NOAA Fisheries is publishing the final incidental take regulations, pursuant to the Marine Mammal Protection Act, to govern the incidental harassment and killing of marine mammals related to the Sunrise Wind Project, offshore New York and within the Massachusetts and Rhode Island Wind Energy Area. These regulations are effective from June 21, 2024, through June 20, 2029.
These regulations, which allow for the issuance of a Letter of Authorization 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.
The incidental taking of marine mammals refers to the unintentional or accidental harming, harassing, capturing, or killing of marine mammals that occurs as a result of human activities. These activities may include coastal development, and renewable energy projects such as offshore wind farms.
The Marine Mammal Protection Act (MMPA) of 1972, enacted in the United States, prohibits the “taking” of marine mammals, which includes harassing, hunting, capturing, or killing them, without a permit. However, the MMPA does allow for the incidental taking of marine mammals under certain conditions, provided that measures are taken to minimize and mitigate the impacts on these animals.
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Because the architect did not design it that way.
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