NOAA Fisheries has received a request for five-year Incidental Take Regulations and an associated Letter of Authorization from Empire Offshore Wind, LLC (Empire Wind), a 50/50 joint venture between Equinor and BP p.l.c., for the incidental take of small numbers of marine mammals during the construction of the Empire Wind offshore wind energy facility in a designated lease area on the Outer Continental Shelf (OCS-A-0512) offshore of New York. The requested regulations would govern the authorization of take, by both Level A and Level B harassment, of small numbers of marine mammals over a 5-year period incidental to construction-related pile driving activities (impact and vibratory), and high-resolution geophysical (HRG) site characterization surveys conducted by Empire Wind in waters off of New York. These regulations propose to authorize the take of individuals by Level B harassment and, for some species, by Level A harassment incidental to the construction activities previously described. No mortality or serious injury is expected or proposed to be authorized. NOAA Fisheries’ proposed regulations would require mitigation measures that are expected to reduce adverse impacts to marine mammals, including operational measures that reduce the likelihood of injury and time/area limitations that reduce the probability and severity of behavioral disturbance. Required monitoring and reporting will increase our understanding of the impacts of the activity on marine mammals. The proposed rule can be accessed at the following link and will have a 30 day public comment period, starting on April 13, 2023 and ending May 15, 2023. https://www.fisheries.noaa.gov/action/incidental-take-authorization-empire-o... Please visit https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-m... for more information on NOAA Fisheries’ incidental take program under the MMPA. -- Rob Pauline Permits and Conservation Division Office of Protected Resources National Marine Fisheries Service 1315 East-West Highway, Silver Spring, MD 20910 (301) 427-8408