January 7, 2023 — US Wind has submitted a request for Incidental Take Regulations to the National Oceanic and Atmospheric Administration in regards to construction of the Maryland Offshore Wind Project.
The regulations would govern the authorization of take of a small number of 19 species of marine mammals. A “small number” is considered less than one-third of estimated populations in the area, though specific small numbers are not defined. According to NOAA, take is harassing, hunting, capturing or killing any marine mammal, or attempting to do so. Though intentional take is prohibited, incidental take of small numbers can be allowed through an application process.
Actions of take can include negligent or intentional operation of an aircraft or boat, detaining marine mammals and other acts which result in disturbing them. Take can occur through acts with the potential to injure these animals in the wild, classified as level A harassment, or potential to disturb behavioral patterns like breathing, migration, breeding and sheltering, which are classified as level B harassment.