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FAST-41 Missed Date:Marine Mammal Protection Act (MMPA) Incidental Take Authorization (DOC – NOAA/NMFS): Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action)

Submitted by Anonymous on

Agency Milestone Date of 10/19/2022 for Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action) has passed by 1 business days

Action
Project Name:
SouthCoast Wind Energy LLC (SouthCoast Wind)
Responsible Agency:
National Oceanic and Atmospheric Administration
Agency Status: Cooperating under FAST-41
Cooperating under NEPA
Status:
In Progress
POC Name:
Jaclyn Daly
POC Email:
jaclyn.daly@noaa.gov

Milestones:

ITA Application Submitted (Applicant Action)
Completed Date:
NOAA Determines ITA Application is Complete (Applicant Action)
Completed Date:
Milestone Details

This date is based on the applicant submitting an initial, draft LOA application to NMFS at least 6 months prior to ensure time for the applicant to provide additional information or make revisions that NMFS indicates are necessary in order to deem the application adequate and complete.  The date reflects 6-8 months prior to release of the proposed rule or concurrent with cooperating agency review of DEIS (whichever is earlier ).

Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action)
Current Target Date:
Milestone Details

This date is 30 days after receipt of an adequate and complete application. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.

Publish Proposed ITA in Federal Register (Agency Action)
  • Environmental Impact Statement (EIS) : Official Notice of Availability of a Draft EIS published in the Federal Register (FR) beginning both the public comment period and concurrent CAA Section 309 Review (Agency Action)
    - Completed Date: 02/17/2023
  • Monthly Status Report for June 2025:
    On January 20, 2025, President Trump issued a Presidential Memorandum entitled "Temporary Withdrawal Of All Areas On The Outer Continental Shelf From Offshore Wind Leasing And Review Of The Federal Government's Leasing And Permitting Practices For Wind Projects." In that Presidential Memorandum, the President stated that heads of relevant agencies "shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices."  The milestone date for the MMPA final rule had previously been extended three months to May 27, 2025 to allow time to complete the final rule. In addition, the final MMPA milestone had also been shifted by 3 months to June 26, 2025 to allow for the 30-day rule cooling off period between publication of the final rule and issuance of the ITA decision. Because promulgation of regulations and issuance of an ITA are subject to completion of the comprehensive assessment and review required by the Presidential Memorandum in May 2025, NMFS shifted the final MMPA milestones another 4 months, extending the publication of the final rule to September 29, 2025 and issuance of the ITA decision to October 29, 2025. NMFS may need to revisit the MMPA schedule again, depending on the timing and conclusions of the comprehensive assessment.
  • Monthly Status Report for May 2025:
    On January 20, 2025, President Trump issued an executive order entitled "Temporary Withdrawal Of All Areas On The Outer Continental Shelf From Offshore Wind Leasing And Review Of The Federal Government's Leasing And Permitting Practices For Wind Projects." In that EO, the President stated that the Department of Commerce "shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices."  The milestone date for the MMPA final rule had previously been extended three months to May 27, 2025 to allow time to complete the final rule. In addition, the final MMPA milestone had also been shifted by 3 months to June 26, 2025 to allow for the 30-day rule cooling off period between publication of the final rule and issuance of the ITA decision. However, NMFS is still waiting on information about timing of the comprehensive assessment and review required by the January 20 Executive Order. Therefore, NMFS shifted the final MMPA milestones another 4 months, extending the publication of the final rule to September 29, 2025 and issuance of the ITA decision to October 29, 2025, to allow time for completion of the assessment. NMFS may need to revisit the MMPA schedule again, depending on the final timing of completion of the comprehensive assessment and any decision to lift the pause on offshore wind approvals and permits. 
  • Monthly Status Report for April 2025:
