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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
Hydroacoustic Monitoring and Reporting The Navy has volunteered to conduct hydroacoustic monitoring of all pile driving and removal methods. Data will be collected for a representative number of piles three to five for each installation or removal method. As part of the below-mentioned report, or in a separate report with the same timelines as above, the Navy will provide an acoustic monitoring report for this work.
Hydroacoustic monitoring results can be used to adjust the size of the Level B
harassment and monitoring zones after a request is made and approved by NMFS. The acoustic monitoring report must, at minimum, include the following:
Hydrophone equipment and methods: recording device, sampling rate, distance m from the pile where recordings were made; depth of recording devices;
Type of pile being driven or removed, substrate type, method of driving or removal during recordings;
For impact pile driving: Pulse duration and mean, median, and maximum sound levels dB re: 1mPa:
SELcum, peak sound pressure level SPLpeak, and single-strike sound exposure level SELs-s;
For vibratory removal and other non-impulsive sources: Mean, median, and maximum sound levels dB re:
1mPa: Root mean square sound pressure level SPLrms, SELcum; and Number of strikes impact or duration vibratory or other nonimpulsive sources per pile measured, one-third octave band spectrum and power spectral density plot.

description of work completed, a narrative regarding marine mammal sightings, and associated PSO data sheets. Specifically, the report must include:
Dates and times begin and end of all marine mammal monitoring;
Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method i.e., impact or vibratory and if other removal methods were used;
Weather parameters and water conditions during each monitoring period e.g., wind speed, percent cover, visibility, sea state;
The number of marine mammals observed, by species, relative to the pile location and if pile driving or removal was occurring at time of sighting;
Age and sex class, if possible, of all marine mammals observed;
PSO locations during marine mammal monitoring;
Distances and bearings of each marine mammal observed to the pile being driven or removed for each sighting if pile driving or removal was occurring at time of sighting;
Description of any marine mammal behavior patterns during observation, including direction of travel and estimated time spent within the Level A
and Level B harassment zones while the source was active;
Number of individuals of each species differentiated by month as appropriate detected within the monitoring zone;
Detailed information about any implementation of any mitigation triggered e.g., shutdowns and delays, a description of specific actions that ensued, and resulting behavior of the animal, if any; and Description of attempts to distinguish between the number of individual animals taken and the number of incidences of take, such as ability to track groups or individuals.
If no comments are received from NMFS within 30 days, the draft final report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.

Reporting A draft marine mammal monitoring report will 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 issuance of any future IHAs for projects at the same location, whichever comes first. The report will include an overall
Reporting Injured or Dead Marine Mammals In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Navy shall report the incident to the Office of Protected Resources OPR, NMFS and to the regional stranding coordinator as soon as feasible. If the
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Monitoring will be conducted 30
minutes before, during, and 30 minutes after pile driving/removal activities. In addition, observers shall record all incidents of marine mammal occurrence, regardless of distance from activity, and shall document any behavioral reactions in concert with distance from piles being driven or removed. Pile driving activities include the time to install or remove a single pile or series of piles, as long as the time elapsed between uses of the pile driving or drilling equipment is no more than 30 minutes.

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death or injury was clearly caused by the specified activity, the Navy must immediately cease the specified activities until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the IHA.
The IHA-holder must not resume their activities until notified by NMFS. The report must include the following information:
Time, date, and location latitude/
longitude of the first discovery and updated location information if known and applicable;
Species identification if known or description of the animals involved;
Condition of the animals including carcass condition if the animal is dead;
Observed behaviors of the animals, if alive;
If available, photographs or video footage of the animals; and General circumstances under which the animal was discovered.
Negligible Impact Analysis and Determination NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival 50 CFR 216.103. A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival i.e., populationlevel effects. An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be taken through harassment, NMFS considers other factors, such as the likely nature of any responses e.g., intensity, duration, the context of any responses e.g., critical reproductive time or location, migration, as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989
preamble for NMFSs implementing regulations 54 FR 40338; September 29, 1989, the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing
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