NOAA Issuing Biological Opinion on the Coastal Virginia Offshore Wind Project

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NOAA Fisheries - New England - Mid Atlantic Bulletin

September 19, 2023

NOAA Issuing Biological Opinion on the Coastal Virginia Offshore Wind Project

NOAA Fisheries is issuing the final Biological Opinion under the Endangered Species Act (ESA) to the Bureau of Ocean Energy Management considering the effects of the proposed Coastal Virginia Offshore Wind (CVOW) project on threatened and endangered species. NOAA Fisheries has evaluated BOEM’s analysis of the effects of this project on endangered and threatened species, as well as the best scientific and commercial data available., and has concluded that the proposed action is likely to adversely affect, but is not likely to jeopardize, the continued existence of any species of ESA-listed whales, sea turtles, or fish or destroy or adversely modify any designated critical habitat. 

The proposed project includes a number of measures designed to minimize, monitor, and report effects to ESA-listed species, and additional measures are included through the Biological Opinion’s Incidental Take Statement to minimize the impact of any incidental take associated with the project. No injury or mortality of any ESA-listed whale is anticipated as a result of the proposed project. We do not expect any North Atlantic right whales to be exposed to increased sound levels that would result in injury. All effects to North Atlantic right whales will be limited to temporary behavioral disturbance. Additionally, no effects to the features of North Atlantic right whale critical habitat are anticipated.

BOEM is the lead federal agency for approving the construction, operation, and decommissioning of the proposed CVOW offshore energy project. NOAA Fisheries’ Office of Protected Resources is also proposing to issue regulations and an associated Letter of Authorization pursuant to the Marine Mammal Protection Act, which was evaluated through the Biological Opinion. Other authorizations or permits will be required from a number of other federal agencies.

We will continue working closely with BOEM and other federal agencies to ensure effects from the CVOW offshore energy project to NOAA Fisheries’ trust resources are minimized.

The Biological Opinion will be available online upon publication in our library in approximately 10 days.

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