Incidental Take Authorization: Atlantic Shores Offshore Wind Project 1, LLC's Construction of the Atlantic Shores Offshore Wind Energy Projects

NOAA Fisheries promulgates regulations to govern the incidental taking of marine mammals by Atlantic Shores Offshore Wind Project 1, LLC, the project company of the original applicant, Atlantic Shores Offshore Wind, LLC, a joint venture between EDF-RE Offshore Development LLC (a wholly owned subsidiary of EDF Renewables, Inc.) and Shell New Energies US LLC, during the construction of the Atlantic Shores South Project, an offshore wind energy project located in Federal and State waters offshore of New Jersey, specifically within the Bureau of Ocean Energy Management Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Areas OCS-A-0499 and OCS-A-0570 and along export cable routes to sea-to-shore transition points. The Project will be divided into 2 projects in 2 areas: Project 1 and Project 2, over the course of 5 years (January 1, 2025, through December 31, 2029). Of note, the proposed rule for this action named only OCS-A-0499 and the parent company, Atlantic Shores Offshore Wind LLC, with 2 subsidiaries who control each component of the Project (i.e., Project 1 is controlled by Atlantic Shores Offshore Wind Project 1, LLC, and Project 2 is controlled by Atlantic Shores Offshore Wind Project 2, LLC). However, after publication of the proposed rule, Atlantic Shores Offshore Wind LLC notified NOAA Fisheries that this rulemaking should be issued for Atlantic Shores Offshore Wind Project 1, LLC. Furthermore, Project Company 1 now maintains ownership of both Project 1 and Project 2, rather than 2 separate subsidiaries for each of Project 1 and Project 2. As a result of this, the applicant requested that the Letter of Authorization, if issued, be issued to Project Company 1, which would oversee the construction of both Project 1 and Project 2 (where the latter Project would be operated by “Atlantic Shores Offshore Wind Project 2, LLC”). These regulations, which allow for the issuance of a LOA for the incidental take of marine mammals during construction-related activities within the Project Area during the effective dates of the regulations, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat as well as requirements pertaining to the monitoring and reporting of such taking.

*Since publication of the Notice of Receipt of Application and proposed rulemaking, upon request from Atlantic Shores Offshore Wind, LLC (a joint venture between EDF-RE Offshore Development LLC (a wholly owned subsidiary of EDF Renewables, Inc.) and Shell New Energies US LLC), BOEM completed a lease segregation of Lease Area OCS-A-0499 resulting into two separate Lease Areas, OCS-A-0499 and OCS-A-0570. Additionally, Atlantic Shores changed ownership of the project to two subsidiaries. Atlantic Shores Offshore Wind Project 1, LLC retains OCS-A-0499 (Project 1) and a new subsidiary of Atlantic Shores Offshore Wind, LLC, named Atlantic Shores Offshore Wind Project 2, LLC, has acquired OCS-A-0570 (Project 2). Under the Lease segregation and name changes, Atlantic Shores Offshore Wind Project 1, LLC also maintains ownership of both Project 1 and Project 2.