Incidental Take Authorization: Empire Offshore Wind, LLC Construction of the Empire Wind Project (EW1 and EW2) off of New York

NOAA Fisheries has received a request from Empire Offshore Wind, LLC (Empire Wind), a 50/50 joint venture between Equinor and BP p.l.c., for Incidental Take Regulations and an associated Letter of Authorization. The requested regulations would govern the authorization of take, by Level A harassment and/or Level B harassment, of small numbers of marine mammals over the course of 5 years (2024-2029) incidental to construction of the Empire Wind Project offshore New York in a designated lease area on the Outer Continental Shelf (OCS-A-512). Project activities likely to result in incidental take include impact pile driving, vibratory pile driving and removal, and site assessment surveys using high-resolution geophysical (HRG) equipment. The proposed regulations, if issued, would be effective January 22, 2024 through January 21, 2029.