Under the LOA, issued pursuant to §§ 216.106 and 217.286, LOA Holder, and those persons it authorizes or funds to conduct activities on its behalf, may incidentally, but not intentionally, take marine mammals within the vicinity of BOEM Lease Area OCS-A 0512 Commercial Lease of Submerged Lands for Renewable Energy Development, along export cable routes, and at the two sea-to-shore transition points located at the South Brooklyn Marine Terminal, in Brooklyn, NY (Empire Wind 1), and Long Island, NY (Empire Wind 2), in the following ways, provided LOA Holder is in complete compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA:
(a) By Level B harassment associated with the acoustic disturbance of marine mammals by impact pile driving (WTG and OSS foundation installation), impact and vibratory pile driving during cable landfall and marina activities, and HRG site characterization surveys;
(b) By Level A harassment associated with the acoustic disturbance of marine mammals by impact pile driving of WTG and OSS foundations;
(c) Take by mortality (death) or serious injury of any marine mammal species is not authorized; and
(d) The incidental take of marine mammals by the activities listed in paragraphs (a) and (b) of this section is limited to the following species:
| Marine mammal species
| Scientific name
| Stock
|
|---|
| Fin whale | Balaenoptera physalus | Western North Atlantic.
|
| Humpback whale | Megaptera novaeangliae | Gulf of Maine.
|
| Minke whale | Balaenoptera acutorostrata | Canadian Eastern Coastal.
|
| North Atlantic right whale | Eubalaena glacialis | Western North Atlantic.
|
| Sei whale | Balaenoptera borealis | Nova Scotia.
|
| Atlantic spotted dolphin | Stenella frontalis | Western North Atlantic.
|
| Atlantic white-sided dolphin | Lagenorhynchus acutus | Western North Atlantic.
|
| Bottlenose dolphin | Tursiops truncatus | Western North Atlantic, offshore.
|
| Bottlenose dolphin | Tursiops truncatus | Western North Atlantic, coastal.
|
| Short-beaked common dolphin | Delphinus delphis | Western North Atlantic.
|
| Harbor porpoise | Phocoena phocoena | Gulf of Maine/Bay of Fundy.
|
| Long-finned pilot whale | Globicephala melas | Western North Atlantic.
|
| Short-finned pilot whale | Globicephala macrorhynchus | Western North Atlantic.
|
| Risso's dolphin | Grampus griseus | Western North Atlantic.
|
| Sperm whale | Physeter macrocephalus | North Atlantic.
|
| Gray seal | Halichoerus grypus | Western North Atlantic.
|
| Harbor seal | Phoca vitulina | Western North Atlantic.
|
| Harp seal | Pagophilus groenlandicus | Western North Atlantic. |