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DOC/NOAA RIN: 0648-BL73 Publication ID: Fall 2023 
Title: Taking Marine Mammals Incidental to the Construction of the Atlantic Shores South Wind Energy Facility Offshore of New Jersey 

Based on NMFS’s receipt of an application from Atlantic Shores Offshore Wind, LLC (Atlantic Shores), for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action proposes regulations to govern the unintentional taking of marine mammals incidental to construction activities for a commercial-scale offshore wind energy facility, located off the coast of New Jersey. Construction activities include: impact installation of monopile or jacket foundations for wind turbine generators (WTG), impact installation of monopile or jacket foundations for offshore sub-station (OSS); vibratory driving and removal of temporary cofferdams using sheet piles at the sea-to-shore transitions; site characterization surveys using a range of frequencies; impact installation of a permanent Meteorological Tower; the deployment of several metocean buoys; placement of scour protection; and export cable trenching, laying, and burial, and vessel use. The proposed regulations would set forth the permissible methods of taking, means of effecting the least practicable adverse impact on the affected species or stocks and their habitats (i.e., mitigation), 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 take 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; Atlantic Shores South 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  09/22/2023  88 FR 65430   
NPRM Comment Period End  10/23/2023 
Final Action  12/00/2023 
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