Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) requires federal agencies to consult with NOAA Fisheries on any action or proposed action that may adversely affect Essential Fish Habitat (EFH).  EFH exists throughout all of the coastal and offshore areas affected by the Empire Wind project and associated transmission system.  The proposed action may adversely affect these resources, therefore EFH consultation is required.  Based on anticipated adverse impacts to EFH, an expanded consultation will be required.  The final consultation completion date is contingent upon NOAA Fisheries receiving sufficient information to initiate EFH consultation. Also note that NMFS has authorities under the Fish and Wildlife Coordination Act for this project.  NMFS expects the coordination and consultation under the Fish and Wildlife Coordination Act to be concurrent with the EFH consultation.