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DOC/NOAA RIN: 0648-BL67 Publication ID: Fall 2023 
Title: Taking Marine Mammals Incidental to the Construction and Operation of the Sunrise Wind Offshore Wind Farm 

Based on NMFS’ receipt of an application from Sunrise Wind for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action governs the unintentional taking of marine mammals incidental to construction activities for an offshore wind farm to be located approximately 18.5 statute miles (mi) (16.1 nautical miles [nm], 29.8 kilometers [km]) south of Martha’s Vineyard, Massachusetts, and approximately 30 mi (26.1 nm, 48.2 km) east of Montauk, New York. Construction activities include: impact driving of monopiles for wind turbine generator (WTG) and offshore sub-station (OSS) foundations; potential detonations of unexploded ordnances (UXOs); vibratory driving and removal of temporary cofferdams at the sea-to-shore transitions; site characterization surveys using a range of frequencies; associated biological resource surveys; placement of scour protection; export cable trenching, laying, and burial; and vessel use. The regulations will set forth the permissible methods of taking, means of effecting the least practicable adverse impact (i.e., mitigation) on the affected species or stocks and their habitats, and, if applicable, on their availability for taking for subsistence uses; and requirements pertaining to the monitoring and reporting of such taking. LOAs issued under the regulations would authorize the taking of marine mammals incidental to the specified activities for a five-year period. Title 41 of the Fixing America's Surface Transportation Act (FAST-41) requires agencies issuing permits or authorizations for covered projects to develop action milestones; Sunrise Wind is a covered project.

Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 217   
Legal Authority: 16 U.S.C. 1361 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/10/2023  88 FR 8996   
NPRM Comment Period End  03/13/2023 
Final Action  02/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Kim Damon-Randall
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400