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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Notices not be visible e.g., fog, heavy rain, pile removal must be delayed until the lead PSO is confident that marine mammals within the shutdown could be detected;
PSOs must record all observations of marine mammals as described in the Monitoring Plan, regardless of distance from the pile being driven. PSOs shall document any behavioral reactions in concert with distance from piles being driven or removed;
The marine mammal monitoring reports must contain the informational
elements described in the Monitoring Plan;
A draft marine mammal monitoring report, and PSO datasheets and/or raw sighting data, must be submitted to NMFS within 90 calendar days after the completion of pile driving activities. If no comments are received from NMFS
within 30 calendar days, the draft report will constitute the final report. If comments are received, a final report addressing NMFS comments must be
submitted within 30 calendar days after receipt of comments; and In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the IHA-holder must immediately cease the specified activities and report the incident to the Office of Protected Resources OPR
PR.ITP.MonitoringReports@noaa.gov and ITP.Potlock@noaa.gov, NMFS and to the West Coast Regional Stranding Coordinator as soon as feasible.

TABLE 8SHUTDOWN AND HARASSMENT ZONES
Meters Removal method
13-inch polycarbonate pile
14-inch, 16-inch concrete piles
14-inch, 16-inch concrete pile
14-inch, 16-inch concrete pile
14-inch, 16-inch concrete pile
14-inch, 16-inch concrete pile

One pile clipper
One pile clipper
Two pile clippers
Underwater chainsaw
Diamond wire saw
Vibratory hammer

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Harassment zone
Pile information
423
250
250
229
575
311

Shutdown zone1
20

shutdown zone is the same for all mid-frequency cetaceans, phocid pinnipeds, and otariid pinnipeds.

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 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.
Mitigation and monitoring effectiveness.
Visual Monitoring Marine mammal monitoring must be conducted in accordance with the submitted Monitoring Plan and the Mitigation and the Monitoring and Reporting sections of the IHA. Marine mammal monitoring during pile driving and removal must be conducted by NMFS-approved PSOs in a manner consistent with the following:
Independent PSOs i.e., not construction personnel who have no other assigned tasks during monitoring periods must be used;
At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.

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Other PSOs may substitute education degree in biological science or related field or training for experience;
Where a team of two or more PSOs are required, one PSO will be designated as the Command, or lead PSO, and will coordinate all monitoring efforts. The lead PSO must have prior experience performing the duties of an observer;
In the event of concurrent pile removal activities, two lead PSOs may be designated and will coordinate and communicate all monitoring efforts if a single observer cannot observe the two concurrent activities. Each position will act independently and both will maintain the ability to call for a shutdown. Each lead PSOs will communicate to the other of a potential sighting of a marine protected species traveling from one location to the other within the appropriate shutdown and Level B zones during concurrent pile removal activities.
The Navy must submit PSO
Curriculum Vitae CV for approval by NMFS prior to the onset of pile driving.
PSOs must have the following additional qualifications:
Ability to conduct field observations and collect data according to assigned protocols;
Experience or training in the field identification of marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the construction
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