National Oceanic and Atmospheric Administration January 6, 2022 – Federal Register Recent Federal Regulation Documents

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to South Fork Wind, LLC (South Fork Wind) to take, by Level A harassment and Level B harassment, marine mammals during construction of a commercial wind energy project offshore New York, Rhode Island, and Massachusetts.

The New England Fishery Management Council (Council) is scheduling a public joint meeting of its Habitat Committee via webinar to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

NMFS received a request from [Oslash]rsted Wind Power North America, LLC, ([Oslash]rsted) for the Renewal of their 2020 IHA to take marine mammals incidental marine site characterization surveys, using high-resolution geophysical (HRG) equipment, in coastal waters from New York to Massachusetts. [Oslash]rsted is also planning to conduct marine site characterization surveys along one or more potential submarine export cable routes (ECRs). The activities for which [Oslash]rsted has requested a Renewal IHA are identical to those covered under the initial IHA, which expired on September 24, 2021. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the initial IHA in 2020, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The Renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed Renewal not previously provided during the initial 30-day comment period. If issued, the Renewal would be effective through September 24, 2022.