Federal Register - June 8, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices natural sciences and a minimum of 30
semester hours or equivalent in the biological sciences and at least one undergraduate course in math or statistics. The educational requirements may be waived if the PSO has acquired the relevant skills through alternate experience. Requests for such a waiver must include written justification.
Alternate experience that may be considered includes, but is not limited to 1 secondary education and/or experience comparable to PSO duties;
2 previous work experience conducting academic, commercial, or government-sponsored marine mammal surveys; or 3 previous work experience as a PSO; the PSO should demonstrate good standing and consistently good performance of PSO duties.
Experience and ability to conduct field observations and collect data according to assigned protocols this may include academic experience.
Experience or training in the field identification of marine mammals, including the identification of behaviors.
Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations.
Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when construction activities were conducted; dates and times when construction activities were suspended to avoid potential incidental injury from construction sound or visual disturbance of marine mammals observed; and marine mammal behavior.
Ability to communicate orally, by radio or in person, with project personnel to provide real-time
information on marine mammals observed in the area as necessary.
a PSOs must be provided with the equipment necessary to effectively monitor for marine mammals in order to record species, the distance from species location to the construction activities, behaviors, and responses to construction activities.
b The PSO must also conduct biological resources awareness training for construction personnel. The awareness training will be provided to brief construction personnel on identification of marine mammals including neonates and the need to avoid and minimize impacts to marine mammals. If new construction personnel are added to the project, the contractor shall ensure that the personnel receive the mandatory training before starting work.
Monitoring requirements also include:
Pre-Activity MonitoringPre and post construction daily censusesA census of marine mammals in the project area and the area surrounding the project must be conducted 30 minutes prior to the beginning of construction on monitoring days, and again 30 minutes after the completion of construction activities. The following data will be collected:
Environmental conditions weather condition, tidal conditions, visibility, cloud cover, air temperature and wind speed Numbers of each marine mammal species spotted Location of each species spotted, including distance from construction activity Status in water or hauled out Behavior Hourly CountsConduct hourly counts of animals hauled out and in the water within, at least, the Level B
harassment zone.
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Data collected must include:
Numbers of each species Location, including whether inside the Level B harassment zone; whether hauled out or in the water; and distance from construction activities +/10 m Time Tidal conditions Time construction activities start and end Primary construction activities occurring during the past hour Any noise or visual disturbance Number of mom/pup pairs and neonates observed Notable behaviors, including foraging, grooming, resting, aggression, mating activity, and others Notes should include any of the following information to the extent it is feasible to record:
Age-class Sex Unusual activity or signs of stress Any other information worth noting Construction Related Reactions Record reaction observed in relation to construction activities including:
Tally of each reaction Time of reaction Concurrent construction activity The assumed cause whether related to construction activities or not shall be noted Disturbance must be recorded according to NMFS three-point pinniped disturbance scale see Table 3
Location of animal during initial reaction and distance from the noted disturbance Activity before and after disturbance Status in water or hauled out before and after disturbance
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TABLE 3PINNIPED BEHAVIORAL DISTURBANCE CODE REACTIONS
Level
Type of response
Definition
1
Alert
2
Movement
3
Flush
Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animals body length.
Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animals body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees.
All retreats flushes to the water.
Reporting A draft marine mammal monitoring report would be submitted to NMFS
within 90 days after the completion of pile driving and removal activities, or 60 days prior to a requested date of
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issuance of any future IHAs for projects at the same location, whichever comes first. The report must include full documentation of methods, results, and interpretation pertaining to all monitoring. It shall also include marine mammal observations pre-activity,
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during-activity, and post-activity of construction, and shall also provide descriptions of any behavioral responses by marine mammals due to disturbance from construction activities and a complete description of total take estimate based on the number of marine
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