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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules present, the Level A harassment zone PTS onset beyond 150 m from the point of noise generation see Figures 6
1 through 64 of the Navys application. For activities where the Level A PTS onset harassment zones
are smaller, the disturbance zone would include the entire region of influence ROI and is the full extent of potential underwater noise impact Level A and Level B calculated harassment zones.
Work will be allowed to proceed
without cessation while marine mammals are in the disturbance zone and marine mammal behavior within the disturbance zone will be monitored and documented.

TABLE 19PILE DRIVING SHUTDOWN ZONE AND DISTURBANCE ZONES DURING PROJECT ACTIVITIES
Installation method
Pile type Steel pipe
Steel H
Z-Shaped Steel Sheet

Pile diameter
Impact Impact Vibratory Vibratory Impact Vibratory Impact
Shut down zone for cetaceans
30-in 42-in 14-in 22.5-in 22.5-in 31.5-in 31.5-in
150
150
10
30
150
20
150

Shut down zone for pinnipeds m m m m m m m
150
50
10
10
150
10
150

Disturbance zone m m m m m m m
2,500 m 2,500 m ROI
ROI
2,500 m ROI
2,500 m
ROI = region of influence and is the full extent of potential underwater noise impact Level A and Level B calculated harassment zones.

Soft Start The Navy will use soft start techniques when impact pile driving.
Soft start requires contractors to provide an initial set of three strikes from the hammer at reduced energy, followed by a 30-second waiting period. Then two subsequent reduced-energy strike sets would occur. A soft start will be implemented at the start of each days impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer. Soft start is not required during vibratory pile driving activities.
Based on our evaluation of the applicants proposed measures, NMFS
has preliminarily determined that the proposed mitigation measures provide the means of effecting the least practicable adverse impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

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Proposed Monitoring and Reporting In order to issue an IHA for an activity, Section 101a5D of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking.
The MMPA implementing regulations at 50 CFR 216.104 a13 indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the action area. Effective reporting is critical both to compliance as well as for ensuring that the most value is obtained from the required monitoring.

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Monitoring and reporting requirements prescribed by NMFS
should contribute to improved understanding of one or more of the following:
D Occurrence of marine mammal species or stocks in the area in which take is anticipated e.g., presence, abundance, distribution, density;
D Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts individual or cumulative, acute or chronic, through better understanding of: 1 Action or environment e.g., source characterization, propagation, ambient noise; 2 affected species e.g., life history, dive patterns; 3 co-occurrence of marine mammal species with the action; or 4 biological or behavioral context of exposure e.g., age, calving or feeding areas;
D Individual marine mammal responses behavioral or physiological to acoustic stressors acute, chronic, or cumulative, other stressors, or cumulative impacts from multiple stressors;
D How anticipated responses to stressors impact either: 1 Long-term fitness and survival of individual marine mammals; or 2 populations, species, or stocks;
D Effects on marine mammal habitat e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat; and D Mitigation and monitoring effectiveness.
The Navy will submit a Marine Mammal Monitoring Plan to NMFS for approval in advance of the start of construction.

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Monitoring Zones The Navy will conduct monitoring to include the area within the Level B
harassment zones areas where SPLs are equal to or exceed the 160 dB rms threshold for impact driving and the 120
dB rms threshold during vibratory pile driving see Disturbance Zones in Table 19. These disturbance zones provide utility for monitoring conducted for mitigation purposes i.e., shutdown zone monitoring by establishing monitoring protocols for areas adjacent to the shutdown zones. Monitoring of the disturbance zones enables observers to be aware of and communicate the presence of marine mammals in the project area, but outside the shutdown zone, and thus prepare for potential shutdowns of activity.
Visual Monitoring Monitoring must take place from 30
minutes min prior to initiation of pile driving activity i.e., pre-start clearance monitoring through 30 min postcompletion of pile driving activity. If a marine mammal is observed entering or within the shutdown zones, pile driving will be delayed or halted. If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone or 15 min have passed without re-detection of the animal. Pile driving activity will be halted upon observation of either a species for which incidental take is not authorized or a species for which incidental take has been authorized but the authorized number of takes has been met, entering or within the disturbance zone.

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