On June, 20, 2024 NOAA Fisheries announced the final regulations to govern the incidental harassment of marine mammals related to the construction of the New England Wind Project offshore Massachusetts.
As required by the Marine Mammal Protection Act (MMPA), the final regulations include mandatory mitigation measures undertaken by the wind developer that will 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 result in the take of marine mammals, in the form of Level A (injury) and/or Level B (behavioral) harassment. Impacts to a small number of North Atlantic right whales are expected to be limited to short-term behavioral disturbance (Level B harassment).
No mortality or serious injury of any marine mammal species or stock is expected or would be allowed. NOAA Fisheries determined that the number and manner of take that may be authorized in a Letter of Authorization will have a negligible impact on all affected marine mammal species and stocks.
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 NOAA’s 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.