Cooperating under NEPA
Description:
The Marine Mammal Protection Act (MMPA) prohibits "take" of marine mammals with certain exceptions. An incidental take authorization, which may be issued provided certain findings are made, allows for the "take" of marine mammals provided the authorized entity abides by mitigation and monitoring measures and take limits established in the authorization. The project proponent has communicated to NMFS that the activity may result in the incidental “take" of marine mammals and has expressed plans to submit a request for an MMPA incidental take authorization. Based on initial feedback from the applicant, we anticipate the incidental take authorization under the MMPA for this project will be a letter of authorization.
This permitting timetable for the Sunrise Wind Project reflects the best estimates of the agencies based on past singular offshore wind projects, but is likely to vary, depending on the receipt of sufficient required information from the project sponsor, and the number and timing of concurrent projects.
Milestones:
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).
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.
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Environmental Impact Statement (EIS)
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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: 12/16/2022
This date is 6-8 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.
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Environmental Impact Statement (EIS)
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Official Notice of Availability of a Final EIS published in the FR beginning both the public review period and concurrent CAA Section 309 Review (Agency Action)
- Completed Date: 10/20/2023 -
Endangered Species Act Consultation (NOAA-NMFS)
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ESA Consultation Concludes (Agency Action)
- Completed Date: 07/17/2023 -
Environmental Impact Statement (EIS)
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Issuance of Lead Agency Record of Decision (Agency Action)
- Completed Date: 12/04/2023
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Monthly Status Report for June 2024:NMFS is still on schedule for publication of the Final ITA Regulation in the FR on 5/22/24 and issuance of the ITA decision on 6/21/24.
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Monthly Status Report for May 2024:The final rule is in process for publication in the Federal Register by the milestone date of May 22 and there are no foreseen delays. Issuance of the ITA decision will be 30 days after publication of the final ITA regulations.
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Monthly Status Report for April 2024:NMFS is on track for publication of the Final ITA Regulation in the FR on 5/22/24 and issuance of the ITA decision on 6/21/24.
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Monthly Status Report for March 2024:The publication of the final ITA regulations in the FR is planned for 5/22/24. Preparation of the final rule is underway, and NOAA Fisheries anticipates meeting that target milestone completion date.
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Monthly Status Report for February 2024:NOAA Fisheries remains on track to meet the milestones provided in January to BOEM to accommodate their latest revised EIS/ROD schedule.
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Non-conformance Explanation:On November 29, 2023, BOEM notified NOAA Fisheries of the need to extend their ROD date from December 4, 2023, to February 29, 2024, stating this revision was to allow time for completion of the Section 106 consultation. As the milestone date for publication of the final ITA regulations was February 2, 2024, and is dependent on publication of the ROD, NOAA Fisheries provided revised milestone dates for the final two MMPA milestones (publication of the final ITA regulations and ITA Decision Rendered) the following day, November 30, 2023. The revised MMPA milestones moved the milestone for publication of the final ITA regulations from 2/2/24 to 4/29/24 (an 87-day shift) to accommodate the revised ROD date. NOAA Fisheries notified BOEM of the revised MMPA dates as soon as possible after being notified of the ROD date changes. However, due to additional work to address concerns with the overall project schedule, BOEM did not submit the notification of revised milestone dates to the Permitting Council at that time, and the NOAA Fisheries’ milestone updates were not published. Therefore, the scheduled date for publication of the final ITA regulations remained February 2, 2024, on the public facing side of the Permitting Dashboard. BOEM informed NOAA Fisheries of the need to update the ROD schedule again on January 9, 2024, which was then within the 30-day lockout period for revising the milestone for publication of the final ITA regulations. NOAA Fisheries again coordinated revised MMPA milestone dates with BOEM to accommodate the newly revised ROD dates. However, the nonconformance protocol was triggered for the MMPA action because this occurred within 30-days of the February 2, 2024, milestone date. The MMPA alternative completion dates were published to the dashboard on January 26, 2024.
This date reflects no less than six months after publishing the proposed regulations, no sooner than 60 days after the Record of Decision (ROD), and is contingent upon issuance of the Biological Opinion, FEIS and ROD. 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 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.