    On January 20, 2025, President Trump issued an executive order entitled "Temporary Withdrawal Of All Areas On The Outer Continental Shelf From Offshore Wind Leasing And Review Of The Federal Government's Leasing And Permitting Practices For Wind Projects." In that EO, the President stated that the Department of Commerce "shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices." The milestone date for the final rule had been extended three months to allow time to complete the final rule. In addition, the final MMPA milestone has also been shifted by 3 months to allow for the 30-day rule cooling off period between publication of the final rule and issuance of the ITA decision. The new milestone target dates for the final rule and ITA decision are May 26, 2025 and June 25, 2025, respectively. However, these dates need to be revisited, to give time for the completion of the comprehensive assessment and review required by the January 20 Executive Order. NMFS will revise the remaining MMPA milestones in coordination with BOEM based on the expected timing of that assessment. 
  • Monthly Status Report for March 2025:
    On January 20, 2025, President Trump issued an executive order entitled "Temporary Withdrawal Of All Areas On The Outer Continental Shelf From Offshore Wind Leasing And Review Of The Federal Government's Leasing And Permitting Practices For Wind Projects." In that EO, the President stated that the Department of Commerce "shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices." The milestone date for the final rule had been extended three months to allow time to complete the final rule. In addition, the final MMPA milestone has also been shifted by 3 months to allow for the 30-day rule cooling off period between publication of the final rule and issuance of the ITA decision. The new milestone target dates for the final rule and ITA decision are May 26, 2025 and June 25, 2025, respectively. However, these dates may need to be revisited, depending on timing of the comprehensive assessment and review required by the January 20 Executive Order.
  • Monthly Status Report for February 2025:
    On January 20, 2025, President Trump issued an executive order entitled "Temporary Withdrawal Of All Areas On The Outer Continental Shelf From Offshore Wind Leasing And Review Of The Federal Government's Leasing And Permitting Practices For Wind Projects." In that EO, the President stated that the Department of Commerce "shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices." Consequently, the milestone date for the final rule has been extended three months to allow time to complete the final rule. In addition, the final MMPA milestone has also been shifted by 3 months to allow for the 30-day rule cooling off period between publication of the final rule and issuance of the ITA decision. The new milestone target dates for the final rule and ITA decision are May 26, 2025 and June 25, 2025, respectively. However, these dates may need to be revisited, depending on timing of the comprehensive assessment and review required by the January 20 Executive Order. 
  • Monthly Status Report for January 2025:
    The public comment period for the proposed rule closed on July 29, 2024 for the SouthCoast Offshore Wind project. On November 7, 2024 the NMFS Greater Atlantic Field Office (GARFO) published the Biological Opinion (BiOp), which predicted take of North Atlantic right whales via impacts on prey aggregations from turbine presence. This take was not proposed, nor analyzed, in the MMPA proposed rule. The NMFS Office of Protected Resources (OPR) requires additional time to analyze and address these impacts in the MMPA final rule.  Additionally, on January 20, 2025, President Trump issued an executive order entitled "Temporary Withdrawal Of All Areas On The Outer Continental Shelf From Offshore Wind Leasing And Review Of The Federal Government's Leasing And Permitting Practices For Wind Projects." In that EO, the President stated that the Department of Commerce "shall not issue new or renewed approvals, rights of way, permits, leases, or loans for onshore or offshore wind projects pending the completion of a comprehensive assessment and review of Federal wind leasing and permitting practices."  Consequently, the milestone date for the final rule has been extended three months to allow time to complete the final rule. In addition, the final MMPA milestone has also been shifted by 3 months to allow for the 30-day rule cooling off period between publication of the final rule and issuance of the ITA decision. The new milestone target dates for the final rule and ITA decision are May 26, 2025 and June 25, 2025, respectively. However, these dates may need to be revisited depending on timing of the comprehensive assessment and review required by the January 20 Executive Order.
  • Monthly Status Report for December 2024:
