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DOC/NOAA RIN: 0648-BM11 Publication ID: Fall 2023 
Title: Taking Marine Mammals Incidental to the South Coast Wind Energy Project 
Abstract:

Based on NMFS’ receipt of an application from SouthCoast Wind Energy, LLC (formerly Mayflower Wind) 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 the SouthCoast Wind Energy Project, to be located off the southern coast of Massachusetts, approximately 29.8 statute miles (mi) (26 nautical miles [nm], 48 kilometers [km]) south of Martha’s Vineyard and approximately 22.9 mi (20 nm, 37 km) south of Nantucket. Construction activities include: vibratory and impact driving of monopiles and pin piles for wind turbine generator (WTG) and offshore sub-station platform (OSP) foundations; 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 proposed regulations would 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.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 217   
Legal Authority: 16 U.S.C. 1361 et seq.   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2023 
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
Email: kimberly.damon-randall@noaa.gov