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

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

On Monday, January 22, 2024, NOAA Fisheries published the final incidental take regulations related to Dominion Energy’s Coastal Virginia Offshore Wind Commercial (CVOW-C) Project. 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 tomorrow.

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.


Marine Mammal Protection Act Incidental Take Program Contacts: Kelsey Potlock and Jaclyn Daly, Office of Protected Resources

Media: Contact GARFO Public Affairs

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