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DOC/NOAA RIN: 0648-BL96 Publication ID: Fall 2023 
Title: Taking Marine Mammals Incidental to the New England Wind Offshore Wind Farm 

Based on NMFS’ receipt of an application from Park City Wind, LLC 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 an offshore wind farm to be located approximately 32 kilometers (km) from the southwest corner of Martha’s Vineyard and approximately 38 km from Nantucket, Massachusetts. Construction activities include: impact and vibratory driving of foundation piles and drilling to install up to 130 wind turbine generators (WTG) and offshore sub-stations (OSS); potential detonations of unexploded ordnances (UXOs); 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.

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  06/08/2023  88 FR 37606   
NPRM Comment Period End  07/10/2023 
Final Action  02/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
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