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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Notices
TABLE 12SHUTDOWN ZONES DISTANCES FOR CONSTRUCTION ACTIVITIES AND MARINE MAMMAL HEARING GROUPS
Shutdown distance m Pile type, size & driving method HF cetacean Vibratory drive 30-inch steel pipe piles
Vibratory extraction 30-inch steel pipe piles
Impact drive 28-inch steel sheet piles
Vibratory drive 28-inch steel sheet piles
Impact drive 18-inch sheet piles
Vibratory drive 18-inch sheet piles
Drilling 4.5-inch blast charge holes
Blasting 120 lb charge

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70
70
110
25
110
15
10
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Phocid 30
30.
50.
10.
50.
10.
10.
Entire ROI.

of influence ROI for blasting is the maximum ensonified area 0.335 km2.

Pre-start Clearance MonitoringPrior to the start of daily in-water construction activity, or whenever a break in pile driving/removal or drilling of 30 minutes or longer occurs, PSOs will observe the shutdown zones for a period of 30 minutes. The shutdown zone will be considered cleared when a marine mammal has not been observed within the zone for that 30-minute period. If a marine mammal is observed within the shutdown zone, no construction activity, including softstart see below, can proceed until the animal has voluntarily left the zone or has not been observed for 15 minutes.
When a marine mammal for which Level B harassment take is authorized is present in the Level B harassment zone, activities may begin. If the entire Level B harassment zone is not visible at the start of construction, pile driving activities can begin. If work ceases for more than 30 minutes, the pre-activity monitoring of the shutdown zones will commence.
Soft StartThe use of a soft start procedure is believed to provide additional protection to marine mammals by warning marine mammals or providing them with a chance to leave the area prior to the hammer operating at full capacity, and typically involves a requirement to initiate sound from the hammer at reduced energy followed by a waiting period. The Navy will provide an initial set of strikes from the impact hammer at reduced energy, followed by a 30 second waiting period, and then two subsequent sets. NMFS
notes that it is difficult to specify the reduction in energy for any given hammer because of variation across drivers and, for impact hammers, the actual number of strikes at reduced energy will vary because operating the hammer at less than full power results in bouncing of the hammer as it strikes the pile, resulting in multiple strikes. Soft start will be implemented at the start of each days impact pile driving and at any time following
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cessation of impact pile driving for a period of 30 minutes or longer.
Based on our evaluation of the required measures, NMFS has determined that the prescribed mitigation measures provide the means 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.
Monitoring and Reporting Requirements 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 ensuring that the most value is obtained from the required monitoring.
Monitoring and reporting requirements prescribed by NMFS
should contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area in which take is anticipated e.g., presence, abundance, distribution, density;
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
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context of exposure e.g., age, calving or feeding areas;
Individual marine mammal responses behavioral or physiological to acoustic stressors acute, chronic, or cumulative, other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: 1 Long-term fitness and survival of individual marine mammals; or 2 populations, species, or stocks;
Effects on marine mammal habitat e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat; and Mitigation and monitoring effectiveness.
Monitoring Requirements The Navy shall employ trained PSOs to conduct marine mammal monitoring for its PNSY modification and expansion project. The purposes of marine mammal monitoring are to implement mitigation measures and learn more about impacts to marine mammals from the Navys construction activities.
Protected Species Observer Qualifications NMFS-approved PSOs shall meet the following requirements:
1. Independent observers i.e., not construction personnel are required;
2. At least one observer must have prior experience working as an observer;
3. Other observers may substitute education undergraduate degree in biological science or related field or training for experience;
4. Where a team of three or more observers are required, one observer should be designated as lead observer or monitoring coordinator. The lead observer must have prior experience working as an observer; and 5. NMFS will require submission and approval of observer curricula vitae CVs.

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