BOEM anticipates NMFS will conclude the ESA consultation on February 16, 2024. This aligns with the updated permitting timetable provided to the Permitting Council as part of an Executive Director Determination (EDD) request in December. While this milestone did not need an EDD to be updated, it was included in the revised permitting timetable in the EDD request. BOEM received the EDD on Jan 12, 2024.

BOEM completed a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompassed all agency actions and milestone dates for the project, including this action. BOEM provided the Permitting Council with an updated permitting timetable on Dec 15, 2023 for all actions, including this milestone.

BOEM will complete a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. BOEM will provide the Permitting Council with an updated permitting timetable on Dec 15 for all actions, including this milestone.

BOEM will complete a review of the permitting timetable for this project with the cooperating agencies and in consultation with the project sponsor. The review encompasses all agency actions and milestone dates for the project, including this action. BOEM will provide the Permitting Council with an updated permitting timetable on Dec 15, 2023 for all actions, including this milestone.

Consultation package was submitted Sept 7, 2022 and deemed complete on June 15, 2023.

milestone is complete

On June 15, 2023, NMFS deemed the ESA consultation request package complete

On June 15, 2023 NMFS deemed the ESA consultation request package submitted complete.

BOEM undertook a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompassed all NEPA and associated agency actions and milestone dates for the project, including this action. The review culminated in a request from BOEM on April 11, 2023 for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. On May 10, 2023, the Executive Director made a determination to adjust the permitting timetable as requested, with the exception of this action. Because the Executive Director did not have enough time to make a decision more than 30 days in advance of the completion date of this action, as required under the FAST-Act (42 U.S.C. § 4370m-2(c)(2)(D)(ii)), this action was not modified through the ED Determination and instead followed the non-conformance protocol. The alternative completion date for this action, as set forth in the BOEM request to the Executive Director, was published on the dashboard. 

Milestone is complete

BOEM submitted the updated BA to NOAA on March 10, 2023. BOEM anticipates receiving comments from NOAA NMFS on or around April 7, 2023. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete. 

BOEM has delayed submittal of the updated BA to NOAA NMFS (anticipated for submittal on February 21, 2023) until information is received from the project sponsor in response to NOAA NMFS comments on the Marine Mammal Protection Act Letter of Authorization application updates and BOEM comments on the hydroacoustic analysis to ensure consistency among both ESA and MMPA processes. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete. 

BOEM has delayed submittal of the updated BA to NOAA NMFS (originally anticipated for submittal on December 23, 2022) until February 21, 2023. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.

BOEM is delaying submittal of the updated BA to NOAA NMFS (originally anticipated for submittal on December 23, 2022) and currently coordinating with NOAA NMFS regarding schedule implications. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.

On November 7, 2022, BOEM received comments from NOAA NMFS on the draft BA. BOEM is currently reviewing these comments. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.

On September 7, 2022, BOEM submitted the initial Biological Assessment (BA) to NOAA NMFS. BOEM is anticipating comments from NOAA NMFS on the BA by November 7, 2022. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.

On September 7, 2022, BOEM submitted the initial Biological Assessment (BA) to NOAA NMFS (concurrently with the preliminary draft Environmental Impact Statement for cooperating agency review) and requested Endangered Species Act (ESA) consultation with NOAA NMFS. Therefore, the milestone “ESA Consultation Request Package Submitted” was marked complete on September 7, 2022. Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will continue to submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation is complete.

BOEM missed the completion date for NOAA NMFS Milestone “ESA Consultation Request Package Submitted,” which was scheduled for completion on July 29, 2022, because BOEM did not timely receive confirmation of a delay in the delivery of the draft Biological Assessment (BA) from its third party contractor in order to request to revise the completion date prior to 30 days of the original completion date pursuant to 43 U.S.C. 4370m-2(c)(2)(D)(ii).   The delay in BOEM receiving the draft EFH assessment from its third-party contractor for the New England Wind Project has in turn resulted in a corresponding delay for the initiation of Endangered Species Act (ESA) Section 7 consultation with NOAA NMFS. Reasons for the third party contractor’s delay in delivering the draft BA to BOEM include delays in the National Environmental Policy Act process resulting from an extended alternatives development period, recent project modifications and additional information filed by the project sponsor, and revising the relevant information in the BA to be consistent with updated project information resulting from NOAA NMFS reviews of the project’s Marine Mammal Protection Act (MMPA) Letter of Authorization (LOA) Application.  Pursuant to 42 U.S.C. 4370m-2(c)(2)(F)(ii)(III), BOEM will submit to the Permitting Council Executive Director monthly reports on all BOEM activities related to ESA consultation with NOAA NMFS until the final milestone for ESA consultation (the affected environmental review or authorization) is complete.  BOEM currently estimates an alternate completion date of September 2, 2022.