    The public comment period for the proposed rule closed on July 29, 2024.  NMFS is preparing responses and developing the final rule for publication on February 25, 2025 and issuance of the ITA decision on March 27, 2025.  
  • Monthly Status Report for November 2024:
    The public comment period for the proposed rule closed on July 29, 2024.  NMFS is preparing responses and developing the final rule for publication on February 25, 2025. Issuance of the ITA decision is scheduled for March 27, 2025.
  • Monthly Status Report for October 2024:
    The public comment period for the proposed rule closed on July 29, 2024.  NMFS is preparing responses and developing the final rule for publication on February 25, 2025 and issuance of the ITA decision on March 27, 2025.
  • Monthly Status Report for September 2024:
    The public comment period for the proposed rule closed on July 29, 2024.  NMFS is preparing responses and developing the final rule for publication on February 25, 2025 and issuance of the ITA decision on March 27, 2025.
  • Monthly Status Report for August 2024:
    The public comment period for the proposed rule closed on July 29, 2024.  NMFS is preparing responses for publication of the final incidental take regulations on February 25, 2025 and issuance of the ITA decision on March 27, 2025.
  • Monthly Status Report for July 2024:
    The public comment period for the proposed rule closes on July 29, 2024.  NMFS will be reviewing public comments and preparing responses for publication of the final incidental take regulations on February 25, 2025 and issuance of the ITA decision on March 27, 2025.  
  • Monthly Status Report for June 2024:
    The Proposed Rule has been published and is open for a 30-day public comment period. NMFS will begin addressing comments after the comment period ends. NMFS will be working toward publication of the Final Rule on 2/25/25 and issuance of the ITA decision on 3/27/25.  
  • Monthly Status Report for May 2024:
    NMFS is still on schedule for publication of the Proposed Rule in the FR on 6/24/24; publish the Final ITA Regulation in the FR on 2/25/25; and issue the ITA decision on 3/27/25  
  • Monthly Status Report for April 2024:
    NMFS underwent further coordination and is currently working toward the latest schedule, which is to publish the Proposed Rule in the FR on 6/24/24; publish the Final ITA Regulation in the FR on 2/25/25; and issue the ITA decision on 3/27/25
  • Monthly Status Report for March 2024:
    NOAA Fisheries has taken part in several convening meetings with FPISC, other cooperating agencies, BOEM, and the project sponsor to explain the latest schedule.  As of March, extensive coordination is ongoing and the previously proposed dates for publication of the Proposed Rule; publishing the Final ITA regulations; and issuing the ITA decision are under review to determine the final dates and update the Dashboard.
  • Monthly Status Report for February 2024:
    NOAA Fisheries previously provided revised milestones to BOEM on 12/9/23 and a convening meeting was held to discuss the overall project schedule on 2/1/24. After the convening meeting, BOEM reached out to cooperating agencies regarding the schedule and further coordination was undertaken.  However, the MMPA milestone dates remain unchanged from the previous discussion, as NOAA Fisheries has shortened the timeframe for the MMPA process as much as possible.  NOAA Fisheries is currently working toward publication of the Proposed Rule on 7/8/24; publishing the Final ITA regulations on 3/11/25; and issuing the ITA decision on 4/10/25.
  • Monthly Status Report for January 2024:
    On 12/4/23 BOEM provided a revised preliminary schedule for the SouthCoast Wind Project, based on assumptions of when the developer will submit a complete MMPA application and updated COP.  BOEM requested cooperating agencies review the proposed schedule and update/confirm milestones by 12/11/23. After extensive coordination with BOEM and the project sponsor, NMFS provided revised milestones to BOEM on 12/9/23 and a convening meeting with the project sponsor to discuss the schedule is being scheduled.
  • Monthly Status Report for December 2023:
    Coordination with the project sponsor has been ongoing, and a meeting was held on December 1, 2023 regarding their latest counter proposal to mitigation and monitoring measures provided by NMFS.  On December 4, 2023, SouthCoast sent a revised MMPA application to NMFS. Also on 12/4, BOEM sent a document that identifies a revised NEPA and COP schedule for BOEM, and requested that other agencies/programs populate their revised schedules by December 11. NMFS believes we are close to a resolution that would allow us to move forward with development of the proposed rule, and a revised schedule is currently being coordinated with BOEM.
