BILLING CODE 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE035]
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine
Mammals Incidental to the Sunrise Wind Offshore Wind Farm Project Offshore
New York
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of letter of authorization.
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as
amended, and implementing regulations, notification is hereby given that a Letter of
Authorization (LOA) has been issued to Sunrise Wind, LLC (Sunrise Wind), a 50/50
joint venture between Ørsted North America, Inc., (Ørsted) and Eversource Investment,
LLC, for the taking of marine mammals incidental to the construction of the Sunrise
Wind Offshore Wind Farm Project (hereafter known as the “Project”).
DATES: The LOA is effective from June 21, 2024, through June 20, 2029.
ADDRESSES: The LOA and supporting documentation are available online at:
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marinemammal-protection-act. In case of problems accessing these documents, please call the
contact listed below.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:

Background
The MMPA prohibits the “take” of marine mammals, with certain exceptions.
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary
of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens who engage in
a specified activity (other than commercial fishing) within a specified geographical
region if certain findings are made, regulations are promulgated (when applicable), and
public notice and an opportunity for public comment are provided.
An authorization for incidental taking shall be granted if NMFS finds that the
taking will have a negligible impact on the species or stock(s) and will not have an
unmitigable adverse impact on the availability of the species or stock(s) for taking for
subsistence uses (where relevant). If such findings are made, NMFS must prescribe the
permissible methods of taking; “other means of effecting the least practicable adverse
impact” on the affected species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on the availability of the
species or stocks for taking for certain subsistence uses (referred to as “mitigation”); and
requirements pertaining to the monitoring and reporting of such takings. The MMPA
defines “take” to mean harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or
kill any marine mammal (16 U.S.C. 1362(13); 50 CFR 216.103). Level A harassment is
defined as any act of pursuit, torment, or annoyance which has the potential to injure a
marine mammal or marine mammal stock in the wild (16 U.S.C. 1362(18); 50 CFR
216.3). Level B harassment is defined as any act of pursuit, torment, or annoyance which
has the potential to disturb a marine mammal or marine mammal stock in the wild by
causing disruption of behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering (16 U.S.C. 1362(18); 50 CFR 216.3).
Section 101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR part

216, subpart I authorize NMFS to propose and, if appropriate, promulgate regulations and
issue associated LOA(s).
On May 22, 2024, NMFS promulgated a final rule (89 FR 45292) responding to a
request from Sunrise Wind for authorization to take small numbers of marine mammals
(16 species comprising 16 stocks) by Level B harassment (all 16 stocks) and by Level A
harassment (7 of the 16 stocks) incidental to select construction activities occurring in
Federal and State waters off of New York, specifically within and around the Bureau of
Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for
Renewable Energy Development on the Outer Continental Shelf (OCS) Lease Area OCSA 0487 (Lease Area) and along one export cable route to sea-to-shore transition points
over the course of 5 years (June 21, 2024, through June 20, 2029). The specified
activities are impact pile driving wind turbine generators (WTGs) on monopile
foundations and a single offshore converter substation (OCS-DC) on a jacket foundation
using pin piles; pneumatic hammering for installation and removal of temporary casing
pipes and vibratory pile driving for installation and removal of temporary goal post and
sheet piles at the cable landfall site in Shirley, New York; impact and vibratory pile
driving associated with the Smith Point County Park temporary pier; detonating up to
three unexploded ordnance or munitions and explosives of concern (UXO/MEC) of
different charge weights; high-resolution geophysical (HRG) marine site characterization
surveys using active acoustic sources; trenching, laying, and burial activities associated
with the installation of the export cable route from the OCS-DC to the shore-based
converter station and inter-array cables between turbines; fishery and ecological
monitoring surveys; the placement of scour protection; vessel transit within the specified
geographical region to transport crew, supplies, and materials; and WTG operation.
Marine mammals exposed to elevated noise levels during foundation pile driving
and/or UXO/MEC detonation, may be taken by Level A harassment (limited to fin

whales, humpback whales, sei whales, minke whale, harbor porpoise, gray seal, and
harbor seal) and Level B harassment (all 16 species), and marine mammals exposed to
elevated noise levels during impact and vibratory pile driving during foundation
installation, cable landfall construction, pier construction activities, and site
characterization surveys may be taken by Level B harassment. For reasons described in
the final rule, no mortality or serious injury of any marine mammal is anticipated to occur
or authorized. Further, for reasons described in the final rule, no take by Level A
harassment of several species, including the North Atlantic right whale, is expected to
occur or authorized.
Authorization
In accordance with the final rule (89 FR 45292, May 22, 2024; see 50 CFR
217.316), we have issued a LOA to Sunrise Wind authorizing the take, by harassment, of
marine mammals incidental to specified activities within the specified geographical
region. As previously stated, no mortality or serious injury of any marine mammal
species is anticipated to occur or authorized. The incidental takes authorized herein are
the same as those analyzed in the final rule (89 FR 45292, May 22, 2024). Takes of
marine mammals will be minimized through the following planned mitigation and
monitoring measures, as applicable for each specified activity: (1) implementation of
spatio-temporal work restrictions; (2) use of multiple NMFS-approved Protected Species
Observers (PSOs) to visually observe for marine mammals (with any detection within
specifically designated zones triggering a delay or shutdown, as applicable); (3) use of
NMFS-approved passive acoustic monitoring (PAM) operators to acoustically detect
marine mammals during foundation pile driving, with a focus on detecting baleen whales
(with any detection within designated zones triggering a delay or shutdown, as
applicable); (4) implementation of clearance and shutdown zones; (5) use of soft-start
prior to the start of foundation impact pile driving; (6) use of noise attenuation

technology; (7) use of situational awareness monitoring for marine mammal presence; (8)
conducting sound field verification during foundation installation and UXO/MEC
detonation; (9) use of ramp-up acoustic sources during HRG surveys; and (10)
implementation of several vessel strike avoidance measures (e.g., speed and separation
distance measures) to reduce the risk of a vessel interaction with a marine mammal.
Additionally, Sunrise Wind is required to submit reports frequently to NMFS.
Through adaptive management, NMFS may modify the LOA’s mitigation, monitoring, or
reporting measures, based on new information, when appropriate.
As described in the preamble of the final rule, NMFS has determined that the take
authorized in the LOA is of small numbers of marine mammals, will have a negligible
impact on marine mammal stocks, will not have an unmitigable adverse impact on the
availability of the affected marine mammal stock for subsistence uses, and the mitigation
measures provide a means of affecting the least practicable adverse impact on the
affected stocks and their habitat.
Dated: June 24, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024-14156 Filed: 6/26/2024 8:45 am; Publication Date: 6/27/2024]