Feds to Issue Permit to Offshore Wind Co. to ‘Take’ a Few Endangered Whales During Construction in New Jersey

Shore News Network
Photo of dead whale that washed ashore in Brigantine. Photo by MMSC

ATLANTIC CITY, NJ – On Friday, September 22, NOAA Fisheries will initiate a 30-day public comment period for proposed regulations related to Atlantic Shores’ Atlantic Shores South Project. The offshore wind energy venture is slated to operate within the New Jersey Wind Energy Area and aims to provide clean energy to the state under Offshore Renewable Energy Certificates.

The federal governor claims construction related to offshore wind energy projects will not affect marine life. However, the take permit says those same companies can ‘take’ whales and dolphins affected by sonar mapping, which it also claims, are not affected by sonar mapping.

The regulations, developed under the Marine Mammal Protection Act, will address the “take” of small numbers of marine mammals over a five-year span due to underwater noise generated by the project’s activities.


NOAA Fisheries has received a request from Atlantic Shores Offshore Wind LLC, a joint venture between EDF-RE Offshore Development LLC (a wholly owned subsidiary of EDF Renewables, Inc.) and Shell New Energies US LLC, for Incidental Take Regulations and associated Letters of Authorization.

According to the NOAA, the requested regulations would govern the authorization of take, by Level A harassment and Level B harassment, of small numbers of marine mammals over the course of 5 years (2025 – 2029) incidental to the construction of Atlantic Shores South located offshore of New Jersey within the Bureau of Ocean Energy Management Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Area OCS-A 0499 and associated ECCs.

NOAA Fisheries claims it has provisionally found that the requested take will have a negligible effect on the impacted marine mammal species and stocks. The proposal outlines obligatory mitigation measures to minimize or prevent the impact on marine mammals and their habitats and includes mandates for monitoring and reporting to further understand these effects.

The public has the opportunity to weigh in on these proposed regulations from September 22 to October 23. Documents concerning this proposed action, as well as details on submitting a public comment, will be accessible on NOAA’s website.

This move aligns with NOAA’s ongoing efforts to responsibly advance the United States’ offshore wind energy capabilities while safeguarding protected marine resources and their habitats.

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