Incidental Take Authorization: Avangrid Renewables, LLC's Construction of the New England Wind Offshore Wind Farm Project off of Massachusetts

NOAA Fisheries hereby promulgates regulations to govern the incidental taking of marine mammals by Avangrid Renewables, LLC, the parent company of the original applicant, Park City Wind, LLC*, during the construction of the New England Wind Project, an offshore wind energy project, developed in two phases, known as Park City Wind and Commonwealth Wind, in Federal and State waters off of Massachusetts, specifically within the Bureau of Ocean Energy Management Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Areas and the southwest portion of Lease Area OCS-A 0501 (collectively referred to as the Lease Area), and along an export cable routes to sea-to-shore transition points, over the course of 5 years (March 27, 2025, through March 26, 2030).The proposed rule for this action concerned only Lease Areas OCS-A 0534 and the SW portion of Lease Area OCS-A 0501. However, after publication of the proposed rule, Lease Area OCS-A 0534 was segregated into two portions: OCS-A 0534 and OCS-A 0561. Phase 1 remained with Park City Wind (OCS-A 0534) while phase 2 (OCS-A 0561) was assigned to a sister company named Commonwealth Wind, LLC (subsidiary of Avangrid). As a result of this, Park City Wind requested that the LOA, if issued, be issued to Avangrid, who would oversee the construction of the both phases of the Project by its two subsidiaries. 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.

*Since publication of the Notice of Receipt of Application and Proposed Rulemaking, upon request from Park City Wind, LLC (a subsidiary of Avangrid Renewables, LLC), BOEM completed a lease segregation of Lease Area OCS-A-0534 resulting into two separate Lease Areas, OCS-A-0534 and OCS-A-0561. Park City Wind, LLC retains ownership of OCS-A-0534 and a new subsidiary of Avangrid Renewables, LLC, named CommonWealth Wind, LLC, has acquired OCS-A-0561.