  • Monthly Status Report for November 2023:
    After ongoing discussion and coordination with the project sponsor throughout October, NMFS provided a counter proposal to South Coast on 11/9/23 and scheduled a follow up meeting to discuss a path forward.  South Coast provided another counter proposal on 11/15/23 rejecting some of NMFS proposed enhanced monitoring and mitigation measures. NMFS continues coordination with the SouthCoast on their counter proposal and another meeting is scheduled on 12/1/23 for further discussion. 
  • Monthly Status Report for October 2023:
    On 9/22/23, South Coast provided a revised monitoring and mitigation plan to NMFS for consideration. Continued discussion and coordination with South Coast regarding the proposal is ongoing. 
  • Monthly Status Report for September 2023:
    In July, NMFS provided SouthCoast with information emphasizing that the mitigation and monitoring plan we previously proposed remained applicable.  We also requested a meeting with SouthCoast to discuss this and the project schedule.  NMFS met with SouthCoast in early August to discuss their concerns with the mitigation and monitoring plan and the overarching project schedule, and asked when SouthCoast will provide the outstanding information NMFS previously requested.  Despite extensive discussion, SouthCoast did not provide a date by which they will submit the revised application, nor were they prepared to accept NMFS's proposed mitigation and monitoring plan.  In late August, SouthCoast indicated that they intended to submit a revised mitigation and monitoring plan to NMFS for review by September 1, followed by an application reflecting updates after approval of such plan.  SouthCoast has not yet provided a revised mitigation and monitoring plan, despite their stated intention to do so by September 1.  NMFS has requested a meeting with SouthCoast in mid-September to discuss their pile driving installation schedule and mitigation and monitoring plan, assuming NMFS receives it for review in the first week of September.  When NMFS receives information from SouthCoast about when they will submit the needed information, we will be able to determine a revised schedule. 
  • Monthly Status Report for August 2023:
    In July, NMFS provided SouthCoast with information emphasizing that the mitigation and monitoring plan we previously proposed remained applicable.  We also requested a meeting with SouthCoast to discuss this and the project schedule.  NMFS met with SouthCoast in early August to discuss their concerns with the mitigation and monitoring plan and the overarching project schedule, and asked when SouthCoast will provide the outstanding information NMFS previously requested.  Despite extensive discussion, SouthCoast did not provide a date by which they will submit the revised application, nor were they prepared to accept NMFS's proposed mitigation and monitoring plan.  In late August, SouthCoast indicated that they intended to submit a revised mitigation and monitoring plan to NMFS for review by September 1, followed by an application reflecting updates after approval of such plan.  SouthCoast has not yet provided a revised mitigation and monitoring plan, despite their stated intention to do so by September 1.  
  • Monthly Status Report for July 2023:
    In July, NMFS provided SouthCoast with information emphasizing that the mitigation and monitoring plan we previously proposed remained applicable.  We also requested a meeting with SouthCoast to discuss this and the project schedule.  
  • Monthly Status Report for June 2023:
    BOEM is undertaking a comprehensive review of the permitting timetable for this project with the cooperating agencies and project sponsor. The review encompasses all NEPA and associated agency actions and milestone dates for the project, including this action. The review will result in a request from BOEM to FPISC for an Executive Director Determination to update interim and final completion dates for multiple actions, including this action. 
  • Non-conformance Explanation:
    SouthCoast has indicated they can not accept NMFS mitigation recommendations that would allow us to issue a proposed rule. SouthCoast has also not submitted an alternative plan that would alleviate our concerns, and NMFS continues to work with the developer to try to reach an agreement. SouthCoast had previously requested we push the schedule no more than 30 days at a time until a solution is agreed upon, so NMFS is continuing that discussion and will revise the schedule as needed until there is resolution.
Current Target Date:
Milestone Details

