2025-01469NoticeWallet

Wind Farm Gets Whale-Safe Pass to Keep Spinning Offshore NY

Published Date: 1/22/2025

Notice

Summary

Empire Wind, LLC is getting an updated green light to keep building their offshore wind project near New York while protecting marine mammals. The changes improve safety rules for boats and sound monitoring but don’t increase harm to sea animals. This updated approval lasts until February 2029, keeping clean energy and ocean life in balance.

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Vessel-safety Exception for Transit

The LOA now allows Project vessels to deviate from the vessel strike avoidance requirement when oceanographic, hydrographic, or meteorological conditions restrict maneuverability so vessels can maintain safe maneuvering speed (LOA measure 3(b) and moved into 3(c)). This change is designed to prioritize safe vessel operation during construction activities covered by the LOA through February 21, 2029.

Reporting Timeline Revised for Bubble Curtains

NMFS revised the reporting timeline for bubble curtain performance and maintenance reports for piles that receive abbreviated sound field verification (SFV) monitoring (LOA measure 3(c)(7)(v)). This changes when monitoring contractors must submit bubble-curtain performance and maintenance information for the Project activities authorized under the LOA.

PAM Staffing and Protocols Delegated to PDMMP

The LOA now allows the Pile Driving Mitigation and Monitoring Plan (PDMMP) to specify the number and location of passive acoustic monitoring (PAM) operators and allows the PAM Plan to set PAM operator protocols instead of those specifics being fixed in the LOA (changes referenced in the request summary). These provisions let the Project's implementing plans set PAM staffing and operator procedures for permitted activities.

Hammer Energy and Soft-start Flexibility

NMFS modified LOA language on maximum hammer energies (3(c)(2)) and soft-start requirements (3(c)(4)) to provide additional flexibility for applying these requirements in the field during foundation pile driving. The adjustments are intended to give construction teams more practical options when performing pile-driving activities covered by the LOA.

PSO and PAM Qualification Requirements Clarified

NMFS clarified the experience qualification requirements for Protected Species Observers (PSOs) and PAM Operators in section 4(a) of the LOA for foundation installation, cable landfall/marina activities, and high-resolution geophysical (HRG) surveys. This affects how employers and contractors hire or qualify observers and PAM operators for Project activities.

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Key Dates

Effective Date
Published Date
1/16/2025
1/22/2025

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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