Final Incidental Take Regulations for the Sunrise Wind Project, Offshore New York

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NOAA Fisheries - New England - Mid Atlantic Bulletin

May 21, 2024

Final Incidental Take Regulations for the Sunrise Wind Project, Offshore New York

On May 21, 2024, NOAA Fisheries announced the final regulations to govern the incidental harassment of marine mammals related to the construction of the Sunrise Wind Project, offshore New York, and within the Massachusetts and Rhode Island Wind Energy Area.

As required by the Marine Mammal Protection Act, the final regulations include mandatory mitigation measures 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.

NOAA Fisheries determined that underwater noise generated by the project’s activities over a five-year period may harass marine mammals. NOAA Fisheries determined that the number and manner of “take,” in the form of harassment, that may be authorized in a Letter of Authorization, will have a negligible impact on all affected marine mammal species and stocks. Impacts to a small number of North Atlantic right whales are expected to be limited to short-term behavioral disturbance (Level B harassment).

This regulatory action is part of NOAA’s ongoing work to ensure the nation’s deployment of offshore wind energy is done in a manner that avoids and minimizes impacts to protected resources and their habitats.

Documents associated with this final action are available on our website.

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.


Media: Contact NOAA Fisheries Public Affairs