This date is 8 months after the adequate and complete application is received, after the DEIS is released for public comment, and aligns with the schedule to complete ESA consultation. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the Notice of Receipt, and the ability of NMFS to preliminarily make the required findings.

Publish Final ITA Regulations in Federal Register (LOA Only) (Agency Action)
Current Target Date:
Milestone Details

This date reflects no less than six months after publishing the proposed regulations and is contingent upon issuance of the Biological Opinion, FEIS and Record of Decision. NOAA’s ability to meet this schedule is contingent upon receipt of required information from the applicant, the extent and nature of public comments received on the proposed ITA, and the ability of NMFS to make the required findings.  This date reflects 60 days after the ROD date.

ITA decision rendered (Agency Action)
Current Target Date:
Milestone Details


This date reflects no less than 30 days after publishing the final regulations, and no later than 90 days following the issuance of the Record of Decision for the action.  NOAA’s ability to meet this schedule is contingent upon the issuance of the final regulations.


View Action's Modification History

Milestone
Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action)
Current Target Date:
Milestone Details

This date is 30 days after receipt of an adequate and complete application. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.

Project

PROJECT WEBSITE: https://mayflowerwind.com/

All dates below are specific to the schedule of the Environmental Review and Permitting processes for this project.

In Progress

ENVIRONMENTAL REVIEW AND PERMITTING STATUS
IN PROGRESS

icon_calendar

ESTIMATED COMPLETION DATE OF ENVIRONMENTAL REVIEW AND PERMITTING
10/29/2025

7 out of 10

ENVIRONMENTAL REVIEW AND PERMITTING PROCESSES
COMPLETED

Renewable Energy Production

SECTOR
Renewable Energy Production

Project Category

CATEGORY
Project Category FAST-41 Covered Projects

Department of the Interior

LEAD AGENCY
Department of the Interior, Bureau of Ocean Energy Management

View FAST-41 Postings by Agencies

Other Agencies with Actions or Authorizations:

Department of Commerce

Department of Commerce, National Oceanic and Atmospheric Administration

Department of the Army

Department of the Army, US Army Corps of Engineers - Regulatory

Department of the Interior

Department of the Interior, Fish and Wildlife Service

Environmental Protection Agency

Environmental Protection Agency

Description:

The purpose of the Mayflower Wind Project is to provide clean, renewable wind energy to the Northeast United States, including to Massachusetts. Mayflower Wind will support reliability in Massachusetts and in the New England region, while meeting the Commonwealth’s statutory need for renewable/clean energy. The Mayflower Wind Project also supports the federal need of grid reliability, as set forth the Federal Power Act in Section 215. Out of the 6.7 million people living in Massachusetts, nearly 5.1 million people live along coastal areas of the state. Offshore wind projects like Mayflower Wind can provide a localized energy source to coastal populations.

The Environmental Review and Permitting Status of this project will be changed to "In Progress" once the Notice of Intent to prepare an Environmental Impact Statement (EIS) has been issued.

field_status
Approved
System Comments
Agency Milestone Date of 10/19/2022 for Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action) has passed by 1 business days
Approver Comments
Exempted due to milestone being marked complete by action agency two days early.
Previous Action Status
In Progress
New Action Status
In Progress
Missed Date Process
No
Missed Date Triggered by Extension
No
New Milestone
Publish Notice of Receipt in Federal Register (LOA Only) (Agency Action)
Current Target Date:
Milestone Details

This date is 30 days after receipt of an adequate and complete application. NOAA’s ability to meet this schedule is contingent upon receipt of an adequate and complete application from the applicant.

Response Date
Reporting Agency
National Oceanic and Atmospheric Administration