Commerce Department Proposed Rule

2023-11814: Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New England Wind Project Offshore Massachusetts

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Summary

NMFS has received a request from Park City Wind, LLC (Park City Wind) 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 (2025-2030) incidental to construction of the New England Wind Project. Park City Wind proposes to develop the New England Wind Project in two phases, known as Park City Wind (Phase 1) and Commonwealth Wind (Phase 2). Project activities that may result in incidental take include pile driving (impact and vibratory), drilling, 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. If adopted, the proposed regulations would be effective March 27, 2025, through March 26, 2030.

The agency’s own summary, as published.

What this changes

Amends 1 part of the Code of Federal Regulations — the standing rules this notice rewrites.

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