On February 14, 2024, NOAA Fisheries will publish the final incidental take regulations related to Empire Wind’s Empire Wind Project. The effective dates for these regulations are February 22, 2024 through February 21, 2029. The project would be located offshore New York within the New York Wind Energy Area, and under original power purchase agreements would provide an estimated 2,076 megawatts of power to New York.

Pursuant to the Marine Mammal Protection Act, these regulations will govern the “take” by harassment only, of small numbers of marine mammals exposed to elevated underwater noise generated by the project’s activities over a five-year period. NOAA Fisheries has determined the project activities and resulting take that may be authorized under the final rule, will have a negligible impact on all affected marine mammal species and stocks. No take by mortality, serious injury, or non-auditory injury is anticipated to occur, nor is it authorized under the final rule. NOAA Fisheries anticipates making a final decision regarding issuance of the associated Letter of Authorization on February 22, 2024.

As required by the MMPA, the final regulations include mandatory mitigation measures to be undertaken by the wind developer that ensure the “least practicable adverse impact” on marine mammals and their habitat, as well as monitoring and reporting measures to better understand those impacts. Impacts to a small number of North Atlantic right whales are expected to be limited to short-term behavioral disturbance (Level B harassment).

Documents associated with this final action will be available on our website tomorrow.

NOAA Fisheries is committed to careful review and use of the best available scientific information in satisfying the requirements of the Marine Mammal Protection Act.