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Based on NMFS’s receipt of an application from Equinor for incidental take regulations and a Letter of Authorization (LOA) under the Marine Mammal Protection Act, this action governs regulations to govern the unintentional taking of marine mammals incidental to construction activities for an offshore wind energy facility, located off the coast of New York. Construction activities include: impact installation of monopiles for wind turbine generators (WTG) foundations and offshore sub-station (OSS) foundations; vibratory driving and removal of temporary cofferdams to support horizontal directional drilling; site characterization surveys using a range of frequencies; and 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 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.