joint venture between [Oslash]rsted North America, Inc. ([Oslash]rsted) and Eversource Investment, LLC, for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2023-2028) incidental to construction of the Sunrise Wind Offshore Wind Farm Project offshore of New York in a designated lease area on the Outer Continental Shelf (OCS-A-0487). Project activities likely to result in incidental take include pile driving (impact and vibratory), potential unexploded ordnance or munitions and explosives of concern (UXO/MEC) detonation, and vessel-based site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on this proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final rule, if issued. The proposed regulations, if adopted, would be effective November 20, 2023-November 19, 2028.

Action & Dates

Action
Proposed rule; proposed letter of authorization; request for comments.
Dates
Comments and information must be received no later than March 13, 2023.

CFR References

Topics

Administrative practice and procedureEndangered and threatened speciesExportsFishFisheriesMarine mammalsPenaltiesReporting and recordkeeping requirementsSeafoodTransportationWildlife

Public Comment

Comments Close
2023-03-13

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 217 [Docket No. 230201-0034] RIN 0648-BL67 ( printed page 8996) AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; proposed letter of authorization; request for comments. SUMMARY: NMFS has received a request from Sunrise Wind, LLC (Sunrise Wind), a 50/50 joint venture between Ørsted North America, Inc. (Ørsted) and Eversource Investment, LLC, for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA) pursuant to the Marine Mammal Protection Act (MMPA). The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2023-2028) incidental to construction of the Sunrise Wind Offshore Wind Farm Project offshore of New York in a designated lease area on the Outer Continental Shelf (OCS-A-0487). Project activities likely to result in incidental take include pile driving (impact and vibratory), potential unexploded ordnance or munitions and explosives of concern (UXO/MEC) detonation, and vessel-based site assessment surveys using high-resolution geophysical (HRG) equipment. NMFS requests comments on this proposed rule. NMFS will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency res

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Full Document

Citation: 88 FR 8996