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By Learn Laws®
Published 11/06/2026 Updated 11/06/2026

Rutgers University Applies for Federal Permit to Study Cetaceans Near New Jersey Offshore Wind Sites


The National Marine Fisheries Service published a notice in the Federal Register announcing the receipt of a permit application from Rutgers University. The application seeks authorization to conduct scientific research on cetaceans under the authority of the Marine Mammal Protection Act and the Endangered Species Act. The public comment period for this application remains open through December 7, 2026.

Research Scope and Target Species

The applicant, represented by responsible party John Wiedenmann, Ph.D., proposes to assess the habitat use and behavior of baleen whales in planned offshore wind construction sites and shipping areas off the coast of New Jersey. The primary focus of the research centers on humpback whales and endangered fin whales. Under the requested five-year permit, researchers may take up to 85 whales annually from these target species during vessel surveys. Research methodologies include direct observations, photo-identification, video recording, and tagging utilizing both dart or barb methods and deep-implant techniques.

In addition to targeted species, the research protocol acknowledges that minke whales, short-beaked common dolphins, and the critically endangered North Atlantic right whales may be unintentionally harassed during operations. The permit application accounts for these incidental interactions, allowing for opportunistic study of these non-target marine mammals should encounters occur during active vessel surveys.

Regulatory Framework and Oversight

The permit application is evaluated under strict federal environmental statutes. The Marine Mammal Protection Act of 1972 governs the taking and importing of marine mammals, while the Endangered Species Act of 1973 regulates activities involving endangered and threatened species. The National Marine Fisheries Service, a division of the National Oceanic and Atmospheric Administration within the Department of Commerce, oversees the application review process.

Agency officials made an initial determination that the proposed research activities are categorically excluded from the requirement to prepare a comprehensive environmental assessment or environmental impact statement under the National Environmental Policy Act. Concurrently with the publication of the Federal Register notice, the National Marine Fisheries Service forwarded copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors for professional review.

Public Participation and Next Steps

Interested parties, including researchers, industry stakeholders, and the public, have until December 7, 2026, to submit written comments on the application. The National Marine Fisheries Service also accepts written requests for a public hearing, provided the request outlines specific reasons why a hearing is appropriate. Agency representatives Courtney Smith and Shasta McClenahan are managing inquiries regarding the filing.

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