[MARMAM] Final Incidental Take Regulations for the Coastal Virginia Offshore Wind Commercial (CVOW-C) Project, Offshore Virginia

Kelsey Potlock - NOAA Federal kelsey.potlock at noaa.gov
Mon Jan 22 05:49:32 PST 2024

Dear Colleagues,

On Monday, January 22, 2024, NOAA Fisheries will publish the final
incidental take regulations related to Dominion Energy’s Coastal Virginia
Offshore Wind Commercial (CVOW-C) Project
<https://www.boem.gov/renewable-energy/state-activities/CVOW-C>. The
effective dates for these regulations are February 5, 2024 through February
4, 2029. Under an agreement between the Commonwealth of Virginia and
Dominion Energy, the project is expected to deliver an estimated
2,500-3,000 megawatts of clean energy to Virginia.

Pursuant to the Marine Mammal Protection Act, these regulations will govern
the “take” of small numbers of marine mammals exposed to elevated
underwater noise generated by the project’s activities over a five-year
period. NOAA Fisheries has determined the take that may be authorized under
the final rule will have a negligible impact on all affected marine mammal
species and stocks.

No mortality, serious injury, or non-auditory injury is anticipated to
occur or authorized under the final rule. The final regulations include
mandatory mitigation measures such as seasonal restrictions, use of sound
attenuation devices, soft-starts and ramp-ups, visual and acoustic
monitoring, and implementation of clearance and shutdown zones that will be
undertaken by the wind developer that ensure the least practicable adverse
impact on marine mammals and their habitat. Monitoring and reporting
measures to better understand those impacts.

Impacts to a small number of North Atlantic right whales are expected to be
limited to short-term behavioral disturbance (Level B harassment). NOAA
Fisheries anticipates making a final decision regarding issuance of the
associated Letter of Authorization on February 5, 2024.

Documents associated with this final action will be available on our website

NOAA Fisheries is committed to careful review and use of the best available
scientific information in satisfying the requirements of the Marine Mammal
Protection Act.

Please feel free to contact me with any questions or concerns.

Thank you,


- - - - -
*Kelsey Potlock, M.Phil* *(she/her/hers)*
*Marine Resources Management Specialist*
MMPA Permits and Conservation Division
Office of Protected Resources
NOAA Fisheries <https://www.fisheries.noaa.gov/> | U.S. Department of

Google Voice Phone Number: (301) 427-8410

*kelsey.potlock at noaa.gov <kelsey.potlock at noaa.gov>*><((((º>·.¸.

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