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Rule2024-120852024-06-21

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New England Wind Project, Offshore Massachusetts

Commerce Department, National Oceanic and Atmospheric Administration

Abstract

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, NMFS hereby promulgates regulations to govern the incidental taking of marine mammals by Avangrid Renewables, LLC, (Avangrid), the parent company of the original applicant, Park City Wind, LLC (Park City Wind), during the construction of the New England Wind Project (the Project), an offshore wind energy project, developed in two phases, known as Park City Wind (phase 1) and Commonwealth Wind (phase 2), in Federal and State waters off of Massachusetts, 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 Areas (OCS-A 0534 and OCS-A 0561) and the southwest (SW) portion of Lease Area OCS-A 0501 (collectively referred to as the Lease Area), and along an export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (March 27, 2025, through March 26, 2030). The proposed rule for this action concerned only Lease Areas OCS-A 0534 and the SW portion of Lease Area OCS-A 0501. However, after publication of the proposed rule, Lease Area OCS-A 0534 was segregated into two portions: OCS-A 0534 and OCS-A 0561. Phase 1 remained with Park City Wind (OCS-A 0534) while phase 2 (OCS-A 0561) was assigned to a sister company named Commonwealth Wind, LLC (subsidiary of Avangrid). As a result of this, Park City Wind requested that the Letter of Authorization (LOA), if issued, be issued to Avangrid, who would oversee the construction of the both phases of the Project by its two subsidiaries. These regulations, which allow for the issuance of a LOA for the incidental take of marine mammals during 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.

Action & Dates

Action
Final rule; notification of issuance of letter of authorization.
Dates
This rule is effective from March 27, 2025, through March 26, 2030.
Effective Date
2025-03-27

CFR References

Topics

Administrative practice and procedureEndangered and threatened speciesFishFisheriesMarine mammalsPenaltiesReporting and recordkeeping requirementsWildlife

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. 240524-0146] RIN 0648-BL96 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; notification of issuance of letter of authorization. SUMMARY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, NMFS hereby promulgates regulations to govern the incidental taking of marine mammals by Avangrid Renewables, LLC, (Avangrid), the parent company of the original applicant, Park City Wind, LLC (Park City Wind), during the construction of the New England Wind Project (the Project), an offshore wind energy project, developed in two phases, known as Park City Wind (phase 1) and Commonwealth Wind (phase 2), in Federal and State waters off of Massachusetts, 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 Areas (OCS-A 0534 and OCS-A 0561) and the southwest (SW) portion of Lease Area OCS-A 0501 (collectively referred to as the Lease Area), and along an export cable routes to sea-to-shore transition points (collectively, the Project Area), over the course of 5 years (March 27, 2025, through March 26, 2030). The proposed rule for this action concerned only Lease Areas OCS-A 0534 and the SW portion of Lease Area OCS-A 0501. However, after pub

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Full Document

Citation: 89 FR 52222