Incidental Take Authorization: Revolution Wind, LLC Construction of the Revolution Wind Energy Facility Off of Rhode Island

Extension to the Public Comment Period

On December 23, 2022, NOAA Fisheries published a proposed rule, with a 30-day public comment period ending January 23, 2023, in response to Revolution Wind, LLC’s request for regulations and an associated Letter of Authorization. The proposed regulations would allow for the taking of marine mammals, by Level A harassment and Level B harassment, incidental to the Revolution Wind Offshore Wind Farm Project offshore of Rhode Island.

Proposed Rule

NOAA Fisheries has received a request from Revolution Wind, LLC, a 50/50 joint venture between Ørsted North America, Inc. and Eversource Investment, LLC, for Incidental Take Regulations (ITR) and an associated Letter of Authorization (LOA). 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 (2023-2028) incidental to construction of the Revolution Wind Offshore Wind Farm Project offshore of Rhode Island in a designated lease area on the Outer Continental Shelf (OCS-A-0486), within the Rhode Island Massachusetts Wind Energy Area. Project activities likely to result in incidental take include pile driving (impact and vibratory), potential unexploded ordnance detonation, and vessel-based site assessment surveys using high resolution geophysical equipment.

NOAA Fisheries requests comments on its proposed rule. We will consider public comments prior to making any final decision on the promulgation of the requested ITR and issuance of the LOA; agency responses to public comments will be summarized in the final notice of our decision. The proposed regulations would be effective October 5, 2023 - October 4, 2028.