September 10, 2023 — The following was released by the NOAA Fisheries:
Today, NOAA Fisheries is issuing the final Biological Opinion under the Endangered Species Act (ESA) to the Bureau of Ocean Energy Management (BOEM) considering the effects of the proposed Empire Wind offshore energy project off the coast of New York on threatened and endangered species.
The agency has concluded that the proposed action is likely to adversely affect, but is not likely to jeopardize, the continued existence of any species of ESA-listed whales, sea turtles, or Atlantic sturgeon or destroy or adversely modify any designated critical habitat. This conclusion was based on NOAA Fisheries evaluation of BOEM’s analysis of the effects of this project on endangered and threatened species, and in consideration of the best scientific and commercial data available.
The proposed project includes a number of measures designed to minimize, monitor, and report effects to ESA-listed species, and additional measures are included through the Biological Opinion’s Incidental Take Statement. No serious injury or mortality of any ESA-listed whale is anticipated as a result of the proposed project. All effects to North Atlantic right whales will be limited to temporary behavioral disturbance.
NOAA Fisheries’ Office of Protected Resources is also proposing to issue regulations and an associated Letter of Authorization pursuant to the Marine Mammal Protection Act, which was evaluated through the Biological Opinion. A notice of the proposed regulations was published in April 2023.
Other authorizations or permits will be required from a number of other federal agencies. BOEM is the lead federal agency for approving the construction, operation, and decommissioning of the proposed Empire Wind offshore energy project.
We will continue working closely with BOEM and other federal agencies to ensure effects from the Empire Wind offshore energy project to NOAA Fisheries’ trust resources are minimized.
The Biological Opinion will be available online upon publication in our libraryin approximately 10 days.